Terms & Conditions
General Terms and Conditions Terms of Payment, Legal Fees & Disputes:
Payment is due when invoices are received unless credit terms have been extended with credit references supplied. If payments for past orders are not received, we reserve the right to cancel future orders. After 30 days, unpaid invoices are Past Due. After 60 days, the account is marked delinquent and may be placed with our collection service. Balances unpaid after 60 days will be charged interest at the rate of 5% per month. Expenses incidental to collection, including: court costs, fees, expenses, and reasonable attorney(s) fees equal to 18% of the unpaid balance will also be charged to any account placed with our collection service. Clients shall identify to StrucknDesign, LLC in writing any dispute concerning an invoice within ten days of the date of the invoice. If disputes are not identified in writing, the Client has accepted the invoice. Clients must return to StrucknDesign, LLC any and all work in dispute, accompanied by written explanation. After investigation, errors on our behalf will either be corrected or credited to the Client’s account.
We cannot accept responsibility for consequential damages or loss of any kind resulting from the sale, installation, or delivery of our wrap products. It is the Client’s responsibility to read our FAQ (Frequently Asked Questions) document prior to contracting StrucknDesign, LLC to perform any vehicle wraps. All quotations are valid for 30 days.
Payment terms:
50% deposit with the order confirmation prior to printing, with the balance to be paid prior to collection or delivery of the vehicle. Once the work is performed and the Client takes possession of the vehicle, the Client must pay StrucknDesign, LLC the balance due for the vehicle wrap. The Client will be responsible for the payment of all work and designs performed by StrucknDesign, LLC on behalf of the Client. Any invoices not paid within 15 days of wrap completion are subject to a 5% per month fee, or part of month fee, added to the original invoice. Vehicles must be delivered to our location clean and free from grease and oil, and free from existing graphics. A cleaning charge of $80.00 may be applied if vehicles are not in a satisfactory clean condition.
Vehicles Storage Fee:
Vehicles or trailers left on StrucknDesign, LLC property will be charged a $25 per day storage fee. Fee will be assessed three days after job has been completed. Vehicle or trailer must be paid in full. Vehicle or trailers left over 30 days will be subject to a lien sale. All signs remain the property of StrucknDesign, LLC until paid for in full. Pending payment for goods supplied, the Client holds the goods as the property of StrucknDesign, LLC and the goods must be kept identified as belonging to StrucknDesign, LLC. In the event that the Client fails to make payment, the Client irrevocably authorizes StrucknDesign, LLC to remove the graphics supplied.
Delivery and Pickup:
While we would like you to arrange your own driver (using your preferred delivery method), we would be willing to either select our own delivery person or provide a dedicated delivery at the Client’s expense, plus overhead charge.
Returns:
If the Client has a concern with the job, the Client must contact StrucknDesign, LLC IN WRITING before proceeding with any charge backs or credit returns. StrucknDesign, LLC will be given 30 days opportunity to correct and resolve any disputes prior to any legal action or credit returns.
All banners and vehicle wraps are custom made projects that are not refundable.
If the Client has a concern with the job, the Client must contact StrucknDesign, LLC in writing before proceeding with any charge backs or credit returns or legal action. StrucknDesign, LLC will be given the opportunity to review the complaint and respond to the complaint.
After StrucknDesign, LLC has been given the chance to explain the concerns, the Client has the right to negotiate an agreement with StrucknDesign, LLC. If no agreement can be met, mediation is the first option prior to any Client claims.
As all jobs are custom products, StrucknDesign, LLC must be given the opportunity to reprint or reinstall any job, before the Client issues any credit card charge backs or returns.
In the event that the Client issues a credit card charge back or alleges he/she does not authorize the credit card transaction, the credit card company will issue an inquiry. When the credit company investigates the claim, and if the credit card company’s decision is made in favor of StrucknDesign, LLC, the Client will be held liable for all legal fees, professional research, and discovery time associated with StrucknDesign, LLC having to file an Inquiry / Retrieval Request to the credit card company. If a credit card dispute is decided in favor of StrucknDesign, LLC and if StrucknDesign, LLC suffers any loss of credit card business associated with a Client’s charge back request, the Client will be liable for all legal fees and any credit card business StrucknDesign, LLC is not able to process during this period of the dispute resolution.
In the event that the Client fails to make payment in full on the job invoice, the Client irrevocably authorizes StrucknDesign, LLC to remove the graphics supplied.
As this is custom artwork, once the job is printed, delivered, and/or installed, all contracts are final and no monetary refunds can be issued.
Estimates and Taxes:
Estimates are good faith estimates based on job specification information provided and current material costs. Pricing and schedule are subject to change upon receipt of artwork and approval of estimate. Pricing is good for 10 days from the date of the quote and does not include packaging or shipping charges unless specified. Estimates are contingent upon strikes, accidents, fire, availability of materials and all other causes beyond our control. StrucknDesign, LLC’s minimum order is $1.00, and we require a 50% deposit upon approval of estimate/order and 50% upon delivery, based on agreed terms unless otherwise negotiated upfront. The client order is subject to applicable state and local taxes unless we have a Government Sales Tax Use and Exemption form completely filled out denoting that said corporation is exempt from sales tax. Appropriate taxes will be applied to outstanding invoices until we receive this document.
Job Cancellation and Errors:
If the Client cancels the order before its completion, the Client shall be responsible for the cost of any proofs, artwork, materials, and work done until cancellation notice is received in writing. In addition, StrucknDesign, LLC reserves the right to charge a 15% cancellation fee in addition to the actual charges to cover unbilled internal costs including but not limited to scheduling, client communications, and resources utilized. StrucknDesign, LLC will gladly re-image any job that has problems due to an error on the part of StrucknDesign, LLC. This does not include software limitations or improper set-up of a job. StrucknDesign, LLC will not be held responsible for errors in work after final client sign-off or neglect of final sign-off. No claims will be honored after 24 hours of receipt of any completed and delivered work. Any verbal order will be accepted, but in the absence of any supportive documentation, StrucknDesign, LLC will not be responsible for any verbal mistakes. Everything must be in writing.
StrucknDesign, LLC will not accept responsibility for the inaccuracies in orders telephoned or faxed by the customer.
Limitation of Liability and Confidentiality:
StrucknDesign, LLC’ liability for materials submitted by Clients that are damaged, lost, or not returned to the Client is limited to the replacement of the unused material. Original artwork is left at the Client’s risk and is not subject to replacement. StrucknDesign, LLC will not assume liability for damaged or lost files; only the damaged or lost media will be replaced. StrucknDesign, LLC and the Client understand that during our business relationship, both parties may make known to the other, confidential information and business trade secrets. It is StrucknDesign, LLCs’ policy to treat such information as confidential and we expect the Client to do the same.
Project Start Time, Substrates and Installation:
The start time of any project does not begin until ALL support files and items related to completion of the job are in house, the Client approves the artwork, and the Client is accepted for credit and billing terms. StrucknDesign, LLC will consult with the Client to determine the substrate and process that will best suit the needs and conditions set forth in the scope of the project. Ultimately, the Client accepts full responsibility for determining if said purchased item will perform to their requirements on the substrate(s) to which they are applied. StrucknDesign, LLC cannot control weather conditions which may result in delays with installation. As such, additional labor and/or travel costs may be incurred which are to be paid by Client. We reserve the right to determine the point at which weather conditions become too adverse to continue work.
Trademarks and Copyrights:
Reproduction of copyrighted materials in any form without prior permission of the originator is illegal. It is the responsibility of the Client to obtain said permission. StrucknDesign, LLC is in no way responsible for obtaining permission and assumes that the Client has obtained permission before the work is submitted.
Design and Printing:
The design, name, mark, or other material in final form that is approved by the Client and selected for use will be the exclusive property of the Client upon final payment of all amounts due. All other design, names, marks, and other materials developed in the course of the project shall remain the property of StrucknDesign, LLC, as is customary in our industry. The Client’s ownership of legal rights in the final form of the selected item is exclusive to the extent provided by applicable national and international laws. Legal protection and appropriate registration of a design, name, mark, or other material developed by StrucknDesign, LLC is the responsibility of the Client. StrucknDesign, LLC will store artwork and a fee will be associated with any and all files that are stored to be used at a later date if kept over 1 year, upon the request of the Client.
All work undertaken is under the condition that a complete, high-resolution file is supplied, complete with a color proof, pantone references, and purchase order with the exact specification. Where artwork is supplied by the Client, it is the responsibility of the Client to ensure the artwork is in a “print ready” format. It is the responsibility of the Client’s designer to check the dimensions and layout of the actual vehicle(s).
