CHECK OUT OUR NEW PROMOTIONAL PRODUCTS!
CHECK OUT OUR NEW PROMOTIONAL PRODUCTS!
Purchase Price
2. The Buyer will accept the Goods and pay for the Goods with a sum discussed and agreed upon by both Buyer and Seller
3. The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the Purchase Price specified in this Agreement, the amount of any present or future use, excise, or similar tax applicable to the sale of the Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with a tax exemption certificate acceptable to the applicable taxing authorities.
4. The Purchase Price is inclusive of sales tax, and is payable by the Buyer unless the Buyer provides the Seller with a tax exemption certificate acceptable to the applicable taxing, in which case the amount of sales tax will be subtracted from the Purchase Price
payable by the Buyer.
Payment
5. Terms of Payment, Legal Fees & Disputes: Payment is due when invoices are received unless credit terms have been extended in writing by an authorized representative of Muskogee Sign and Banner DBA Reaction Wraps. After 30 days, unpaid invoices are Past Due and all present and future jobs may be put on hold until the old balance is paid. After 60 days, the account is considered delinquent and may be placed in collections. Balances unpaid after 60 days will incur interest at the rate of 1.5% per month. Expenses incidental to collection including court costs, fees, expenses and reasonable attorney(s) fees will also be charged to any account placed with our collection service. Clients shall identify to Muskogee Sign and Banner DBA Reaction Wraps 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 Muskogee Sign and Banner DBA Reaction Wraps 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.
6. We cannot accept responsibility for consequential damages or loss of any kind resulting from the sale, installation, printing or delivery of our products. It is the responsibility of the client to read our FAQ page on our website prior to contracting Muskogee Sign and Banner DBA Reaction Wraps to do any work. All quotations are valid for 15 days.
7. PAYMENT TERMS: A deposit is required at time of order. The balance is Due Before the Jobs leaves our building, unless otherwise discussed and signed off on by a representative of Muskogee Sign & Banner DBA Reaction Wraps.
Delivery of Goods
8. We prefer the client to pick up their own jobs. We do, however offer delivery by our drivers, UPS and Freight Delivery services for a nominal additional fee.
Risk of Loss
9. Risk of loss will be on the Buyer from the time of delivery to the carrier. The Buyer will provide, at its expense, insurance on the Goods insuring the Seller's and the Buyer's interest as they appear, until payment in full to the Seller.
Warranties
10. LIMITATION OF LIABILITY & CONFIDENTIALITY: Muskogee Sign and Banner DBA Reaction Wraps will not be responsible in any way for any materials supplied by the client. Original artwork is left at the Client’s risk and is not subject to replacement. Muskogee Sign and Banner DBA Reaction Wraps will not assume liability for damaged or lost files.
11. The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition. Further, the Seller disclaims any warranty as to the condition of the Goods.
Title
12. Title to the Goods will remain with the Seller until delivery and actual receipt of the Goods by the Buyer or, in the alternative, the Seller delivers a document of title or registrable bill of sale of the Goods, bearing any necessary endorsement, to the Buyer.
Security Interest
13. The Seller retains a security interest in the Goods until paid in full.
Inspection
14. Inspection will be made by the Buyer at the time and place of delivery.
15. Any refund will not include costs of delivery or installation/de-installation. Those costs will be borne by the Buyer.
Claims
16. The Buyer's failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.
17. RETURNS: All of the products offered by Muskogee Sign & Banner DBA Reaction Wraps are custom made projects that are not refundable. If the client has a concern with the job, the Client must contact Muskogee Sign & Banner DBA Reaction Wraps in writing before proceeding with any charge backs or credit returns. Muskogee Sign & Banner DBA Reaction Wraps will be given the opportunity to correct and resolve any disputes within 30 days by fixing the disputed project. Since all jobs are custom products, Muskogee Sign & Banner DBA Reaction Wraps 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 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 Muskogee Sign & Banner DBA Reaction Wraps, the client will be held liable for all legal fees and professional research and discovery time associated with Muskogee Sign & Banner DBA Reaction Wraps having to file an Inquiry with the credit card company.If a credit card dispute is decided in favor of Muskogee Sign and Banner DBA Reaction Wraps and if Muskogee Sign and Banner DBA Reaction Wraps suffers any loss of credit card business associated with a clients’ charge back request, the client will be liable for all legal fees and any credit card business Muskogee Sign and Banner DBA Reaction Wraps is not able to process during this period of the dispute resolution. In the event, that the customer fails to make payment in full on the job invoice, the customer irrevocably authorizes Muskogee Sign and Banner DBA Reaction
Wraps to remove the graphics supplied or take back any produced products. Since this is custom artwork...Once the job is printed, delivered and or installed all contracts are final and no monetary refunds can be issued. STORE CREDIT ONLY!
