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Policies

 

DECORATION POLICIES

1) Apparel Information
Apparel for Screen printed, Embroidery, and Vinyl applications can be supplied by the customer at our discretion, they must be new, unwashed, & unworn, items must be clean and free of all dirt/debris/pet hair, etc. All sales are final. Once items have been decorated, there are no returns, exchanges or refunds.  We cannot remove the printing once on a garment, return them to our vendor, nor re-sell an item with your design.

Disclaimer:  During the printing process, a garment can possibly be damaged if it is an unfamiliar item or has an unknown chemical on the fabric. If we are supplying your garments and there is a problem, the garment will be replaced for no additional charge with the same or comparable item if original is unavailable. If you supply the garment and there is a problem, we are not liable for replacement of your item. We only purchase items from wholesale suppliers that have not been washed/worn and have no unknown chemical or fabric softeners in the fabric.   

2) Damage Allowances
1-50 pieces allow 1-2 piece for damages. 51 or more pieces allow 3% for damages.  For damages over allowance we will replace the garments or issue credit.  TPI is not responsible for customer provided garments with dirt or other damages/stains on the garments, we will notify you if drastic, or make note on your invoice, but we do not inspect your items for such damages.  Embroidering on Hats: Customer must provide/purchase 2 sample hat pieces for the initial sew out process on new embroidery designs.  Please see store for further details.

3) Rush Orders
Rush orders are available for a minimum $50 fee & increasing in regards to the date of completion/qty of items per order.  Rush orders are at our discretion to agree to complete & cannot always be completed by the date you request due to prior obligations.

4) Products Created from Design for Printing or Embroidery Application
You are not restricted from selling or distributing embroidered products created from Design Files (customer or stock embroidery designs) provided that the context in which the design is used does not infringe on the intellectual property rights of others. You acknowledge that copyright laws, trademark laws, and other intellectual property laws may prevent the use of any products created with the Design Files if such products copy, imitate, mimic, emulate, approximate, depict or otherwise infringe on designs, images, or other protected works in United States, Canada, or other countries. You acknowledge and agree that it is your responsibility to ensure that products created with the Design Files do not infringe on the intellectual property rights of third parties not associated with TPI Embroidery and its suppliers. You agree that you will not distribute or otherwise provide the Design Files to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Design Files from unauthorized disclosure or use, including, but not limited to, taking necessary steps to prevent use of the Design Files by individuals not specifically licensed to use the Design Files under this Agreement. TPI Embroidery reserves all rights, title and interest to the Design Files not expressly granted to you under this Agreement.

5) Acceptance of Estimate & Orders
Please note that by submitting your deposit or down payment and or approval of your order for our services you are agreeing to all of our terms of service as written here. Once an invoice is accepted & approved, all sales are final & cannot be altered. TPI Embroidery reserves the right to change or update these terms at any time without prior notice. You acknowledge you have read and understand the following terms and agree to be bound by them.  You also acknowledge that this agreement is the only agreement between you and TPI Embroidery regarding each product/design. If you do not agree to these terms, TPI Embroidery reserves the right to terminate all contracts/orders at time of order.

6) Restrictions
You are not permitted to sell, rent, lease, lend or otherwise transfer the Design Files (customer or stock embroidery designs) on a permanent or temporary basis without the written consent of TPI Embroidery. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Design Files. You are not permitted, nor can you allow any third party, to use TPI Embroidery’s or TPI Embroidery’s suppliers' names, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except to the minimum extent necessary to affix the appropriate copyright or other proprietary notices, if applicable. You may not sublicense the Design Files, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by this Agreement.

7) Payments
Payment is due in full at time of order placement.  Your order will not be processed until each estimate or invoice is reviewed, accepted, and payment is received in full. TPI Embroidery accepts payments via Cash, Check, and all major Credit Cards. Any variances from original estimate will generate a revision and a new quote will be generated for approval. Garment add-ons after the initial order has been placed may require an (additional) shipping cost.  If garments have been ordered from our vendor for your order, any returns will result in a return freight charge plus any applicable re-stocking fee from the vendor. Your project files will be released at the written request of the client. A written request via email is required for release of the files and must include the requested design file, the file type needed, if conversion is required in new formats, the editing of the files will be at the expense of the client and will be charged the standard artwork rate.  TPI Embroidery reserves the right to withhold all apparel, files, and other items, until payment is received on all open balances due.
There is a $40.00 fee on all returned checks. Late payment fees: $10.00 5 days past due. $25.00 15 days past due. $35.00 30+ days past due.  Interest will accrue at 1% per month. All late fees, interest, returned check fees are based on an accrual basis until balance is paid in full.  Past due payments are only accepted at our location at 4266 W Riverbend Ave Post Falls, ID 83854, or payment over the phone at (208) 777-7871.

8) Past Due Accounts:

If your account becomes past due 30 days, we will take necessary steps to collect this debt. If we have to refer your account to a collection agency, you agree to pay all of the collection costs which are incurred. If we have to refer collection of the balance to a lawyer, you agree to pay all the lawyer’s fees which we incur plus all court costs. In case of suit, you agree the venue shall be in Kootenai County, Idaho.

 

9) Limitation of Remedies & Liabilities    
To the maximum extent provided under applicable law, in no event will TPI Embroidery or it’s suppliers be liable to you or any third party for an incidental, indirect, special, consequential, or punitive damages, including any damages for lost data or lost profits, arising from or relating to this agreement, regardless of the nature of the claim, even if TPI Embroidery was aware of the possibility of such damages. To the maximum extent provided under applicable law, TPI Embroidery’s total cumulative liability arising from or related to this agreement, whether in contract or otherwise, will not exceed the amounts paid by you to TPI Embroidery under this agreement during the twenty-four (24) months preceding the incident giving rise to liability. This limitation is cumulative and will not be increased by the existence of more than one incident or claim.

10) Licensee Indemnification
You agree that you shall indemnify and hold TPI Embroidery, and its officers, directors, employees, and suppliers (each a "TPI Embroidery Indemnitee") harmless from any and all liabilities, losses, costs, damages and expenses, including, without limitation, reasonable attorneys' fees, that a TPI Embroidery Indemnitee suffers or incurs in connection with any claim, action, demand, or other legal action brought by a third party arising from or relating to: (i) any breach by you of this Agreement; or (ii) any claims related to products created by you in connection with your use of the Design Files.

11) General Provisions
TPI Embroidery may freely assign this Agreement, or delegate its obligations under this Agreement, in whole or in part, to any third party. This Agreement will be governed by the laws of jurisdiction of Kootenai County, ID without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. You must bring any action or proceeding arising from or relating to this Agreement in the jurisdiction of Kootenai County, ID, and you irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding. The Parties' rights and remedies under this Agreement are cumulative. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its reasonable attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The section headings used in this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including, but not limited to." This Agreement constitutes the complete and entire agreement between the Parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both Parties.

 

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