When StrucknDesign, LLC receives original logos or art we will not modify the color or design, which could cause unacceptable errors. StrucknDesign, LLC will not be held responsible for any design layouts provided by the Client. All original art must come to StrucknDesign, LLC ready to print. There will be a design fee for any changes made to client-supplied art or layout. Design fee is $85.00 per hour. Where StrucknDesign, LLC provides the artwork, it is essential the Client fully checks the final proof with the actual vehicle to check for any variations (e.g. style of lights, positioning of number plates, number of doors, and other major or minor variations.)The accuracy of the templates provided has a margin of error of a few percentage points. It is recommended that designers design vehicle wraps with this in mind, avoiding the extreme edges of the wrap with vital information. Measurement of the vehicle is always recommended. See our artwork guide for more detailed advice and information.
It is the responsibility of the Client to provide or purchase quality, high resolution pictures for large format printing. StrucknDesign, LLC will not be held responsible for low resolution images provided by the Client for printing.
Paint is a smooth liquid spray application, whereas a vinyl wrap is printed onto a vinyl material using a high resolution large format inkjet printer. An inkjet printer print head passes over the vinyl 8 times to create a 1 inch area of coverage and will never print onto the vinyl with the same smooth characteristics of a smooth liquid sprayed paint job. Most car paints look completely smooth from 6 inches. An inkjet printed wrap viewed from 6 inches will show evidence that it has been printed using an ink jet printer. If viewed from the close proximity of 6 inches, banding may be seen. Banding describes the horizontal print passes that occur during the printing process. This is mostly apparent on solid colors with no effects or texture in the design. Since most wraps are designed to be viewed as a moving billboard for advertising purposes, this is not a major issue for most clients, and is considered an acceptable condition with vehicle wrap used for commercial advertising. Paint is also consistent in its color saturation. A car painted with a solid color will have smooth consistent color on the entire surface. When a car is wrapped with printed vinyl, the color may shift slightly between the 52 inch panels, and may shift slightly in certain areas when the installer has to heat the vinyl to make it conform to complex curves. This color shift on complex curves is mostly apparent when solid coverage colors are used in the wrap. Again, these conditions are typically accepted as a limitation of the vinyl wrapping process, and this is an acceptable condition for commercial vehicle advertising, where the advertising will be viewed on a moving vehicle from a standard viewable distance of 15 feet or more from the vehicle.
In the case where a third party design firm is involved on behalf of the Client, StrucknDesign, LLC will consult and advise the third party design firm as part of the StrucknDesign, LLC work order agreement, free of charge, as long as StrucknDesign, LLC performs the printing and installation. The Client will be responsible for all StrucknDesign, LLC consultation fees if the Client decides to take the project elsewhere for printing and installation.
Since StrucknDesign, LLC designs the majority of our wraps, StrucknDesign, LLC uses the original large format design files for the purpose of printing and installing the large format wraps we produce in house. StrucknDesign, LLC typically does not design a large format wrap project for another wrap company to print and install. StrucknDesign, LLC reserves the right to keep all original photo shop and illustrator files created for Large Format printing. These files include all original layered JPG and PSD files. For a separate design fee, StrucknDesign, LLC will provide design and printing for business cards, flyers and brochures. Once the StrucknDesign, LLC project is complete, the Client may choose to purchase the design files from StrucknDesign, LLC on a CD so they can use it on other print advertising.
Additional File Set-up/Design Charges and Color Matching:
If the Client’s files exceed the determined file set-up rate included in price of project, charges will be based on a rate of $75/hour with a $50 minimum and billed in 15 minute increments after the minimum is met. The Client will be notified of this charge prior to work being started and we require Client authorization before proceeding. If StrucknDesign, LLC is creating original artwork, design will be billed at a rate of $75/hour. Color matching charges are $75. Due to the nature of both screen and digital printing, we cannot match PMS colors exactly and give no guarantees to precise color matches. For the $75 charge, we will provide a press match swatch on the substrate chosen for the Client’s project, and once approved, print within 10% match to that swatch.
Use of Images and References to Completed Work:
StrucknDesign, LLC may, at its sole discretion, use images of completed work and/or refer to Client in StrucknDesign, LLCs’ portfolio and any other marketing materials, including but not limited to press releases, brochures, flyers, signs, and vendor marketing materials promoting StrucknDesign, LLC and its services.
Additional Terms, Conditions and Warranty Disclaimer:
Installations: Graphics and alignment as applied to vehicles may not be precisely matched to the digital images (“proofs”) produced for Client’s review. Graphics applied to vehicles are intended to be viewed from a distance of at least 15 feet and StrucknDesign, LLC produces each vehicle graphic with the detail and quality appropriate for viewing from such distance. StrucknDesign, LLC only guarantees final prints designed and set-up by StrucknDesign, LLC for print. StrucknDesign, LLC voids warranty on express rush same day printing and lamination wherein installation schedule prohibits proper 24 hour print curing. StrucknDesign, LLC expressly disclaims all warranties regarding paint jobs on non-standard OEM cars and trucks. StrucknDesign, LLC expressly disclaims all warranties on buses, planes, trains, RVs, custom vehicles and vehicles with OEM paint that is more than 6 years old. If we are asked to cover existing vinyl decals, we cannot be liable for any damage caused to these decals during the installation or removal process.
Although we try to make the wrap look like a paint job, it is NOT paint. There may be extreme curves and bumps such as rivets and deep channel curves and moldings on the vehicle that the vinyl will not be able to conform to. In some small areas you will see evidence of the original color of the vehicle below the wrap. These may be small areas such as around door handles and the edges of the lights on the vehicles. A vehicle wrap is made by applying 52 inch vertical panels of vinyl. There will be 1 inch seams where the panels meet. On a complex design with many matching points, StrucknDesign, LLC cannot guarantee that the graphics will match 100% alignment due to extreme complex curves on the vehicle. A 5% margin is considered acceptable on large outdoor advertising projects.
Proofs are created on a flat surface and viewed at a relatively tiny size on computer screens and 8 inch printed paper. In cases of curves, handles, deep grooves, rubber moldings/trim, on-the-spot adjustments may be made by the installer to assure maximum readability or alignment. In many cases there are slight differences between the printed flat paper proof and the 3 dimensional curved vehicle wrap. Due to the fact that a two dimensional print is being applied to a three dimensional vehicle, and due to the minor variances in the accuracy of the templates, the positioning of a vehicle wrap can vary from the proof by several inches throughout the entire length of a vehicle wrap. This is normal and wraps need to be designed with this in mind.
It is not reasonable to expect an inkjet-printed vinyl wrap to cover and look exactly like paint, or to look exactly the same in all places. A piece of vinyl has limits and can only stretch so much before it changes color. In some cases, a relief cut has to be made in the vinyl that will reveal a small amount of the vehicle’s original paint color underneath. In some cases, the only option is to install a patch in order to conceal a vehicle’s original color. Areas under door handles, mirrors, behind gas caps, and inside door frames will not be wrapped. If we wrap extremely curved surfaces such as mirrors and bumpers, they may reveal the original paint color at the tight edges of the wrap. This is due to material limitations rather than install quality. If we are installing at the Client’s nominated location, suitable conditions must exist. Vehicles need to be indoors in a clean, dust-free temperature-controlled environment, with a power supply and good quality lighting, and with a minimum of 5 feet working space around the entire vehicle. If in the opinion of the senior installer on site, conditions are not suitable for the high-quality install of the wrap / graphics, the vehicle will be required to go to one of our nominated install locations.
Wraps are self-adhesive vinyl that will only adhere well to catalyzed vehicle paint and glass. Poor surface paint or clear coats will not allow the vinyl adhesive to stick properly and the adhesive may fail. It is the responsibility of the vehicle owner to bring in a vehicle that is ready to be wrapped. Extreme curves and deep pockets may exceed the limits of how far the material can stretch. Again, this is not paint, it is a special pressure sensitive vinyl material. Vehicles are not at exact right-angle curves, they maintain lines that are not 100% parallel to the ground. Due to this fact, the graphics that are 2D printed graphics will not be at the same exact angle of the vehicle lines once the wrap is installed onto the 3D vehicle surface. Due to the limitations and the sensitivity of the various substrates, it is impossible to reproduce all colors accurately. Therefore, in the absence of a representative from your company to select the appropriate color sample, reproduction will be at our discretion. When we wrap over existing vinyl strips or letters, the new wrap is thin enough on top that there will be evidence that there is old vinyl underneath the new vinyl. StrucknDesign, LLC cannot be held responsible for any damage void of vehicle warrantee or anything caused through the application of the vinyl products. StrucknDesign, LLC is not liable if during the installation of a wrap the clear coat of the car begins to peel off. Original painted vehicles will not have any problems with the clear coat peeling off.
