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Terms and Conditions

Our Terms and Conditions were last updated on April 6, 2022.

Please read these Terms and Conditions carefully before using Our Service.

1. Interpretations and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  • “Company” (referred to as either “Weston”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Weston Graphics, Inc., a California Corporation with its principal place of business located at 9320 Lurline Avenue, Chatsworth, CA 91311.
  • “Service or Products” refers to the specific service(s) and/or product(s) we are providing to you as listed in the previously agreed upon Quote and/or Purchase Order. These terms may be used interchangeably.
  • “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between the Client and the Company regarding the use of the Service or purchase of the Products.
  • “Client” (referred to as either “Client”, “You”, or “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

a) These are the Terms and Conditions governing the use of this Service and the agreement that operates between the Client and the Company. These Terms and Conditions set out the rights and obligations of all Clients engaging in the use of Our Services.

b) Client’s use of the Service is conditioned on Client’s acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to Clients who engage our Services.

c) By using Our Services, Client agrees to be bound by these Terms and Conditions. If Client disagrees with any part of these Terms and Conditions, then Client may not use Our Services.

d) Client may make amendments to work specifications, production schedules or these terms ONLY with Weston’s prior written consent, which may be withheld in Our sole discretion. The final agreed upon proposal/quote for the work and production schedule together with these terms constitute the entire agreement between You and Us for Services. These terms shall supersede any prior agreements between Client and Weston for Services. This agreement shall not be modified by any additional or different terms contained in any of Your forms or documents, including Your purchase order, or correspondence.

3. Governing Law

This Agreement shall be governed by and construed according to the laws of the State of California.

4. Purchase Order Price and Taxes

a) Client shall pay for the Services and Products provided at the purchase order price. Prices are subject to change and Weston shall notify Client of any price increases.

b) Quoted prices are exclusive of sales, use and excise taxes, and any other similar taxes that We are legally required to collect. Client shall be responsible for all such taxes.

5. Payment Terms

a) Terms of payment are established by our accounting team based on company credit worthiness. Improved terms will be awarded with prompt payments. Any changes based on financial underwriting will be communicated by Our accounting department prior to production.

b) Should the Client’s credit or financial ability become impaired or unsatisfactory, in Our sole reasonable judgement, we will have the right to amend the credit terms with respect to any further work under this agreement.

c) If Client disputes any invoice or portion thereof, Client shall notify Weston in writing within thirty (30) days of said invoice, detail the reason for the dispute, and pay all undisputed amounts according to agreed payment terms.

6. Intellectual Property Rights

a) Client guarantees that no patents rights, copyrights, trademarks, user rights, trade models or any rights of third parties are infringed upon by any content or materials that We incorporate into the Product at Client’s direction.

b) Weston will grant Client a non-exclusive, non-transferable, non-sub-licensable, limited license to use such digital media for commercialization of the work completed for Client. Client acknowledges and agrees that We own and shall continue to own all our intellectual property and digital media we provide to You. You agree that you will not modify, reverse-engineer, decompile, or disassemble any of the digital media, or merge all or any part of the digital media into other media.

7. Delivery and Shipping

a) Risk of loss and title shall pass to Client upon delivery to the carrier or postal service freight on board (FOB) shipping dock.

b) If the Products are shipped to a storage facility, including storage at the place of manufacture, to an agreed freight forwarder, or Client’s facility, title and risk of loss shall pass to Client immediately upon delivery.

c) Client shall pay all delivery costs plus handling, when applicable. Partial deliveries are permitted. Products may be delivered in advance of delivery schedule. If Client requires a delivery appointment, Client must notify Weston at the time of placing the Purchase Order. If products delivered do not correspond in quantity or type to those itemized in the packing list, Client shall notify Weston within ten (10 days) of receipt.

8. Disclaimer of Warranty

a) Weston warrants that the Products and/or Services shall comply with the specifications described in Our quote and the generally accepted quality standards of the commercial printing and direct mail industry. WESTON MAKES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

b) Any claims relating to Products must be made in writing within thirty (30) days of delivery.

9. Limitation of Liability

a) UNDER NO CIRCUMSTANCES SHALL WESTON BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, FORCE MAJEURE OR ANY OTHER EVENT OUSTIDE OF OUR REASONABLE CONTROL.

b) UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE TOTAL INVOICED PRICE ALLOCABLE TO THE PORTION OF THE PRODUCT OR SERVICE THAT GIVES RISE TO THE LIABILITY.

10. Confidential Information

a) All non-public, confidential, or proprietary information of Weston, including but not limited to, financial, credit and accounting information and information related to purchasing, selling, planning, and marketing disclosed to Client, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked or identified as “confidential” is confidential and may not be disclosed or copied unless authorized in advance by Weston in writing.