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Terms & Conditions
A LEGAL DISCLAIMER
By purchasing products and services from ONYX Custom Graphics (a.k.a. 'THE HOUSE', 'We', and 'Our'), you (a.k.a. 'the Customer' and 'you') accept and agree to the following Terms and Conditions:
THE HOUSE reserves the right to revise its Terms and Conditions Statement to correct inaccuracies, prices, omissions, descriptions, and errors relating to its products and productions anytime and without prior notice.
It is the Customer's responsibility to read and to comprehend THE HOUSE's Terms and Conditions prior to purchasing ONYX's goods and services. Prior to the installation of vinyl graphics, the customer agrees that he or she has read and understood the local, state, and federal laws governing the installation of vinyl graphic signs in interior and exterior spaces (including vinyl lettering and graphics that are placed on motor vehicles); and, the customer agrees that he or she has read and understood the manufacturers' bulletins and warranties for the specific product that he or she is purchasing, that is listed in the quote, and that is included in the job order.
THE HOUSE promises to maintain standard industry knowledge to perform the highest quality graphics and signage design, printing, die-cutting and installation. THE HOUSE provides design services and vinyl graphics (cut and print) primarily to entrepreneurs, businesses, educational institutions, governments and nonprofits. THE HOUSE reserves the right to reject requests to create content that falls outside of its capabilities or that does not align with its core values. As such, THE HOUSE does not produce content that: a) knowingly promotes gun violence, criminality, cruelty to humans or animals, discrimination, hatred, and victimization; b) is considered defamatory, infringing, obscene, offensive, tortuous, or unlawful; c) creates a false identity or impersonates another for the purpose of misleading others as to your true identity, including, but not limited to, providing misleading information to and through any communications systems or feedback system utilized by ONYX; and d), infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.
REQUESTS FOR PRICE QUOTE:
Requests for Quotes must not be interpreted as an agreement to provide products and services.
PRICE QUOTES:
Price Quotes and their content are subject to change to meet the Customer's project specifications, to meet the job requirements, and to meet THE HOUSE's inventory. Pricing is accurate at the time the estimate was completed. We reserve the right to revise Price Quotes based on changes in market prices.
JOB ORDERS:
A signed Job Order (a.k.a. The Contract ) is the legal instrument by which THE HOUSE agrees to deliver fee-based services and products to its customers.
SUBMISSIONS:
Backup your artwork files (make copies) before submitting them to THE HOUSE. See Artwork and File Submission on this site's Production page for further details. The Customer retains the copyright in his or her proprietary logos, images, and media. However, all original designs produced by THE HOUSE (i.e., suggestions, ideas, concepts, notes, drawings, inventions, and other content) that does not incorporate the Customer's existing proprietary content, remain the property of THE HOUSE and cannot be used, reproduced or distributed in any way without its expressed permission. ONYX reserves the right to photograph finished work on substrates and vehicles, and it reserves the right to use those photos for advertisement and marketing purposes.
SAME-DAY SERVICE:
The HOUSE may be able to provide same-day service, contingent upon its production schedule and the nature of your project. However, you must call ahead to discuss this possibility. Rush jobs will exact a surcharge representing 35% of the base job price.
CHANGE ORDERS:
THE HOUSE will allow only two revisions to be made to custom work. Changes made to artwork, content, or graphics after they have been approved by electronic signature but before the job goes to the presses and plotters will incur surcharges. Changes cannot be made after the job goes to the presses and plotters.
PAYMENT FORMS and SCHEDULE:
THE HOUSE accepts Apple Pay, major credit cards, and electronic checks that can be processed virtually. A 50% deposit must be paid to begin the job, and the balance is due before the final product is released to the Customer. Invoicing is available only to governments, schools, and non-profits that will receive a discount if invoices are paid NET 10.
ALL SALES ARE FINAL:
THE HOUSE provides goods and services on the bases of pre-approved artwork and job orders (contracts), not on the basis of expectations. The Customer or the Customer's assigned agent bears the responsibility of proofing and validating the accuracy of their content (artwork, color specs, and text) via signature through our online, digitized art approval process. Therefore, THE HOUSE is not responsible for 'buyer's remorse.' Vinyl materials are non-returnable, once those materials have been converted (printed, cut, and installed) per the job order. THE HOUSE does not accept returns. Down payments and full payments are not refundable. If the Customer cancels the job after the artwork has been approved and after the deposit has been paid, the 50% deposit is forfeited. The Customer agrees to be responsible for all collection fees---including but not limited to attorney fees and court costs---for any unpaid balances that will accrue an interest rate of 6% per month until the account is settled.