The application process in many cases takes no longer than a day or two for full wraps, and within one day for partial. The installation process should not be rushed, therefore StrucknDesign, LLC reserves the right to take an additional day for issues such as transportation and weather conditions. It is illegal to cover the front driver side glass. In some cases, the police may also stop you for covering the passenger side glass. Police need to be able to see into a vehicle. In some cases, the Client may insist that the passenger side is wrapped in the design, and StrucknDesign, LLC will wrap it with the disclaimer stating that the Client is responsible for any issues regarding the coverage of the front windows.
The wrap material that is used for vehicle wraps does not stick very well to plastic or rubber parts, such as window trim, side plastic moldings, and plastic door handles. It is advised that these areas NOT be wrapped with adhesive vinyl. Initially the vinyl will stick, but over a short period of time such as a few months, the vinyl will fall off these areas.
In most cases of vinyl lifting, if it is a materials problem the lifting will present itself in the first few weeks after the initial installation. In most cases it is advised that the vehicle wrap be fixed so that the vinyl does not continue to peel back and become contaminated. It is not uncommon to see small areas of the wrap lifting soon after the installation is complete. Several factors can affect the vinyl’s adhesives ability to stick to the vehicle surface, including the following:– If the surface is not prepared properly before the wrap– Extreme temperatures (very hot or very cold)– Extreme humidity in the air during installation– Dust in the air during installation
StrucknDesign, LLC prefers to use our facility for installation. If the Client elects to have installation performed at a non-StrucknDesign, LLC location, StrucknDesign, LLC will not be held liable for any issues related to improper install conditions such as temperature or dust.
Full wraps DO NOT automatically include the roof wrap. The additional cost of labor and materials to wrap a roof can range from $150.00 for a small car, up to $400.00 for a cargo van roof wrap. Most clients do not wrap the roof of their vehicles. Printing takes time, and ink must be dry before prints can be laminated. Once prints are ready, installation will begin. This is not a task that can be rushed, as this type of work is all done by hand and the perfect placement of vinyl takes time. From the time that the design is completed and approved by our Client, a wrap can be printed and installed within 10 days. In some cases, it can all be completed in 5 days, once the design is approved.
Vinyl Removal: All removals are quoted separately. Wrap removal can be very time-consuming and we charge by the square foot and by the hour for the labor. StrucknDesign, LLC cannot be held responsible for any paint damage or existing striping damage when we do a removal. Since we do not know the integrity of the existing paint job, or the condition of the painted clear coat, or the condition of any existing vinyl decals, we are not responsible. All removal Clients understand this to be accepted policy by contracting StrucknDesign, LLC to do a vinyl removal on any vehicle. StrucknDesign, LLC cannot be held liable if during the removal of the wrap, the clear coat is peeled back with the wrap. In some cases, if you have existing vinyl stripes under the wrap (such as an RV or a bus that have striping on the sides), we cannot be held liable if portions of the stripes get removed during the wrap removal. We only use industry standard glue removal products to remove any remaining glue once the vinyl has been lifted. Vehicle wraps should be replaced every 3 to 4 years. Most vinyl manufactures such as 3M and Avery recommend this to allow for clean removals. Leaving vinyl on a vehicle for too long is problematic. As soon as you see the vinyl beginning to crack, this is the sign that the wrap should be removed in that area and re-wrapped if needed.
Horizontal surfaces such as the roof and front hoods receive extreme sun and heat damage. In many cases, the sun will bake the vinyl into the paint on these horizontal surfaces if the vinyl remains on the vehicle for more than 4 years. Most vehicle wrap vinyl materials are guaranteed to remove cleanly from vertical surfaces for up to 4 years when applied onto original car paint. Vinyl that is cracked on the roof or on the front hood indicates sun and heat exposure damage to the original vinyl, and the heat has baked the vinyl into the vehicle’s painted surface. If this is the case, paint damage may occur with the removal of the vinyl from that area. Vinyl that is cracked like this will only peel off in small pieces when removed. When the vinyl has expired its term of clean removability, paint damage may be unavoidable and StrucknDesign, LLC will not be held liable for any paint damage that results from expired vinyl with prolonged exposure to the sun and heat.
Often when there is striping on the vehicle prior to a new vehicle wrap, the old vinyl has been weakened from years of sun exposure. The old striping adhesive can become weak, and in some areas the striping will come up as the wrap is removed. StrucknDesign, LLC is not responsible if old stripes come off during the removal of a wrap. When we wrap over existing vinyl stripes or letters, the new wrap is thin enough on top that there will be evidence that there is old vinyl underneath the new vinyl. StrucknDesign, LLC will not be held responsible in any way if the Client is not happy because existing graphics could not be removed using conventional methods of removal.
StrucknDesign, LLC does not use any steel or metal knives during the removal process. We use plastics that will not damage the vehicle’s surface. StrucknDesign, LLC does NOT engage in unconventional methods of vinyl graphics removal because it may damage the surface of the Client’s vehicle. Unconventional methods include cutting or scraping of the vehicle surface or the use of harsh chemicals that may damage the vehicle’s painted surface. In some extreme cases when the wrap has been on the vehicle for more than 4 years, the wrap may no longer be removable and the vehicle may need to go to a body shop to be sanded and repainted. If the vehicle requires a body shop, StrucknDesign, LLC will refer the Client to a body shop and the Client shall be responsible for paying the body shop.
We cannot be responsible for damage to paintwork when the vinyl is removed, and would not advise application of a wrap on a re-sprayed surface, or poor quality/rusted paintwork. Please note, our experience shows that removal of vinyl designed for vehicle wraps from good quality factory original paintwork will not damage the paintwork. However, it is the duty and responsibility of the owner of the vehicle to ensure suitability of the existing surface before it is wrapped. In the event that StrucknDesign, LLC is asked to remove pre-installed vinyl which was installed by a company other than StrucknDesign, LLC, StrucknDesign, LLC will make every effort to remove the existing vinyl, but will not be held responsible for any damage that may occur to the surface of the painted vehicle after removal. This is due to the fact that not all preinstalled vinyl is designed to be removed. In many cases pre-existing vinyl is non-removable.
Additional Charges:
A $60 fee will be added to the invoice for all vehicles that have not been recently washed (i.e., the vehicle must be clean, not waxed). This fee includes the labor cost of washing your vehicle by our certified installers. To avoid this charge, please wash your vehicle before your installation specialist arrives on-site.
Warranty on Labor and Materials:
StrucknDesign, LLC offers a one-year warranty on the installation, one-year on the material applied to the windows, two years on the cast laminated adhesive vinyl applied to vertical surface areas, and one year for calendared economy vinyl. There is no warrantee on horizontal direct sun exposure such as roofs and front hoods. Anything over 10 degree vertical to horizontal is considered horizontal. The wrap warranty will depend upon the customer’s care of the vehicle and the outdoor/geographic conditions. Vinyl that is cracking should be replaced immediately. We recommend hand washing only. Avoid high pressure power washing, and never use an ice scraper on window graphics. Also avoid harsh chemicals of any kind as they can deteriorate the laminate on the vinyl adhesive. Sweeping or brushing off the windows with a soft broom and the use of a rear defroster will not damage your window wrap. There are specially designed products to clean and polish vinyl graphics if needed. Please wait at least 3 weeks before washing your vehicle once applied.
Agreement:
This agreement constitutes the entire agreement between the parties and will supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. This agreement may not be varied other than in writing, executed by the duly authorized representatives of both parties. Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein, which may appear on the Client’s formal order, will not be binding on StrucknDesign, LLC. The Client acknowledges that the Client has read, understands, and hereby agrees and accepts the prices, fees, charges, use of images, specification and conditions stated herein and authorizes StrucknDesign, LLC to perform all work as specified. The Client acknowledges that he/she has also been presented with, has read, and understands the color matching criteria and has selected the appropriate method for the design. The Client understands that StrucknDesign, LLC cannot guarantee the quality of any artwork that is not set up by StrucknDesign, LLC.
By accepting our proposal and estimate for work to be performed and activating the job order, the Client agrees to the terms stated above.
Payment is due when invoices are received unless credit terms have been extended with credit references supplied. If payments for past orders are not received, we reserve the right to cancel future orders. After 30 days, unpaid invoices are Past Due. After 60 days, the account is marked delinquent and may be placed with our collection service. Balances unpaid after 60 days will be charged interest at the rate of 5% per month. Expenses incidental to collection, including: court costs, fees, expenses, and reasonable attorney(s) fees equal to 18% of the unpaid balance will also be charged to any account placed with our collection service. Clients shall identify to StrucknDesign, LLC in writing any dispute concerning an invoice within ten days of the date of the invoice. If disputes are not identified in writing, the Client has accepted the invoice. Clients must return to StrucknDesign, LLC any and all work in dispute, accompanied by written explanation. After investigation, errors on our behalf will either be corrected or credited to the Client’s account.
