TERMS | Oregon Labels

TERMS & CONDITIONS

Please read these Terms and Conditions so you are aware of our current policies. Oregon Labels reserves the right to change these Terms and Conditions at any time without advance notice. You may also want to read our privacy policy.

By using the Oregon Labels website and/or when you purchase from Oregon Labels, you agree to the terms and conditions below.

1. Copyright and use of our designs

2. Your images and art

For any image you upload to this website, you must own the copyright, or have permission from the copyright holder.
It is your responsibility to know if your image is copyright free. If you took the photo or created the art, then you own the copyright. If you did not take the photo or create the art, you do not own the copyright, and you need permission from the person who created it. It is a crime for you to use a photo or image without the written permission of the copyright holder. You are entirely responsible for any lawsuits brought against you if you choose to use images that you do not have the legal right to use. You agree to hold Oregon Labels harmless from any claim brought against you from your illegal use of copyrighted images.
You warrant that you have permission to use the image of all persons appearing in your photos.
You may not upload any images containing material that is illegal, defamatory, x-rated, or that promotes racism, hatred, discrimination or violence.
We reserve the right to remove images from our server for any reason at any time.
We reserve the right to refuse to publish any image.

3. Quotes

All estimates, verbal or written, are to be considered tentative until the job is received in Oregon Labels' plant. Estimates for printing are based on the receipt of press-ready digital files. Condition of files which deviate from this standard are subject to re-estimating and pricing review by Oregon Labels at time of submission of file, unless otherwise specified in estimate. The costs associated with fixing problems, lost time, and loss of materials shall be considered alterations to this order. Estimates over (30) days old are subject to revisions.

4. Orders

Orders shall be effective upon acceptance by Oregon Labels. Acceptance by Oregon Labels may be either by notification to customer or by Oregon Labels' commencing work on the merchandise ordered. Written instructions are required with all orders. Phone and other verbal instructions must be followed up with written confirmation. Oregon Labels will assume no responsibility for any verbal instructions. Orders can be cancelled only upon terms that will compensate Oregon Labels against loss.

5. Preparatory work

Sketches, copy, photos, artwork, preparatory work and all digital files created or furnished by Oregon Labels shall remain Oregon Labels' exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except with permission of Oregon Labels.

6. Customer artwork

All of the customer's artwork, photography, digital files and other items shall at all times remain the sole and exclusive property of the customer.

7. Protection of customer's property

Oregon Labels will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the Customer while such property is in Oregon Labels' possession; Oregon Labels' liability for such property shall not exceed the amount recoverable from such insurance.

8. Digital proofs

All orders will receive a digital proof, either online at the time you place your order, or later via email. Any corrections you ask for must be (A) Noted in the proof approval form; or (B) Sent in an email with the digital proof, along with the notation "OK with changes", and the changes listed, and signed by you. If you wish to see a revised proof, you need to make the request in the form or via email along with the noted corrections. Oregon Labels will assume no responsibility for verbal instructions or if you have instructed Oregon Labels to proceed without your response to the proofs.

9. Printed proofs

For roll label orders over $1,000, you will be mailed a printed proof at no charge. Inspect your printed proof carefully, then email us back with your approval or changes. You do not need to return the proof; we have an identical copy in our shop which we will use to create your order. If you wish an additional printed proof, it will be created and mailed for $25. If you prefer to receive a digital proof instead, we will be happy to send you one; however keep in mind a digital proof will not show you the exact color or give the full effect. In the case of digital proofs, Oregon Labels will take every care to print the best possible job, but Oregon Labels cannot guarantee a color match since screen colors are not created the same way ink colors are, and therefore they can only come close. Any corrections you wish to have made must be in writing. Oregon Labels will assume no responsibility for verbal instructions or if you have instructed Oregon Labels to proceed without your response to the proofs. If your roll label order is less than $1,000 and you want to see a printed proof, it is available for $25.

10. Alterations and prepress setup

We provide, at no charge, one hour of graphic design service (or three edits to proofs) to help you with alterations to your order, and to set it up for success on the press. Once we have exceeded this amount, our design and prepress services are billed at $120 per hour. This additional service will be supported with documentation upon request.