CANCELLATIONS:
The Customer must pay 100% of the cost of any Special Order vinyl before it is ordered. If the the Customer elects not to use the Special Order once THE HOUSE has purchased it, the cost of the Special Order is non-refundable.
VEHICLE INSPECTION AND CLEANING PRIOR TO VINYL INSTALLATION:
THE HOUSE is not responsible for the condition of a vehicle's paint surface prior to the installation of vinyl lettering and graphics. Any pre-existing dents, scratches, and finish imperfections will be photographed and documented.
All vehicles must arrive at our location washed (soap and water only), clean, and free from wax, Clay Bar, grease, oil, plasti-dip, and any debris that will interfere with vinyl adhesion. This condition also applies to vehicles to be serviced at your location.
Depending upon the situation, THE HOUSE may or may not be able to remove or cover old vinyl decals and lettering. Removing or covering old vinyl will incur an additional cost. THE HOUSE is not responsible for the condition of the vehicle's paint and body when removing old decals or graphics. By signing a contract, the Customer agrees to hold THE HOUSE harmless for damage to paintwork when the vinyl is installed or removed.
INSTALLATIONS:
ONYX installs vinyl letters and graphics exclusively on commercial vehicles or vehicles that are used in a business. THE HOUSE applies adhesive vinyls that are applicable to appropriate surfaces, according to the manufacturers’ specifications. THE HOUSE only uses vinyl that is warranted for application on original factory paint. Vinyl (lettering and graphics) will cause slight or significant alterations to the surfaces to which they are applied. We do not advise, and we reserve the right to refuse, installation on a re-sprayed surface or poor quality/rusted paintwork, including lifting clear coat, that will cause the installation to fail.
Vinyl is a pliable plastic material, and we make every effort to make it look as seamless as possible. However, your vehicle may have curves, bumps, rivets, moldings and deep recesses that will prevent vinyl conformity. In some cases, relief cuts will be made or patches will be installed to cover certain areas. Vinyl has memory (stretching will result in some shrinkage, as the vinyl returns to its original shape). Rust, cracking, scratches, caulking, dents or other surface damage may show through or damage the vinyl, causing the installation to fail prematurely. No vinyl will be installed on trailers with caulking because vinyl will not stick to caulking. Areas repaired with body filler must be sanded, epoxy primed, and finished with OEM (Original Equipment from the Manufacturer) paint or clear coat. Any recently applied finish must be fully cured for a minimum of 30 days prior to the installation of vinyl lettering or graphics.
Installers use a heat gun to stretch the vinyl and a squeegee to burnish it. Installers rely on sharp razors to manipulate the vinyl and remove excess material. Even with the expert installers, there is potential for minor nicks and scratches to the surface for which THE HOUSE will not be held liable.
Installation time is based upon several factors, including, but not limited to, vinyl choice, place of installation, size of vehicle, complexity of installation areas, and any unforeseen circumstances that may arise such as illness, weather, shipping delays, and equipment (printer, cutter, delivery vehicle) failure. We will make every effort to install graphics in the specified timeframes, but we reserve the right to change them at any time and for any reason.
Your vehicle will receive the best quality vinyl decal and graphics work, but it must be understood that vinyl is not paint. Letters and graphics will not be installed on door handles, bumpers, wheel wells, running boards, and severe channels. Extreme curves, deep channels, and pockets may exceed the vinyl’s stretch limits. Minor imperfections must be anticipated. There will be seams and overlaps. The vinyl may lift in difficult areas. There could be bubbles & wrinkles in difficult areas. Final printed color may differ from the artwork on a computer screen, unless the Customer provided a PMS Number (Pantone Matching System Number). Once installed, vinyl graphics are intended to be viewed from a distance of six (6) feet from the surface, as banding may be visible at close viewing, especially when economy vinyl is chosen. Estimates are preliminary, and they are based on how many hours the job will take from design to installation. Design, production, and installation of vinyl may take longer than estimated. THE HOUSE is not responsible for personal items left in your vehicle.