We cannot accept responsibility for consequential damages or loss of any kind resulting from the sale, installation, or delivery of our wrap products. It is the Client’s responsibility to read our FAQ (Frequently Asked Questions) document prior to contracting StrucknDesign, LLC to perform any vehicle wraps. All quotations are valid for 30 days.
Payment terms:
50% deposit with the order confirmation prior to printing, with the balance to be paid prior to collection or delivery of the vehicle. Once the work is performed and the Client takes possession of the vehicle, the Client must pay StrucknDesign, LLC the balance due for the vehicle wrap. The Client will be responsible for the payment of all work and designs performed by StrucknDesign, LLC on behalf of the Client. Any invoices not paid within 15 days of wrap completion are subject to a 5% per month fee, or part of month fee, added to the original invoice. Vehicles must be delivered to our location clean and free from grease and oil, and free from existing graphics. A cleaning charge of $80.00 may be applied if vehicles are not in a satisfactory clean condition.
Vehicles Storage Fee:
Vehicles or trailers left on StrucknDesign, LLC property will be charged a $25 per day storage fee. Fee will be assessed three days after job has been completed. Vehicle or trailer must be paid in full. Vehicle or trailers left over 30 days will be subject to a lien sale. All signs remain the property of StrucknDesign, LLC until paid for in full. Pending payment for goods supplied, the Client holds the goods as the property of StrucknDesign, LLC and the goods must be kept identified as belonging to StrucknDesign, LLC. In the event that the Client fails to make payment, the Client irrevocably authorizes StrucknDesign, LLC to remove the graphics supplied.
Delivery and Pickup:
While we would like you to arrange your own driver (using your preferred delivery method), we would be willing to either select our own delivery person or provide a dedicated delivery at the Client’s expense, plus overhead charge.
Returns:
If the Client has a concern with the job, the Client must contact StrucknDesign, LLC IN WRITING before proceeding with any charge backs or credit returns. StrucknDesign, LLC will be given 30 days opportunity to correct and resolve any disputes prior to any legal action or credit returns.
All banners and vehicle wraps are custom made projects that are not refundable.
If the Client has a concern with the job, the Client must contact StrucknDesign, LLC in writing before proceeding with any charge backs or credit returns or legal action. StrucknDesign, LLC will be given the opportunity to review the complaint and respond to the complaint.
After StrucknDesign, LLC has been given the chance to explain the concerns, the Client has the right to negotiate an agreement with StrucknDesign, LLC. If no agreement can be met, mediation is the first option prior to any Client claims.
As all jobs are custom products, StrucknDesign, LLC must be given the opportunity to reprint or reinstall any job, before the Client issues any credit card charge backs or returns.
In the event that the Client issues a credit card charge back or alleges he/she does not authorize the credit card transaction, the credit card company will issue an inquiry. When the credit company investigates the claim, and if the credit card company’s decision is made in favor of StrucknDesign, LLC, the Client will be held liable for all legal fees, professional research, and discovery time associated with StrucknDesign, LLC having to file an Inquiry / Retrieval Request to the credit card company. If a credit card dispute is decided in favor of StrucknDesign, LLC and if StrucknDesign, LLC suffers any loss of credit card business associated with a Client’s charge back request, the Client will be liable for all legal fees and any credit card business StrucknDesign, LLC is not able to process during this period of the dispute resolution.
In the event that the Client fails to make payment in full on the job invoice, the Client irrevocably authorizes StrucknDesign, LLC to remove the graphics supplied.
As this is custom artwork, once the job is printed, delivered, and/or installed, all contracts are final and no monetary refunds can be issued.
Estimates and Taxes:
Estimates are good faith estimates based on job specification information provided and current material costs. Pricing and schedule are subject to change upon receipt of artwork and approval of estimate. Pricing is good for 10 days from the date of the quote and does not include packaging or shipping charges unless specified. Estimates are contingent upon strikes, accidents, fire, availability of materials and all other causes beyond our control. StrucknDesign, LLC’s minimum order is $1.00, and we require a 50% deposit upon approval of estimate/order and 50% upon delivery, based on agreed terms unless otherwise negotiated upfront. The client order is subject to applicable state and local taxes unless we have a Government Sales Tax Use and Exemption form completely filled out denoting that said corporation is exempt from sales tax. Appropriate taxes will be applied to outstanding invoices until we receive this document.
Job Cancellation and Errors:
If the Client cancels the order before its completion, the Client shall be responsible for the cost of any proofs, artwork, materials, and work done until cancellation notice is received in writing. In addition, StrucknDesign, LLC reserves the right to charge a 15% cancellation fee in addition to the actual charges to cover unbilled internal costs including but not limited to scheduling, client communications, and resources utilized. StrucknDesign, LLC will gladly re-image any job that has problems due to an error on the part of StrucknDesign, LLC. This does not include software limitations or improper set-up of a job. StrucknDesign, LLC will not be held responsible for errors in work after final client sign-off or neglect of final sign-off. No claims will be honored after 24 hours of receipt of any completed and delivered work. Any verbal order will be accepted, but in the absence of any supportive documentation, StrucknDesign, LLC will not be responsible for any verbal mistakes. Everything must be in writing.
StrucknDesign, LLC will not accept responsibility for the inaccuracies in orders telephoned or faxed by the customer.
Limitation of Liability and Confidentiality:
StrucknDesign, LLC’ liability for materials submitted by Clients that are damaged, lost, or not returned to the Client is limited to the replacement of the unused material. Original artwork is left at the Client’s risk and is not subject to replacement. StrucknDesign, LLC will not assume liability for damaged or lost files; only the damaged or lost media will be replaced. StrucknDesign, LLC and the Client understand that during our business relationship, both parties may make known to the other, confidential information and business trade secrets. It is StrucknDesign, LLCs’ policy to treat such information as confidential and we expect the Client to do the same.
Project Start Time, Substrates and Installation:
The start time of any project does not begin until ALL support files and items related to completion of the job are in house, the Client approves the artwork, and the Client is accepted for credit and billing terms. StrucknDesign, LLC will consult with the Client to determine the substrate and process that will best suit the needs and conditions set forth in the scope of the project. Ultimately, the Client accepts full responsibility for determining if said purchased item will perform to their requirements on the substrate(s) to which they are applied. StrucknDesign, LLC cannot control weather conditions which may result in delays with installation. As such, additional labor and/or travel costs may be incurred which are to be paid by Client. We reserve the right to determine the point at which weather conditions become too adverse to continue work.
Trademarks and Copyrights:
Reproduction of copyrighted materials in any form without prior permission of the originator is illegal. It is the responsibility of the Client to obtain said permission. StrucknDesign, LLC is in no way responsible for obtaining permission and assumes that the Client has obtained permission before the work is submitted.
Design and Printing:
The design, name, mark, or other material in final form that is approved by the Client and selected for use will be the exclusive property of the Client upon final payment of all amounts due. All other design, names, marks, and other materials developed in the course of the project shall remain the property of StrucknDesign, LLC, as is customary in our industry. The Client’s ownership of legal rights in the final form of the selected item is exclusive to the extent provided by applicable national and international laws. Legal protection and appropriate registration of a design, name, mark, or other material developed by StrucknDesign, LLC is the responsibility of the Client. StrucknDesign, LLC will store artwork and a fee will be associated with any and all files that are stored to be used at a later date if kept over 1 year, upon the request of the Client.
All work undertaken is under the condition that a complete, high-resolution file is supplied, complete with a color proof, pantone references, and purchase order with the exact specification. Where artwork is supplied by the Client, it is the responsibility of the Client to ensure the artwork is in a “print ready” format. It is the responsibility of the Client’s designer to check the dimensions and layout of the actual vehicle(s).
When StrucknDesign, LLC receives original logos or art we will not modify the color or design, which could cause unacceptable errors. StrucknDesign, LLC will not be held responsible for any design layouts provided by the Client. All original art must come to StrucknDesign, LLC ready to print. There will be a design fee for any changes made to client-supplied art or layout. Design fee is $85.00 per hour. Where StrucknDesign, LLC provides the artwork, it is essential the Client fully checks the final proof with the actual vehicle to check for any variations (e.g. style of lights, positioning of number plates, number of doors, and other major or minor variations.)The accuracy of the templates provided has a margin of error of a few percentage points. It is recommended that designers design vehicle wraps with this in mind, avoiding the extreme edges of the wrap with vital information. Measurement of the vehicle is always recommended. See our artwork guide for more detailed advice and information.
It is the responsibility of the Client to provide or purchase quality, high resolution pictures for large format printing. StrucknDesign, LLC will not be held responsible for low resolution images provided by the Client for printing.
