Terms of service
1. ACCEPTANCE
Each Order shall constitute acceptance by the Customer of these Terms of Service.
2. COLOR
As a result of the nature of full color printing that is CMYK, Pomegranate Printing will not be in a position to print every color available. In addition to that, Pomegranate Printing does not carry out color matching. Regardless, Pomegranate Printing offers the print industry’s standard phrase of respectable color and will make every rational effort to print the customer’s product as close to the color’s the customer has provided possible.
3. PRICE VARIATION
Price estimates are based on Pomegranate Printing current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
4. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
5. COPY
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Pomegranate Printing shall be entitled to make additional charges on a time and materials basis to cover such additional work.
6. PROOFS
Proofs of all work may be submitted for customer’s approval and Pomegranate Printing shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Pomegranate Printing discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
7. COPYRIGHT
7.1 Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Pomegranate Printing shall vest in and belong to Pomegranate Printing.
7.2 By accepting this Terms of Service, customer agrees that he/she/it will not furnish Pomegranate Printing with copywriter artwork to print.
8. LIABILITY
8.1 Pomegranate Printing liability to the Customer shall be limited to the value of the Order supplied.
8.2 The Sale of Goods Act 1908, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Pomegranate Printing which cannot by law (or which can only to a limited extent by law) be excluded or modified.
8.3 Except as otherwise provided above Pomegranate Printing shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of items to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from items provided by Pomegranate Printing to the Customer.
8.3 The Customer shall indemnify Pomegranate Printing against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Pomegranate Printing or otherwise, brought by any person in connection with any matter, act, omission, or error by Pomegranate Printing in connection with the services and items.
9. ILLEGAL MATTER
Pomegranate Printing shall not be required to print any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights or any third party.
10. RISK
From the time of dispatch to the Customer by Pomegranate Printing, risk in all items supplied shall pass to the Customer and any loss, damage or deterioration to the items shall be borne by the Customer.
11. WARRANTIES & GUARANTEE
11.1 Unless otherwise specified, Pomegranate Printing gives no warranty express or implied as to the quality, description or fitness for any particular purpose of the services.
11.2 Pomegranate Printing does not provide any guarantee with regards to the turnaround time due to unforeseen delays which may be as a result of a technical issue and/or increased production volume.
12. COMPLIANCE
The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, bylaws or rules having the force of law in connection with the installation operation and provision of the services.
13. ASSIGNMENT
13.1 The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of Pomegranate Printing.
13.2 Pomegranate Printing is entitled at any time to assign to any other party all or any part of a debt which is owing to Pomegranate Printing.
14. CANCELLATION
Upon placing of an order by the customer and the same being forwarded to production, Pomegranate Printing will not be in a position to cancel the order in the event the customer wants a cancellation. Pomegranate Printing may only refund the customer for the incurred shipping cost and the said item and/or product will be recycled.
15. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement and supersede and extinguish all prior agreements and understandings between Pomegranate Printing and the Customer.
16. GOVERNING LAW
These Terms of Service will be interpreted in accordance with and governed by the laws of the state of California will have exclusive jurisdiction over any dispute in relation to the services.
Each Order shall constitute acceptance by the Customer of these Terms of Service.
2. COLOR
As a result of the nature of full color printing that is CMYK, Pomegranate Printing will not be in a position to print every color available. In addition to that, Pomegranate Printing does not carry out color matching. Regardless, Pomegranate Printing offers the print industry’s standard phrase of respectable color and will make every rational effort to print the customer’s product as close to the color’s the customer has provided possible.
3. PRICE VARIATION
Price estimates are based on Pomegranate Printing current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
4. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
5. COPY
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Pomegranate Printing shall be entitled to make additional charges on a time and materials basis to cover such additional work.
6. PROOFS
Proofs of all work may be submitted for customer’s approval and Pomegranate Printing shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Pomegranate Printing discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
7. COPYRIGHT
7.1 Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Pomegranate Printing shall vest in and belong to Pomegranate Printing.
7.2 By accepting this Terms of Service, customer agrees that he/she/it will not furnish Pomegranate Printing with copywriter artwork to print.
8. LIABILITY
8.1 Pomegranate Printing liability to the Customer shall be limited to the value of the Order supplied.
8.2 The Sale of Goods Act 1908, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Pomegranate Printing which cannot by law (or which can only to a limited extent by law) be excluded or modified.
8.3 Except as otherwise provided above Pomegranate Printing shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of items to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from items provided by Pomegranate Printing to the Customer.
8.3 The Customer shall indemnify Pomegranate Printing against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Pomegranate Printing or otherwise, brought by any person in connection with any matter, act, omission, or error by Pomegranate Printing in connection with the services and items.
9. ILLEGAL MATTER
Pomegranate Printing shall not be required to print any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights or any third party.
10. RISK
From the time of dispatch to the Customer by Pomegranate Printing, risk in all items supplied shall pass to the Customer and any loss, damage or deterioration to the items shall be borne by the Customer.
11. WARRANTIES & GUARANTEE
11.1 Unless otherwise specified, Pomegranate Printing gives no warranty express or implied as to the quality, description or fitness for any particular purpose of the services.
11.2 Pomegranate Printing does not provide any guarantee with regards to the turnaround time due to unforeseen delays which may be as a result of a technical issue and/or increased production volume.
12. COMPLIANCE
The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, bylaws or rules having the force of law in connection with the installation operation and provision of the services.
13. ASSIGNMENT
13.1 The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of Pomegranate Printing.
13.2 Pomegranate Printing is entitled at any time to assign to any other party all or any part of a debt which is owing to Pomegranate Printing.
14. CANCELLATION
Upon placing of an order by the customer and the same being forwarded to production, Pomegranate Printing will not be in a position to cancel the order in the event the customer wants a cancellation. Pomegranate Printing may only refund the customer for the incurred shipping cost and the said item and/or product will be recycled.
15. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement and supersede and extinguish all prior agreements and understandings between Pomegranate Printing and the Customer.
16. GOVERNING LAW
These Terms of Service will be interpreted in accordance with and governed by the laws of the state of California will have exclusive jurisdiction over any dispute in relation to the services.