LIMITATION OF LIABILITY (Performance, Materials, and Warranties):
The Customer must visit the manufacturers' websites, brochures or bulletins for specific warranty information regarding the vinyl product(s) chosen for installation. THE HOUSE uses Roland, Avery Dennison, 3M, HP, and General Formulations vinyl materials that are installed per the customer or authorized representative's request. We will provide guidance regarding which vinyl is appropriate for your job. Although vinyl manufacturers warrant their materials to last up to 5 years (High Performance vinyl up to 7 to 10 years), the actual lifespan of vinyl lettering and graphics depends upon their installation positions (vertical or horizontal), upon their locations (interior or exterior), upon the surfaces to which they are applied, and upon other factors (e.g., weather, aftercare, Customer's care/cleaning/maintenance practices, road debris, vandalism, and unforeseen circumstances). Therefore, THE HOUSE does not guarantee the duration of vinyl graphics that may, or may not, endure up to the years specified in the manufacturer's warranty. No warranties exist for graphics applied to chrome, plastic, Plasti-Dip, and non-factory finished paint. THE HOUSE does not guarantee or warranty vinyl application on the following parts and areas: aftermarket paint, failing paint or clear-coat, unpainted primer or plastic, boats, bumpers, wheels/rims, or brake calipers.
THE HOUSE shall not be liable for any direct, indirect, special, incidental, or consequential losses or damage, including, but not limited to, the lost profits, revenue, business opportunities, or goodwill in any way related to its services or products. THE HOUSE shall not be responsible for any downtime of the Customer's commercial vehicle or any loss of revenue, due to unforeseen and unavoidable events such as, but not limited to, fire, water, strikes, theft, vandalism, acts of God, weather, temperature, sickness or material/equipment shipment delays, and other causes beyond our control. During winter months, some manufacturers’ warranties are voided if vinyl is installed below 45 degrees.
It is solely the Customer’s responsibility to know, and to comply with, the Americans with Disabilities Act Standards for Accessible Design, which includes, but is not limited to: 302.2 Carpet. Carpet or carpet tile shall be securely attached and shall have a firm cushion, pad, or backing or no cushion or pad. Carpet or carpet tile shall have a level loop, textured loop, level cut pile, or level cut/uncut pile texture. Pile height shall be 1/2 in (13 mm) maximum. Exposed edges of carpet shall be fastened to floor surfaces and shall have trim on the entire length of the exposed edge. Loose or damaged floor or carpet graphics may cause a person to slip, trip, and fall. To reduce those risks, select an over-laminate that has a slip-resistance surface. Properly apply graphics only on hard indoor floors or carpets with a pile as described in ADA verbiage. Immediately remove or replace loose or damaged graphics. Do not attempt to repair or re-adhere. Failure to heed this caution may result in injury.
AFTER CARE:
Once the vehicle is taken from our location, the Customer is responsible for maintaining the installed vinyl lettering and graphics. It will take approximately 30 days for the vinyl to cure. Factors that affect the performance life of vinyl include brand, condition and preparation of the substrate, angle and direction of sun exposure, environmental conditions, and cleaning and maintenance methods. Keep the vehicle out of direct sunlight for the first 2-3 days after installation. Beyond that timeframe, parking in shaded areas is always recommended. Do not allow fuels or other corrosive substances to stay in contact with the vinyl. Immediately clean all corrosive spills. Clean with water and a mild soap. Avoid any harsh chemicals that can deteriorate the vinyl. HAND WASHING ONLY is recommended for the first week and thereafter. Do not pressure wash, and do not run vehicles through automatic carwashes. Do not use a power washer or a brush (hand-held or mechanical) that can scratch, chip, tear, peel and lift the vinyl. Brushes can also fade and dull the appearance of the overlaminate and graphic. Avoid using abrasive sponges and drying towels. Wash the vehicle from the top downward. The objective is to avoid scratching the vinyl. If time allows, let the vehicle air dry. Touch up with a soft microfiber cloth, using light pressure. NEVER WAX or CLAY BAR the vinyl, as doing so will cause It to turn yellow and crack. Do not apply carnauba-based wax or any wax, polish, matte or carbon fiber over vinyl that will cause its deterioration. You cannot roll down windows that are clad in perforated (view thru) vinyl. Damage done to the vinyl material by the Customer or any third party is not warranted by THE HOUSE.