Paint is a smooth liquid spray application, whereas a vinyl wrap is printed onto a vinyl material using a high resolution large format inkjet printer. An inkjet printer print head passes over the vinyl 8 times to create a 1 inch area of coverage and will never print onto the vinyl with the same smooth characteristics of a smooth liquid sprayed paint job. Most car paints look completely smooth from 6 inches. An inkjet printed wrap viewed from 6 inches will show evidence that it has been printed using an ink jet printer. If viewed from the close proximity of 6 inches, banding may be seen. Banding describes the horizontal print passes that occur during the printing process. This is mostly apparent on solid colors with no effects or texture in the design. Since most wraps are designed to be viewed as a moving billboard for advertising purposes, this is not a major issue for most clients, and is considered an acceptable condition with vehicle wrap used for commercial advertising. Paint is also consistent in its color saturation. A car painted with a solid color will have smooth consistent color on the entire surface. When a car is wrapped with printed vinyl, the color may shift slightly between the 52 inch panels, and may shift slightly in certain areas when the installer has to heat the vinyl to make it conform to complex curves. This color shift on complex curves is mostly apparent when solid coverage colors are used in the wrap. Again, these conditions are typically accepted as a limitation of the vinyl wrapping process, and this is an acceptable condition for commercial vehicle advertising, where the advertising will be viewed on a moving vehicle from a standard viewable distance of 15 feet or more from the vehicle.
In the case where a third party design firm is involved on behalf of the Client, StrucknDesign, LLC will consult and advise the third party design firm as part of the StrucknDesign, LLC work order agreement, free of charge, as long as StrucknDesign, LLC performs the printing and installation. The Client will be responsible for all StrucknDesign, LLC consultation fees if the Client decides to take the project elsewhere for printing and installation.
Since StrucknDesign, LLC designs the majority of our wraps, StrucknDesign, LLC uses the original large format design files for the purpose of printing and installing the large format wraps we produce in house. StrucknDesign, LLC typically does not design a large format wrap project for another wrap company to print and install. StrucknDesign, LLC reserves the right to keep all original photo shop and illustrator files created for Large Format printing. These files include all original layered JPG and PSD files. For a separate design fee, StrucknDesign, LLC will provide design and printing for business cards, flyers and brochures. Once the StrucknDesign, LLC project is complete, the Client may choose to purchase the design files from StrucknDesign, LLC on a CD so they can use it on other print advertising.
Additional File Set-up/Design Charges and Color Matching:
If the Client’s files exceed the determined file set-up rate included in price of project, charges will be based on a rate of $75/hour with a $50 minimum and billed in 15 minute increments after the minimum is met. The Client will be notified of this charge prior to work being started and we require Client authorization before proceeding. If StrucknDesign, LLC is creating original artwork, design will be billed at a rate of $75/hour. Color matching charges are $75. Due to the nature of both screen and digital printing, we cannot match PMS colors exactly and give no guarantees to precise color matches. For the $75 charge, we will provide a press match swatch on the substrate chosen for the Client’s project, and once approved, print within 10% match to that swatch.
Use of Images and References to Completed Work:
StrucknDesign, LLC may, at its sole discretion, use images of completed work and/or refer to Client in StrucknDesign, LLCs’ portfolio and any other marketing materials, including but not limited to press releases, brochures, flyers, signs, and vendor marketing materials promoting StrucknDesign, LLC and its services.
Additional Terms, Conditions and Warranty Disclaimer:
Installations: Graphics and alignment as applied to vehicles may not be precisely matched to the digital images (“proofs”) produced for Client’s review. Graphics applied to vehicles are intended to be viewed from a distance of at least 15 feet and StrucknDesign, LLC produces each vehicle graphic with the detail and quality appropriate for viewing from such distance. StrucknDesign, LLC only guarantees final prints designed and set-up by StrucknDesign, LLC for print. StrucknDesign, LLC voids warranty on express rush same day printing and lamination wherein installation schedule prohibits proper 24 hour print curing. StrucknDesign, LLC expressly disclaims all warranties regarding paint jobs on non-standard OEM cars and trucks. StrucknDesign, LLC expressly disclaims all warranties on buses, planes, trains, RVs, custom vehicles and vehicles with OEM paint that is more than 6 years old. If we are asked to cover existing vinyl decals, we cannot be liable for any damage caused to these decals during the installation or removal process.
Although we try to make the wrap look like a paint job, it is NOT paint. There may be extreme curves and bumps such as rivets and deep channel curves and moldings on the vehicle that the vinyl will not be able to conform to. In some small areas you will see evidence of the original color of the vehicle below the wrap. These may be small areas such as around door handles and the edges of the lights on the vehicles. A vehicle wrap is made by applying 52 inch vertical panels of vinyl. There will be 1 inch seams where the panels meet. On a complex design with many matching points, StrucknDesign, LLC cannot guarantee that the graphics will match 100% alignment due to extreme complex curves on the vehicle. A 5% margin is considered acceptable on large outdoor advertising projects.
Proofs are created on a flat surface and viewed at a relatively tiny size on computer screens and 8 inch printed paper. In cases of curves, handles, deep grooves, rubber moldings/trim, on-the-spot adjustments may be made by the installer to assure maximum readability or alignment. In many cases there are slight differences between the printed flat paper proof and the 3 dimensional curved vehicle wrap. Due to the fact that a two dimensional print is being applied to a three dimensional vehicle, and due to the minor variances in the accuracy of the templates, the positioning of a vehicle wrap can vary from the proof by several inches throughout the entire length of a vehicle wrap. This is normal and wraps need to be designed with this in mind.
It is not reasonable to expect an inkjet-printed vinyl wrap to cover and look exactly like paint, or to look exactly the same in all places. A piece of vinyl has limits and can only stretch so much before it changes color. In some cases, a relief cut has to be made in the vinyl that will reveal a small amount of the vehicle’s original paint color underneath. In some cases, the only option is to install a patch in order to conceal a vehicle’s original color. Areas under door handles, mirrors, behind gas caps, and inside door frames will not be wrapped. If we wrap extremely curved surfaces such as mirrors and bumpers, they may reveal the original paint color at the tight edges of the wrap. This is due to material limitations rather than install quality. If we are installing at the Client’s nominated location, suitable conditions must exist. Vehicles need to be indoors in a clean, dust-free temperature-controlled environment, with a power supply and good quality lighting, and with a minimum of 5 feet working space around the entire vehicle. If in the opinion of the senior installer on site, conditions are not suitable for the high-quality install of the wrap / graphics, the vehicle will be required to go to one of our nominated install locations.
Wraps are self-adhesive vinyl that will only adhere well to catalyzed vehicle paint and glass. Poor surface paint or clear coats will not allow the vinyl adhesive to stick properly and the adhesive may fail. It is the responsibility of the vehicle owner to bring in a vehicle that is ready to be wrapped. Extreme curves and deep pockets may exceed the limits of how far the material can stretch. Again, this is not paint, it is a special pressure sensitive vinyl material. Vehicles are not at exact right-angle curves, they maintain lines that are not 100% parallel to the ground. Due to this fact, the graphics that are 2D printed graphics will not be at the same exact angle of the vehicle lines once the wrap is installed onto the 3D vehicle surface. Due to the limitations and the sensitivity of the various substrates, it is impossible to reproduce all colors accurately. Therefore, in the absence of a representative from your company to select the appropriate color sample, reproduction will be at our discretion. When we wrap over existing vinyl strips or letters, the new wrap is thin enough on top that there will be evidence that there is old vinyl underneath the new vinyl. StrucknDesign, LLC cannot be held responsible for any damage void of vehicle warrantee or anything caused through the application of the vinyl products. StrucknDesign, LLC is not liable if during the installation of a wrap the clear coat of the car begins to peel off. Original painted vehicles will not have any problems with the clear coat peeling off.
The application process in many cases takes no longer than a day or two for full wraps, and within one day for partial. The installation process should not be rushed, therefore StrucknDesign, LLC reserves the right to take an additional day for issues such as transportation and weather conditions. It is illegal to cover the front driver side glass. In some cases, the police may also stop you for covering the passenger side glass. Police need to be able to see into a vehicle. In some cases, the Client may insist that the passenger side is wrapped in the design, and StrucknDesign, LLC will wrap it with the disclaimer stating that the Client is responsible for any issues regarding the coverage of the front windows.
The wrap material that is used for vehicle wraps does not stick very well to plastic or rubber parts, such as window trim, side plastic moldings, and plastic door handles. It is advised that these areas NOT be wrapped with adhesive vinyl. Initially the vinyl will stick, but over a short period of time such as a few months, the vinyl will fall off these areas.
