THE FOLLOWING IS A CONTRACT BETWEEN THE 42nd Floor LLC AND THE PERSON(S)/ ORGANIZATION IDENTIFIED ON THE REVERSE AND REFERRED TO AS “CUSTOMER” WITHIN THIS DOCUMENT. THIS SERVES AS THE ENTIRE AGREEMENT.
The 42nd Floor LLC respects your privacy. The 42nd Floor LLC does not buy, sell, rent, lease, hock, barter, donate, or share personal information, email addresses or identifiable information regarding its customers in any way. Any information collected regarding our customers is held with the utmost care and security and will not be used outside The 42nd Floor LLC without your notification and permission.
The 42nd Floor LLC charges a $30.00 fee for any returned checks. Any fees, legal or non-legal, occurred in the collection process will be charged to the party responsible. Orders placed using credits cards/debit cards are subject to this policy.
The 42nd Floor LLC reserves the right, without prior notification, to refuse service to any one or limit the order quantity on any items we deem necessary. Verification of information prior to the acceptance or any order may be required. No international orders will be accepted.
Written proof approvals are required on all orders before The 42nd Floor LLC will begin any production on the project. Verbal approvals are no longer accepted. Proof Approval constitutes acceptance and full responsibility for all errors, omissions and legal and ethical compliance of proof. The 42nd Floor LLC will not accept liability for errors or omissions overlooked by customer during proofing. Upon approval of the proof the client assumes full responsibility for the entire balance of the project.
Customer Supplied Garments
All of our products are tested thoroughly so that we can provide only the best. The 42nd Floor prefers to work with items from our distributors so that we can ensure quality, durability and easily replace in the event of an error.
Customer Supplied garments can not be guaranteed in any way. Payment in full is required before proofing or printing can begin on supplied orders. In the event of a production error or damage to the item, The 42nd Floor will not replace the supplied item nor issue refund(s) for materials used or time spent on the project.
Original Artwork and Design
The 42nd Floor LLC owns and reserves all rights to any original artwork. Use of original artwork by the 42nd Floor team members without permission is strictly forbidden and punishable by law.
Files used for purchased projects are available to customers for a $35 file transfer fee. Resolution, file format and compatibility can not be guaranteed. For specific branding and/or design needs, design-only services are available with a Lead Designer for a rate of $65/hour with an hour minimum.
Bulk, Group and Greek Rates
Bulk rates are given based on the total garment quantity of each individual order. Subsequent orders of identical products (less products size and/or product color), placed by the same group, organization or business, will have previous order quantities considered when determining appropriate bulk discount rate. Once 100 pieces of an identical product (less products size and/or product color) has been purchased, subsequent orders will be given “Group” or “Greek” rates. Group rates are only good on re-occurring orders with identical (less products size and/or product color) specifications exceeding 10 pieces. Alterations to production method, design, stock, etc are subject to price change.
Bulk, Group and Greek rates are recorded under the group, organization or business receiving the discount.
Any individuals ordering outside of bulk orders will be charged at retail rates.
The 42nd Floor LLC has full rights to determine eligibility of a group, business or organization to be charged at bulk, "Group" or "Greek" rates.
Deposits, Invoices and Payments
A 50% deposit is required on all orders before special ordering or production can begin. Delayed orders as a result of delayed deposit payment will not be rushed to meet any given deadline. Individual Orders (orders less than 5 pieces) require a deposit before a proof will be generated. Orders placed by groups or organizations paying through approved business or institutions may also waive mandatory deposit and pay full balance at pickup upon providing The 42nd Floor with an approved Purchase Order. Net 30 can be set up for a business or organization upon request (email@example.com), however each individual order must be approved for Net 30 terms prior to processing.
Invoices are issued upon request.
Special Orders and Rush Orders
Special orders for merchandise not stocked are made once weekly. Time-sensitive orders that must be placed outside of the weekly inventory order are subject to any resulting shipping fees.
Special orders that exceed 60 garment pieces may be placed outside of the weekly inventory order with no additional fees.
