Judo Marketing reserves
the right to change prices, colors, materials,
specifications and quantities in our catalog,
website, or elsewhere without notice or obligation.
Judo Marketing reserves the right to charge
for AAs (Author’s Alterations) to proofs
that have already progressed beyond the initial
proofing stage. AAs are billed at $100 an
hour with a minimum AA fee of $100. Prices
quoted in our catalog do not include freight.
All shipping is FOB Pennsauken, NJ, unless
indicated otherwise. Quoted or acknowledged
delivery dates are only estimated dates of
delivery. Judo Marketing specifically disclaims
liability for delays in delivery and any resulting
consequential damage or losses. Judo Marketing
maintains offices and facilities in several
states and charges applicable sales tax when
appropriate, as required by law.
Prices quoted in our catalog do not include
freight. All shipping is FOB Pennsauken, NJ,
unless indicated otherwise. Judo Marketing
is not responsible for loss or damage to the
product once any product has left Judo Marketing's
premises.
Judo Marketing maintains offices and facilities
in several states and charges applicable sales
tax when appropriate, as required by law.
Payment terms
Judo Marketing accepts cash, check, money
order, VISA, MasterCard, Discover, and American
Express.
Companies requesting credit must fill out
a credit application before any order can
be processed. A purchase order is required
before any open account order can be processed.
Should any amount remain outstanding after
its due date, interest shall run on said amount
from the initial billing date at the rate
of one percent (1%) per month (12% per annum)
and shall accrue daily. In addition to the
foregoing, the customer shall pay any and
all costs, fees, charges or expenses of every
nature (including without limitation Judo
Marketing's reasonable legal fees and litigation/arbitration
fees and costs) incurred by Judo Marketing
in recovering any amounts owed to it by the
Customer.
Order cancellation
Judo Marketing reserves the right to refuse
or cancel any order.
Intellectual Property Rights Protection
The customer represents and warrants to Judo
Marketing: (a) that it is the true and rightful
owner of, or is licensed or otherwise possesses
legally enforceable rights to use the registered
and unregistered rights, titles, and interests
in and to any United States or foreign trademarks,
service marks, trade names, copyrights or
other intellectual property rights relating
to the materials provided to Judo Marketing
by the customer under this agreement, including
but not limited to the right to reproduce,
manufacture and otherwise use the materials;
(b) that the customer and Judo Marketing are
not, or will not be, as a result of the execution
and delivery of this agreement or the performance
by Judo Marketing of the obligations hereunder,
in violation of any intellectual property
rights of third parties; and (c) that no claims
with respect to the customer's intellectual
property rights or third party intellectual
property rights in the materials are currently
pending, nor to the knowledge of the customer,
are threatened by any person, nor, to the
customer's knowledge, do any grounds for any
claims exist.
Customer agrees to indemnify, defend, protect,
and hold harmless Judo Marketing and its subsidiaries
and their respective officers, directors,
agents, affiliates, distributors, franchisees,
and employees (collectively, "indemnified
parties") against any liabilities, losses,
claims, damages, punitive damages, causes
of action, lawsuits, administrative proceedings
(including interest from the date of such
damages), and costs and expenses (including
without limitation reasonable attorneys' fees
and disbursements of every kind, nature, and
description) (collectively, "damages")
suffered, sustained, incurred, or paid by
the indemnified parties in connection with,
resulting from, or arising out of, directly
or indirectly (i) any claim, demand, proceeding,
or lawsuit by a third party based on any assertion
that the services provided to the customer
under this agreement breaches the patent,
copyright, trademark, trade secret, or other
proprietary right of such third party and
(ii) any breach of any representation or warranty
of the customer set forth in this agreement
or the form, Intellectual Property Ownership
Agreement, Purchase Order, or in any other
form or document in connection herewith.
Judo Marketing reserves the right, at its
sole discretion, to investigate the ownership
of any and all materials provided hereunder.
The customer agrees to provide Judo Marketing,
upon request, all necessary documentation
of ownership or other legal rights, including
without limitation all pertinent copyright
and licensing information. By reserving these
rights, Judo Marketing does not in any way
assume an obligation to investigate or verify
ownership of any materials provided by the
customer, and Judo Marketing may rely on the
customer's representations and warranties
herein and provided under Judo Marketing's
Intellectual Property Rights Form even if
Judo Marketing investigates such ownership.
If Judo Marketing determines, or has reason
to believe, that the customer does not have
the authority to produce the products sought
hereunder, Judo Marketing will have no further
obligations to the customer to provide any
products or any other services with respect
to such materials, and Judo Marketing will
return such materials to the customer.
Pricing and delivery
Judo Marketing reserves the right to change prices, colors, materials, specifications and quantities in our catalog, website, or elsewhere without notice or obligation. Judo Marketing reserves the right to charge for AAs (Author’s Alterations) to proofs that have already progressed beyond the initial proofing stage. AAs are billed at $100 an hour with a minimum AA fee of $100. For printing only projects additional fees will result if files are supplied out of template or incorrectly and prepress services are required to ensure they will print properly. Prepress services are billed at $100 an hour with a minimum fee of $50. Prices quoted in our catalog do not include freight. All shipping is FOB Pennsauken, NJ, unless indicated otherwise. Judo Marketing reserves the right to produce and bill for production over runs or under runs up to five percent (5%) of the customer’s order. Customer will be billed for actual amounts shipped. Quoted or acknowledged delivery dates are only estimated dates of delivery. Judo Marketing specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
The customer's order will be delayed if the
customer has failed to provide to Judo Marketing
all necessary materials.
