Terms of Service
Unified Manufacturing respects and adheres to the Content Delivery and Storage Association (CDSA), formerly IRMA, Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized recording or distribution of their content.
You represent and warrant to Unified Manufacturing: (1.) that you are the true and rightful owner of, or are licensed or otherwise possess legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any trademarks, service marks, trade names, copyrights, or other intellectual property rights relating to the materials provided to Unified Manufacturing by you under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (2.) that you and Unified Manufacturing are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Unified Manufacturing of the obligations hereunder, in violation of any intellectual property rights of third parties; and (3.) that no claims with respect to your intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to your knowledge, are threatened by any person, nor, do grounds for any such claims exist.
You agree to indemnify, defend, protect, and hold harmless Unified Manufacturing and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, “indemnified parties”) against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings including interest from the date of such damages, and costs and expenses including without limitation; reasonable attorneys’ fees and disbursements of every kind, nature, and description (collectively, “damages”) suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to you under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and/or any breach of any representation or warranty you set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Unified Manufacturing reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
You agree to provide Unified Manufacturing, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Unified Manufacturing does not assume any obligation to investigate or verify ownership of any materials provided by you, and Unified Manufacturing may rely on your representations and warranties herein and provided under Unified Manufacturing’s Intellectual Property Rights Form even if Unified Manufacturing investigates such ownership.
If Unified Manufacturing determines, or has any reason to believe, that you do not have the authority to produce the products sought hereunder, Unified Manufacturing will have no further obligation to provide any products or any other services with respect to such materials, and will return such materials to you.
PRICING & DELIVERY
Unified Manufacturing has every right to change product details like prices, colors, materials, and quantities in our website without having the need to inform our customers. We are not liable for special, incidental, or consequential damages related to these changes.
Your order will be delayed if you fail do not provide us with all the necessary materials. Quoted or acknowledged delivery dates are not precise-they are only our best estimate. Turn times are not guaranteed and are subject to seasonal fluctuations. Unified is not liable for delays in delivery and any resulting consequential damage or losses of the said delay.
Because of quality-control considerations, it is seldom possible to produce the exact number of units ordered, therefore Unified Manufacturing reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of your order. You will be billed only for the actual number of units shipped.
Prices quoted in our catalog do not include freight. Once a product shipment has left our plant, Unified Manufacturing is not responsible for loss or damage to the product. If there is damage or loss, contact the shipping company.
We require an upfront payment of 50% of the purchase price with most manufacturing orders. The balance of the purchase price, subject to a five percent (5%) production under or overrun, is due upon completion of the order, before shipment (sorry, no C.O.D.s).
There is no charge for overages if your manufacturing order is prepaid in full, including freight and applicable taxes. Rush orders must be prepaid in full, including freight and any applicable taxes.
MODES OF PAYMENT: We accept cash, check, money order, VISA, MasterCard, Discover, and American Express.
We require a PURCHASE ORDER before we process any open account order. We do not process your order until the appropriate payment has been received.
If you have an outstanding balance after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition, you agree to pay any and all costs, fees, charges, or expenses (including without limitation all reasonable legal fees and litigation/arbitration fees and costs) incurred in recovering any amounts owed to Unified Manufacturing by you.
In the event you fail to pay within ninety (90) days for any work completed, or in the event you fail to accept delivery of finished product within ninety (90) days from completion, Unified Manufacturing has the right to use your material in any way Unified Manufacturing chooses without any liability by our company to you or others.
Warranty of Product, Limitation of Liability and Indemnification
Unified Manufacturing guarantees your satisfaction with art and content proofs. If you are not satisfied, we will refund the entire deposit amount if you elect to cancel the project. However, once proofs are approved you will be charged for all work and services performed, even if the project is subsequently cancelled.
All custom-manufactured and/or printed products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Unified Manufacturing from or through the use of materials is found to be defective in quality, or is shipped or labelled in error, we will replace or repair defective product and/or correct any error in shipment or labeling at its own expense or, at Unified’s option, refund to you part or all of the purchase paid on the condition that a.) written notice of such defect or error is received at our office within thirty (30) days after product ships to you, and b.) the defect or error did not result from a defect or error in the materials you or your representative/s supplied. If notice is not received within thirty (30) days after shipment, Unified Manufacturing shall be released from any and all liability.
You agree to return any defective product to Unified Manufacturing upon request. No merchandise may be returned to our office without written return authorization from us. Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Unified. The RMA number must appear on the address label. Unified Manufacturing reserves the right to refuse delivery of any item returned without an RMA number.
Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned. We is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by you for any reason whatsoever.
All materials you send to Unified Manufacturing could get damaged, destroyed, or lost in the production. We assume that you have backups or originals of all content provided in digital electronic form (including without limitation on recordable CD or DVD, digital video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording medium, or as uploaded to Unified’s web site via FTP, email, or other means) for manufacturing. As such, Unified Manufacturing is not obligated to return such electronic content to you upon completion of the order. Unified Manufacturing will return analog masters, original artwork, photos, transparencies, etc. furnished by you upon completion and payment of the order.
While Unified Manufacturing will treat your materials with the utmost care and respect, Unified specifically denies liability for damage or loss due to fire, casualty, act of war whether declared or undeclared, act of God, or negligence while your materials are in the care and possession of Unified Manufacturing.
Unified Manufacturing reserves the right to refuse or cancel any order. Orders for products not yet manufactured by Unified Manufacturing may be canceled by either party at any time. You will be responsible for all costs incurred by Unified related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, your materials and any completed product will be delivered to you when all sums owed to Unified Manufacturing have been paid in full by cash or check.