TERMS AND CONDITIONS
Dataworks, Inc reserves the right to change product details such as prices, colors, materials and quantities in our website
without the need to inform our customers. We are not liable for special, incidental, or consequential damages related to these changes. Dataworks is not responsible for loss or damage to the product once any product has left our premises.
Orders will be delayed if you we are not provided all components of the job in acceptable condition such as , but not limited to , graphics , master , deposit , signed intellectual Property Rights Forms, Tracking lists , HOWEVER Dataworks will do everything in it's power to produce your job when or before completion time had been discussed. Quoted or acknowledged delivery dates are not exact and are our closest estimate. Turn times are not guaranteed and Dataworks will not be held responsible for delays in delivery and any resulting consequential damages or losses of that delay. Prices quoted do not include shipping charges.
PAYMENT TERMS
All projects must be paid in full at time of order unless other arrangements have been made. We accept credit/debit cards, money orders , cash or certified checks.
On replication jobs, you will be charged for the exact amount ordered up front. Any over's or under's will be charged or credited to your credit card whichever the case may be before shipment.
Orders warehoused and or fulfilled by Dataworks require any postage to be paid before items are shipped. We will inform you once we receive mailing lists.
On all replication jobs we reserve the right to produce an industry standard 5 % over/under runs. You will rarely receive the exact amount ordered, however you only pay for the quantity you do receive.
Should there be any outstanding balance past the due date, we shall charge interest of [1%] per month [12% per annum]
which shall accrue daily. Also, the Customer will be responsible for any costs, charges of any nature including without any limits to reasonable legal fees / arbitration costs incurred by Dataworks, Inc in the recovery of said funds owed /past due.
In the event of non payment within ninety [90] days of job completion , or in the event the client refuses delivery , or to pick up their completed work within that 90 day period , Dataworks will maintain the right to destroy , sell , or do whatever it chooses with that product without any liability to Dataworks our customers or others.
Should our customers wish to obtain credit and be billed for our services/products, they must furnish trade references, bank reference , and any other information Dataworks deems necessary.
Dataworks office is in NYC and will charge any sales tax applicable and appropriate as required by law.
BACK-UPS
Be safe, make sure you keep a set of backup masters, artwork and any components you have produced for your job be it electronic or tangible. Dataworks will maintain production masters, film and any other components used to produce orders upon completion of any replicated product for a period of 12 months and is under no obligation to return them until said order is completed and paid for in full. We are careful in holding our customers masters, files artwork, etc, however Dataworks will not be held responsible for said components in the case of fire , flood , casualty or negligence while they are in our possession. Customers materials stored on our premises are not insured and are stored at the customers risk. The customer agrees to carry insurance while at and in transit to and from Dataworks premises.
WARRANTY OF PRODUCT ,LIMITS OF LIABILITY, AND INDEMNIFICATION
Dataworks guarantees customers satisfaction with content and art proofs. If you cannot be satisfied, we will refund
The entire deposit amount if you decide to cancel the project. However, once proofs are approved Dataworks will charge for all services and work performed, even if the project is subsequently cancelled.
All custom-manufactured and/or printed products are unconditionally guaranteed against defects in workmanship and quality.If any custom manufactured produced by Dataworks is found to be defective in quality, or is shipped in error or mis-labelled, we will replace or repair defective product and/or correct any shipping error or labeling at our expense, or at our option refund to you all or part of the purchase paid on the condition that 1} we receive written notice of such defect within thirty {30} days after product ships to you, and 2} the defect or error didn't result from a defect or error in the materials you or your representative supplied us. If notice isn't received by the 30 days after shipment , then Dataworks shall be released of any and all liability.
The client agrees to return any defective product to Dataworks upon our request .We will refuse any product returned to us without a prior written Return Authorization number {RA}.Product re-runs or refunds shall be pro-rated based on the quantity of defective items returned us. We will not be held responsible for any loss of revenue/profit or other damages incurred of any type whatsoever , whether direct or indirect suffered by customer for any reason whatsoever.
ORDER CANCELLATION
Orders for product not yet produced may be cancelled by either party any time. You will be responsible for any and all costs incurred by us relating to manufacturing or pre-manufacturing of any product , prior to our receiving your notice of cancellation. After such cancellation, your materials, components and any completed product will be delivered to you when all money's owed us have been paid in full by cash or certified check.
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