TERMS

Terms

Unless specified in writing to the contrary, a 50 % payment is required when placing your order, the

remainder 50% plus shipping costs is due at time of shipping.


Claims / Liens:

Claims for defects, damages, or shortages must be made by the customer in writing no later than 10

calendar days after order has been received. If no such claim is made, Zbikewear and the customer

will understand that the job has been accepted. By accepting the job, the customer acknowledges

that Zbikewear has fully satisfied all terms, conditions, and specifications. Zbikewear liability will be

limited to the quoted cost of defective goods, without additional liability for special or consequential

damages.


Proofs:

Client is responsible for reviewing all proofs carefully. This includes: spell check, and design

aesthetics. Proof responses and requests for changes must be sent via e-mail. Until the proof is

returned or changes are requested by email, no additional work will be performed. Zbikewear will not

be responsible for undetected production errors after client approval.


Manufacturing Time:

Approximately 5 to 6 weeks once Zbikewear has received the approval of the design and 50% down

payment.

There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes,

accidents, action of government or civil authority, acts of God, or other causes beyond the control

of the provider. In such cases, schedules will be extended by an amount of time equal to delay

incurred. ?


Returns or Refunds:

The customer understands the garments are produced by Zbikewear by special order based on the

artwork the customer approved. The customer agrees that there will not be any returns or refunds

accepted unless the items are defective. ALL SALES ARE FINAL.


Warranty:

All garments come with a one year warranty against manufacturer’s defect. Warranty does not cover

normal wear, improper washing, improper sizing; damage caused by neglect or misuse, alterations

or failure to follow manufacturer’s directions and product care guidelines. The manufacturer reserves

the right to repair, replace or issue a credit for the defective items. Zbikewear liability will be limited

to the quoted cost of defective goods, without additional liability for special or consequential

damages .?


Copyrights:

The customer also warrants that the subject matter to be printed is not copyrighted by a third party.

The customer also recognizes that because matter does not have to bear a copyright notice in

order to be protected by copyright law, absence of such notice does not necessarily assure a right

to reproduce. The customer further warrants that no copyright notice has been removed from any

material used in preparing the subject matter for reproduction. To support these warranties, the

customer agrees to indemnify and hold Zbikewear harmless for all liability, damages, and attorney

fees that may be incurred in any legal action connected with copyright infringement involving the

work produced or provided.


Liability Disclaimer of Express Warranties.

Zbikewear warrants that the work is as described in the purchase order. The customer understands

that all sketches shown to the customer are intended only to illustrate the general type and quality of

the work. They are not intended to represent the actual work performed.?


Disclaimer of Implied Warranties:

Zbikewear warrants only that the work will conform to the description contained in the purchase

order. Zbikewear maximum liability, whether by negligence, contract, or otherwise, will not exceed

the return of the amount invoiced for the work in dispute. Under no circumstances will Zbikewear be

liable for specific, individual, or consequential damages.


Indemnification:

The customer agrees to protect Zbikewear from economic loss and any other harmful consequences

that could arise in connection with the work. This means that the customer will hold Zbikewear

harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and

proceedings on any and all grounds. This will apply regardless of responsibility for negligence.


Personal or Economic Rights:

The customer also warrants that the work does not contain anything that is libelous or scandalous,

or anything that threatens anyone’s right to privacy or other personal or economic rights. The

customer will, at the customer’s sole expense, promptly and thoroughly defend Zbikewear in all legal

actions on these grounds as long Zbikewear promptly notifies the customer of the legal action; and

gives the customer reasonable time to undertake and conduct a defense. Zbikewear reserves the

right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous,

scandalous, improper, or infringing upon copyright law.


Jurisdiction:

The parties agree that all disputes arising under this agreement shall be governed by Florida law.

The parties further agree that the Supreme Court of the State of Florida, Miami-Dade County shall

be the sole and exclusive jurisdiction and venue in which any dispute arising under this agreement

shall be determined.