VEHICLE STORAGE FEES:
Any vehicle that is left beyond the authorized pickup day (the date that the Customer has been notified that the vehicle is ready for pick-up) will be charged $35.00 per day until the vehicle has been picked up.
By using THE HOUSE'S website, you agree to be bound by all additional Terms and Conditions set forth below:
Unauthorized use of this website and its content (text, graphics, images and other content) violates copyright, service mark, and other laws. Use of website material on any other website or in a networked environment is prohibited. THE HOUSE retains all intellectual property rights in its site content. Except as expressly provided herein, you may not sell or modify our website material or reproduce, display, distribute, or otherwise use the site content in any way for any public or commercial purpose.
As a user of our website, you are responsible for your own communications. Do not send to us any content or material that is copyrighted (unless you are the copyright owner or you have the permission of the copyright owner to transmit the materials to us). Do not send us any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; that intentionally or unintentionally violates or encourages conduct that would violate any local, state, or federal law; that reveals trade secrets (unless you own them or have the express permission of the owner to disclose those secrets to us); that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; that constitutes advertisements or solicitations of business; or, that impersonates an individual.
We reserve the right to deny you access to our website for violating these Terms and Conditions or any applicable law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use our website or its material and obligates you to immediately destroy any copies of our website material in your possession.
LIMITATIONS OF LIABILITY (Website): No warranty is hereby made that our website site will operate error-free or that our website and its server are free of computer viruses or other harmful material. if your use of our website or its materials results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment or data, you shall be solely responsible for any such costs or expenses. This website and its material are provided on “as is” and “at your own risk” bases without any warranties of any kind. All warranties are hereby disclaimed to the fullest extent permitted by law, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Although we strive to provide thorough and accurate content on our website, no warranties are hereby made about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: In no event shall the owner or operator of our website, its affiliates, or any third parties mentioned on our website or any third party sites that are affiliated with THE HOUSE'S business be liable for any damages whatsoever (including, without limitation, incidental, indirect, consequential or punitive damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use material on our website or sites linked to it, whether based on warranty, contract, tort, or any other legal theory, and whether or not any party is advised of the possibility of such damages.
INDEMNITY: By using our website, you agree to defend, indemnify, and hold us (including our affiliates, officers, directors, employees and agents) harmless from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that we may become obligated to pay arising or resulting from your use of the our website (and its materials) or your breach of these Terms and Conditions. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
WEBSITE LINKS: Our website may contain links to websites owned by third parties. These links are provided only as a convenience to you and do not constitute an endorsement of the other sites' contents. ONYX is not responsible for the content of any linked sites and make no representations regarding the content, accuracy of materials, or mechanical function of linked sites. Consult the web URL address identified in your browser to determine whether you have linked to a third-party site. If you decide to visit any third-party sites using links from our website, you do so at your own risk.
MISCELLANEOUS: Our website originates from the United States, and we do not claim that its material is appropriate or may be used outside of the United States. Access to our site's material may not be legal by certain persons or in certain countries. If you access our website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the laws of the State of Virginia, without respect to its conflict of laws or principles. You agree to submit to the jurisdiction of the courts of Virginia with respect to any dispute, disagreement, or cause of action related to or involving our website. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our website, these Terms and Conditions constitute our entire agreement with respect to your use of our website, services, or products.
WEBSITE USAGE: By using THE HOUSE'S website, you agree to be bound by all additional Terms and Conditions set forth below: Unauthorized use of this website and its content (text, graphics, images and other content) violates copyright, service mark, and other laws. Use of website material on any other website or in a networked environment is prohibited. THE HOUSE retains all intellectual property rights in its site content. Except as expressly provided herein, you may not sell or modify our website material or reproduce, display, distribute, or otherwise use the site content in any way for any public or commercial purpose. As a user of our website, you are responsible for your own communications. Do not send to us any content or material that is copyrighted (unless you are the copyright owner or you have the permission of the copyright owner to transmit the materials to us). Do not send us any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; that intentionally or unintentionally violates or encourages conduct that would violate any local, state, or federal law; that reveals trade secrets (unless you own them or have the express permission of the owner to disclose those secrets to us); that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; that constitutes advertisements or solicitations of business; or, that impersonates an individual. We reserve the right to deny you access to our website for violating these Terms and Conditions or any applicable law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use our website or its material and obligates you to immediately destroy any copies of our website material in your possession.
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