PROJECT START TIME, SUBSTRATES & 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 and the Client approves the artwork. 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.
Remedies
18. The Buyer's exclusive remedy and the Seller's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
Cancellation
19. The Seller reserves the right to cancel this Agreement:
a. if the Buyer fails to pay for any shipment when due;
b. in the event of the Buyer's insolvency or bankruptcy; or
c. if the Seller deems that its prospect of payment is impaired
20. JOB CANCELLATION & ERRORS: If the Client cancels the order before its completion, the Client shall be responsible for the cost of any proofs, artwork, materials re-stocking and work performed until cancellation notice is received in writing. In addition, Muskogee Sign and Banner DBA Reaction Wraps reserves the right to charge a 20% cancellation charge in addition to the actual charges to cover un-billed internal costs including scheduling, client communications and resources utilized. Muskogee Sign and Banner DBA Reaction Wraps will gladly re-image any job that has problems due to an error on the part of Muskogee Sign and Banner DBA Reaction Wraps. This does not include software limitations or improper set-up of a job by the client. Muskogee Sign and Banner DBA Reaction Wraps will not be held responsible for errors in work after final client Approval or neglect of final approval. No claims will be honored after 24 hours of receipt of any completed and delivered work. Verbal orders will be accepted, but Muskogee Sign and Banner DBA Reaction Wraps, will not be responsible for any verbal mistakes. EVERYTHING SHOULD BE IN WRITING. Muskogee Sign and Banner DBA Reaction Wraps will not accept responsibility for the inaccuracies in verbal orders by the customer.
Notices
21. Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail
General Provisions
22. Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
23. All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement.
24. The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment. This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
26. This Agreement will be governed by and construed in accordance with the laws of the State of Oklahoma, including the Oklahoma Uniform Commercial Code and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the State of Oklahoma.
27. Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Oklahoma on the date of execution of this Agreement.
28. If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
29. This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
30. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
31. Time is of the essence in this Agreement.
32. ESTIMATES & TAXES: Estimates are good faith estimates based on job specification information provided by the client and current material costs. Pricing and schedule are subject to change upon receipt of artwork and approval of estimate. Pricing is good for 15 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. Muskogee Sign and Banner DBA Reaction Wraps minimum order is: $50.00 and we require a deposit upon approval of estimate and the remainder upon delivery based on agreed terms unless otherwise negotiated up-front in writing. The Client order is subject to applicable state and local taxes unless we have a Sales Tax Exemption form that is filled out, denoting that said corporation is exempt from sales tax. Appropriate taxes will be applied to outstanding invoices until we receive this document.
34. TRADEMARKS & COPYRIGHTS: Reproduction in any form, of copyrighted materials without prior permission of the originator is illegal. It is the responsibility of the Client to obtain said permission. Muskogee Sign and Banner DBA Reaction Wraps is in no way responsible for obtaining permission and assumes that the Client has obtained permission before the work is submitted.
35. DESIGN & PRINTING: Final Approved designs will become the property of the client once the job is completed and paid for. Muskogee Sign and Banner DBA Reaction Wraps will save your file in its native format on your supplied Flash Drive. All other designs, and materials used to create the design will remain the property of Muskogee Sign and Banner DBA Reaction Wraps. Muskogee Sign and Banner DBA Reaction Wraps will only store artwork for one year. Any design fees associated with re-creating the clients design due to the client not having their flash drive will be charged to the client.
36. Muskogee Sign and Banner DBA Reaction Wraps will not be held responsible for any design layouts provided by the client. All original art must come ready to print. There will be a design fee for any changes made to client supplied art or layout. Design fee is $75.00 per hour. ADDITIONAL COLOR MATCHING AND DESIGN: 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 $100 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 Muskogee Sign and Banner DBA Reaction Wraps is creating original artwork, design will be billed at a rate of $75/hour. Color matching charges are $100 per hour. Due to the nature of both screen and digital printing, we cannot match PMS colors exactly and give no guarantees to precise color matches. A +/- of3% to 5% variation is acceptable industry-wide.
Use of Images and References to Complete Work: Muskogee Sign and Banner DBA Reaction Wraps may, at its sole discretion, use images of completed work and/or refer to Client in Muskogee Sign and Banner DBA Reaction Wraps portfolio and any other marketing materials. It is the responsibility of the client to provide or purchase quality high resolution pictures for large format printing. Muskogee Sign and Banner DBA Reaction Wraps will not be held responsible for low resolution images provided by the client for printing.
