Once a product is ordered and the order is processed, it may not be canceled. Custom made products are not stock items and thus cannot be resold to a second party to recover losses. Once your order has started the production process, it cannot be halted. If a custom-made product arrives damaged, produced in a size, color, or imprint different from what you had ordered, or is not the item type ordered due to our error, we will replace the item with the correct item as originally ordered at no cost to the customer. If the product was ordered by the customer incorrectly, wrong sizes, colors, products, etc.; we will replace the original product with the correct product at a discount for the replacement item. Unfortunately, the charges for the original product cannot be credited for customer mistakes, so please make sure your order is placed correctly the first time. We always provide the customer with an on-line digital proof on the first order at no charge.
Direct Media shall not be liable for the delay or failure in the performance of any of its obligations under this Order where such delay or failure is by reason of any cause or causes beyond the control of Direct Media, including, but not limited to, acts of God, war, labor disputes, governmental action, laws or regulations, fire, accident, transportation difficulties, delay in or failure to make delivery by a manufacturer or supplier, or inability to obtain labor or materials.
It is not always possible to manufacture the exact quantity ordered, and therefore, Customer agrees that overruns or under runs of not more than 5% will be accepted at a pro-rata rate. Customer further agrees that an Order calling for multiple shipments over a specified period of time, i.e. split shipments, may result in the entire Order being produced upon acceptance of said Order by Direct Media with the balance of such Order held in inventory until the ship dates specified on said Order.
No express or implied warranties are offered beyond those offered by our manufacturers and suppliers.
Trademarks, Trade Names, etc.:
Customer represents and warrants that it (a) is the owner or agent of the owner or authorized licensee, of the rights to use and reproduce the trademark(s) and/or trade name(s) on this Order in any form and has full authority to license the use of the trademark(s) and/or trade name(s) and any associated advertising; (b) it has obtained releases from models and/or authorized representatives of the trademark(s) and/or trade name(s) regarding inclusion of the trademark(s) and/or trade name(s) on this Order and that such releases grant full and absolute authority for the use of the trademark(s) and/or trade name(s) as contemplated herein; (c) hereby authorizes Direct Media to order/manufacturer the products on this Order using the trademark(s) and/or trade name(s) and (d) agrees to indemnify and hold Direct Media, its employees, agents, and suppliers harmless from any loss, liability, damage, and expense, including attorney's fees, resulting from, but not limited to, any claim of infringement of a patent, trademark, copyright, or other propriety right.
This Agreement shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.