This Supply and Payment Terms and Conditions, in conjunction with any credit application, if applicable, and accepted price quote, sets forth the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding between the parties, whether written or oral. An order is only deemed to have legal effect if acknowledged in writing by Featurrl management. Any agreements or changes to orders between customers and Featurrl employees are only effective when acknowledged in writing by Featurrl management.
All prices are quoted net and do not including any state or federal tax. The quoted prices are subject to supply of all necessary customer designs which must be graphically processed in compliance with any instructions provided by Featurrl. The current hourly rate shall be charged for any requested amendments or necessary graphical processing. Featurl reserves the right to amend prices should there be an increase in material or wage costs, between order and delivery.
If a specific delivery date has been agreed upon, the customer must ensure that Featurl receives in sufficient time, any designs and computer files required for processing the order. In supplying printed data, the customer warrants that there is no infringement of copyrights, trademark rights or other protected property rights of third parties. In the event customer has infringed upon a third parties’ copyright, trademark or other protected property rights, customer agrees to indemnify and hold harmless Featurl from any and all claims arising out of their infringement. All drawings, drafts, provisional templates, films, computer files or other design material prepared by Featurl for the processing of the order shall remain the property of Featurl and may only be passed on to third parties on approval from Featurl. Materials relating to the order will be kept for 2 years in the form of films and/or drawings. Subsequent orders will be subject to a charge of the then current hourly rates to reactivate these designs.
Customers Designs, Deviations, Excess or Short Supply
If items are to be produced using customer designs, Featurl will reproduce such designs as precisely as possible. Featurl reserves the right to make minor deviations in color or representation that may result from technical limitations of textile printing and from differing colors on different types of background materials. Such deviations do not constitute grounds for canceling an order, refusing delivery, or refusing to make payment. This also applies to deviations between pre production samples and series production which are unavoidable. Customer further agrees to accept any customary excess or short supply by up to 10% in respect to items made to order. The customers account will be adjusted accordingly at the point of shipping. If an exact quantity is required, there will be a price premium applied to the order. All digitally printed orders will receive exact quantities. Deviations in width and length by +/- 7% are unavoidable as a result of technical production procedures and do not constitute grounds for canceling an order, refusing delivery, or refusing to make payment.
The supply periods quoted and prescribed are non-binding, unless Featurrl has given an express written guarantee that the delivery period will be observed. The quoted supply date usually refers to the date of shipment from Featurl or manufacturing facility. If the supply date is exceeded, the customer agrees to an extension period of 30 days for completion and subsequent performance of the contract and cannot rescind the contract or cancel the order, or seek damages until the extension period has passed. The scope of such damages is set in paragraph 9. All goods are shipped at the expense and risk of the customer. All transportation and packaging costs will be paid by the customer. Featurrl shall not be liable if there are any delays in production or supply or if such production or supply becomes impossible for reasons outside Featurrl's control, such as customer’s failure to timely supply necessary materials or drawings. Featurl reserves the right to make partial deliveries, and invoice for the items actually delivered. We reserve the right to adjust shipping methods based on production volume to meet your delivery date without refunding production or shipping charges.
Supply of Flagpoles & Large Pictures
When supplying flagpoles, Featurrl accepts no responsibility for the necessary technical requirements being met or for associated hardware. Customer is responsible to erect flagpoles, and have the supplies and knowledge to do the same. Large fabric pictures are subject to varying weather influences, especially when positioned outside. Fabrication and erection technology have a decisive influence on proper and safe use of the product. Consultation of a project manager with knowledge of local conditions is always recommended. Featurl’s product warranty is limited to resistance to tearing, light fastness and washability under laboratory conditions. For product surfaces less than 25 square meters, the customer should request Featurl’s production and erection recommendations before placing an order. For product surfaces in excess of 25 square meters, the customer must always arrange for planning work to be done prior to placing an order. Featurl will not be liable for any failure of the customer to consider specific application conditions and/or improper erection/use.
Reservation of Ownership
All goods supplied to customer remain the property of Featurl and Featurl shall have a lien on said goods until all outstanding invoices have been paid in full. The customer is permitted to re-sell the conditional goods, provided their financial condition has not changed and notice is given to Featurl. Customer hereby assigns to Featurl any and all rights associated with the re-sale of the conditional goods. In the event of re-sale and assignment, customer agrees to fully cooperate with Featurl and provide all necessary information and documentation requested by Featurl.