In most cases of vinyl lifting, if it is a materials problem the lifting will present itself in the first few weeks after the initial installation. In most cases it is advised that the vehicle wrap be fixed so that the vinyl does not continue to peel back and become contaminated. It is not uncommon to see small areas of the wrap lifting soon after the installation is complete. Several factors can affect the vinyl’s adhesives ability to stick to the vehicle surface, including the following:– If the surface is not prepared properly before the wrap– Extreme temperatures (very hot or very cold)– Extreme humidity in the air during installation– Dust in the air during installation
StrucknDesign, LLC prefers to use our facility for installation. If the Client elects to have installation performed at a non-StrucknDesign, LLC location, StrucknDesign, LLC will not be held liable for any issues related to improper install conditions such as temperature or dust.
Full wraps DO NOT automatically include the roof wrap. The additional cost of labor and materials to wrap a roof can range from $150.00 for a small car, up to $400.00 for a cargo van roof wrap. Most clients do not wrap the roof of their vehicles. Printing takes time, and ink must be dry before prints can be laminated. Once prints are ready, installation will begin. This is not a task that can be rushed, as this type of work is all done by hand and the perfect placement of vinyl takes time. From the time that the design is completed and approved by our Client, a wrap can be printed and installed within 10 days. In some cases, it can all be completed in 5 days, once the design is approved.
Vinyl Removal: All removals are quoted separately. Wrap removal can be very time-consuming and we charge by the square foot and by the hour for the labor. StrucknDesign, LLC cannot be held responsible for any paint damage or existing striping damage when we do a removal. Since we do not know the integrity of the existing paint job, or the condition of the painted clear coat, or the condition of any existing vinyl decals, we are not responsible. All removal Clients understand this to be accepted policy by contracting StrucknDesign, LLC to do a vinyl removal on any vehicle. StrucknDesign, LLC cannot be held liable if during the removal of the wrap, the clear coat is peeled back with the wrap. In some cases, if you have existing vinyl stripes under the wrap (such as an RV or a bus that have striping on the sides), we cannot be held liable if portions of the stripes get removed during the wrap removal. We only use industry standard glue removal products to remove any remaining glue once the vinyl has been lifted. Vehicle wraps should be replaced every 3 to 4 years. Most vinyl manufactures such as 3M and Avery recommend this to allow for clean removals. Leaving vinyl on a vehicle for too long is problematic. As soon as you see the vinyl beginning to crack, this is the sign that the wrap should be removed in that area and re-wrapped if needed.
Horizontal surfaces such as the roof and front hoods receive extreme sun and heat damage. In many cases, the sun will bake the vinyl into the paint on these horizontal surfaces if the vinyl remains on the vehicle for more than 4 years. Most vehicle wrap vinyl materials are guaranteed to remove cleanly from vertical surfaces for up to 4 years when applied onto original car paint. Vinyl that is cracked on the roof or on the front hood indicates sun and heat exposure damage to the original vinyl, and the heat has baked the vinyl into the vehicle’s painted surface. If this is the case, paint damage may occur with the removal of the vinyl from that area. Vinyl that is cracked like this will only peel off in small pieces when removed. When the vinyl has expired its term of clean removability, paint damage may be unavoidable and StrucknDesign, LLC will not be held liable for any paint damage that results from expired vinyl with prolonged exposure to the sun and heat.
Often when there is striping on the vehicle prior to a new vehicle wrap, the old vinyl has been weakened from years of sun exposure. The old striping adhesive can become weak, and in some areas the striping will come up as the wrap is removed. StrucknDesign, LLC is not responsible if old stripes come off during the removal of a wrap. When we wrap over existing vinyl stripes or letters, the new wrap is thin enough on top that there will be evidence that there is old vinyl underneath the new vinyl. StrucknDesign, LLC will not be held responsible in any way if the Client is not happy because existing graphics could not be removed using conventional methods of removal.
StrucknDesign, LLC does not use any steel or metal knives during the removal process. We use plastics that will not damage the vehicle’s surface. StrucknDesign, LLC does NOT engage in unconventional methods of vinyl graphics removal because it may damage the surface of the Client’s vehicle. Unconventional methods include cutting or scraping of the vehicle surface or the use of harsh chemicals that may damage the vehicle’s painted surface. In some extreme cases when the wrap has been on the vehicle for more than 4 years, the wrap may no longer be removable and the vehicle may need to go to a body shop to be sanded and repainted. If the vehicle requires a body shop, StrucknDesign, LLC will refer the Client to a body shop and the Client shall be responsible for paying the body shop.
We cannot be responsible for damage to paintwork when the vinyl is removed, and would not advise application of a wrap on a re-sprayed surface, or poor quality/rusted paintwork. Please note, our experience shows that removal of vinyl designed for vehicle wraps from good quality factory original paintwork will not damage the paintwork. However, it is the duty and responsibility of the owner of the vehicle to ensure suitability of the existing surface before it is wrapped. In the event that StrucknDesign, LLC is asked to remove pre-installed vinyl which was installed by a company other than StrucknDesign, LLC, StrucknDesign, LLC will make every effort to remove the existing vinyl, but will not be held responsible for any damage that may occur to the surface of the painted vehicle after removal. This is due to the fact that not all preinstalled vinyl is designed to be removed. In many cases pre-existing vinyl is non-removable.
Additional Charges:
A $60 fee will be added to the invoice for all vehicles that have not been recently washed (i.e., the vehicle must be clean, not waxed). This fee includes the labor cost of washing your vehicle by our certified installers. To avoid this charge, please wash your vehicle before your installation specialist arrives on-site.
Warranty on Labor and Materials:
StrucknDesign, LLC offers a one-year warranty on the installation, one-year on the material applied to the windows, two years on the cast laminated adhesive vinyl applied to vertical surface areas, and one year for calendared economy vinyl. There is no warrantee on horizontal direct sun exposure such as roofs and front hoods. Anything over 10 degree vertical to horizontal is considered horizontal. The wrap warranty will depend upon the customer’s care of the vehicle and the outdoor/geographic conditions. Vinyl that is cracking should be replaced immediately. We recommend hand washing only. Avoid high pressure power washing, and never use an ice scraper on window graphics. Also avoid harsh chemicals of any kind as they can deteriorate the laminate on the vinyl adhesive. Sweeping or brushing off the windows with a soft broom and the use of a rear defroster will not damage your window wrap. There are specially designed products to clean and polish vinyl graphics if needed. Please wait at least 3 weeks before washing your vehicle once applied.
Agreement:
This agreement constitutes the entire agreement between the parties and will supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. This agreement may not be varied other than in writing, executed by the duly authorized representatives of both parties. Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein, which may appear on the Client’s formal order, will not be binding on StrucknDesign, LLC. The Client acknowledges that the Client has read, understands, and hereby agrees and accepts the prices, fees, charges, use of images, specification and conditions stated herein and authorizes StrucknDesign, LLC to perform all work as specified. The Client acknowledges that he/she has also been presented with, has read, and understands the color matching criteria and has selected the appropriate method for the design. The Client understands that StrucknDesign, LLC cannot guarantee the quality of any artwork that is not set up by StrucknDesign, LLC.
By accepting our proposal and estimate for work to be performed and activating the job order, the Client agrees to the terms stated above.
Additional Terms Regarding to Embroidery and Printing on Fabric or other apparel
Definitions
The following definitions are used in and form part of these terms and conditions of trading. In these terms and conditions:
"The Supplier" shall mean StrucknDesign, LLC, it's owner and all persons connected with StrucknDesign, LLC for the purposes of trading.
"Goods" and/or "Services" shall mean garments and other items supplied, whether embroidered, printed or not, by the supplier, to any third party, and shall include but not be limited to embroidery and print-only services of items which are the property of any third party. “The Supplier” and “StrucknDesign, LLC” are interchangeable.
"The Customer" or “Client” shall mean any third party to whom goods and services are supplied, have been supplied or are to be supplied.
"Inquiry" or "Inquiries" shall mean any request for information from a third party to the supplier, whether or not that request results in an order.
"The Order" or “An Order” shall mean confirmed requests for goods and services from a customer, for which, by placing the order, the customer has agreed to pay in full, within the time or times specified by the supplier.
"Artwork" shall mean any image supplied by any third party to the supplier by physical or electronic means, from which the supplier is required to produce a stitch file.
"Stitch File" shall mean a computer file produced using embroidery software, containing the electronic information necessary to produce an embroidery product.
“Delivery” and “Collection” shall mean the time at which the Customer takes possession of Goods or Services and these words may be interchangeable in these Terms. They need not necessarily be taken to mean specifically an act in which goods or services are dispatched by post or other courier nor an act by which a customer visits the supplier’s premises.
“In Writing” shall mean any non-verbal communication written by hand, typewritten onto paper or transmitted by electronic and/or digital means.
