Terms & Conditions
Incorporation of Terms - These terms and conditions govern the agreement formed by your acceptance of the estimate given to you by Movement Printing and/or purchasing of products off of this website. These terms are incorporated by reference into the estimate and control over any inconsistent terms in your purchase order or other acceptance.
Services - Upon acceptance by you via email or text message, Movement Printing will perform the printing or other services described in the estimate. Any additional services requested by you and not covered by the estimate will incur additional charges.
Turnaround Time - The services will be completed and delivery will be made in accordance with the schedule stated on our website (turnaround time + shipping map), or as otherwise stated by a sales associate as turnaround time is based off product availability, receiving of payment, and shipping via UPS, Fedex, USPS, or Local Courier. Average turnaround time for custom apparel is 7 business days, and is allowed to run as long as 45 business days due to the variables stated above. Movement Printing is not responsible for delays in arrival due to lost, stolen, or weathered delay packages.
Specifications - The services will be performed in substantial conformity with the specifications in the estimate, style, color, sizes, etc.
Changes - Changes in the specifications, quantities, schedule or other aspects of the services that are requested or approved by you do not become binding upon Movement Printing unless accepted by Movement Printing via email. Any such changes may result in additional or increased charges, prolonged turnaround time, and you agree to pay such increased charges.
Charges - The charges for the services are described in the estimate, subject to adjustment as provided in these terms, and you agree to pay to Movement Printing such charges. Failure to pay the charges listed in the estimate will result in cancellation of the order production, payment of cancellation fees from you to Movement Printing (which are 25% of the order total), and any and all orders that were not paid for ahead of time, or granted net terms will result in a legal action, with all court, attorney, and legal fees paid for by the purchasing party.
Taxes - You will be responsible for payment of all applicable federal, state and local taxes and assessments (including sales, use and similar taxes) levied on the transaction contemplated by the estimate. No tax exemption will be recognized unless a valid exemption certificate is provided. A Florida Resale Certificate can be provided to Movement Printing, which in result, will allow you to not pay sales tax on the estimate listed above.
Email your Florida Resale Certificate to [email protected]
Payment Terms - All invoices for services covered by the estimate are payable upon invoice sent date. Failure to do so will result in delayed turnaround time, a 25% late payment fee for days 3-30, and a 50% late payment fee if paid after 30 days. Applicable charges listed above will also be a result of late or no payment.
Limited Warranties and Disclaimer -
Services - Movement Printing warrants that all services comprising part of or incorporated into the services will be performed in a good workmanlike and professional manner in accordance with generally accepted practices in the printing industry.
Goods - Movement Printing warrants that all goods comprising part of or incorporated into the services will be of commercially acceptable quality and will in all material respects meet the specifications.
Movement Printing’s Warranty Responsibilities - You must give Movement Printing written notice of any breach of warranty or other non-conformity of or defect in the services within a commercially reasonable time not to exceed five (5) business days after delivery. Movement Printing may, at Movement Printing’s sole option, either repair or replace any defective or non-conforming services at no cost to you, or credit or refund any sums paid by you for the specific portion of the services that is defective or non-conforming, as your sole and exclusive remedy. Movement Printing is allowed an industry standard Spoilage Rate which applies per print location: 2% on light garments / 4% on dark garments: Minimum one piece per style & print. Movement Printing will credit accounts for excess spoilage.
Return Policy - Movement Printing produces custom apparel and print products, and does not offer returns of any type. Movement Printing provides artwork proofs, top-quality materials, and checks orders meticulously before shipping. If there is an issue with an order, please contact [email protected] within five (5) business days after delivery and we will do our best to work with the purchasing party. Movement Printing will not accept any garments or material after use.
DISCLAIMER - EXCEPT AS EXPRESSLY SET FORTH IN THE ABOVE 3 PARAGRAPHS OF THIS SECTION, THE WORK IS BEING FURNISHED TO YOU “AS IS” AND “WITH ALL FAULTS,” AND MOVEMENT PRINTING HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WORK, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability - IN NO EVENT WILL MOVEMENT PRINTING BE LIABLE TO YOU FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES OR GOODWILL, ARISING OUT OF OR RELATING TO THE ESTIMATE OR THE WORK, WHETHER THE CLAIM IS BASED UPON CONTRACT, BREACH OF WARRANTY, TORT OR OTHER THEORY, EVEN IF IVIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOVEMENT PRINTING’S LIABILITY ARISING OUT OF OR RELATING TO THE ESTIMATE OR THE WORK WILL NOT EXCEED THE SUMS PAID OR PAYABLE BY YOU TO IVIE UNDER THE ESTIMATE.
