Terms and Conditions
These Terms and Conditions constitute a legally binding agreement between U.S. Press, LLC d/b/a Banner Owl (“Banner Owl”) and you. In these Terms and Conditions, Banner Owl is sometimes referred to as “we” or “us” or “our”.
1. Quotations – Prices obtained from Banner Owl are subject to change from time to time without notice.
2. Order Cancellation – Due to the custom nature of our production, no order may be cancelled after proof approval.
3. Satisfaction Guarantee – Banner Owl at its sole option will repair or reprint any order that contains abnormal imperfections or fails to provide a reasonable representation to the approved color proof. Banner Owl at its sole option may elect to provide, in lieu of repair or reprinting of an order, a prorated credit for the damaged portion of an order. Claims for defects must be made within ten (10) days of delivery in writing. The customer must receive a written authorization to return a defective order or portion in advance of return. Defective orders must be returned within thirty (30) days after delivery. Banner Owl’s liability for defective orders is limited to the price of the order exclusive of any shipping or postage charges.
4. Production Schedules and Turnaround Times – Production begins when your payment is completed in full and your proof has been accepted. Our stated turnaround time is an estimate. Banner Owl shall not be bound by such schedules unless otherwise agreed to in writing for an additional cost under our express print program. Banner Owl’s sole liability in the event of a failure by Banner Owl shall be limited to a refund of the fee paid by the customer for the express print fee.
5. Customer Artwork – All prices and quotations provided by Banner Owl assume the customer provides properly prepared files following Banner Owl written guidelines. The customer accepts all responsibility for supplied files that fail to output properly, contain errors, or provide an unacceptable result.
6. Proofs – A proof will be submitted to the customer prior to printing each job. The customer must select either “Proof Accepted” or “Proof Rejected” before production of the order proceeds. Any corrections to the proof must be stated clearly in written documentation such as an email exchange between the customer and Banner Owl. Delay in completing and returning your proof will delay completion of your order. Banner Owl assumes no liability for errors if the customer waives receiving a proof or fails to note changes or corrections on the returned proof.
7. Color Matching – A reasonable color variation between the approved proof and final printed product is unavoidable, expected and shall constitute an acceptable delivery. Banner Owl will make every effort to produce a reasonable representation based on materials supplied by the customer however Banner Owl does not guarantee color matching.
8. Trim Margin – The customer understands and agrees to provide at least a 1″ trim margin (bleed) from the outside edge of the document to the printed elements. Banner Owl accepts no liability for elements that may be lost during trimming when the customer’s materials fail to provide the required 1″ margin.
9. Shipping – Unless otherwise stated, the price quoted is for a single shipment without storage. Banner Owl will deliver finished work to the designated commercial carrier, at which time title to the finished work shall pass to the customer. Customer is responsible for paying the shipping costs.
10. Inspection of Jobs, Ownership of Intellectual Property and Indemnity – Banner Owl reserves the right to inspect all jobs and reject any job which we deem to be illegal, immoral or offensive, however Banner Owl does not inspect nor is obligated to inspect all jobs and will not be liable for any job produced that is illegal, immoral or offensive. The customer affirms ownership or publication rights to all items submitted for printing and represents that printing and distribution of any furnished item does not violate any copyright or proprietary right of any person or entity, does not contain any material that is libelous or scandalous or invades any person’s right to privacy or other personal right. The customer agrees at the customer’s own expense to immediately defend and continue to defend Banner Owl from any claim or action as a result of printing and distributing material furnished by the customer.
11. Samples – By ordering from Banner Owl you grant us the right to use your product in our marketing and as product samples. If you do not wish to have your work used, please let us know and we will happily comply with your request.
12. Payment by Credit Card – Cardholders paying by credit card agree to be bound by all standard Banner Owl terms and conditions. The customer expressly agrees to pay all costs incurred if your order is cancelled at any point in the production process and understand that no order may be returned for credit. Orders will be charged in full at order entry. Customer changes will be charged to the customer’s credit card prior to Banner Owl making the requested changes.
13. Disclaimer of Warranties; Limitation of Liability – Except for the satisfaction guarantee set forth in paragraph 3 of these terms and conditions, Banner Owl is selling the products ordered by the customer “as is,” “with all faults,” and without warranty. In no event shall Banner Owl be liable under tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages. Banner Owl’s aggregate liability to customer in connection with any order shall in no event exceed the amount paid by the customer to Banner Owl for such order (exclusive of shipping fees).
14. Governing Law – By visiting or purchasing from Banner Owl, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Banner Owl.