SCREENPRINTING SERVICE CONTRACT
DATE: 05/30/2011
Creator – Emulsion LLC
Client/Manufacture –Individual or Company transacting deposit/full payment/Emulsion Apparel
(ITEM “A”) Description:
This document shall be deemed as a legally binding contract between
Marketer/Manufacture:
(ITEM “B”) Explanation:
Type of medium/product types: Printed Textiles, or any medium Manufacture is hired to work upon.
Category of use: Manufacturing Contract for textile, apparel, paper, wood, or any medium deemed printable by Manufacture.
Third Party Licensing: This contract is not transferable to a third party company or person for any reason without both parties being in agreement. (If Marketer/Manufacturer cannot meet production to meet the scheduled production of purchasing contracts/ sales in a timely fashion, a modified agreement can be made with outside parties and will documented as sub contract work. It shall be the duty of Marketer/Manufacturer to see to it that all contract obligations are held up by any third party production facility. This shall be in the form of a secondary contract between the two parties (herein) and the additional third party. The secondary (third party) contract shall not supersede the original contract. All third parties shall also be subject to quarterly invoice/sales/units reviews per design.
REPRODUCTION LICENSE granted:Client/Manufacture: Emulsion LLC
has a license to produce quantities of units or programs (groupings of multiple designs as a set) upon the client placing each order. Manufacture agrees to only print quantities instructed by Client, as well as any backup items to guarantee misprinted items being accounted for.
Upon the Manufacture (Emulsion LLC) receiving deposit or full payment from Client, Client agrees to the following terms and conditions based on the following return policy:
Emulsion LLC agrees to pay full amount to Client for the wholesale garment and the cost of printing if the item is defective, misprinted in a manner deemed “unsellable(see a).”
If an item is disputed as unsellable, Emulsion LLC has 100% authority (final word) to deem each item as sellable or unsellable.
Unsellable will be decided by Emulsion LLC based of printing abilities of the studio and equipment - an item misprinted to the extent of it being uncured, non-legible, or unrecognizable from the original graphic, (excluding bleeds, “crisp” edges, fine line work’s non-printing, off-color choices, or inability to produce the graphic at the exact size specifications.
If an item is deemed “unsellable” by Client, Emulsion LLC is not liable to reimburse Client for the wholesale garment, or the cost of printing.
Emulsion LLC agrees to give specific discounts on unsatisfactory orders if appropriate.
Emulsion LLC is not liable for reimbursement for misprinted, or unsatisfactory garment’s purchased by Client from an outside party.
Payment Schedule:
Payment is due in form of a 50% deposit, or full payment upfront of the invoiced job by Emulsion LLC. Emulsion LLC has the right to put a job “on hold” due to a non-payment or non-received deposit or full payment, with no breach of contract based on original in-hand dates discussed.
REMEDIES:
All disagreements and or breach of contracts shall be remedied through a mutually approved third party mediator that may or may be appointed by a judge or an arts mediation service. All legal expenses and research cost will be paid by each party individually. If the two parties cannot reach reconciliation, a decision must be reached via the court system and the proven infringing party will be responsible for all legal fees. All remedies shall be held in the state of Florida and in a mutually agreed county.
CURE PROVISION:
The infringing party will have 30 days to cure or resolve a problem before mediation or legal action can be taken.
Note: This is a contract for art services and shall not be considered as “Work For Hire” .