Graphic Ninja: Terms, Conditions, Notices, Company Policies, Disclosures, Limits of Liability & Superseding Contractual Provisions:
Thank you for choosing to Graphic Ninja. We want you to be completely satisfied with the products and services you receive and want you to know exactly what to expect when your project is complete. In an effort to clarify some things that sometimes get overlooked during the procurement process, the following are important things we want to make sure you know and understand about our policies.
Please read the following in detail, so that there are no disappointments, disputes, or miscommunication regarding the finished product or service to be provided By Graphic ninja. If you have any questions or concern about anything as outlined below, please clarify prior to final engagement with us for any product or service.
1. PROOFS *A: A digital proof is available on all orders for customer to review and approve prior to print. Graphic Ninja will not be responsible for any errors on products that were approved by the customers in the proof provided. This includes any spelling or typographical errors, as well as omitted items. Furthermore, Graphic Ninja will not be responsible for any errors on a product that is approved for production without customer review of a digital proof.
PROOFS *B: Color discrepancies occur in digital proofs and final products may be different in actual color from colors that appear on a screen. If color correctness needs to be verified, it is the customer’s responsibility to ask for a physical proof. For products produced in-house, a physical proof can be provided, however proof charges may apply. Graphic Ninja will not be liable for color discrepancies between digital proofs and actual print colors. For outsourced products, liability for color discrepancies will be subject to the terms and conditions of our 3rd party suppliers.
2. Customer Provided Art *A: All Customer provided artwork is assumed to be correct in color, style, and format. Graphic Ninja will not be responsible for printing errors, color variations, pixelation, proper format, or discrepancies of any type on customer provided art.
Customer Provided Art *B: Customer provided artwork that is provided in any format other than original “vector” artwork that was created as an .eps or editable .pdf file can not be changed, modified or edited, and can sometimes be unusable. Artwork provided in other formats are subject to artwork fees for re-creation in a usable format at the discretion of Graphic Ninja.
Customer Provided Art *C: Pixelation can occur with files that are provided in any format other than what is listed above. Graphic Ninja is not responsible for clarity or accuracy of any artwork that is not provided as an original .eps or editable .pdf file.
3. Color Accuracy: Slight color variations occur from media to media as well as from machine to machine. Graphic Ninja will not be responsible for slight variations in color on any products. Customer should be aware that color hues may differentiate from product to product, and are a regular part of the printing process.
4. Measurement, scaling & Sizing Accuracy: Graphic Ninja will not be responsible for proper fitment, scaling or size of any product where measurements, scale, or size is provided or specified by the customer or a 3rd party. Any changes, modifications, or re-manufacturing based on improper fitment or alignment that was based on customer or 3rd party provided measurements, scale, or size specifications will be at customers expense.
5. Vinyl Products *A: vinyl graphics occasionally have small air bubbles after installation, as well as lifting issues over time. (Especially when installed over tinted glass, uneven surfaces, or surfaces that are not completely smooth and flat) Graphic Ninja will not be responsible for any lifting issues over non-flat areas or air small bubbles on installed products. Furthermore, Graphic Ninja will not be responsible for fading of any products over time. Any warranty on vinyl products is provided directly by the product manufacturer and not by Graphic Ninja.
Vinyl Products *B: There is no warranty on any graphic or product that is applied to a non-factory OEM surface. This includes but is not limited to any re-painted or repaired area on a vehicle, and ALL forms of painted walls.
6. Auto Wraps *A: Vinyl Wraps are a very labor intensive manual process of applying sheets of vinyl over automotive panels. Due to the nature of stretching and applying multiple sheets, slight variations can occur in panel alignment. Also, minor imperfections can occur in the application process. Graphic Ninja will not be responsible for panels being slightly misaligned across body panels, having seams, rough or stretched areas, or small debris between the base layer and laminate. Customer should be aware that these are common occurrences in the wrap process.
Auto Wraps *B: There is no warranty against lifting or failure over textured, ABS plastic, non-factory surfaces, or on vehicles that are not hand washed. Auto Wrap is NOT intended to be, & should not be used as alternative to automotive paint.
Auto Wraps *C: “Expected life” of a wrap is a guideline based on average exposure to sunlight and elements, and adherence to recommended care instructions. Customer should be aware that this is NOT a warranted period. Product warranty is directly with the manufacturer, and varies based on brand & type of material used.
