TERMS & CONDITIONS
1. QUOTATIONS. A quotation not accepted within fifteen (15) days may become null and void.
2. ORDERS. Orders, verbal or written, cannot be cancelled except upon terms that will protect LexPrint from loss. No waiver, alteration or modification of any of the provisions hereof shall be binding unless in writing and signed by a duly authorized representative of LexPrint in the event the client issues a purchase order or memorandum or other instrument covering the services subscribed to, it is hereby specifically agreed and understood that such purchase order, memorandum or instrument is for the client's internal purposes only and any and all terms and conditions contained therein, whether printed or written, shall be of no force or effect.
3. ORDER ACCEPTANCE. The receipt of an email or electronic order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. Lexprint reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide services exists between You and Lexprint until Lexprint exercises the authorization to charge your credit card or other account, and the charge is validated and accepted by Your credit card company or other account.
4. CLIENTS' ORIGINALS OR OTHER PROPERTY. In the event any original document received by us or other property in the possession of LexPrint is damaged or lost by us, our liability shall be limited to the duplication by whatever means we choose, including photographic technique, of such lost or damaged original document. You will cooperate with us in furnishing whatever information we may need to effect such duplication. Duplication will be your exclusive remedy for breach of this agreement. Lexprint will not be liable for incidental or consequential damages. In addition, client agrees to hold LexPrint harmless from all loss, cost, expense or damage for all claims asserted by third parties against Lexprint. Any property of client left in the possession of LexPrint for more than five (5) days shall be considered abandoned and may be disposed of by LexPrint. If a client requires LexPrint to store files beyond 5 (five) days, client agrees to pay file storage charges.
5. PRICE. The price for any and all work shall be based upon our current prices at the time of production. Prices, Materials, Equipment, Options and product availability are subject to change without notice and at the sole discretion of Lexprint. Our charges shall be based upon our determination of the square footage involved, based upon our standard method of calculation. Lexprint may also change or impose fees for products and services provided through the Site at any time in its sole discretion.
6. TERMS OF PAYMENT. Client agrees with LexPrint to pay for all orders upon receipt of transaction confirmation. Each order is billed as a separate transaction and are payable uppon receipt. After the end of each month, at Lexprint's discretion, you may receive an itemized statement of your account activity listing each transaction, the billing date, project name/number if provided, and the amount due. The balance due on the account will be charged by the 5th of each month to the credit card on file. Checks (if agreed payment by Lexprint) are to be received by the 10th day of the month. Charges accrued, but not paid by the 10th day of the month will be considered delinquent and subject to finance charges at the rate of 18% interest per annum (1.5% per month with a $5.00 minimum finance charge), or the maximum allowed by law, on any balance not paid by the due date. Any charges not disputed in writing, within five (5) days of transaction date will be deemed correct and payable in full, as charged, by the due date. Accounts which are sixty (60) days past due will automatically be placed on COD. In the event we must commence proceedings to collect any accounts past due, the Client agrees to pay collection expenses, including reasonable attorney's fees and court costs. If you have any questions regarding your statement, please email our Customer Account Services Department at accounting@lexprintusa.com for clarification and assistance.
7. SECURITY FOR PAYMENT. As security for payment of any sum due or to become due, LexPrint shall have the right, if necessary, to retain possession of and shall have a lien on all client property in Lexprint's possession, including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien.
8. THIRD PARTY INVOICING. Client requests that third parties be invoiced for work will be honored with the express understanding that the client making such requests remains primarily liable.
9. DELIVERY. Unless otherwise specified, all orders are placed without storage, F.O.B. Lexprint's facility. Client assumes full responsibility for all materials received from LexPrint. In the event of any delay in our performance, due in full or in part to any cause beyond our reasonable control, we shall have such additional time for our performance as may be reasonably necessary under the circumstances. The client shall waive any claims for damages on account of any delay in delivery of any work.
10. CLAIMS. Any action for breach of this agreement or for any other action arising out of, in connection with, or resulting from this agreement must be commenced within one year after the cause of action shall accrue, and no such action may be maintained which is not commenced within such period.
11. SUSPENSION OF PERFORMANCE. You agree that Lexprint may, under certain circumstances and without prior notice, immediately terminate your Lexprint account. If in our judgment reasonable doubt exists as to your financial responsibility, or if you are past due in payment of any amount owing to us, we reserve the right without liability and without prejudice to any other remedies, to suspend our performance, decline to ship, or stop any work in progress until we receive payment of all amounts, whether or not due, owing to us, or adequate assurance of such payment. Further, you agree that all terminations for cause shall be made in Lexprint's sole discretion and that Lexprint shall not be liable to you or any third-party for any termination of your account
12. TOLERANCES. All work shall be subject to tolerances and variances consistent with usual trade practices and the equipment used.
13. INFRINGEMENT INDEMNIFICATION. The client shall indemnify and hold harmless LexPrint from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against LexPrint on grounds alleging that the reproduction violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that LexPrint has contributed to the matter. The client agrees to, at the client's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought LexPrint, provided that the LexPrint shall promptly notify the client with respect thereto, and provided further that LexPrint shall give to the client such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
14. CANCELLATION. Lexprint reserves the rights to modify, suspend, or terminate any aspect of this agreement and the services enabled thereby at any time without notice. Lexprint shall not be liable to client or any third party for termination of service.
15. ENTIRE AGREEMENT. The terms set forth herein constitute the sole terms and conditions of the contract between you and Lexprint. No other term, condition, or understanding, whether oral or written, shall be binding upon Lexprint unless hereafter made in writing and signed by a Lexprint authorized representative.
16. DEFICIENCIES. Claims for defects, damages or shortages must be made by client in writing within a period of 24 hours after receipt of the work. Lexprint's liability shall be limited to replacement of the requested work or the stated selling price of any defective goods, and shall in no event include special, incidental or consequential damages, including profits (or profits lost). Client agrees that no refund will be granted unless materials are returned within five (5) days with transaction receipt to the facility where purchases were made and in original sales condition. LexPrint expressly denies any and all warranties of fitness and merchantability.
17. 3rd PARTY BILL-TO's. Lexprint does not accept orders billed to businesses or individuals other than the account holder.
18. MODIFICATION OF TERMS. Any access or use of Lexprint's services by you shall constitute and be deemed to be your acceptance to the Terms and Conditions.
19. REMITTANCE ADDRESS. All payments should be directed to:
Lexprint, L.L.C.
7190 S.W. 47th St.
Miami, Fl 33155
Need Help?
The offices and production facilities of Lexprint can be reached at:
7190 S.W. 47th St.
Miami, FL 33155
(305) 661-2424