Publicity - You authorize Movement Printing to list you as a client of Movement Printing on Movement Printing’s website and on any other internal and external promotional materials and communications such as Instagram, Facebook, and marketing materials.
Independent Contractor - Movement Printing is an independent contractor of you, and nothing in the estimate or these terms will be construed as creating a partnership, joint venture or relationship other than that of independent contractors between you and Movement Printing.
Termination of Estimate - Movement Printing may terminate the estimate and cease performance of the services if you fail to timely pay or perform any obligation imposed upon you under the estimate or these terms, and such failure to pay or perform continues for a period of three (3) business days from the date Movement Printing furnishes written notice thereof to you.
Proofs - You have full and final responsibility for proof approval. By approving the proof for the subject piece, you accept and approve the format, layout, color, copy, type, spelling, text and content of the piece, and accept responsibility for any errors or omissions therein. You will not hold Movement Printing responsible or liable for any costs, expenses or other damages resulting from errors or omissions contained in the approved proof, or from your failure to timely approve any proofs.
Artwork and Other Materials - Unless otherwise stated in the estimate, you will timely supply all artwork, images, type, copy, film and other materials required for the services. All materials must be submitted in required format; if Movement Printing is required to convert to the proper format, you will be charged for the conversion. You represent and warrant to Movement Printing that: (a) you have all required copyrights, licenses and permissions to use the materials supplied by you; and (b) the materials supplied by you do not contain any matters that are illegal, libelous, slanderous, or scandalous, or which threaten any person’s right to privacy. You agree to indemnify, defend and hold harmless Movement Printing and its employees from any and all third-party claims, whether for copyright infringement, invasion or privacy or otherwise, arising out of such materials.
Shipping and Freight - Unless otherwise specified in the estimate, delivery will be made Fedex, UPS, USPS, or Local Courier from one of Movement Printing’s facilities, at which time risk of loss and title will pass to you. All freight, insurance and other shipping expenses, as well as any special packing expenses not included in the estimate, will be paid by you.
Price Increases - Movement Printing will give you at least fifteen (15) days prior written notice of any increases in the charges due to increases in the prices for paper or ink, fuel surcharges, or other non-manufacturing costs. In addition, Movement Printing will give you at least thirty (30) days prior written notice of any increases in the charges due to increased manufacturing costs. Services performed before the effective date of any increases will not be subject to the increases.
Advance Payment - Movement Printing may, in its discretion, pre-invoice you the estimated charges for any project if the estimated charges are $40,000.00 or greater.
Force Majeure - Movement Printing will not be responsible for any non-performance, delays or associated costs due to acts of God or government, civil commotion, military authority, war, riots, terrorism, strikes, fire, severe weather conditions, or other causes beyond its reasonable control.
Governing Law - The estimate and these terms will be interpreted and construed under the laws of the State of Florida, without regard to its conflicts of laws provisions.
Venue - Venue of any action to construe or enforce the estimate and these terms will lie in Pinellas County, Florida.
Legal Fees - If either party brings an action or proceeding arising out of the estimate or these terms, or on account of any breach or default thereof, Movement Printing will be entitled to receive from the other party its reasonable attorneys’ fees, expert witness fees, investigation fees and other related fees, costs and expenses incurred in connection with the proceeding.
Amendments - Any amendments to the estimate or these terms will be effective only if in writing and signed by authorized representatives of both parties.
Entire Agreement - The estimate and these terms (together with any schedules or exhibits attached) constitute the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersede any previous agreements or understandings, whether oral or written.
Waiver - Failure of either party to insist upon strict performance of the estimate or these terms, or to exercise any option herein, will not be construed as a modification or waiver of any provision, right, or obligation under these terms.
Headings - Headings used in the estimate or these terms are for reference purposes only and in no way define, limit, construe, or describe the scope or intent of these terms.