Terms and Conditions for Tier One Graphics

Welcome to Tier One Graphics! These Terms and Conditions outline the terms of service for our products and services. By accessing our website, placing an order, or using our services, you agree to comply with these terms. Please read them carefully.

Proofing: For all projects, we will provide you with email proofs for your review and approval. Proofs are mandatory, and no additional work will be performed until the proof is approved in writing. It is your responsibility to carefully review and confirm all details, as we will not be held responsible for any errors or discrepancies on approved proofs. Any requests for changes must be made in writing and may be subject to additional fees and timeline adjustments. Verbal approvals will not be accepted.

Color: We strive to produce all colors to the best of our ability, within industry standards and technical limitations. However, please note that there may be variations between color proofs and the final product due to differences in monitors, color profiles, and other factors. Such variations within acceptable limits will be considered acceptable performance. If color matching is critical for your project, please work with our representative to provide actual material samples. Additional fees and time may apply for color-matching services.

Production Materials: We reserve the right to substitute equivalent or upgraded materials for any product ordered, at no additional charge, unless otherwise stated in the order details or special instructions. If substitutions are necessary, we will inform you accordingly.

Billing and Payment: Unless otherwise stated on our official invoice, all projects must be [50%] paid prior to production unless otherwise agreed upon by our Project Manager. We accept payment by credit card, check, or wire transfer. Please note that credit card payments are subject to a fee of at least three percent (3.0%) added to the customer invoice. E-check payments made through our website may result in a processing delay of up to five days.

Creative Services: For significant design consultations, design time, or other creative efforts, a retainer commensurate with the scope of the proposed project will be required in advance. Upon full payment of all invoices, you will possess the copyright of all creative work completed on your behalf. Files will be provided upon request, and additional fees may apply. Please note that we cannot guarantee the availability of files after twelve months of project completion.

Refunds and Returns: We strive to provide high-quality products and services. If for any reason you are unsatisfied, please contact us within [7] days of receiving your order. Refunds or replacements will be evaluated on a case-by-case basis. Qualifying for a refund will depend on factors such as the nature of the product or service, compliance with our approved proofs, and adherence to our policies.

Stop Payments and Chargebacks: You agree not to issue a stop payment, chargeback, or any form of withdrawal of funds without our prior written consent. In the event of unauthorized payment disputes, you will be responsible for reimbursing us for any collection and legal fees incurred, in addition to the amount of the disputed payment and credit card transaction fees.

Shipping and Risk of Loss or Delay: If goods are shipped to you or a designated recipient, we will choose the most appropriate shipping method to ensure delivery by the intended due date. While we will make every effort to ensure timely and secure delivery, please note that we cannot be held responsible for any damages, theft, or delays that occur after the goods have left our facilities.

Inspection of Delivered Products: Upon receiving your order, it is your responsibility to fully inspect the packages and note any damage or concerns on the shipping receipt before signing and returning it to the driver. Additionally, please document any damage with photographs or videos and notify us within 24 hours of receipt.

Claims: Any claims for defects, damages, or shortages must be made in writing at the time of delivery or completion of installation. If no such claim is made, it will be understood that the job has been accepted. By accepting the job, you acknowledge that our performance has fully satisfied all terms, conditions, and specifications. Please thoroughly inspect the packages upon delivery and note any damage on the shipping receipt. Additionally, document any damage with photographs or videos and notify us within 24 hours of receipt.

Reprints and Alterations: If we are at fault for a production or installation error, we will reproduce or reinstall the affected portion of the project at our cost using the originally provided file. However, any requested changes to the artwork for the affected part of the order will be treated as a new item and billed at full retail price.

Permitting: It is your responsibility to secure all necessary permits from the authorizing county or city for the installation of signs unless specified as a separate line item in our contract. You assume all liability for any damages caused by the sign(s) or their attachment to the premises. Permit-related charges will be billed separately at cost and are reimbursable to us. 

Installation of Provided Products: If we are hired to install graphics or materials that have not been produced by us, we will not be responsible for any defects, missing products, installation failures, or liabilities related to the provided products. In such cases, we are considered contract laborers and will not be responsible for product reimbursement, replacement, or repairs. The client who hired us for installation will be responsible for any additional expenses incurred beyond the original scope, including multiple trips and additional time.

Warranty/Defective Work/Repairs; Limitations of Remedies: Our liability is limited to the stated selling price of any defective goods. We are not liable for special, consequential, incidental, indirect, or similar damages, including lost profits and opportunities. We warrant that our products meet industry standards and are free of material defects in workmanship. This warranty is in lieu of all other warranties of fitness for a particular use and merchantability. No other warranties are made, and actions or statements by our employees or agents shall not constitute a warranty.

Indemnification: You represent that you have the legal right to produce all printed materials ordered from us. We are not liable for any damages resulting from copyright violations or illegal use of trade names or slogans. You guarantee the legal title of all submitted matters. In the event of a claim arising from alleged wrongful acts, copyright infringement, or defamatory content, you agree to indemnify and hold us harmless from any loss, damages, costs, and expenses, including legal fees.

Governing Law and Jurisdiction: Any dispute or claim arising out of or relating to these Terms and Conditions or any alleged breach thereof shall be governed by and construed in accordance with the state laws of North Carolina. Any legal action or proceeding arising out of or relating to these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

By using our products and services, you agree to these Terms and Conditions. It is your responsibility to review them periodically for any updates or changes. If you have any questions or concerns, please contact us for further assistance.