Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE FOR SIENNA DIGITAL
Sienna Digital, PO Box 502, Half Moon Bay, CA 94019, and www.siennadigital.com
Your submission of any materials to SIENNA DIGITAL for reproduction or other services constitutes agreement between you (referred to as the CUSTOMER), and SIENNA DIGITAL on the following TERMS and CONDITIONS.
Prices, ordering and shipping: Prices to be charged for services and materials provided to Customer hereunder shall be as agreed upon at order placement. Orders may not be canceled after Sienna Digital has begun processing or manufacturing. All quoted or acknowledged delivery dates (including those of rush orders) are estimates. Any delay in performance caused by circumstances beyond the control of Sienna Digital, including without limitation, storm, flood, act of God, fire, government action, labor strike or lockout or other labor trouble or shortage, or inability to obtain materials, equipment or transportation. DELIVERY TIMES ARE ESTIMATES. Sienna Digital is not responsible for loss or damage to the product once any product has left our production facilities.
Sienna Digital reserves the right to change prices, colors, materials, specifications and quantities in printed advertising, e-mail campaigns, web site, or elsewhere without notice or obligation.
Customer materials stored at Sienna Digital’s premises are not insured and are stored strictly at your risk. You should keep in your possession an exact safety copy of all masters and artwork files. All pricing assumes that you are providing us with replication/duplication-ready materials in the correct format. It is your responsibility to review the materials that you submit to us for accuracy and completeness. All audio, CD-ROM and DVD content will be reproduced as submitted with no alterations.
Terms of payment/cancellations: All orders are to be paid in full upon placement. Once art or content proofs are approved you will be charged for all work and services performed, even if the project is subsequently cancelled.
Artwork proofing: Submitted artwork and media content to Sienna Digital will be considered final. Sienna Digital will electronic proofs (PDF or JPEG) of your artwork before going to press. Quoted packages include one set of electronic proofs. PDF proofs can only be used to check content and accuracy of layout, hey cannot be used to judge color, as monitor colors vary from computer to computer. Sienna Digital will not be held liable for errors or omissions in customer-provided content masters and art files. All artwork/media revisions subsequently performed by Sienna Digital at the customer’s request will incur fees for which customer will be billed additionally at a rate of $85 per hour or portion thereof in quarter-hour increments. Modifications made after submission will also result in a delay of final product. Manufacturing time starts after art proofs have been approved by customer.
A printed (hard copy) proof of the graphic design files is available at an additional charge. A printed proof will give you a closer representation of the colors in your design files and how they will print. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and printing press room operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery. All print jobs are run in industry standard gang-fashion, meaning that several jobs are run on the same press sheet without adjustments to individual jobs. Sienna Digital warrants that materials produced and delivered by Sienna Digital meet generally accepted industry standards. We cannot guarantee against occasional minor marks, also know as “printer’s hickeys” on the printing–printer’s hickeys occur when a spec of dust or debris (frequently dried ink) adheres to the printing plate and creates a spot or imperfection in the printing.
Warranties and disclaimer of warranties: Sienna Digital disclaims any and all express and implied warranties in any way relating to the goods purchased by seller, whether based on breach of contract, negligence, strict liability or otherwise including without limitation any implied warranties of merchantability or fitness for a particular purpose, except that the goods shall meet Sienna Digital’s quality standards. Customer assumes all risk and liability resulting from the use of such goods, whether used singly or in combination with other goods.
Product returns and Sienna Digital’s liability: No claim of any kind, whether as to goods delivered or for non-delivery of goods for which such damages are claimed. In no event shall Sienna Digital be liable for lost profits or consequential damages. Sienna Digital neither assumes nor authorizes any person to assume for Sienna Digital any other liability in connection with the sale or use of the goods.
Any claims regarding manufacturing defects must be made in writing and sent to Sienna Digital within 30 days of receipt of product. You agree to return any defective product to Sienna Digital upon request. No merchandise may be returned to Sienna Digital without written return authorization from Sienna Digital. Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Sienna Digital. The RMA number must appear on the address label. Sienna Digital reserves the right to refuse delivery of any item returned without an RMA number.
Anti-piracy policy: Sienna Digital maintains a strict anti-piracy policy in compliance with the standards set by the International Recording Media Association (IRMA). This policy protects property rights owners from the unauthorized distribution of their product. You are required to procure any and all copyrights, licenses, and other legal clearances for material you submit to us for manufacture. You are also responsible for paying any and all royalties, licensing fees, or promotional fees for use of this material. You agree to provide to Sienna Digital all applicable licensing and copyright information on request.
If Sienna Digital determines, or has reason to believe, that you do not have the authority to reproduce the product or materials provided, we will have no further obligation to provide any reproduction services and will return such product or material to you. You will be billed for all work performed and all materials used up to that point. We do not in any way assume an obligation to investigate or verify ownership of any and all intellectual property or other materials provided, and we will rely solely on your representation (implied with your order) and warranties, as provided on our Intellectual Property Rights (IPR) form.
You agree that, to your knowledge, no claims with respect to the materials being submitted are currently pending, or are threatened by any person.
You agree to indemnify and hold harmless Sienna Digital from all claims and expenses (including reasonable attorney’s fees) incurred by you in connection with, or arising from any claim by a third party based on any assertion that the services provide to you under this agreement breaches any proprietary rights of such third party or any breach of any representation or warranty set forth in this agreement or the Intellectual Property Rights form.
General: Sienna Digital reserves the right to distribute reserved copies of your printed product (excluding CD) as samples to prospective clients and to use images of your art for marketing purposes.