Vehicle Wrap: Additional Terms, Conditions and Warranty Disclaimer: INSTALLATIONS: Muskogee Sign and Banner DBA Reaction Wraps only guarantees final prints that are designed and set up by Muskogee Sign and Banner DBA Reaction Wraps. Muskogee Sign and Banner DBA Reaction Wraps reserves the right to VOID the warranty on any same day print and install jobs or any Rush Jobs. Muskogee Sign and Banner DBA Reaction Wraps disclaims all warranties on buses, planes, trains, RVs, custom vehicles and vehicles with OEM paint that is more 6 years old. If we are asked to cover existing vinyl decals, we cannot be liable for any damage caused during the installation or removal process to these decals.
A wrap is NOT paint. There may be extreme curves, deep channels 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. 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 36”-60” vertical or horizontal panels of vinyl. There will be 1⁄4”-1” seam where the panels meet. On a complex design with many matching points, Muskogee Sign and Banner DBA Reaction Wraps 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 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. This can vary up to several inches. This is normal and the wrap needs to be designed with this in mind.
It is not reasonable to expect printed vinyl wrap to cover and look exactly like paint or in all the same places look exactly the same. A piece of vinyl has limits and can only stretch so much before it changes color. In some cases, a relief cut may have to be made into the vinyl that will reveal a small amount of the original vehicles paint color under the vinyl. In some cases, a patch needs to be installed to conceal vehicles original color. It is the only option. Areas under door handles, mirrors, behind gas caps, and inside door frames will not be wrapped. If we wrap Extreme curved surfaces such as mirrors and bumpers, they may reveal the original paint color at the tight edges of the wrap. It has more to do with material limitations and not install quality. Muskogee Sign and Banner DBA Reaction Wraps cannot warranty those areas with extreme curves. It is the sole risk of the client if they choose wrap mirrors or other very tight curves. Muskogee Sign and Banner DBA Reaction Wraps will make the client aware of these areas before we begin the design.
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 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 a high- quality install of the wrap, 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 it will not be at the exact same 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 so thin on top that there will be evidence that there is old vinyl underneath the new vinyl. Muskogee Sign and Banner DBA Reaction Wraps will not be held responsible for any damage, void of vehicle warranty or anything caused through the application of the vinyl products. Muskogee Sign and Banner DBA Reaction Wraps is not liable if during the installation of a wrap the clear coat of the car begins to peel off. Original painted vehicles should 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 partial wraps can be done within one day. It is not a good idea to rush the install process as many things can go wrong. Muskogee Sign and Banner DBA Reaction Wraps reserves the right to take an additional day for any issues that may arise during the install.
Muskogee Sign and Banner DBA Reaction Wraps prefers to use our facility for installation. If client elects to have installation performed at their location, Muskogee Sign and Banner DBA Reaction Wraps will not be held liable for any issues related to improper install conditions such as temperature or dust.
The vinyl that is applied to original vehicle paint is warranted against adhesive failure and image quality for up to 4 years. The window perforated material is warranted for up to 1 years. Muskogee Sign and Banner DBA Reaction Wraps does not warranty any material that we do not install.
REMOVALS: All removals are quoted separately. Wrap removal can be very time consuming. We charge by the hour for the labor. Muskogee Sign and Banner DBA Reaction Wraps will not be responsible for any paint, clear coat, or existing striping damage when we do a removal.
We cannot be responsible for damage to paintwork when the vinyl is removed and would not advise application 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 vehicles to ensure suitability of the existing surface before it is wrapped.
WARRANTY & MATERIALS: Muskogee Sign and Banner DBA Reaction Wraps offers a one- year warranty on the installation and one-year on the material applied to the windows. No warranty on horizontal direct sun exposure, such as hoods, roofs, and/or deck lids. Any surface with less than a 10-degree slope will not be warrantied. The wrap warranty will depend upon the customer’s care of the vehicle and the outdoor/geographic conditions. We recommend hand washing only. Avoid high pressure, power washing and be careful never to 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 Client’s formal order, will not be binding. Client acknowledges that Client has read, understands and hereby agrees and accepts these prices, fees, charges, use of images, specification and conditions stated herein and authorizes Muskogee Sign and Banner DBA Reaction Wraps to perform all work as specified. Client has also been presented with, has read and understands the color matching criteria and has selected the appropriate method for the design. Client understands that Muskogee Sign and Banner DBA Reaction Wraps cannot guarantee the quality of any artwork that is not set-up by Muskogee Sign and Banner DBA Reaction Wraps.
Thank you for taking the time to review all the situation variables that can potentially be encountered when working with vehicle wrap jobs. The proper care, maintenance & precautions of your vehicle wrap will allow for years of great looking advertising on your vehicle for everyone to enjoy.
Please feel free to contact us if you have any concerns or are unclear on any of the above, mentioned vehicle wrap disclaimers. We will gladly assist you with answers or to help explain anything you do not clearly understand about our vehicle wrap design, manufacture & installation service. We reserve the right to refuse service to anyone.
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