Limited Time Warranty Agreement
LOST
SOULS TATTOO – SIGN PRODUCT INFORMATION
NOTICE
TO CUSTOMERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF
THE PRODUCT ITEM(S) PROVIDED WITH THIS AGREEMENT (THE
"SIGNAGE/DECALS") CONSTITUTES YOUR ACCEPTANCE OF THESE
TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
INSTALL AND/OR USE THESE PRODUCTS. USER'S USE OF THESE
PRODUCTS IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF
THIS AGREEMENT.
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LICENSE
GRANT. LOST SOULS
TATTOO grants you a license to install one
item of the vinyl product on any one destination for a licensed
limited time warranty of 3 months, 6 months locally. "You"
means the company, entity or individual whose funds are used to pay
for the vinyl product you purchased. "Use" means storing,
installing, or displaying the vinyl product. You may not modify the
product or disassemble any portion or feature(s) of the vinyl
product except as an intended part of the vinyl products designed
features. This means cutting seams for doors, trunks, hoods, windows
or a reasonable condition in element.
This
vinyl product(s) is not transferable to any other person or to
another organization or individual 'with warranty' unless you
purchased the product as a graphic supplier or distributor under a
wholesale agreement or otherwise noted and agreed upon
condition.
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DESIGN
OWNERSHIP. The vinyl product design(s) is owned and copyrighted
by LOST SOULS TATTOO Your license confers no title or
ownership in the design and should not be construed as a sale of any
right in the product design(s). Customers that order custom and have
provided the exact plotter ready design(s) of their creation(s) to
our company LOST SOULS TATTOO are safeguarded against our
(L.S.T.) use of the design in any way whatsoever, unless by
consentual agreement from both parties with signed contract. LOST
SOULS TATTOO will archive the design in a digital file format
for a period of 2 years.
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COPYRIGHT.
The vinyl product is protected by Canadian copyright law(s) and
international treaty provisions. You acknowledge that no title to
the intellectual or physical property in the vinyl product is
transferred to you. You further acknowledge that title and full
ownership rights to the vinyl product will remain the exclusive
property of LOST SOULS TATTOO and you will not acquire any
rights to the vinyl product(s) except as expressly set forth in this
limited time warranty license agreement that you are reading, right
now. You agree that any replication of the design(s) in any media
format be it digital, a hand drawn facsimile, distributed via email,
is illegal and offenders will be prosecuted and this agreement will
be used in the court of law against you.
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NO
OTHER WARRANTIES. LOST SOULS TATTOO does not warrant that
these vinyl product(s) are error free against factory imperfections.
It is agreed that you the purchaser of the vinyl product(s)
understand that unless indicated prior to purchase on the vinyl
products description page online, or in the hardcopy catalogue,
that the vinyl product is 'hand airbrushed' or plotted and that
human limitations exclude any claims against human errors. LOST
SOULS TATTOO disclaims all other warranties and can not be used
with other warranties, EITHER EXPRESSED OR IMPLIED, including but
not limited to implied warranties of merchantability, fitness for a
particular purpose, and non-infringement of third party rights. Some
jurisdictions do not allow the exclusion of implied warranties,
limitations on how long an implied warranty may last, or the
exclusion or limitation of incidental or consequential damages, so
the above limitations and exclusions may not apply to you.
THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
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NO
LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LOST
SOULS TATTOO. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE VINYL
PRODUCTS, EVEN IF LOST SOULS TATTOO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LOST SOULS TATTOO
BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE WARRANTY APPLIED TO YOU, IF ANY.
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GOVERNING
LAW. This warranty agreement will be governed and construed in
accordance with Canadian law, and any dispute arising under this
agreement or in connection with the vinyl product(s) shall be
submitted to the exclusive jurisdiction of the Canadian courts, save
where LOST SOULS TATTOO otherwise agrees. No variation,
amendment of or addition to this license shall be effective unless
LOST SOULS TATTOO’s prior agreement in writing shall have been
obtained.