“The Supplier Will/Shall Not Be Liable” shall mean that, to the fullest extent permitted at law the Supplier will not be liable for damages of any kind. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties.
Goods and Services
Supply of decorated goods. The supplier shall, at his absolute discretion, obtain garments and other textiles which he will machine embroider, print and supply in accordance with orders placed by customers and clients, subject to the substitution clause in these terms.
Embroidery and print only services. The supplier shall, at his absolute discretion, supply machine embroidery and print services to customers and clients who provide their own garments and other textiles for embroidery.
Unembroidered or unprinted goods. The supplier shall, at his absolute discretion, obtain and supply goods without embroidery and in accordance with Orders placed by customers and clients, subject to the substitution clause in these terms.
Quality of supplied goods. The supplier endeavors to supply only goods from established and reputable sources, unless otherwise specified by the customer.
Customers’ own goods. Customers supply goods for embroidery and print entirely at their own risk. The Supplier Will Not Be Liable for damages arising out of or in connection with the use of StrucknDesign, LLC.
Substitution. StrucknDesign, LLC does not normally carry stock; items are obtained to order. All items obtained by the supplier on behalf of the customer are subject to availability. The supplier reserves the right to substitute garments when those ordered are unavailable. Prices will be agreed between the supplier and the customer before any substitutions are made.
Delivery Times. The supplier completes all orders as soon as possible but Customers should allow up to 14 days for delivery from the date of acceptance of an order by the supplier. Any likelihood of over running that period will be notified to the customer at the earliest possible time.
Special Deadlines. The Supplier will endeavor to meet any special deadlines the Customer may have, but will not accept any deadlines which may prove detrimental to pre-existing customers.
Ownership, Copyright and Acknowledgment of Artwork
Not withstanding and regardless of artwork, the ownership and copyright of all digitized designs and artworks provided by the supplier is asserted and remains with the owner and proprietor of StrucknDesign, LLC.
The responsibility for ensuring that copyright and ownership laws are maintained in respect of all artwork supplied by the customer for inclusion in an order remains with the customer. To the fullest extent permitted at law the supplier shall not be liable for claims arising from the misuse or breach of copyright and/or ownership of artwork.
The customer agrees to allow the supplier to use images of any and all finished products and embroidery patterns and designs for the purposes of advertising and marketing the supplier's business. This shall include, but not be limited to publication of such images on the supplier’s website.
From time to time, the supplier may wish to exhibit garments and/or other textiles bearing logos and/or designs owned by a Customer for the purpose of promoting the supplier’s business.
Orders and Ordering
The customer may make an order for goods from the supplier by electronic mail, postal or in person. The supplier will issue a confirmation of order. From the time an order is accepted, the customer is considered to have entered into a contract with the supplier, which is binding upon both parties.
The customer shall check the confirmation of order and notify the supplier of any errors or discrepancies at the earliest available opportunity. The supplier will not be liable where the customer has not, within a reasonable time, notified the supplier of errors or discrepancies in the confirmation.
The customer shall supply to the supplier all required artwork in either physical or electronic form at or before the time of the order.
Where artwork is supplied by post or other courier either on, compact discs, flash drives, memory sticks or any other electronic or digital storage device, or in physical form, items are submitted entirely at the customer's own risk. No responsibility can be accepted by the supplier for loss or damage to such items, howsoever caused. Additionally, the supplier shall not be liable for damages arising from the loss or damage to any item supplied either by post or other courier or by electronic mail.
The customer is responsible for ensuring the accuracy of the order. By placing an order for goods and services the customer shall be deemed to have accepted and agreed to be legally bound by these terms and conditions.
Acceptance of Orders
The supplier will normally accept orders for goods and services subject to the exclusions listed later in these terms and conditions.
Exclusions
The Supplier reserves the right to refuse to accept any order which contains, in the supplier's opinion:
a. Pornography of any description, either textual or graphic, even if it would otherwise be considered "soft".
b. Material which is racist, sexist, ageist or inflammatory in any other way.
c. Offensive, defamatory or libelous material.
d. Material of a nature which may encourage, support or promote any illegal or banned organization.
e. Material of a nature which may encourage, support or promote any contraband or any other illegal or banned substance, item or activity.
f. Material which may encourage, support or promote political change in any area of the world, other than by the accepted legal processes of that country.
g. Material which may encourage, support or promote civil or military unrest in any area of the world.
h. Material which may encourage, support or promote cruelty of any nature, either to humans or to any animal.
This list may not be exclusive and the final decision on whether or not to accept artwork lies solely and absolutely with the supplier. The supplier reserves the right to refuse to accept any order on any grounds whatsoever without assigning a reason.
Foundation of Contract and Specifications.
No contract will subsist between the supplier and customer for the sale of any goods unless and until the supplier accepts the order by e-mail, telephone, letter or other means.
Whilst the supplier makes every effort to ensure that any and all goods descriptions and illustrations supplied by him are accurate and current, the supplier is dependent upon the requirements of each individual customer. completed goods may therefore differ slightly from advertised descriptions.
The supplier cannot guarantee product availability. Should goods ordered be temporarily unavailable the customer shall be notified of the delay in delivery and given the option to cancel the order. If the customer does not cancel the order, the customer shall be deemed to have accepted the new delivery date.
By placing an order for goods and/or services from the supplier, the Customer acknowledges that he, she or they have read fully and understood these terms and conditions and is entering into a contract based upon these terms and conditions by which he, she or they agree to be legally bound.
13. Warranties and Liability.
The guarantee is not relevant and does not exist where the customer has supplied their own garment(s) or other Substrate(s). (See below regarding customer supplied garments.)
The supplier will not be liable for damages arising out of or in connection with the use of StrucknDesign, LLC.
Sizing information provided by garment manufacturers is beyond the control of StrucknDesign, LLC and StrucknDesign, LLC shall not be liable for the fitting of garments which are supplied correctly and in accordance with the sizes specified by the Customer in their order. StrucknDesign, LLC does not provide sizing advice.
The customer accepts that due to the dyeing process they may see a shade difference between products of the same color.
The customer accepts that due to production tolerances we cannot guarantee exact design positioning or replication of each design
Print and thread colors are not guaranteed to match customers supplied artwork. Always order a pre-production sample if in doubt.
For the avoidance of doubt, where goods are sold under a consumer transaction the statutory rights of the customer are not affected by these Terms and Conditions.
What cannot be returned
We accept customer supplied garments and items for embroidery and on a case-by-case basis for screen printing.
All items must be: clean
we are not responsible for sewing results on customer supplied .DST files
Although our spoilage is super low: machines error, seams tear, etc.
In the case of a machine/mechanical error, we can not replace customer supplied apparel.
If we royally screw it up (put it on upside down or spill something on it), we can replace the garment with a similar product we carry, or issue a refund with a purchase receipt.
Without a receipt, we just can’t refund it. sorry. We’ve scored $80 banana republic sweaters from the thrift shoppe with tags on them still too. ;)
Want your niece’s birth date printed on your mom’s vintage baby blanket for a sick baby shower gift? we’ll do what we can! don’t be afraid to ask. just know that not everything is possible.
We only take items for screen printing on a case by base basis. If you’re bringing in items to be printed, it’s best if they’re new. If you have to print on something that’s been worn (we see you, vintage lovers!) bring it in washed but don’t use fabric softener, ya hear?
We allow 3-5% for misprints for each color so if you need exactly 100 one color shirts, bring in at least 105 shirts. If you need exactly 100 three colored shirts, bring in 115.
General.
If any provision of these terms and conditions is declared by any judicial or any other competent authority to be void, void able, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these terms and conditions shall otherwise remain in full force and effect and enforceable.
These terms and conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
No waiver by the supplier of any breach of these terms and conditions by the customer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
The acceptance and fulfillment of orders are on the basis that the customer has read, understood and accepted all these terms and conditions.
The following definitions are used in and form part of these terms and conditions of trading. In these terms and conditions:
"The Supplier" shall mean StrucknDesign, LLC, it's owner and all persons connected with StrucknDesign, LLC for the purposes of trading.
"Goods" and/or "Services" shall mean garments and other items supplied, whether embroidered, printed or not, by the supplier, to any third party, and shall include but not be limited to embroidery and print-only services of items which are the property of any third party. “The Supplier” and “StrucknDesign, LLC” are interchangeable.
"The Customer" or “Client” shall mean any third party to whom goods and services are supplied, have been supplied or are to be supplied.
"Inquiry" or "Inquiries" shall mean any request for information from a third party to the supplier, whether or not that request results in an order.
"The Order" or “An Order” shall mean confirmed requests for goods and services from a customer, for which, by placing the order, the customer has agreed to pay in full, within the time or times specified by the supplier.