Rush DTG, Monogram, Embroidery and/or vinyl orders that require The 42nd Floor to break their standard production schedule are subject to a $10 rush fee.
Rush Screen-printing orders that require The 42nd Floor to break their standard production schedule are subject to a $25 rush fee per day.
Order Cancellations and Returns
Blank merchandise orders may be canceled before shipment is made. These items usually ship within 3 business days from the order date. A 15% restock charge will apply on canceled blank merchandise orders. 85% of the order cost will be credited to the customer’s credit card upon receipt of order cancellation. A request to cancel a blank merchandise order may be called in to 478.295.2622.
Embroidered, decorated, or personalized items may only be canceled prior to production. A 30% restock charge will apply on canceled orders prior to their decoration. 70% of the order total will be credited to the customer’s credit card upon receipt of order cancellation. Requests to cancel a decorated merchandise order may be called in to 478.295.2622.
We strive to satisfy our customers and will make every effort to correct our mistakes. Decorated items cannot be accepted for return unless defective, damaged or incorrect items shipped. Samples to verify color and sizing are available for inspection by customer prior to placing final order by request. Call or write within 7 days of receipt of defective decorated or any blank merchandise for a Return Merchandise Authorization (RMA) number which must be clearly labeled on the outside of the box of any authorized returns. Any items returned without an authorization number will not be credited or returned. Return shipments are at customer’s expense. Shipping charges are non-refundable. Returns should be addressed as follows:
The 42nd Floor LLC
RMA # __________________
105 W Hancock St.
Milledgeville, GA 31061
Shipping and Pickup
Orders may be shipped upon request to anywhere in the United States. Orders placed online have standard shipping rates based on products ordered. Orders placed in-store or remotely are shipped at rates based on weight and packaging. For an exact quote, please email us at firstname.lastname@example.org.
Upon completion of any project, a team member will call the project contact. In the case of no project contact response, an email will be sent to the same email address the proof was issued. Failure to pickup an order or arrange for shipment after 90 days may result in the recycling/disposal of the garment(s).
Right to Use Trademarks
The customer represents and warrants to The 42nd Floor that he/she has the right to use, copy and distribute each trademark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to printed on, sewn, or otherwise applied to the products ordered by the user or customer from The 42nd Floor.
The user/customer warrants that, in obtaining the material and submitting it to The 42nd Floor for reproduction, he/she has not violated the property rights of a third party. The user/customer further agrees to indemnify and hold harmless The 42nd Floor and its owners, officers, employees and agents from any suit, demand, claim, loss, liability, damage or expense made against The 42nd Floor by reason of breach of this warranty, and also agrees to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorney's fees incurred by The 42nd Floor in defending against any such suit, demand or claim. The burden of determining that any material is not protected by trademark or other proprietary right rests with the user/customer. The user/customer is solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed upon by the use of any material protected by trademark, service mark, copyright or other proprietary rights.
A customer may not use any logo or other graphic material in a manner that may infringe upon copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. The 42nd Floor assumes no responsibility for damages or any wrongdoing that the customer may cause using a logo, trademark or copyrighted item. The customer further agrees to indemnify and hold The 42nd Floor harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by The 42nd Floor by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on, sewn or otherwise applied to merchandise ordered or purchased by the customer through The 42nd Floor .
YOU WILL BE ASKED TO AGREE TO THESE TERMS AT THE TIME OF YOUR ORDER BY SIGNING THE FOLLOWING WAIVER IN-STORE or VIA EMAIL:
By signing this waiver you agree to the policies & terms stated on http://www.the42ndfloor.com/pages/policies and understand that you are placing an order for goods and/or services. You agree to be legally bound and to abide by the following terms. The 42nd Floor reserves the right, at any time, to change, modify, alter, or update the terms and conditions, as deemed necessary. By accepting this document, you also agree to follow the terms and conditions set forth by those changes. Any changes or modifications are effective immediately upon notice thereof, as published and/or posted within this document or on our web site.
I understand and accept the terms of this agreement.
Print Name: _______________________________________
Signature: __________________________ Date: _________