The customer's order will be delayed if the
customer has failed to provide to Judo Marketing
all necessary materials. Quoted or acknowledged
delivery dates are only estimated dates of
delivery. Judo Marketing specifically disclaims
liability for delays in delivery and any resulting
consequential damage or losses.
In the event a client fails to pay within
ninety (90) days for any work completed, or
in the event a client fails to accept delivery
or pick up his finished product within ninety
(90) days from completion, Judo Marketing
has the right to sell, dispose of, destroy
or use any such material on hand in any way
Judo Marketing chooses without any liability
by Judo Marketing to the customer or others.
Judo Marketing assumes that the client has
backups or originals of all content (including
without limitation masters, graphic files,
multimedia files, video files, and audio files)
provided in digital electronic. As such, Judo
Marketing is not obligated to return such
electronic content to the customer upon completion
of the order. Judo Marketing will return original
artwork, photos, transparencies, etc. furnished
by the client upon completion and payment
of the order.
While Judo Marketing will treat the customer's
materials with the utmost care, Judo Marketing
specifically denies liability for damage or
loss due to fire, casualty, or negligence
while the customer's materials are in the
care and possession of Judo Marketing.
Customer's materials stored in Judo Marketing’s
premises are not insured and are stored strictly
at the customer's risk. The customer agrees
to carry insurance coverage for its materials
while at and in transit to and from Judo Marketing’s
premises.
Payment terms
Judo Marketing requires a deposit of 50% of
the quoted purchase price. The balance of
the purchase price, subject to a five percent
(5%) production under or over run, is due
upon completion of the order, before shipping
(no C.O.D.s).
If replication orders are prepaid in full,
including freight and applicable taxes, any
overs will be at no charge.
Reorders, rush orders, and printed materials,
must be prepaid in full, including freight
and any applicable taxes.
Direct mail fulfillment orders always require
postage to be paid before mailing. The customer
will be informed of the exact postage after
we receive customer’s mailing list.
For any other special direct mail services
or materials, including mailing lists and
data processing charges, the customer will
be given an estimate of these charges prior
to work being started on this portion of the
project.
Warranty of product, limitation of
liability, and indemnification
Judo Marketing guarantees the customer's satisfaction
with art and content proofs. If Judo Marketing
cannot satisfy the customer, Judo Marketing
will refund the entire deposit amount if customer
wants to cancel the project. However, once
proofs are approved Judo Marketing will charge
for all work and services performed, even
if the project is subsequently canceled.
Judo Marketing warrants that material produced
and delivered by Judo Marketing meets Judo
Marketing’s standard specifications
for the material or such other specifications
as described in this catalog and meets generally
accepted industry standards.
All custom-manufactured and/or printed Judo
Marketing products are unconditionally guaranteed
against defects in quality and workmanship.
If any custom-manufactured product produced
by Judo Marketing from or through the use
of materials is found to be defective in quality,
or is shipped or labeled in error, Judo Marketing
will replace or repair defective product and/or
correct error in shipment or labeling at its
own expense or, at Judo Marketing’s
option, refund to customer part or all of
the purchase paid to Judo Marketing, on the
condition that a) written notice of such defect
or error is received by Judo Marketing at
its office within thirty (30) days after shipment
by Judo Marketing to customer, and b) the
defect or error did not result from a defect
or error in the materials supplied by or on
behalf of the customer. If said notice is
not received by Judo Marketing within the
date indicated above, Judo Marketing will
be deemed to be released by the customer from
any and all liability.
The customer shall return any defective product
to Judo Marketing should Judo Marketing so
request. No merchandise may be returned to
Judo Marketing without written return authorization
by Judo Marketing. Product reruns or purchase
price refunds will be prorated based on the
quantity of defective merchandise returned.
Prior to returning any product, you must obtain
an RMA (return merchandise authorization)
number from Judo Marketing. The RMA number
must appear on your address label. Judo Marketing
reserves the right to refuse delivery of any
item returned without an RMA number.
Fees negotiated are based on a per project basis. Clients do not have the right to use contracted work for subsequent pieces without first contracting Judo Marketing for approval.
Judo Marketing is not responsible for any
loss of revenue or profit or other financial
damages of any kind whatsoever, whether direct
or indirect, suffered by the customer for
any reason whatsoever.
Order cancellation
Orders for products not yet manufactured by
Judo Marketing may be cancelled by either
party at any time. The customer will be responsible
for all costs incurred by Judo Marketing related
to pre-manufacturing or manufacturing of any
product, prior to receipt of notice of cancellation.
After such cancellation, the customer's materials
and any completed product may be delivered
to the customer only after all sums owed to
Judo Marketing have been paid in full by cash
or check.
THIS EXPRESS WARRANTY SHALL EXTEND TO ONLY
CUSTOMERS OF JUDO MARKETING AND IS IN LIEU
OF ANY AND ALL OTHER WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
Judo Marketing’s liability under this
warranty extends solely to the obligation
to repair or replace a covered product. Judo
Marketing’s liability under this warranty
shall not exceed the cost of the covered product.
The foregoing warranties are exclusive and
are in lieu of all other warranties whether
written or implied including warranty of merchantability
in other respects than expressly set forth
above and warranty of fitness for a particular
purpose. Further, Judo Marketing shall have
no liability for any consequential or punitive
damages or losses to customer or anyone else,
under any theory, for defects in material
or workmanship or any other reason whatsoever.