Auto Wraps *D: Artwork for Auto Wraps is very labor intensive. Graphic Ninja does not provide free proofs for any auto wrap related product. The average design takes between 3-5 hours, but can take longer depending on complexity and number of revisions. Wrap design is billed at $150 per hour with a 3 hour minimum. If customer proceeds with installing a wrap product after artwork is completed, up to 5 hours of design will be rolled into the “included price” of the finished product, however, if no wrap product is produced, art charges still apply and are due in full. If a wrap product is produced and design time exceeds 5 hours, extra design fees will be added to the quoted price of the product.
7. Customer Provided Materials: Graphic Ninja provides no warranty on any labor or material for customer or 3rd party provided materials. furthermore, Graphic Ninja assumes no liability for replacement of any customer provided material that may become damaged or unusable during the installation process. Any replacement material needed will be at the sole cost and responsibility of the customer. Customer provided materials may still carry a warranty with the material manufacturer or original supplier, but in the event of a claim, customer should contact the manufacturer or original material supplier directly.
8. Cancellation, Re-scheduling, & Down Time: No Shows or Re-scheduling of any job cancelled less than 48hrs prior to scheduled start time shall be subject to a cancellation/re-scheduling fee.
For in-shop appointments the following fees will apply:
$250 per occurrence for appointments scheduled for 1/2 day or less.
$400 per occurrence for in-shop appointments scheduled for 1/2-1 full day.
$500 per installer, per day for in-shop appointments scheduled for more than 1 full day.
For on-site appointments the following fees will apply:
$300 per installer plus any associated travel expense (including labor for travel time) for appointments scheduled for 1/2 day or less.
$800 per installer plus any associated travel expense (including labor for travel time) for appointments scheduled for 1/2-1 full day.
$800 per installer, per day plus any associated travel expense (including labor for travel time) for appointments scheduled for 1 full day or more.
**If a scheduled installation included a printed product or products provided by Graphic Ninja, all charges outlined above are in addition to the original quoted price which will still be due and payable according to section 11 of our company terms and conditions agreement.
***Unexpected downtime is billed at $150 per installer per hour on all jobs.
****If the total price of a job quoted is less than any amount outlined above, the entire quoted price will be charged for the cancelation. In addition, the original quoted price will be charged in addition to any cancellation fees if the installation is still to be completed at a liter date.
9. Art Charges: Basic artwork is included in many of our job quotes. If you purchase an Item from Graphic Ninja that includes artwork, that price includes one proof and one revision. If additional proofs or revisions are required, regular artwork charges may apply at a standard hourly rate of $150 per hour. (*For charges associated with customer provided artwork, please see section 2B above) (**For Art Charges associated with Auto Wraps, please see section 5D above)
10. Apparel A: Printing on apparel products is a process completed by hand, therefore placement from garment to garment will differ slightly. Graphic Ninja will not be responsible for slight variations in positioning of artwork on apparel products.
Apparel B: It is our recommendation that ALL apparel garments you receive from us be hand or machine washed cold, and allowed to hang dry for longest life expectancy. If garment must be machine dried, do so on no heat or low heat settings for longest life expectancy. Due to different laundering practices, Graphic Ninja does not warranty garments beyond the second time it is washed, and only then if the above laundering process is followed.
Apparel C: Graphic Ninja will not be liable for any garment sizing or proper fit. It is the customers responsibility to verify sizing of garments ordered prior to order placement. Any garment that needs to be re-made because of a sizing issue, error after proof approval, or customer requested change will be at customers expense, and is subject to increased pricing for re-setting up the job based on number of garments printed. Ask sales associate for clarification and explanation prior to ordering.
11. Minimum Charges: There is a minimum charge of $250 for any order and a minimum travel charge of $150 for all offsite projects. Some orders require partial or full payment in advance.
12.Payment Terms: All orders must be placed in writing. Graphic Ninja does NOT automatically offer terms of Net 10, 15, or 30, unless negotiated and approved BEFORE placing an order for a product or service. All orders other than accounts with payment terms and in good credit standing must be accompanied by a company check payable to S.P.I.N. LLC, P.O. Box 665, Tontitiown, AR 72770. Additionally, Graphic Ninja is pleased to accept VISA®, MasterCard®, Discover® and American Express® as payment for most orders. Credit cards will be charged at the time of purchase, including deposits on special orders. Custom fabricated products or special order items may require a 50% deposit payment, even for accounts in good standing with Net 10, 15, or 30 days payment terms. Established accounts are invoiced Net 10, Net 15 or Net 30 days unless otherwise stated, according to their credit standing and limit. All others will be invoiced for payment prior to delivery. Graphic Ninja does NOT offer terms beyond 30 days after project completion on any accounts, or under any circumstances.
