Terms and Conditions of Sale
1. Interpretation
The following definitions and rules of interpretation apply:
- Acceptance: Acceptance of the Goods by the Buyer.
- Buyer: The person, firm, or company purchasing the Goods.
- Company: Pitch Black Printing Co.
- Contract: Any agreement incorporating these Terms.
- Delivery Point: The location specified for delivery.
- Deliverables: Documents, proofs, artwork, and materials produced by the Company.
- Goods: Products supplied by the Company.
- Input Material: Artwork, files, and data supplied by the Buyer.
- Intellectual Property Rights: All rights recognized under U.S. law.
- Pre-existing Materials: Materials owned by the Company prior to the Contract.
2. Application of Terms
2.1 These Terms apply to all sales and override any Buyer terms unless agreed in writing.
2.2 Orders are only accepted upon written Order Confirmation.
2.3 Quotations are valid for 30 days unless withdrawn or stated otherwise.
3. Company Obligations
3.1 The Company will use reasonable efforts to supply Goods as agreed.
3.2 Delivery dates are estimates and not guaranteed.
4. Buyer Obligations
The Buyer shall:
- Provide accurate specifications
- Supply print-ready artwork
- Cooperate fully with the Company
Artwork
Non-print-ready artwork may incur pre-press charges ($65/hour).
Dimensions
A ±2% tolerance applies unless otherwise agreed.
Colors
Exact color matching is not guaranteed and may vary by process and materials; Pantone matching is available only when specifically requested and approved.
Samples
Available at additional cost; may be credited at Company discretion.
Use of Artwork
Unless declined in writing, the Company may use completed work for marketing.
5. Delivery and Acceptance
5.1 The Buyer must inspect Goods upon delivery.
5.2 Any defects must be reported within 5 business days.
5.3 Failure to notify constitutes Acceptance.
5.4 The Company may repair, replace, or refund defective Goods.
5.5 The Company is not liable for installation or consequential costs after Acceptance.
5.6 Risk transfers upon delivery.
6. Title and Risk
6.1 Ownership remains with the Company until paid in full.
6.2 The Buyer must store and protect Goods until ownership transfers.
6.3 The Company may recover Goods if payment is not made.
7. Pricing
7.1 Prices are as stated in the Order Confirmation.
7.2 Prices exclude applicable taxes, shipping, and handling.
8. Payment Terms
8.1 Payment terms are Due on Receipt unless otherwise agreed.
8.2 Late payments may incur interest and recovery costs.
8.3 The Company may suspend work for non-payment.
9. Warranty and Quality
9.1 Goods will meet reasonable industry standards.
9.2 Warranty periods:
- Indoor: 12 months
- Outdoor: 12 months
9.3 Warranty excludes misuse, improper installation, and normal wear.
9.4 Remedies limited to repair, replacement, or refund.
10. Intellectual Property
10.1 All Intellectual Property remains with the Company.
10.2 The Buyer receives a non-exclusive usage license.
10.3 The Buyer warrants rights to supplied materials.
11. Confidentiality
Both parties shall keep confidential information private and secure.
12. Limitation of Liability
To the maximum extent permitted by law:
12.1 The Company is not liable for indirect or consequential losses.
12.2 Liability is limited to the amount paid for the Goods.
12.3 Nothing excludes liability for fraud or personal injury caused by negligence.
13. Assignment
The Company may subcontract. The Buyer may not assign without consent.
14. Termination
Either party may terminate for:
- Non-payment
- Material breach
- Insolvency
All outstanding payments become immediately due.
15. Force Majeure
The Company is not liable for delays caused by events beyond its control.
16. Cancellation, Deposits, and Refunds
16.1 Order Acceptance
Once an order is confirmed, it is binding.
16.2 Cancellation Before Work Begins
The Buyer may cancel for a full refund only if no work has commenced.
16.3 Administrative & Pre-Press Work Commenced
Once any work has started, including:
- Artwork checks
- Proof creation
- File setup
- Pre-press work
- Material sourcing
the Buyer acknowledges costs have been incurred.
In such cases:
- Deposits are non-refundable, either fully or partially
- The Company reserves the right to retain the deposit or invoice for work completed
16.4 Artwork / Proof Approval
Once proofs are approved:
- The order is locked for production
- Changes or cancellations may incur additional costs
16.5 Production Stage (Point of No Return)
Once production has begun (including printing, finishing, or subcontracting):
- Orders cannot be canceled
- No refunds will be issued
- The Buyer is liable for the full order value
16.6 Custom Products
All Goods are custom-made unless stated otherwise:
- Goods are non-returnable unless defective
- No cancellations once production begins
16.7 Discretionary Cancellation
The Company may, at its discretion, allow cancellation subject to:
- Cancellation fees (typically 25–50%), or
- Recovery of all incurred costs
17. General
17.1 If any provision is invalid, the remainder remains enforceable.
17.2 Failure to enforce a right is not a waiver.
17.3 These Terms represent the entire agreement.
18. Communications
All notices must be in writing via email or registered delivery.
19. Governing Law
These Terms are governed by the laws of the state of Nevada.
All disputes shall be resolved in the state of Nevada’s courts.
