Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Offer and Contract
No offer or contract shall be binding upon Grafico, LLC except by issuance of the Grafico, LLC’s acknowledgment email. Acceptance by Grafico, LLC of buyer’s (the “Buyer”) order is expressly made conditional on assent of these terms and conditions (the “Terms and Conditions”), either by written acknowledgment or by conduct of Buyer that recognizes the existence of a contract with respect to the products (the “Products”) and services described on Grafico, LLC’s acknowledgment. No additional or different terms or conditions will be binding upon Grafico, LLC unless specifically agreed to in writing; failure of Grafico, LLC to object to conditions contained in any other writing or other communication from Buyer shall not be construed as a waiver of these Terms and Conditions nor acceptance of any such other provisions. These Terms and Conditions also serve as notice of Grafico, LLC’s objection to and rejection of any terms and conditions of purchase or sale included in Buyer’s order or other writing that are different from or additional to these Terms and Conditions. Paragraph headings herein are for convenience only and are not to be considered in interpreting any of the provisions herein.
Delivery and Risk of Loss
Delivery of the Products to a common carrier at Grafico, LLC’s principal place of business, fulfillment contractor or at any other point, if so agreed to by the parties in writing, shall constitute delivery to Buyer (“Delivery”), and regardless of shipping terms or freight payment, all risk of loss or damage in transit shall upon Delivery, shift to Buyer. If Buyer is responsible for any shipment delay, Grafico, LLC’s written notification to Buyer that the Products ordered hereunder are ready for shipping shall constitute Delivery to Buyer, and all further risk of loss or damage as well as all costs for handling, transportation and storage shall be borne by Buyer. Grafico, LLC shall not be liable for any damages as a result of any delay or failure to deliver due to any cause beyond Grafico, LLC’s reasonable control, including without limitation, any act of God, act of Buyer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation or inability to obtain necessary labor, materials or manufacturing facilities. It is Buyer’s sole responsibility to pay for and to obtain any governmental or other licenses, certificates or documentation as may be required. Overrun or underrun of ten percent (10%) in filling orders shall constitute full compliance with all orders accepted by Grafico, LLC.
Buyer may not cancel or terminate any orders accepted by Grafico, LLC, except with Grafico, LLC’s prior written consent and then only upon such terms as shall be acceptable to Grafico, LLC, in its sole discretion. Upon such consent, the following payments shall become due to the Grafico, LLC.
Authorized return shipments must be returned in good order and condition to Grafico, LLC’s principal place of business, and unless otherwise specified by Grafico, LLC, must be accompanied by a RMA number issued by the Grafico, LLC, packaging slip, and must have transportation and insurance charges prepaid. To request an RMA, contact our Help Desk at 203-358-9595 x109 during normal business hours Easter Time. Buyer agrees to pay Grafico, LLC a restocking fee of twenty-five percent (25%) of the original purchase price for any return shipments authorized by Grafico, LLC. Buyer shall receive a credit for the purchase price, less any amount due to Grafico, LLC for the aforementioned restocking fee, for any authorized return shipments, provided that any goods are returned to Grafico, LLC in good order and resellable condition as determined by Grafico, LLC in its sole discretion.
The original purchase price shall apply for all Products completed or services performed at the time of receipt of Buyer’s request for cancellation.
Grafico, LLC reserves the right to revise and discontinue Products at any time and without prior notice. Grafico, LLC will ship Products that have the same or similar functionality and performance of the Products ordered, but changes, including but not limited to changes with regard to color, construction, measurements and weight, due to technical requirements between what is shipped and what is described in specification sheets, catalogs, brochures or the like, are possible and shall not constitute a defect in the Product or noncompliance on the part of the Grafico, LLC.
