Terms and Conditions
By placing an order, all parties agree to the following:
- Any order placed through one of the websites listed below will be treated as a contract between that brand's parent company Mckenzie Crest, Inc. and You (herein the Customer). The brands listed below will be referred to in this document as YBS & Co.
- CD and DVD Packaging produced via Mckenzie Crest, Inc.
PRE-PRODUCTION PAYMENT AND ORDER APPROVAL
- Any order placed through YourBoxSolution.com will only move into production after a pre-production payment in the amount of 50% of the total cost of the order is paid.
- Orders placed through any other YBS & Co. brand require payment in full prior to production. Please note, perfectly accurate shipping costs are not always possible to estimate at the beginning of the order process. It is possible we might request additional funds to cover the cost of shipping if it exceeds the amount initially charged.
- When you approve an order, you are affirming that all of the information listed on the approval page is correct. This includes, but is not limited to, your shipping address and other details about the job, like the size, coating, and number of pieces.
- YBS & Co. will send a pre-production proof(s) showing the Customer's artwork on the chosen template(s) prior to every order.
- Hard-copy samples are available prior to production for a fee. Please contact your sales rep for more information.
- YBS & Co. will produce your order exactly how it was displayed in the digital or physical proof(s) that were approved for the order. Our prepress department will not be able to proof read or check for other content issues. The customer is responsible to make sure that the approved proof(s) are print ready.
- YBS & Co. will not be responsible for orders that are placed for an incorrectly sized product. We are happy to assist Customers in finding the correct size, but ultimately they must approve the final sizing when they approve the pre-production proof(s). Our responsibility is to produce exactly what is approved on the proof(s).
COLOR FIDELITY – DIGITAL ARTWORK vs. PHYSICAL PRINT
- YBS & Co. guarantees that its prints will meet CMYK industry standards. We cannot guarantee exact color fidelity and cannot prevent slight color shifts throughout an order or reorder. Because we cannot control the color reproduction of a customer’s computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears on a Customer's monitor. Hard-copy samples are available prior to production for a fee. Please contact your sales rep for more information.
- Turnaround times do not include shipping transit time. The estimated date you receive from your sales rep indicates when your order will be ready to leave our production facility in Springfield, OR 97477.
- YBS & Co. does not maintain Customer Content indefinitely. Customer Content will be kept on file for a period of up to six (6) months from approval date. At the end of this time, Customer Content may be deleted and irretrievable. Please save any proof(s) sent to you for your approval along with the original artwork you sent to us.
- You agree that all content you supply us (data, text, photographs, graphics, messages or other materials that we are printing for you) is fully owned or licensed by you.
- You agree to defend, indemnify, and hold YBS & Co. and its officers, directors, employees, shareholders, agents, and affiliates harmless from any suit, demand or claim arising out of any breach of this warranty, and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by YBS & Co. in defending against such suit, demand, or claim.
CONTENT MUST BE LEGAL
- You agree that you will not supply us with any content that is unlawful, threatening, abusive, defamatory, and/or obscene, or
- invades another person's privacy;
- which would further the commission or concealment of a crime;
- advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States;
- is not lawfully yours to transmit;
- is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right, or other intellectual property right of another person or entity.
STORAGE OF PHYSICAL WORK PRODUCT
- YBS & Co. expects that the remaining balance on orders is paid for within a reasonable time from an order's completion date. We cannot warehouse orders indefinitely.
- After 3 months, we will begin to add storage fees to your order, in the amount of 5% of the order total each month.
- If an order is not paid for within one year from when we request payment, we will dispose of your physical work product and we will not issue any refunds on your order.
SHORTAGE & OVERAGES
- Although our goal is to ship the quantity ordered, YBS & Co. reserves the right to ship within 5% under the requested quantity. If a minimum quantity is a necessity, we recommend adjusting the quantity to account for the possibility of an under run. The shorted quantity will be noted on your final balance with that amount taken off of the final payment request.
CLAIMS OF DEFECT
- No claim of any kind whether as to goods delivered or non-delivery of goods shall be greater in amount than the purchase price of the goods.
- YBS & Co. must be notified of any claims of defect within 14 days from the date of delivery of the goods. Failure to give notice in this time period will constitute an irrevocable acceptance of the goods and a waiver by the Customer of all claims in respect to such goods.
- In the event such notice is given, YBS & Co. shall be given a reasonable opportunity to investigate the matter, including an opportunity to inspect the goods in question.
- In the event YBS & Co. finds a defect in a Customer's goods, it reserves the right to either fix the issue on the goods in question, including reproducing them, or to issue a refund or a partial refund. YBS & Co. reserves the right to ship any replacement via the carrier and speed of its choice.
LIMITATION OF LIABILITY
- YBS & Co.'s liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under the terms of any agreement, YBS & Co. shall have the right, if necessary, to retain possession of, and shall have a lien on, all customer property in YBS & Co.'s possession including work in process and finished work.
RISK OF LOSS
- Risk of loss shall pass to the Customer once a shipment is in the custody of a carrier (UPS, FEDEX, USPS, etc...). We will provide the Customer with the opportunity to add a signature requirement to avoid the risk of stolen property during delivery. We insure every shipment and that cost is added into the shipping cost. We will not ship a package without insurance without prior written notice from the customer asking us to waive insurance, and accepting any liability for any damage or loss that might occur during shipment.
CHANGES TO THESE TERMS
- YBS & Co. reserves the right to modify these Terms at any time, informing customers by publishing new Terms on our website. Customers who place new orders will be inferred to be accepting the newly published Terms.
ASSIGNMENT of CONTRACT
- YBS & Co. reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the customers rights under these Terms are not affected.
- All contracts formed with YBS & Co. will be governed by the laws of the State of Oregon.