11. Quality

Oregon Labels follows exacting standards to produce top-quality reproductions of your original art, very close to the original image supplied, but does not guarantee a "perfect color match". Merchandise covered by this order will be subject to reasonable variation from standard ink color, quality and finish, in accordance with the trade customs of the industry. Oregon Labels runs CMYK presses, and all colors will be created using CMYK formulas. Pantone inks are not used.

12. Overruns or underruns

Roll label orders of less than 2,000 labels will ship the exact amount. For orders of more than 2,000 labels, the run can be up to 5% more or 5% less than the amount ordered. If you require a guaranteed "no less than" amount, the percentage of the overage allowance will be 10%. Oregon Labels reserves the right to charge for the actual quantity delivered, within these tolerances, whether the customer accepts the overrun or not.

13. Delivery to customer

Unless otherwise specified, the price quoted is for delivery to the customer in a single shipment, without storage, F.O.B. Oregon Labels' plant; unless specifications distinctly state otherwise.

14. Title

Title for the finished labels shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoice for finished work, whichever occurs first. Customer's recourse for loss or damage in transit is solely against the carrier, but Oregon Labels will gladly assist customer in filing any such claims.

15. Production schedules

All schedules are tentative until proof approval, at which time jobs can be entered into production. Delivery dates are approximate, subject to the normal variations customary in the industry. Neither customer nor Oregon Labels shall incur any penalty or liability for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government, civil authority, acts of God or other causes beyond the control of the customer or Oregon Labels.

16. Payment terms

Payment shall be upon Oregon Labels' receipt of customer's order unless otherwise provided in writing. 18% per year interest may be charged to all past due accounts at Oregon Labels' option. If the customer cancels an order, payment is immediately due for all materials used and work that has been completed.

17. Claims

Claims for defects, damages or shortages must be made by the customer within a period of ten (10) days after the customer receives their goods. Claim must be in writing. Failure to make such a claim within ten days shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Oregon Labels' liability shall be limited to the stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits or loss of profit. With respect to any mailed materials, Oregon Labels is not liable for any damages including profits lost as a result of providing mailing services.

18. Security of payment

As security of payment of any sum due or to become due under terms of any agreement, Oregon Labels shall have the right, if necessary, to retain possession of, and shall have a lien on, all customer property in Oregon Labels' possession including work-in-process and finished work. The extension of credit, acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien. Should it be necessary for Oregon Labels to bring any suit or proceeding against the customer for nonpayment of their account, the customer shall be liable for court costs, reasonable attorney's fees, and payment of full amount due plus accrued interest. Any amount owing will become due immediately in the event of bulk sale, mortgage, bankruptcy, attachment or execution made by or against the customer, or in the event of refusal of customer to accept the merchandise ordered hereunder.

19. Returned checks

A penalty of $25.00 for each NSF check returned to Oregon Labels will be assessed to the customer.

20. Indemnification

The customer shall indemnify and hold harmless Oregon Labels from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Oregon Labels on grounds alleging that the said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that Oregon Labels has contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Oregon Labels, provided that Oregon Labels shall promptly notify the customer with respect thereto, and provide further that Oregon Labels shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.

21. Marketing

Doing business with Oregon Labels gives you the opportunity to co-brand in our online marketing. By placing an order, you agree to allow Oregon Labels to use your printed labels in our marketing. This includes photos of your labels at our production site; either on rolls, sheets, or on your products (provided you send us the labeled products). Your labels will not be used in an inappropriate manner, such as being affixed on an item that is not your product, or in settings other than the Oregon Labels' production site. If used, the photos of your products will appear on Oregon Labels' Instagram posts, Facebook posts, Google or Bing listings, etc. You are also welcome to use our marketing photos for your own marketing campagins. If you do not wish to participate in Oregon Labels' co-branding, email info@orevonlabel.com or call 855-522-3575 and request to be removed from our co-branding program.

22. Legality of contract

if any term of this contract is found to be illegal under the laws of the State of Oregon, all other legal terms remain in force and are binding.

23. Legal action

If legal action is brought against the customer or Oregon Labels from a commercial transaction under this agreement, the customer and Oregon Labels agree to have the matter heard in the courts of Union County, Oregon.