Prices and Payment
The quoted price is F.O.B. Grafico, LLC’s principal place of business or the location of shipment, whichever is applicable unless otherwise agreed upon in writing. The listed price of the Products does not include duty, tariffs, taxes, freight costs, palletization or similar charges which shall be borne by Buyer, unless otherwise agreed upon in writing. All prices are subject to change prior to Grafico, LLC’s issuance of an acceptance form. For all prices, products, and services Grafico, LLC reserves the right to make adjustments due to changing market conditions, product discontinuation, or other extenuating circumstances. Shipping and appropriate sales taxes associated with order will be displayed in Shopping Cart upon final approval of order for placement by Buyer. Buyer shall be responsible for any palletization, insurance and shipping charges of shipments of the Products and Buyer shall reimburse Grafico, LLC for any such charges paid by Grafico, LLC, unless otherwise agreed upon in writing. Grafico, LLC reserves the right to demand a down payment of the purchase price for customized orders. Grafico, LLC reserves the right to make deliveries in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. All payments must be made by major credit card: Visa, MasterCard, Discovery or American Express unless terms otherwise agreed upon by Grafico, LLC in writing in advance.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. Any description or representation of the Products whether in writing or made orally by Grafico, LLC or Grafico, LLC’s agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets, or similar materials used in connection with Buyer’s order are for the sole purpose of identifying the Products and shall not be construed as an express warranty. Any suggestions by Grafico, LLC or Grafico, LLC’s agents regarding use, application or suitability of the Products shall not be construed as an express warranty unless confirmed to be such in writing by Grafico, LLC. Performance figures and specifications by Grafico, LLC are estimates only and are not warranties, unless expressly stated otherwise.
The warranty expressed herein shall be in lieu of any other warranties, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, and is in lieu of any and all other obligations or liability on Grafico, LLC’s part.
Grafico, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Grafico, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Warranty Claims, Inspection and Waiver of Defects
Written notice of any alleged defect must be presented to Grafico, LLC within five (5) days after its discovery, and Grafico, LLC must be allowed to inspect the Products while they are in the alleged defective condition. Use of the Products must be suspended until written clearance is issued by Grafico, LLC for continued use, provided that Grafico, LLC, upon receipt of written notice of an alleged defect, proceeds without unreasonable delay to remedy any defect coming within the warranty. Buyer shall inspect all Products immediately upon their arrival and shall give written notice to Grafico, LLC within five (5) business days after receipt of the Products of any claim that the Products do not conform to the terms of the contract. Grafico, LLC shall have reasonable access to inspect any allegedly nonconforming Products. Buyer waives any right to assert any claim against Grafico, LLC arising from any nonconformity of the Products sold hereunder which would have been observable on reasonable inspection or testing within thirty (30) days after Delivery.
Limitation of Liability
Grafico, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Grafico, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Product on this website is mistakenly listed at an incorrect price, Grafico, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Grafico, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Grafico, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Grafico, LLC without notice at any time, for any reason. The provisions relating to Proprietary Information / Confidentiality, Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Proprietary Information / Confidentiality
All drawings, photos, diagrams, specifications, and other information furnished by Grafico, LLC is proprietary to Grafico, LLC and confidential. Such information has been developed at substantial expense and contains trade secrets that are the exclusive property of Grafico, LLC. Buyer may not reproduce or distribute, in whole or in part, such information. All such information supplied by Grafico, LLC except for information that (a) was generally available to the Buyer from public or published sources, provided publication did not take place in violation of these Terms and Conditions or through fault or omission of the Buyer, (b) was lawfully obtained from a source under no obligation of confidentiality, directly or indirectly, to either the Buyer or the Grafico, LLC, or (c) was disclosed to the general public with the written approval of the Grafico, LLC shall be received in confidence, and Buyer shall exercise due diligence and reasonable care to hold such information in confidence.
Grafico, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Grafico, LLC.
Your use of this site shall be governed in all respects by the laws of the state of Connecticut, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Grafico, LLC’s products) shall be in the state or federal courts located in Fairfield County, Connecticut. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Grafico, LLC’s products) must be commenced within one (1) year after the claim or cause of action arises. Grafico, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Grafico, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Grafico, LLC’s or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Grafico, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Grafico, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Grafico, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Grafico, LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Grafico LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Grafico LLC may link to sites operated by third parties. However, even if the third party is affiliated with Grafico LLC, Grafico LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Grafico LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Grafico LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).