In the event of a breach of contract, Featurl’s liability is limited to foreseeable losses up to the amount of the purchase price payable. Featurl cannot be held liable for damages caused by acts beyond its control, including, without limitations, improper handling, installation, extremes in weather conditions, vandalism, accidents, or Acts of God.
Customer agrees to the recording and processing personal or corporate data in a database, to be used only by Featurl. All data collected and stored will not be shared with third parties without written consent from the customer, or court order.
Featurl will extend credit to approved customers who complete the credit application set forth below. By completing a credit application, customer is requesting that Featurl sell goods on account.
Payment, Service Charges
If Credit Account was approved and if not otherwise agreed customer agrees to pay for all goods purchased within 30 days after product completion. Customer agrees to pay a service charge on any balance not paid within 30 days of product completion. The service charge shall be 12% per month on all outstanding accounts. For goods paid within 8 days from the invoice date (for compliance of this time limit, Featurl must have payment received within 8 days), a discount of 2% shall be granted unless otherwise agreed. The deduction of discounts shall not be permitted if invoices previously sent to the customer are outstanding and their due date for payment has been exceeded. Setting off amounts against counterclaims shall not be permitted unless the counterclaim is indisputable and determined in a legally effective manner.
In the event customer is in default under these terms and conditions, and Featurl takes legal action to collect on the account, customer shall be liable for Featurl’s reasonable attorney’s fees, court costs, service fees, and bond or lien costs, if any.
In the event customer is not a corporation, but rather a partnership or sole proprietor, the principal owners thereof shall act as guarantors or sureties on the account, and shall remain personally and individually liable for any indebtedness incurred.
Warranties & Disclaimers
Although Featurl has attempted to provide accurate information on its web site, Featurl assumes no responsibility for the accuracy of the information. Featurl may change the services or products mentioned at any time without notice. Mention of non- Featurl products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
Except as expressly provided otherwise in a written agreement between you and Featurl, all materials and services on this site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Featurl makes no warranty that:
the services and materials will meet your requirements,
the services and materials will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of the service or materials will be effective, accurate or reliable,
the quality of any products, services, or information purchased or obtained by you from the site will meet your expectations.
This site could include technical or other mistakes, inaccuracies or typographical errors. 3 Featurl may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and Featurl makes no commitment to update such materials or services.
Featurl assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either express or implied.
In no event shall Featurl or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Featurl has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
This site contains links to third-party web sites that are not under the control of Featurl. Featurl makes no representations whatsoever about any other web site to which you may have access through this site. When you access a non- Featurl web site, you do so at your own risk and Featurl is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Featurl provides these links merely as a convenience and the inclusion of such links does not imply that Featurl endorses or accepts any responsibility for the content or uses of such web sites.
This site can be accessed from other countries around the world and may contain references to Featurl products, services, and programs that have not been announced in your country. These references do not imply that Featurl intends to announce such products, services or programs in your country.
Your Personal Information
You have the right to access and correct your personal information. This may be accomplished either by e-mail (support@Featurl.com), fax or phone. Please include your name, address, and/or email address when you contact us. Please note that Featurl is not responsible for the content or privacy practices of non- Featurl web sites to which any Featurl web site may link.
The materials and services on this site are protected by copyright and/or other intellectual property laws and any unauthorized use of the materials or services at this site may violate such laws. Except as expressly provided herein, Featurl and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the materials and services.
Except as specifically permitted herein, no portion of the information or documents on this site may be reproduced in any form or by any means without the prior written permission of Featurl.
Notification of Copyright Infringement
Featurl will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide Featurl’s Copyright Agent a Notice containing the following elements:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
A description of where the material that you claim is infringing is located on a Featurl site and the name of that site;
Information sufficient to permit Featurl to contact you, such as your physical address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
The trademarks, logos and service marks ("marks") displayed on this site are the property of Featurl. You are not permitted to use the marks without the prior written consent of Featurl or such third party which may own the marks. Featurl and the Featurl logo are trademarks of Featurl.
If you prefer not to receive cookies on the Featurl site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.
Limitation of Liability
You expressly understand and agree that Featurl shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Featurl has been advised of the possibility of such damages), resulting from:
The use or the inability to use the site;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the site; or
Any other matter relating to the site.
In no event will Featurl be liable for:
Any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Featurl or its authorized representatives have been advised of the possibility of such damages.
Any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France