Reservations: All orders are subject to approval by In The Mix Productions, which reserves the right to reject any order at any time without recourse, as well as the right to change the price of the order after reviewing the artwork, subject to approval by the customer.
Returns: Due to the nature of the product, no returns can be made. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. Failure to do so constitutes an irrevocable acceptance of the order. Replacement of the product will be made upon receipt of returned merchandise and only when In The Mix Productions determines that the defect was not caused by misuse or mishandling of the product. If customer plans to return the defective merchandise, it should not be used in any way, even for a short period of time. The warranty herein is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
Artwork: All artwork or designs and images must be provided in CMYK format. In The Mix Productions is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode at 100% of the final print size. In The Mix Productions is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
Proofs: Digital proofs give approximate presentation of text accuracy, image proportion and placement, but not color or density. Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed print job is to be expected. When variation of this kind occurs, it will be considered acceptable performance. Any reprints desired due to mistakes discovered after proofing will be at the expense of the customer. When a proof is waived or not requested, In The Mix Productions will print the file as is, and the customer will be responsible for any errors resulting from an incorrect artwork setup.
Credit Card: If the customer's credit card company declines the authorization, In The Mix Productions shall not process the order.
Warranty: In The Mix Productions makes no warranty expressed or implied nor accepts any responsibility other than possible replacement of these products. In The Mix Productions may, but is not required to, replace any defective product, or give the customer credit for the amount of the purchase price for such product. This warranty is limited solely to the replacement of the product as originally shipped or a credit for the cost of the product shipped.
Colors: Because of limitations with the Gang-Run printing process, as well as neighboring image ink requirements the accuracy of color reproduction is not guaranteed and by placing and order with In The Mix Productions you agree to this limitation. For this reason we cannot accept responsibility for color variations between submitted files and the final printed piece. We do however strive to get the closest color match to your digital (CMYK) file.
Turnaround Time: All of our turnaround times are estimates only and NOT guarantees. Please keep in mind that there are several diffent things that can go wrong with the printing process that are out of our control. The turnaround times that we give are based on actual statistics of jobs we have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time. Turnaround time begins after the full payment, complete print specifications, and correctly submitted artwork have been received. If a proof is requested, the turnaround time starts after the proof has been approved and other conditions met.
Shipping: In The Mix Productions will arrange payment for shipping with the carrier, but the costs are the responsibility of the customer. Risk of loss is upon the customer once In The Mix Productions delivers the product to the carrier. Delivery times are estimates only, and In The Mix Productions shall not be responsible for delays. We will make all efforts to ship the products in the time specified on shipping schedule.
Limitation Of Liability: In The Mix Productions shall not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from our performance or nonperformance of our obligations under this contract, including but not limited to claims for lost profits or other economic damages.
Copy & Design Errors: Artwork is considered final and approved once uploaded to our server. In The Mix Productions does not take responsibility for any copy or design errors committed on your part. In The Mix Productions does not take responsibility for wrong artwork dimensions or wrong color accurage either. We are also not responsible for any wrong dates or misspelled words in files submitted by customer or jobs approved by customer upon design completion. Under no circumstances will a refund or reprint be honored for an error in the file submitted or the design that was approved.
Samples: In The Mix Productions may use your product for samples or advertising purposes
Indemnification: The customer shall indemnify and hold harmless the printer In The Mix Productions from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against In The Mix Productions on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights. The customer agrees to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against In The Mix Productions at the customer's own expense.
Cancels and Refunds: When the customer cancels a n order placed through our website, and no graphics processing has been done, we charge 15% of the order amount. If graphics processing took place, then a refund is at the discretion of the In The Mix Productions Sales Department. Rush fees are not refundable unless the rush order is not completed on the promised day.
General:
a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Michigan.
b) In the event that any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
c) In The Mix Productions shall not be responsible for damages or delays resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. In The Mix Productions shall not be responsible for any delays caused by FedEx or any other carrier used for shipping.
d) These Terms of Sale may be modified from time to time by In The Mix Productions without notice, and are current as of the date of the then current catalog or web site.
e) The customer's order shall be deemed an acceptance of the Seller's terms and the customer to vary in any degree any of the terms of this quotation, is hereby objected to and rejected, but such proposal shall not operate as a rejection of the customer's order, unless such variances are in the terms of the description, quantity, price, or delivery schedule of the goods or material, but shall be deemed a material alteration thereof, and any order the customer places with In The Mix Productions shall be deemed acceptance of these Terms of Sale by the customer without said additional or different terms.