"Artwork" shall mean any image supplied by any third party to the supplier by physical or electronic means, from which the supplier is required to produce a stitch file.
"Stitch File" shall mean a computer file produced using embroidery software, containing the electronic information necessary to produce an embroidery product.
“Delivery” and “Collection” shall mean the time at which the Customer takes possession of Goods or Services and these words may be interchangeable in these Terms. They need not necessarily be taken to mean specifically an act in which goods or services are dispatched by post or other courier nor an act by which a customer visits the supplier’s premises.
“In Writing” shall mean any non-verbal communication written by hand, typewritten onto paper or transmitted by electronic and/or digital means.
“The Supplier Will/Shall Not Be Liable” shall mean that, to the fullest extent permitted at law the Supplier will not be liable for damages of any kind. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties.
Goods and Services
Supply of decorated goods. The supplier shall, at his absolute discretion, obtain garments and other textiles which he will machine embroider, print and supply in accordance with orders placed by customers and clients, subject to the substitution clause in these terms.
Embroidery and print only services. The supplier shall, at his absolute discretion, supply machine embroidery and print services to customers and clients who provide their own garments and other textiles for embroidery.
Unembroidered or unprinted goods. The supplier shall, at his absolute discretion, obtain and supply goods without embroidery and in accordance with Orders placed by customers and clients, subject to the substitution clause in these terms.
Quality of supplied goods. The supplier endeavors to supply only goods from established and reputable sources, unless otherwise specified by the customer.
Customers’ own goods. Customers supply goods for embroidery and print entirely at their own risk. The Supplier Will Not Be Liable for damages arising out of or in connection with the use of StrucknDesign, LLC.
Substitution. StrucknDesign, LLC does not normally carry stock; items are obtained to order. All items obtained by the supplier on behalf of the customer are subject to availability. The supplier reserves the right to substitute garments when those ordered are unavailable. Prices will be agreed between the supplier and the customer before any substitutions are made.
Delivery Times. The supplier completes all orders as soon as possible but Customers should allow up to 14 days for delivery from the date of acceptance of an order by the supplier. Any likelihood of over running that period will be notified to the customer at the earliest possible time.
Special Deadlines. The Supplier will endeavor to meet any special deadlines the Customer may have, but will not accept any deadlines which may prove detrimental to pre-existing customers.
Ownership, Copyright and Acknowledgment of Artwork
Not withstanding and regardless of artwork, the ownership and copyright of all digitized designs and artworks provided by the supplier is asserted and remains with the owner and proprietor of StrucknDesign, LLC.
The responsibility for ensuring that copyright and ownership laws are maintained in respect of all artwork supplied by the customer for inclusion in an order remains with the customer. To the fullest extent permitted at law the supplier shall not be liable for claims arising from the misuse or breach of copyright and/or ownership of artwork.
The customer agrees to allow the supplier to use images of any and all finished products and embroidery patterns and designs for the purposes of advertising and marketing the supplier's business. This shall include, but not be limited to publication of such images on the supplier’s website.
From time to time, the supplier may wish to exhibit garments and/or other textiles bearing logos and/or designs owned by a Customer for the purpose of promoting the supplier’s business.
Orders and Ordering
The customer may make an order for goods from the supplier by electronic mail, postal or in person. The supplier will issue a confirmation of order. From the time an order is accepted, the customer is considered to have entered into a contract with the supplier, which is binding upon both parties.
The customer shall check the confirmation of order and notify the supplier of any errors or discrepancies at the earliest available opportunity. The supplier will not be liable where the customer has not, within a reasonable time, notified the supplier of errors or discrepancies in the confirmation.
The customer shall supply to the supplier all required artwork in either physical or electronic form at or before the time of the order.
Where artwork is supplied by post or other courier either on, compact discs, flash drives, memory sticks or any other electronic or digital storage device, or in physical form, items are submitted entirely at the customer's own risk. No responsibility can be accepted by the supplier for loss or damage to such items, howsoever caused. Additionally, the supplier shall not be liable for damages arising from the loss or damage to any item supplied either by post or other courier or by electronic mail.
The customer is responsible for ensuring the accuracy of the order. By placing an order for goods and services the customer shall be deemed to have accepted and agreed to be legally bound by these terms and conditions.
Acceptance of Orders
The supplier will normally accept orders for goods and services subject to the exclusions listed later in these terms and conditions.
Exclusions
The Supplier reserves the right to refuse to accept any order which contains, in the supplier's opinion:
a. Pornography of any description, either textual or graphic, even if it would otherwise be considered "soft".
b. Material which is racist, sexist, ageist or inflammatory in any other way.
c. Offensive, defamatory or libelous material.
d. Material of a nature which may encourage, support or promote any illegal or banned organization.
e. Material of a nature which may encourage, support or promote any contraband or any other illegal or banned substance, item or activity.
f. Material which may encourage, support or promote political change in any area of the world, other than by the accepted legal processes of that country.
g. Material which may encourage, support or promote civil or military unrest in any area of the world.
h. Material which may encourage, support or promote cruelty of any nature, either to humans or to any animal.
This list may not be exclusive and the final decision on whether or not to accept artwork lies solely and absolutely with the supplier. The supplier reserves the right to refuse to accept any order on any grounds whatsoever without assigning a reason.
Foundation of Contract and Specifications.
No contract will subsist between the supplier and customer for the sale of any goods unless and until the supplier accepts the order by e-mail, telephone, letter or other means.
Whilst the supplier makes every effort to ensure that any and all goods descriptions and illustrations supplied by him are accurate and current, the supplier is dependent upon the requirements of each individual customer. completed goods may therefore differ slightly from advertised descriptions.
The supplier cannot guarantee product availability. Should goods ordered be temporarily unavailable the customer shall be notified of the delay in delivery and given the option to cancel the order. If the customer does not cancel the order, the customer shall be deemed to have accepted the new delivery date.
By placing an order for goods and/or services from the supplier, the Customer acknowledges that he, she or they have read fully and understood these terms and conditions and is entering into a contract based upon these terms and conditions by which he, she or they agree to be legally bound.
13. Warranties and Liability.
The guarantee is not relevant and does not exist where the customer has supplied their own garment(s) or other Substrate(s). (See below regarding customer supplied garments.)
The supplier will not be liable for damages arising out of or in connection with the use of StrucknDesign, LLC.
Sizing information provided by garment manufacturers is beyond the control of StrucknDesign, LLC and StrucknDesign, LLC shall not be liable for the fitting of garments which are supplied correctly and in accordance with the sizes specified by the Customer in their order. StrucknDesign, LLC does not provide sizing advice.
The customer accepts that due to the dyeing process they may see a shade difference between products of the same color.
The customer accepts that due to production tolerances we cannot guarantee exact design positioning or replication of each design
Print and thread colors are not guaranteed to match customers supplied artwork. Always order a pre-production sample if in doubt.
For the avoidance of doubt, where goods are sold under a consumer transaction the statutory rights of the customer are not affected by these Terms and Conditions.
What cannot be returned
- Garments that have been embroidered or printed.
- Garments with sizing or color issues. If you are unsure of your size then please order blank samples first.
- There is no cash alternative for returned items. We will repair or replace the items like for like.
- There is no option to change the product, color or size
We accept customer supplied garments and items for embroidery and on a case-by-case basis for screen printing.
All items must be: clean
we are not responsible for sewing results on customer supplied .DST files
Although our spoilage is super low: machines error, seams tear, etc.
In the case of a machine/mechanical error, we can not replace customer supplied apparel.
If we royally screw it up (put it on upside down or spill something on it), we can replace the garment with a similar product we carry, or issue a refund with a purchase receipt.
Without a receipt, we just can’t refund it. sorry. We’ve scored $80 banana republic sweaters from the thrift shoppe with tags on them still too. ;)
Want your niece’s birth date printed on your mom’s vintage baby blanket for a sick baby shower gift? we’ll do what we can! don’t be afraid to ask. just know that not everything is possible.
We only take items for screen printing on a case by base basis. If you’re bringing in items to be printed, it’s best if they’re new. If you have to print on something that’s been worn (we see you, vintage lovers!) bring it in washed but don’t use fabric softener, ya hear?
We allow 3-5% for misprints for each color so if you need exactly 100 one color shirts, bring in at least 105 shirts. If you need exactly 100 three colored shirts, bring in 115.
General.
If any provision of these terms and conditions is declared by any judicial or any other competent authority to be void, void able, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these terms and conditions shall otherwise remain in full force and effect and enforceable.
These terms and conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
No waiver by the supplier of any breach of these terms and conditions by the customer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
The acceptance and fulfillment of orders are on the basis that the customer has read, understood and accepted all these terms and conditions.