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.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Blue Wave Printing & Display. The collective work includes works that are licensed to Blue Wave Printing & Display. Copyright 2003, Blue Wave Printing & Display ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Blue Wave Printing & Display or purchasing Blue Wave Printing & Display products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Blue Wave Printing & Display or to purchase Blue Wave Printing & Display products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Blue Wave Printing & Display. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Blue Wave Printing & Display used in the site are trademarks or registered trademarks of Blue Wave Printing & Display
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Blue Wave Printing & Display disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Blue Wave Printing & Display 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. Blue Wave Printing & Display 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.
Limitation of Liability
Blue Wave Printing & Display 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 Blue Wave Printing & Display 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 Blue Wave Printing & Display product is mistakenly listed at an incorrect price, Blue Wave Printing & Display reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Blue Wave Printing & Display 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, Blue Wave Printing & Display 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 Blue Wave Printing & Display without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Blue Wave Printing & Display 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 Blue Wave Printing & Display.
Your use of this site shall be governed in all respects by the laws of the state of California, 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 Blue Wave Printing & Display products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Blue Wave Printing & Display products) must be commenced within one (1) year after the claim or cause of action arises. Blue Wave Printing & Display'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. Blue Wave Printing & Display 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 a Blue Wave Printing & Display 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.
Blue Wave Printing & Display 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, Blue Wave Printing & Display 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, Blue Wave Printing & Display 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 Blue Wave Printing & Display in its sole discretion.
You agree to indemnify, defend, and hold harmless Blue Wave Printing & Display, 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, Blue Wave Printing & Display may link to sites operated by third parties. However, even if the third party is affiliated with Blue Wave Printing & Display, Blue Wave Printing & Display has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Blue Wave Printing & Display. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Blue Wave Printing & Display 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).
Conditions of Sale
- Unless otherwise expressly agreed in writing, all goods are sold upon the following terms and conditions to the exclusion of any terms and conditions of the Purchaser and no agent or representative of Blue Wave Printing and Display (the Company) has any authority to vary or omit, part of or all of, these conditions. Acceptance of delivery of the goods shall constitute acceptance of these terms.
- Any deficiency in quantity of product delivered or transportation damage as at the time of delivery shall be notified to the Company immediately upon receipt. Acknowledgement of the delivery shall be deemed to be acceptance of the quantities as set out by the invoice and that the product has not suffered from transportation damage.
- Blue Wave Printing and Display will make good at its option by repair or replacement any articles sold by it which, within 3 months after delivery, are shown to the Company's satisfaction to have been, at the time of delivery, defective where such defect is solely attributable to defective workmanship, materials or manufacture provided that:
- the Company is immediately notified upon detection; and
- no defect is caused by willful damage, negligence, incorrect storage or application, incorrect use, movement, installation or assembly (except by the Company, its servants or its agents) or defects caused by fair wear and tear; and
- if required by the Company the goods are returned to the Company within one month of the discovery of the defect.
- Subject only to the provisions of Condition 3 the Company hereby excludes to the full extent allowed by law all liability of any kind whatsoever to the purchaser or any other party for any loss, damage or loss sustained or incurred by the purchaser or any other party in consequence of or resulting by, directly or indirectly, the supply of, use of, or performance of any products or services for whatever reason whether arising out of any breach by the company of any contract incorporating these Conditions or negligent or wrongful acts by the Company or its servants or its agents in connection with its products and or its services, and limits any liability that it might nevertheless have to a maximum amount being the invoiced price of the products or services in question.
- No goods may be returned to the Company without the Company's prior written consent.
- The Company reserves the right to declare void any warranty claim where the claimant does not extend to the Company a reasonable opportunity to fully inspect the product, application and circumstances of the product.
- The Company will use its best endeavours to deliver at the time stated and all delivery dates shall be regarded at best as estimates only. The purchaser must accept the actual delivery date and the Company shall not be liable for any losses, costs, damages or expenses suffered by the purchaser or any other party as a result of any delivery in delivery.
- Unless otherwise agreed between Purchaser and Company, payment in full is due within 30 days after delivery. Failure to make due payments in respect of deliveries or instalments under this or any other contract with the Company shall entitle the Company to delay, suspend or cancel deliveries in whole or in part at its option.
- For so long as any amounts remain owing to the Company, title to and property in the goods shall remain in the Company and shall not pass to the purchaser. All goods which remain the property of the Company will be held by the purchaser on behalf of the Company in a fiduciary capacity and shall be stored separately from all other goods. At any time after the due date for payment of any account owing from the purchaser to the Company and so long as such amounts have not been received by the Company in full, the Company at the purchaser's expense shall be entitled to require the purchaser to return to the Company and shall have the right to enter the buyer's premises or where the goods are stored and remove there from all goods which remain the property of the Company.
- The Company will not be liable for breach of contract arising from or caused by, directly or indirectly, force majeure, war, strikes, riots and civil commotions and nature disasters.
- Any order that has been accepted by the Company may not be reduced or cancelled after acceptance without the agreement of the Company in writing.