Terms & Conditions
Terms:
1. Payment
- 25% advanced deposit with balance due upon completion of project. Projects will not be released to the client unless the outstanding balance is paid in full.
- All orders under $500 are due in full when the order is placed.
- Net Terms - must be approved prior to start of project
2. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
3. Change Order
Any changes requested by the Client shall be considered a Change Order if they are requested after the acceptance of the Final Design. Any changes and additions not due to the fault of Cool Touch Graphics and requested by the Client before the approval of one of the Final Designs are not considered a Change Order. The Client shall be responsible for making additional payments for any Change Order and any other changes in original assignment requested by the Client.
4. Cancellation/Rescheduling
In the event of Cancellation of this assignment by the Client, any payments made prior to cancellation shall be retained by Cool Touch Graphics. In addition, In the event of cancellation, Cool Touch retains ownership of all copyrights and any original artwork. There is a $200 fee for rescheduling the installation date within 24 hours of the confirmed appointment.
5. Ownership and Return of Artwork
The Client acknowledges and agrees that Cool Touch Graphics retains ownership of all original artwork, in any media, including digital files, whether preliminary or final. The Client waives the right to challenge the validity of Cool Touch Graphics' ownership of the art subject to this agreement because of any change or evolution of the laws.
6. Releases
The Client shall indemnify Cool Touch Graphics against all claims and expenses, including reasonable attorney's fees, due to Client's uses for which no release was requested in writing from Cool Touch Graphics or for Client's uses which exceed authority granted by a release by Cool Touch Graphics.
7. Modifications of the Agreement
Modifications of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized by the Client in order to progress promptly with the work.
8. Warranty of Originality
Cool Touch Graphics warrants and represents that, to the best of its knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Cool Touch Graphics has full authority to make this agreement; and that the work prepared by Cool Touch Graphics does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of CTG's product which may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD CTG HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT's USE OF CTG's PRODUCT TO EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
9. Limitation of Liability
Client agrees that it shall not hold CTG or its agents or employees liable for any incidental or consequential damages which arise from CTG's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of CTG or a third party. Furthermore, CTG disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
10. Vehicle Wrap Warranty Details
The vehicle wraps are produced using brand name quality materials, adhesives and inks with a U.V. clear film applied to prevent fading, cracking and peeling. The wraps are applied by professional applicators. The solid opaque graphic material that is applied to the vehicle body carries a manufacture warranty for a period of up to 5 years. The window graphics material that is applied to the vehicle glass carries a manufacture warranty for a period of up to 1 year. This material has over 50% of the adhesive and vinyl punched out for viewing so the adhesion level is much less. The failure or unsatisfactory performance of a graphic shall be defined as one being caused by defective vinyl and/or inks, which is defined as no appreciable deterioration in the functional performance of the product. Cracking, chalking, blistering or loss of adhesion shall constitute a breach of guarantee if they occur during the guaranteed period. Slight color fading; slight chalking or slight reduction in gloss; product deterioration due to contact with solvents, chemicals or the improper use of mechanical or hydraulic cleaning tools, extreme weather, improper washing, snow/ice removal do not constitute a breach of the warranty. Should Cool Touch Graphics’ vinyl films fail to perform or adhere correctly after specified proper use and application Cool Touch Graphics shall file a claim with the manufacturer of the vinyl for the defective material. Cool Touch Graphics requires an actual sample of any vinyl film in question, photographs of failure and proof of invoice. Product manufacture shall be the sole arbiter as to whether the deterioration of the graphic is within the normal expectancy of aging and color change, and no longer conforms to the intended purpose. If claim is denied, Cool Touch Graphics will not be held liable for any cost incurred by purchaser. Under no circumstances shall Cool Touch Graphics be responsible for any incidental or other damages outside of Cool Touch Graphics’ control of the manufactured vinyl films.
11. Production Details
Vehicle graphics are printed and staggered vertically with a small overlap. Default overlap position is determined based on maximum cost savings. Although we strive for perfection, some problem areas of the vehicle will require small patches. It is considered a normal installation practice. Window perforation parts are matched as close as possible but might look different due to variation in material.
12. Damaged Graphics Replacement Pricing
Vehicle wraps get damaged the same way as painted surfaces and need to be replaced from time to time. For that reason, we produce these graphics via computer generated files and are able to produce sections of the graphics upon demand. It is impossible to guarantee an exact color match when replacing individual sections due to inconsistencies in equipment performance. Pricing can be provided for partial graphic panels up to 60” wide.
13. Removal
Your vehicle's vinyl material should last 3-5 years, depending on how well you maintain it. When it's time to remove it, our pro installers can cleanly remove the vinyl. Price of removal will be charged by the hourly rate at the time of removal. When a price is given, it is just an estimate based on how many hours we think it will take to remove but is not the exact price. We will add a charge if vehicle removal takes longer than estimated, hours charged for removal may vary depending on how long the wrap was on and the weather it was exposed to.
Cool Touch Graphics is not responsible for the condition of the paint and body when removing old vinyl.
Due to many factors that exist prior to receiving a vehicle for a vinyl removal project, Cool Touch Graphics cannot be held responsible for any damage that has occurred prior to and/or during the vinyl removal process. Those factors include and are not limited to:
14. Aged Vehicles Liability Waiver
This liability waiver applies to all vehicles older than 5 years of age as of the date of the installation or removal of graphics. Client agrees that Cool Touch Graphics is not responsible for items broken due to normal vehicle wear. These items include but are not limited to: screws, bolts, clips, plastic moldings, windshield wiper nozzles, light assemblies, etc. Cool Touch will try to work around such areas whenever possible. Cool Touch is not responsible for any aftermarket parts.
15. Vehicle Parts Disclaimer
Factory emblems, badges, and decals will be removed as part of a seamless & clean installation process. Under no circumstances will Cool Touch Graphics be responsible for replacing any factory emblems, badges or decals if they are broken or lost during the installation. If the client wishes to keep these items, they must be removed prior to your graphic installation appointment.
16. Cleaning Fees
Vehicles must come to Cool Touch in clean and ready to wrap condition. Excessively dirty vehicles are subject to $100 per hour cleaning charge. Cool Touch Graphics will always do our very best to make sure all vehicles are properly cleaned before installation. There will always be contaminants that are left on the vehicle or are floating around in the air that stick to the adhesive via static electricity. For best results, please have your vehicle clay barred or detailed before wrapping services begin.
17. Weather Conditions
Cool Touch Graphics cannot control weather conditions, which may result in delays with installation. As such, additional labor and/or travel costs may be incurred which are to be paid by Client. CoolTouch Graphics reserves the right to determine the point at which weather conditions prevent us to continue work.
18. Acceptance of Terms
The signature of both parties shall evidence acceptance of these terms.
19. Standard Turnaround Time
- A graphic designer will email you with design question within 2 business days from the date we we receive your deposit and signed proposal.
- You will receive a design proof within 5 business days from the date your designer receives your response to their initial questions.
- Once we receive your written approval for the design, we will schedule your project for print, production and installation. Expect contact to schedule your installation within 1-2 business days.
- We can typically schedule your installation (if applicable) within 1-3 weeks, depending on our current workload.
We cannot guarantee the ability to move your project through faster than our standard turnaround times. However, if you need a project faster than the times described above, please contact our Project Coordinator at mike@cooltouchstl.com. He will determine if our staff is capable of a rush job, in which case a 20% rush fee will be applied to your final invoice.