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  Orange County Coating (OCC) Terms of Service:
  Last updated: February 14, 2008

Please read these Terms of Service carefully. These Terms of Service govern your access to this site and our services. OCC provides its services to you, subject to the following Terms of Service, which may be updated by us from time to time By accessing any page on this site, you agree to be bound by these terms and conditions. In addition, when using particular OCC services, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services which may be posted on our site or on the sites of our affiliates or subcontractors, from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
  1. DISCLAIMER OF WARRANTIES:
    (a) Your use of OCC services is at your sole risk. The services are provided on an "as is" and "as available" basis. OCC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    (b) OCC makes no warranty that (i) the services will meet your requirements,
    (ii) the services will be timely or error-free,
    (iii) the results that may be obtained from the use of the services will be accurate or reliable, and
    (iv) the quality of any services or material purchased or obtained by you will meet your expectations.

    (c) No advice or information, whether oral or written, obtained by you from OCC or through the use of the services shall create any warranty not expressly stated in these terms of service.


  2. LIMITATION OF LIABILITY:
    In no event shall OCC or its suppliers, vendors, officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from any loss sustained by you, caused by any nature such as the use or performance of any equipment, tools, chemicals, coating practices or of failure to provide services which you order from OCC including without limitation, damages arising from mistake, omission or delay.


  3. TURNAROUND:
    Typical turnaround is approximately 24-48 hours from the delivery time of the product into OCC's facility. Jobs that require the attention of the customer to proceed with OCC's service may take additional time. Notice will be given to the customer upon OCC's determination of such job. Customer is still responsible for payment of invoiced amount if problem is determined to be the fault of the customer. In such event, billing charges will not and cannot be reversed. Rush fees, which are determined by OCC on a per job basis, can be charged separately to the customer if it is the customer's desire to fix the issues pertaining to a problem job and have the job finished within a 48 hour turnaround time.


  4. RETURNS/REFUNDS:
    Since each order is unique, all sales are final. If we determine that OCC made an error, OCC will cover the re-printing fees of the order. The, which re-printing fee may be subject to verification by a third party.
    Customer must notify OCC in writing within 3 business days of order completion of any defect claims or the claim will be denied. In order to receive cost of reprinting, customer must return 100% of the received product within 7 days (at the customer's own expense) from the time of job completion. OCC shall not be responsible for extra charges related to the customer choosing to expedite the re-printing of a job in a rush printing or shipping method even if it is determined that OCC is at fault.

    OCC shall not be responsible in any way for orders which may be returned to you by your client for any reason.

    OCC does not refund, cancel or give credit if the service failure is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.


  5. CUSTOMER CONTENT:
    You understand that all information, data, text, photographs, graphics, messages or other materials referred to as “content”are the sole responsibility of the person from which such content originated. This means that you, and not OCC, are entirely responsible for all content of work given to OCC which could be distributed in any way. Recognizing the global nature of any distribution of products handled by OCC, you agree to comply with all applicable rules and laws regarding acceptable content. The use of OCC's services to process lewd, indecent, pornographic or other offensive materials is expressly prohibited and is considered a violation of this agreement these terms of service.


  6. POTENTIAL COLOR CHANGES:
    OCC is not responsible for any changing of color that occurs on customer's material during the coating process or handling of the product by the OCC.
    Sheet layout and samples must be provided on a single sheet of the printed material to be coated as a sample. Customer must clearly mark indicators of areas that need to be left uncoated. If needed, the sample sheet should provide pertinent information needed to align UV files accordingly. It is the customer's responsibility to provide enough overages (usually between 50-75 sheets) to allow for initial quality assurance testing.
    For spot and raised UV jobs, the customer may also provide the positive film (100% black, right reading, emulsion down) with proper registration marks. It is the customer's responsibility to provide clear indication to how the file should line up with the specific job to be coated.
    Inks must be "hard drying" inks, to avoid the ink softening under the extreme heat expelled from the UV curing lamps. Ink may require 24-48hrs drying time. It is the customer's responsibility to make sure the ink is dry and the inks used are UV compatible. Using UV compatible ink helps minimize color wash out. Ink must be wax free, that is, it cannot contain teflon additives, paraffin waxes or silicones. The use of metallic ink is not recommended.
    All varnish/aqueous coatings used in printing should be tested prior to UV coating to determine if UV will adhere to these solvent or water-based topcoats. Typically, these pre-UV coatings contain waxes, resins or acrylic chemicals which restrict proper UV adhesion.It is customer's responsibility to ensure prints were produced using the lowest water settings and use fountain solutions which have the least amount of glycol and glyco ethers.
    All prints must be dust and powder free when arriving at OCC. OCC is not responsible for over spray powders or particles which may be sealed into the print after UV coating process.


  7. PAPER REQUIREMENTS:
    Customer's paper for coating must meet OCC's specifications. The thinnest paper OCC can coat is 70# and the thickest is 24pt. The smallest sheet is 12.5 in x 19 in and the largest is 28 in x 40 in. Paper must contain a heavy amount of ink on a clay coating. Paper must be recently manufactured, not subject to prolonged storage, and not exposed to conditions which could result in a chemical change in the coating on the paper while at the paper mill. Customer must ensure that proper coating is used that seals the top of the sheet and allows proper adhesion of UV to the paper without the UV scratching or cracking.
    Some paper has a clay coating that could cause issues. In addition, paper stocks containing acids should not be used, as such may cause the UV coating to become discolored and may restrict UV adhesion.


  8. ORDER CANCELLATION:
    OCC will assist you in canceling your order prior to OCC receiving your material. However, once materials are received by OCC, the customer is then subject to any screen(s) or film(s) fee described on the sales order which had been created for the canceled job and a cancellation fee of 25% of the sales order, customer is responsible for picking up the canceled job from OCC within 24 hours of cancellation.
    If the job has started (i.e.: on the press), and the customer wishes to cancel, the entire sales order/invoiced amount is due in accordance with the payment terms listed on the sales order. Cancellation instructions must be submitted immediately to an OCC associate via phone, then confirmed via email.


  9. ORDER SHIPPING AND DELIVERY:
    While OCC will always attempt to make sure that any production difficulties do not delay delivery or pick up schedules, in no case shall OCC be liable for any consequences or damages resulting from any delay in the shipment or delivery of your product to your customers.
    Please note that OCC will only use its own drivers and vehicles to pick up and deliver products and will not use any couriers for deliveries unless previously agreed upon in which case customer shall be financially responsible for such courier expense
    OCC shall not be liable for delays in their product shipments caused by equipment malfunctions, coating errors, handling issues, weather conditions, shipping company delays, international customs issues or any other circumstances beyond OCC's direct control.
    OCC will always attempt to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the coating or handling process. In case of OCC related delay, rush charges/fees will be refunded or waived where applicable. However, any technical or coating difficulty will not be the grounds for order cancellation or refund.
    OCC reserves the right to refuse service without disclosing a reason.


  10. INDEMNITY:
    You agree that you shall indemnify and defend OCC and its directors, officers, employees and agents against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to your breach of these terms of service.


  11. ENTIRE AGREEMENT:
    These terms of service constitute the entire agreement between you and OCC and govern your use of OCC's services, superseding any prior agreements between you and OCC. These terms of service and the relationship between you and OCC shall be governed by the laws of the state of california, without regard to its conflict of law provisions. for the purpose of resolving any dispute, the state and federal courts located in Orange County, California shall have exclusive jurisdiction. The failure of OCC to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If any provision of these terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms of service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of OCC's services or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.


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