Terms of Sale
This Agreement for products and/or services is by and between Dylan Print LLC., dba Dylan Solutions”) and CLIENT as identified above. They may change at any time and may change for individual customers.
This, all previous and future sales, agreements for sale, quotations, proposals, acknowledgment and/or contracts of sale between CLIENT and DYLAN SOLUTIONS shall be subject to the following terms and conditions.
Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances.
Orders are firm and not subject to cancellation without DYLAN SOLUTIONS’s agreement. A percentage of CLIENT’s purchase price covering all costs for work done will be applied to canceled orders.
4. NON-RETURNABLE MERCHANDISE
A. All merchandise covered by this invoice is a special order made expressly for CLIENT. All merchandise is non-returnable unless it does not substantially conform to the quoted specifications as determined by DYLAN SOLUTIONS.
B. DYLAN SOLUTIONS may at its sole option and discretion accept non-custom merchandise for return subject to restocking charge.
C. Claims for defects, damages shortages or anything else must be made by CLIENT within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. The claim must be in writing and sent via US Postal Service or hand delivered to DYLAN SOLUTIONS.
5. ARTWORK AND/OR GRAPHICS
This invoice may include a charge for producing artwork and/or graphics. Any such artwork and/or graphics that is charged for is the CLIENT’S property which is available to the CLIENT. Artwork produced for CLIENT and not charged for is the exclusive property of DYLAN SOLUTIONS.
Prices do not include any applicable sales, use, excise or any other tax. Any applicable taxes will be added to prices at time of invoicing and the CLIENT agrees to pay the same. CLIENT’s exempt from taxes must furnish Certificates of Exemption at time of execution of the agreement or such taxes will be charged.
7. TERMS OF PAYMENT
A. Invoices submitted by DYLAN SOLUTIONS for payment by CLIENT are due upon receipt of order unless the terms listed above are different, and are past due after that. If CLIENT has any valid reason for disputing any portion of an invoice, CLIENT will so notify the Company within seven (7) calendar days of receipt of invoice by CLIENT, and if no such notification is given, the invoice will be deemed valid. The portion of the invoice, which is not in dispute, shall be paid in accordance with the procedures set forth herein.
B. A late fee of 1.5% per month on the unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past due accounts. Payments by CLIENT will thereafter be applied first to accrued interest and then to the principal unpaid balance. CLIENT shall pay any attorney fees, court costs, or other costs incurred in collection of delinquent accounts. If payment of invoices is not current, the DYLAN SOLUTIONS may suspend performing further work.
C. Deposit Requirement – Deposits shall be required as determined by DYLAN SOLUTIONS and in such amounts as stated on the quotation.
Change Orders – Changes in order quantity or specification must be delivered to DYLAN SOLUTIONS in writing and are subject to approval by DYLAN SOLUTIONS. Any resulting increased cost will be born by the CLIENT.
DYLAN SOLUTIONS shall use its reasonable endeavors to meet requested delivery dates but unless otherwise agreed in Writing, such time shall not be of the essence of the Contract. In no circumstances shall DYLAN SOLUTIONS be liable for any delay in transit however caused.
Production schedules will be established and followed by both the DYLAN SOLUTIONS and CLIENT. In the event that production Schedules are not adhered to by CLIENT, delivery dates will be subject to revision. There will be no liability or penalty for delays due to equipment failure, availability of paper, state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God or other causes beyond the control of DYLAN SOLUTIONS. In such cases, schedules will be extended by an amount of time equal to delay incurred.
10. LIMITATION OF LIABILITY
A. All goods sold are subject to the manufacturer’s standard express warranties; there being no implied warranties as to merchantability or as to the fitness of the merchandise for any particular use.
B. All orders and deliveries are subject to availability of materials and/or merchandise from our manufacturers.
C. No liability shall accrue against DYLAN SOLUTIONS as a result of any breach of contract resulting from any strike lockout, work stoppage, accident, act of God, or any other delay beyond DYLAN SOLUTIONS control, including but not limited to discontinuation or unavailability of merchandise, or any other materials.
D. DYLAN SOLUTIONS shall not be liable for any losses, forfeitures and all other consequential damages whether direct or indirect, and whether or not resulting from or contributed to by the implied default or negligence of DYLAN SOLUTIONS, its agents, employees, subcontractors and manufacturers, which might be claimed as the result of the use or failure of the goods or services sold. THERE IS NO FURTHER WARRANTY EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE DESIGN, SALE, MERCHANTABILITY OR USE OF THE GOODS AND/OR SERVICES EXCEPT AS TO TITLE; AND DYLAN SOLUTIONS’S LIABILITY ON ITS WARRANTY SHALL IN NO EVENT EXCEED THE COSTS OF THE GOODS.
E. CLIENT and DYLAN SOLUTIONS agree that the CLIENT’S exclusive remedy is for the repair or replacement of any defective part or product. CLIENT agrees that no other remedy applies, whether for incidental or consequential loss, injury or other loss.
11. GOVERNING LAW AND CONSTRUCTION.
This Agreement will be governed by and construed in accordance with the laws of Arizona, without regard to the principles of conflicts of law. Each party (i) agrees that any action arising out of or in connection with this Agreement shall be brought solely in courts of the State of Arizona in Maricopa County, or the United States District Court for Maricopa County.
This policy was updated on June 6, 2019