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Terms & Conditions
Welcome to Apex Book Manufacturing (APEXBM). Apex Book Manufacturing reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use our Web Site and/or order by phone these Terms and Conditions applies.
Copyright
Professional photographer’s material must have a copyright release – APEXBM follows accepted industry standards when dealing with copyrighted works. Purchaser agrees to assume full responsibility for any copyright infringements. Purchaser also agrees to hold harmless and to indemnify APEXBM for all costs, expenses, attorneys’ fees, or judgments resulting from any claim or lawsuit against APEXBM for copyright infringement.
Digital Files
We try to catch problems that may result in improper printing (i.e. font conversions, color & resolution issues), but proper setup is ultimately the responsibility of your designer. Apex will not be held responsible for the improper printing of files supplied on disk. Additional set up charges will incur to make them printable.
Proofing
Initial and one final proof are included in the price. If client has extensive changes or corrections, additional layout/design, additional set up charges will apply. Changes must be in writing, no verbal corrections or approvals will be accepted. All text must be proofed by the client to ensure accuracy. No changes will be accepted after client’s approval of proof (This means spelling errors undetected, etc.). APEXBM will not be responsible for any errors or omissions after client’s approval, regardless of origin. E-mail proof as PDF is available free of charge, colors may vary according to your screen calibration, and may not match the final print. All proofs must be signed, dated and returned by client before actual printing can commence. Faxed or E-mailed approvals will be considered original documents.
Turn around Time
Approximate turnaround time after approval to print is 10 business days. It is APEXBM’s interest to keep this turnaround time, however APEXBM is not responsible for any damages that may be caused by late deliveries. All delivery dates are approximate and can vary due to equipment failure, emergencies or inability to obtain required materials. There is no refund for late deliveries. Shipping is not included in the turnaround time.
Quantities
Due to various factors in printing, APEXBM will print 5% to 10% extra copies. APEXBM will bill the client for extra books shipped. APEXBM will adjust the prices when shortage happens. APEXBM will not rerun any jobs when the shortage is less then 5%.
Important Notice:
THE USE OF THIS SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY OUR TERMS AND CONDITIONS.
Payment
- All prices and amounts if shown on this Site are in U.S. Dollars (USD), unless otherwise noted.
- If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.
- Once a print job has been approved by customer and "production has begun" on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Apex Book Manufacturing prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and fees, unless otherwise noted. In some cases, a refund may be extended to the customer if no work has been done by us on that print job.
- Orders in the state of Georgia are subject to state sales tax unless a resale certificate is submitted at the time of order placement. There is a $50.00 charge for returned checks. Credit card refunds will also carry an added 10% charge.
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Please note that no work will proceed on any print job in your order until full payment is received by Apex Book Manufacturing, Inc.
Payment Methods
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:
- Pay by credit card. This is simple and safe. Most of our clients pay this way. Our secure server scrambles your payment data so that only our computers can decode it.
- We accept MasterCard, Visa and Personal Debit cards
- We do not accept American Express, Dinner’s Club and Discover cards
- Pay by check. We will instruct you on how to mail your check.
- Pay by terms. We will set up a credit limit with you and bill you in 15 days from the date the order has been shipped to you.
Refund Policy
- All sales are final, unless otherwise noted.
- No refunds are given once Apex Book Manufacturing, begins working on your order, which means we have received your necessary materials (i.e., digital files, artworks and payment) and started work on your job
- In some cases, a partial or full refund may be extended to the customer if no work has been completed for a specific order. Please note that such refund would be adjusted to cover any fees charged for proofs or other services associated with that order.
- In some cases, an order may be voided the same day the order was placed as long as no work has been completed for that order.
Order Cancellation
Charges for cancellation of orders will be based on the degree of completion of your project:
1. If no work has been done, a full refund or credit will be issued.
2. It will be an hourly charge of $65.00 (minimum of one hour).
4. If order is completed, no refund is available.
5. If jobs are not completed within 45 days of order date due to client’s delay, it will be cancelled by Apex and charged according to the terms above.
Claims
All claims regarding printed jobs must be submitted in writing for evaluation within ten days of receiving your product.
Sales Tax Policy
We collect sales tax on purchases shipped to Georgia State where we currently have business operations. The tax is calculated based on the printing and finishing product subtotal.
Tax-Exempt Individuals
If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of sales tax charged by sending in documentation of your tax-exempt status. Before or after placing your order through the Site, please fax a copy of your tax-exempt certificate along with your order number to the attention of the Billing & Credit department at (770) 346-9979. After receiving your certificate, we will send you a confirmation Email.
Shipping Orders
We ship your order via UPS or FedEx ground services or your choice of shipping company if you already have an account with.
- The estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by UPS. For instance, a product shipped UPS Ground and picked up on a Thursday would be delivered by end of day Friday (Zone One-Georgia & Alabama States only). Please refer to UPS.com for delivery times of your appropriate state.
- Shipping transit times vary, and we assume no responsibility for delays caused by shipping carriers.
- Shipping Transit may cause damages resulting from the failure to receive an order in good condition. We insure all orders but you are responsible to work directly with shippers to resolve the issue.
- We may estimate shipping charges in our quotes. The quoted charges are only estimated and APRXBM will bill you for actual costs regardless if higher or lower than estimated amount.
Shipping Dates
Shipping dates are based on agreed turn around times. If you are requesting a Hardcopy Proof, we already factor in additional time to reach your targeted date. For Standard Hardcopy Proof, expect approximately four business days to receive and approve your proof. Both printing and shipping times are based on business days only and do not include weekends or holidays.
For example, a product with a printing turnaround time of ten business days and a shipping method of Ground would have a target arrival date estimated thirteen business days after you approve the proof. UPS Ground services deliveries are based on zones. Please visit UPS.com to get more information.
The cut off time for accepting files is 11:00 AM PST (2:00 PM EST). If your files are in by that time, we will commit to printing and shipping your proof within the selected timeframe.
Critical Notices:
The arrival dates we communicate to you are estimates, not guaranteed. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
Email Use
We encourage you to share your comments and questions with us, but we may not be able to respond to all inquiries. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Apex Book Manufacturing programs. Also, please remember that you are responsible for whatever material you submit and that you, not Apex Book Manufacturing, Inc., have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Apex Book Manufacturing, Inc.
Indemnification
You agree to defend, indemnify and hold harmless Apex Book Manufacturing, Inc. and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a request caused by an incorrect email address provided by you or other technical problems beyond their control.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
Governing Law
The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Atlanta, Georgia for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site. |