Terms and Conditions of Sale
1. Quotations - Prices obtained from are subject to change from time to time without notice.
2. Order Cancellation – No order may be canceled after acceptance except upon terms that will compensate Bird's Printing & Digital Copies for work completed at our standard hourly rates. All cancelled orders are subject to a minimum cancellation fee of $35.00.
3. Returns for Credit – Because each order produced is a custom job, no order may be returned for credit under any circumstance.
4. Satisfaction Guaranty – birdscopies.com at its sole option will repair or reprint any order that contains abnormal imperfections or fails to provide a reasonable representation to the approved color proof. Bird's Printing & Digital Copies at its sole option may elect to provide, in lieu of repair or reprinting of an order a prorated credit for the damaged portion of an order. Claims for defects must be made within ten (10) days of delivery in writing. The customer must receive a written authorization to return a defective order or portion in advance of return. Defective orders must be returned within thirty (30) days after delivery. birdscopies.com liability for defective orders is limited to the price of the order exclusive of any shipping or postage charges.
5. Production Schedules and Turnaround Times – Delivery schedules, turnaround times and other similar terms used by Bird's Printing & Digital Copies, its employees or representatives merely reflect the average completion times of similar orders. Bird's Printing & Digital Copies shall not be bound by such schedules unless otherwise agreed to in writing for an additional cost under our express print program. Bird's Printing & Digital Copies sole liability in the event of a failure by Bird's Printing & Digital Copies shall be limited to a refund of the fee paid by the customer for the express print fee.
6. Customer Disks & Supplied Digital Information – All prices and quotations provided by Bird's Printing & Digital Copies assume the customer provides properly prepared files following Bird's Printing & Digital Copies written guidelines. The customer accepts all responsibility for supplied files that fail to output properly, contain errors or provide an unacceptable result.
7. Customer Changes – Any changes requested by the customer will represent work performed in addition to the original order and will be billed at our current rates. The minimum charge for customer changes is $30. The customer must approve the cost of these changes in writing prior to beginning the work necessary to perform the changes. Customer changes will delay the completion and delivery of your order. Change charges will be billed to the customer’s credit card used on the order or added to C.O.D. charges on the final shipment.
8. Proofs – A proof will be submitted to the customer prior to printing each job on an as requested basis. Corrections to be made must be marked on both the proof and the supplied proof sheet. The proof sheet must be fully completed and signed by the customer and be returned to Bird's Printing & Digital Copies along with the supplied proof. If an electronic PDF proof is sent, the customer must indicate approval or disapproval in writing to Bird's Printing & Digital Copies. Delay in completing and returning your proof will delay completion of your order. Bird's Printing & Digital Copies shall assume no liability for errors if the customer waives receiving a proof or fails to note changes or corrections on the returned proof and proof sheet.
10. Color Matching – A reasonable color variation between the approved proof and final printed product is unavoidable, expected and shall constitute an acceptable delivery. Bird's Printing & Digital Copies will make every effort to produce a reasonable representation based on materials supplied by the customer. However, Bird's Printing & Digital Copies does not guarantee color matching.
11. Trim Margin – The customer understands and agrees to provide at least a 3/16” (preferably 1/8") trim margin from the outside edge of the document to the printed elements. Bird's Printing & Digital Copies shall accept no liability for elements that may be lost during trimming when the customer’s materials fail to provide the required 3/16” margin.
12. Shortages – Shortages not to exceed 10% of the quantity ordered shall constitute an acceptable delivery. In the event of a shortage not exceeding 10% of the ordered amount, Bird's Printing & Digital Copies may at its sole option issue a pro-rated credit for the amount shorted in lieu of reprinting the shorted amount.
13. Shipping – Unless otherwise stated, the price quoted is for a single shipment without storage. Bird's Printing & Digital Copies will deliver finished work to the designated commercial carrier, at which time title to the finished work shall pass to the customer. The customer is responsible for paying the shipping costs.
14. Mail Services - The customer understands that all quotations for mail services are for a single mailing without storage unless otherwise agreed to in writing. Payment for postage will be made to the U.S. Postmaster via check. The customer’s failure to submit certified funds payable to the U.S. Postmaster and received at birdscopies.com in advance of the mail date will delay the mailing.
15. Customer Furnished Materials - Camera-ready artwork, photos, digital files and other furnished items will be supplied to Bird's Printing & Digital Copies specifications. Delays and additional expenses incurred as a result of customer materials that are not in conformity to Bird's Printing & Digital Copies specifications shall be the responsibility of the customer. Bird's Printing & Digital Copies shall maintain standard commercial insurance coverage on all customer furnished materials. Bird's Printing & Digital Copies sole responsibility for such property shall not exceed the amount recoverable from said insurance.
16. Inspection of Jobs, Ownership of Intellectual Property and Indemnity – Bird's Printing & Digital Copies reserves the right to inspect all jobs and reject any job which we deem to be illegal, immoral or offensive, however Bird's Printing & Digital Copies does not inspect nor is obligated to inspect all jobs and will not be liable for any job produced that is illegal, immoral or offensive. The customer affirms ownership or publication rights to all items submitted for printing and represents that printing and distribution of any furnished item does not violate any copyright or proprietary right of any person or entity, does not contain any material that is libelous or scandalous or invades any person’s right to privacy or other personal rights. The customer agrees at the customer’s own expense to immediately defend and continue to defend Bird's Printing & Digital Copies from any claim or action as a result of printing and distributing material furnished by the customer.
17. Payment by Credit Card - Cardholders paying by credit card agree to be bound by all standard Bird's Printing & Digital Copies terms and conditions. Customer expressly agrees to pay all costs incurred if your order is canceled at any point in the production process and understand that no order may be returned for credit. Credit card orders will be charged in full at order entry. Customer changes will be charged to the customer’s credit card prior to Bird's Printing & Digital Copies making the requested changes.
18. Disclaimer of Warranties; Limitation of Liability – EXCEPT FOR THE SATISFACTION GUARANTEE SET FORTH IN PARAGRAPH 4 OF THESE TERMS AND CONDITIONS, BIRD'S PRINTING & DIGITAL COPIES IS SELLING THE PRODUCTS ORDERED BY THE CUSTOMER “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY. IN NO EVENT SHALL BIRD'S PRINTING & DIGITAL COPIES BE LIABLE UNDER TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. BIRD'S PRINTING & DIGITAL COPIES AGGREGATE LIABILITY TO CUSTOMER IN CONNECTION WITH ANY ORDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO BIRD'S PRINTING & DIGITAL COPIES FOR SUCH ORDER (EXCLUSIVE OF POSTAGE AND SHIPPING FEES).
19. Governing Law – By visiting or purchasing from Bird's Printing & Digital Copies, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Bird's Printing & Digital Copies.
