Terms and Conditions
The Empire Render Standard Terms and Conditions (“Terms & Conditions”) shall govern all transactions between Empire Render (“Empire”) and all Empire Render customers (“Customer”) for all 3D rendering services and products.
Customer expressly acknowledges and agrees that the Standard Terms & Conditions supersede over any pre-printed terms and conditions on any Customer purchase order or other sales document and are incorporated by reference and deemed an integral part of any Quotation, Order Confirmation or other agreement for Services. Any request and/or receipt of 3D Services includes Customer’s agreement to be bound by these Terms & Conditions. Any variation or modification to these Terms & Conditions must be in writing.
Services and Prices
Quotations and Specifications
Upon receipt of specifications from the Customer, Empire shall indicate its ability and agreement to provide Services through issuance of a Quotation. It is the Customer’s responsibility to confirm that all specifications indicated in a Quotation are complete and accurate in all respects. In the event that any specification is found to be incomplete or inaccurate, Empire reserves the right to stop work until such time as appropriate and agreeable changes to a Quotation or Order Confirmation are finalised.
The Quotation and Order Confirmation contains the complete and exclusive definition and description of the Services to be provided, price and payment terms.
Upon issuance of a Quotation, Customer shall notify Empire of its approval and acceptance of the Quotation in writing.
Before any work commences the customer shall have the right to make changes in drawings, designs, specifications, materials, and method of delivery within the agreement which is listed in the quotation. If any such change causes an increase in the cost of an item or time required for the Services, an equitable adjustment shall be made to the Quotation/Order Confirmation in writing. All quotation allows the customer up to three rounds of changes to the draft image.
Any changes beyond the third round or after the final high resolution image has been issued will be charged to the customer at the fee specified in the terms and conditions of the initial invoice.
Compatibility and Intellectual Property
Empire warrants that the Services and all rights thereto are owned by Empire and shall not violate any copyright, patent, trademark, trade secret or any other proprietary right of any third party. Empire represents and warrants that it has and will convey to Customer good title to the Services, free and clear of all liens and encumbrances and that the Services are in compliance with all federal, state and local laws, rules and regulations.
Customer’s request for Services and delivery of an Original to Empire for scanning, copying and/or reproducing indicates Customer’s representation and warranty that Customer has the full legal right to scan, copy, reproduce and possess the Original.
Limitation of Liability
Except as otherwise expressly stated herein, all conditions, warranties and representations, expressed or implied, by statute or otherwise, in relation to the performance or non-performance of any Services are hereby excluded to the full extent permitted by law.
Unless otherwise agreed in writing, all drawings, illustrations, descriptions, specifications, technical data, advertising and other similar information issued by Empire or contained in any Empire literature, website or other publication is published solely as a means of approximating Empire’s Services and shall not form a part of any Quotation or Order Confirmation unless specifically stated therein.
Empire shall bear no liability, in contract or tort (including negligence or other breach of statutory duty) for any misrepresentation or for any loss or damage, direct or indirect, foreseen, known or advised in advance, including but not limited to loss or damage incurred by Customer as a result of third party claims, loss of actual or anticipated profits, loss of business opportunity, loss of anticipated benefits, loss of goodwill, any indirect, special or consequential loss or damage howsoever caused. Empire’s total liability under or in connection with the performance or non-performance of any Services whether for negligence, breach of contract, negligent or intentional misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the amount actually paid under any Quotation or Order Confirmation.
EMPIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM HEREUNDER INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR OPPORTUNITIES, EVEN IF EMPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any action resulting from any claimed breach on the part of Empire must be commenced within 6 months of the date the cause of action has accrued.
Performance and Delivery
Unless otherwise agreed by Empire, all Services shall be performed at Empire’s discretion. The Customer shall deliver all required documentation to complete the Services to Empire before any work and commence.
All deadlines indicated are estimates only and Empire shall bear no liability for any delay in delivering the Services. The Customer shall be notified of completion of Services by email or telephone upon completion. Unless otherwise agreed in writing, Customer shall arrange for retrieval of all required or necessary Originals within five (5) business days of notification of completion of Services. Empire reserves the right to charge a reasonable daily storage fee for any Original not retrieved by Customer within seven (7) days of notification. Originals not retrieved after thirty (30) days may be disposed of at Empire’s discretion.
Unless otherwise agreed in writing Empire shall not be liable for any loss or damage to any Original.
All Services shall be delivered to Customer electronically by email or other file transfer protocol, at Empire sole discretion, unless otherwise indicated in Customer’s specifications. Upon Customer’s advance request, flash drives or other media is available. Cost of media and related tax shall be billed accordingly to Customer’s account.