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CONSUMER
RIGHTS: Upon clicking the 'Order' button or the 'Buy Now' button
or accepting the invoiced proof of purchase in hard copy form, you
are agreeing that you have fully researched the products you are
interested in and that you understand what it is that you the
customer have purchased. Further more, you are agreeing that you
understand your rights as a customer and agree to our terms of
business and of our limited time warranty exclusively without
exception. You are agreeing to the understanding that ALL SALES
ARE FINAL and NO REFUNDS apply to you whatsoever. It is
possible that as a supplier or distributor of vinyl graphic
products that you will be charged a 're-stocking fee' if the
products you purchased are incorrect as to their item description,
quantity, quality, or the supplier's ability to purchase the
products in whole or part. No credit is ever applied to any customer
unless it is agreed upon prior to the purchase with written consent,
agreement and signature.
Items
that are incorrect for suppliers and distributors shall be returned
promptly and shipping paid for without C.O.D. for item
replacement.
Absolutely in no way whatsoever shall monies be returned to you the
supplier/distributor, however replacement
products (if even in
credit) shall be administered to you the supplier/distributor and may
be subject to a date of expiry.
8. COMPANY
POLICY: It is agreed and understood that LOST SOULS TATTOO
WILL NOT condone or hold valid any limited time
warranty if
a vinyl product is installed on a final destination that has
automotive wax present on vehicle, aftermarket window/glass
glare
or de-icing products, dirt, grit, grime, residue, gasoline, oil(s),
auto body repair work, bio or chemical waste, wax pencil aids,
sign
shop soaps, or even dish soaps, adhesive aids such as offered by
vinyl roll stock distributors and suppliers, or silicone(s) or
glues. It is in our opinion that all of these items not only damage
but reduce the life expectancy of the product on its final
destination. LOST SOULS TATTOO stands by the principle that
these products and or items are unnecessary with the vinyl
product(s) if the products purchased are applied carefully and
skillfully. Any evidence of ANY OF THESE ITEMS will VOID your
limited time warranty permanently and utterly.
To
the supplier and or distributor: If it is your company policy to use
ANY of these items mentioned above, you are agreeing to
our terms
that you the supplier/distributor that you are forfeiting
your LOST SOULS TATTOO limited time warranty of 3 months
(for you and your customer) and it is soley and utterly in your hands and
responsibility to cover ANY warranty to the customer
that you close
a sale or contract for with or without installation, prior to, in
writing to your customer with consent and
prior knowledge.
Absolutley in no way or event will LOST SOULS TATTOO be
liable for any limited time warranty condition
or term(s) set by you
the supplier/distributor and the implied (if any) warranty is
utterly in the hands of 'You' the
supplier/dustributor and removes
LOST SOULS TATTOO completely from any wrong doing or
affiliation with you the
supplier/distributor with respect to any
warranty.
9. CARE
AND MAINTENANCE: Vinyl products
are considered a temporary and not permanent aftermarket product(s)
whether
they are airbrushed or not. Chrome or any specialty vinyl
roll stock is not covered under warranty. If you the installer
install the product on a surface not covered by LOST
SOULS TATTOO's
terms (See
clause 8), you the customer, distributor
or installer will VOID your
warranty. To wash or clean your vehicle, always hand wash your
vehicle with mild detergent gently.
Using detergents after
installation and after the vinyl adhesive has set (8-24 hours) will
not void your warranty. Pressure
washers, car wash bays, or any
abrasive tool used to scrub your vehicle will void your warranty.
Third party abuse
of care and maintenance of your vinyl product (ie.
rental vehicles, courtesy cars. commercial fleets) will not be
covered
by warranty unless it is by an insurance claim or by
circumstances out of your third party's control (ie. Getting doored
in a
parking lot, vandalism). Contact your sign shop supplier /
manufacturer for specific terms of third party use and consent
of
upholding warranty.
10. ENTIRE AGREEMENT.
This is the entire agreement between you and LOST
SOULS TATTOO which supersedes
any prior
agreement or understanding, whether written or oral, relating to the
subject matter of this licensed limited time
warranty agreement.
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Thankyou
for your patronage,
LOST
SOULS TATTOO
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