Terms and Conditions of Sale
1. M.V.P. Group’s Estimates/ Quotes are valid for thirty (30) days from the Estimate/Quote Date. After that date, prices and terms subject to change.
2. Postage on all jobs is payable to the U.S. Postmaster and is due three (3) days prior to mailing. All postage rates will be based on entry at the Santa Ana SCF unless otherwise specified in the estimate.
3. The minimum job charge is $225.00
4. Payment terms- All jobs require a fifty percent (50%) deposit prior to commencement of work unless other terms are established and approved in writing by M.V.P. Group, Inc. The balance is due three (3) days prior to mailing. Any past due amounts shall be subject to a 1.5% finance fee per month. In the event that a past due amount is referred to an agency for collection or an attorney, the client shall be responsible for all costs of collection, including reasonable attorney’s fees.
5. Any past due invoices may result in termination or cessation of Clients jobs.
6. Storage Fees- Any materials which require storage over thirty (30) days may be subject to a storage fee of $35.00 per pallet per month.
7. Any material provided and/or designed by client is assumed to be machine and/or automation compatible. The estimate is subject to change should the material not meet the tolerance specifications of the machinery and/or U.S. Postal Service automation guidelines.
8. M.V.P. Group, Inc. assumes no liability in the accuracy of bills of lading of client-supplied materials. Any excess materials may be destroyed without clients consent upon fifteen (15) days expiration of mailing date.
9. Any disk provided by client with artwork and/or data shall be destroyed upon completion of work. Any printing plates developed by M.V.P. Group, Inc. shall remain the property of M.V.P. Group, Inc. unless otherwise stated in writing and signed by an officer of M.V.P. Group, Inc.
10. Proofs will be provided on all jobs and require approval of Client prior to commencement of work. Match prints are not produced on press and are for an approximation of final color. A reasonable variation in color is expected from match print to final product and shall be deemed acceptable delivery.
11. M.V.P. Group, Inc. will use its best commercial efforts to meet all delivery dates agreed upon. M.V.P. Group, Inc. shall assume no responsibility for failure to meet schedules due to Acts Of God, labor, mechanical failures, catastrophe, or other matters beyond its control. Any Client directed change may alter the delivery date as well and in either instance, M.V.P. Group, Inc. shall assume no liability for any loss sustained by Client resulting from any failure or delay.
12. Client shall be solely responsible for the outcome of the direct mail program. Client shall have no right of set off, abatement or refund, regardless of the results achieved by the direct mail program. Client shall indemnify, protect and hold harmless and defend M.V.P. Group, Inc. from and against any and all such claims, actions, causes of action, suits, judgments, liabilities, losses, damages, expenses, obligations,(including attorney’s fees and legal costs) and/or penalties arising out of or based upon the use of any false or misleading materials, copyright, patent or other proprietary property right, infringement, defamation, slander or libel, invasion of any privacy or other personal right resulting from the use of material provided, or approved by Client, or its agents, or for any elements of the direct mail program approved by Client. In the event of such claims, Client shall, at Client’s expense, properly defend and continue the defense of any such claim as herein specified, on M.V.P. Group, Inc.’s behalf, and fully indemnify M.V.P. Group, Inc. from all settlements, judgments or debts for which M.V.P. Group, Inc. is thereafter held responsible. M.V.P. Group, Inc. may elect to provide it’s own legal counsel in any such defense.
13. General Matters. This agreement shall be subject to the following general matters and understanding:
a) Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties, whether written or oral in nature. No waiver of any of the provisions of this Agreement shall be deemed or, shall constitute a waiver of any provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making said waiver. This Agreement may be changed only by a written document executed by Client and a Corporate Officer of M.V.P. Group, Inc.
b) Further Acts. The Parties hereto shall cooperate with each other and execute such additional documents or instruments, and perform such further acts as may be reasonably necessary to affect the purpose and intent of this Agreement.
c) Severability. Should any provision or portion of this Agreement be held or otherwise become unenforceable or invalid for any reason, the remaining provisions or portions of this Agreement shall be unaffected by such unforseeability or invalidity.
d) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, incorporated herein by this reference.
e) Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties to it and their respective heirs, legal representatives, successors and assigns.
f) Attorney’s Fees and Costs. In the event any legal action or arbitration or other proceeding is brought to enforce this Agreement, or in any way arising out of or related to this Agreement, then the prevailing Party in such action shall be entitled to recover, as an element of its damages, reasonable attorney’s fees and costs incurred in that action or proceeding.
g) Governing Law. This Agreement shall be construed in accordance with, and governed by the laws of the State of California. Furthermore, venue of any action brought in accordance with, or related to this Agreement shall lie exclusively in Orange County, California.
Hereby accepted and incorporated into all job contracts.