Workmanship. We guarantee all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the order or issue the customer a refund at our discretion. Electronic colors on electronic proofs may approximate the actual printed goods delivered to a customer. If your job is color-critical, you MUST ORDER A COLOR PROOF at the time of your order. If you do not order a color proof, we are not responsible for any color variations between your monitor to our presses. We cannot stress this enough, color variations will occur -- if you need to attain perfect color on your job it can only be achieved by a color proof. We accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process.
Liability. Our liability is limited to the stated selling price to the customer of any defective goods or services, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. The actions or words of our members, managers, officers, employees or agents shall not constitute a warranty.
Electronic Manuscripts/Images. The customer is required to maintain a copy of the original computer files, artwork and transparencies delivered by us. We are not responsible for accidental loss or damage to media supplied by our customers, or for errors on artwork furnished by the customer. Until we can evaluate digital input, we cannot agree to work or pricing or our ability to use the artwork or materials submitted in digital format, and no liability is assumed for problems that may arise. We will charge our current rates for any additional translating, editing, or programming needed to utilize customer-supplied files We do not archive your work after we deliver the final products to you. Please save your work.
Indemnification. The customer represents that it has the legal right to produce all printed materials ordered from us. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against Kelvin Chappell Designs, LLC based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by Kelvin Chappell Designs, LLC ordered by the customer: (a) infringes any copyright, patent or other proprietary right of any person; or (b) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify, defend and hold Kelvin Chappell Designs, LLC harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1) defending Kelvin Chappell Designs, LLC against any such Claim (2) paying any judgment or award against the customer; and (3) reimbursing Kelvin Chappell Designs, LLC for any reasonable attorneys' fees and expenses, including without limitation, costs of experts, it reasonably incurs in responding.