13. Deposits: in the event that a deposit is required or accepted for any order or job, the deposit or payment collected in advance will be considered liquidated damages at the point customer cancels or does not have the project completed, in which case any amount received will be non-refundable under any circumstances.
14. Default & Partial Payment: If timely payment is not made in accordance with agreed terms as outlined in section 12 above, the customer shall be responsible for interest charges allowable by law and any collection or attorney’s on any unpaid balance. For net terms accounts, invoices are due in full within the established terms of the order invoice date, and failure to submit payments accordingly shall be subject to late fees from the due date at the rate of 2% per month, which is an annual rate of 24%, until paid in full and may result in a suspension of your credit with Graphic Ninja.
15. Limit of Liability for damage: Prior to receiving any product or service from Graphic Ninja, the customer agrees that the TOTAL liability of Graphic Ninja for ANY damage that occurs, directly or indirectly, as a result of any product or service provided by Graphic Ninja or one of its subsidiaries, shall be strictly limited to, and shall not exceed an amount equal to the total cost of the product or service provided by Graphic Ninja. The customer agrees to indemnify Graphic Ninja, it’s subsidiaries, sub-contractors, & third party suppliers from any claim in excess of the amount billed for a specific product or service for any damage that occurs to a customers property, or any 3rd party’s property under the direction of the customer at the time the product or service was received.
16. Limit of Liability for Products and Services: In the event that any product or service provided by Graphic Ninja has to be repaired or replaced, the limit of liability for said product will not exceed the wholesale cost of replacement for said product or service. Customer agrees that no monetary compensation shall be provided by Graphic Ninja, and that liability for said products and services shall be limited to physical replacement of said product or service. Furthermore customer agrees that any damage to a surface that occurs as the result of the removal of any product that is to be removed or re-applied shall occur at the sole direction and expense of the customer, and Graphic Ninja will have no liability for any damage that occurs as a result of removal of a defective product or for any repairs to a surface that may be required so that a replacement can be installed.
17. Waiver of Vehicular Liability Insurance: Graphic Ninja insurance carrier does NOT provide coverage for the operation of any vehicle beyond the property boundaries of our facility. Furthermore, no coverage is provided for the operation of a customers vehicle on ANY public roadway. As such, Graphic Ninja does NOT authorize its employees or company representatives to operate any vehicle that is not the property of Graphic Ninja outside the property boundaries of our facility. The customer hereby agrees that any request for a vehicle to be transported by Graphic Ninja for ANY REASON is hereby denied. Any person operating a customers vehicle (or 3rd parties vehicle) beyond the boundaries of our facility or on any public roadway, is doing so on behalf of the customer as their representative, and NOT as a representative of Graphic Ninja, even if they are a Graphic Ninja employee. Furthermore, customer agrees that any loss that occurs during the operation of such vehicle as outlined above would fall under the liability of the customer, which hereby agrees to indemnify Graphic Ninja and its representatives of any and all liability for any loss, damage, or liability that may occur as a result.
18. Delivery & Completion: Graphic Ninja shall have no monetary liability for any product or service that is delivered or completed outside the original window, timeframe, or expected delivery date for a product or service. Every effort will be made to complete projects on-time and as promised. However, in the event completion is delayed, whether it be as a result of Graphic Ninja, its subsidiary, or as a result of factors beyond our control, Graphic Ninja shall have no liability to the customer for monetary compensation or concessions, under any circumstances.
19. Legal Entity Disclosure: Graphic Ninja is a fictitious entity registered as property of S.P.I.N. LLC. a Limited Liability company, with a physical location of 1108 Backus Ave, Springdale, AR 72764. All procurements for products or services will be considered transactions transpiring in The City of Springdale, Washington County Arkansas, to be governed and taxed in accordance with state and local law.
20. Superceding Document Clause: This Agreement supersedes any statements, representations or agreements of Graphic Ninja with respect to the customer who hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement constitutes the entire Agreement and understandings arrived at by the parties after negotiations and replaces all previous agreements, written or oral.
UPDATED January 1st, 2024