notice_terms_and_conditions

GENERAL TERMS AND CONDITIONS
(LAST UPDATED IN AUG., 2010)

1. Method of Payment:
1.1     If no prior mutual agreement on the method of payment is made between the two parties, the said price(s) is(are) quoted on COD basis and deposit no less than 30% of the amount must be paid upon the confirmation of order.
1.2 All payments are to be made by cash or crossed cheque payable to "Uncle Ming's Gallery"
1.3     If the customer cancels the order unilaterally without good reason(s), all the deposit will be forfeited to pay off the cost accrued in the production process and Uncle Ming's Gallery will reserve the right to sue for the discrepancy if the deposit is not sufficient to cover the loss thus arises.

2. Validity of Price:
2.1     This quotation will be valid through ONE month since the date of issue and subject to change without notice. The price will be fixed upon the confirmation of order by both parties.
2.2    The quoted price(s) is(are) only valid for the specified quality(quantities) only. New quotation should be requested if different quantity(quantities) of goods or services is (are) ordered.

3. Delivery of Goods
3.1     If not otherwise specified, the delivery of goods will be made within 10 working days after the confirmation of order or artwork whichever is later.
3.2 In case of failure to deliver the ordered items to the customer on or before the specified delivery date, the customer may choose to cancel the purchase and receive full amount of the deposit or down payment paid upon the placement of the order.
3.3     If not otherwise specified, the goods is to be delivered to our shop or service kiosk and collected by the customer. The customer should bear the delivery cost for the service of delivery of goods to the designated address at pre-agreed price.
3.4     The customer must check the genuineness or specifications of goods upon the collection and undersign on the invoice for verification of acceptance. No refund will be allowed for non-defective articles.

4. Legal Responsibility and Disclaimer
4.1     The goods or services is provided as is.
4.2 All trademarks, registered trademarks or brandnames of marketable brandname products are properties of their respective owners.
4.3     The customer must be liable to the legal responsibility for the production of the service(s) or product(s) as specified by him/her. We reserve the right to terminate the contract unilaterally without any compensation if no proper document of authorization can be shown to us upon our request for using copyrighted content such as logo(s), brandname(s) or design(s), or we have good reasons to believe that he/she intends to create or produce anything that will be scandalous, obscene or immoral,, or infringe the privacy of third party.
4.4     The product or the content of product should comply with all the relevant ordinances if not mentioned above. The customer must be liable to all the damages or claim arising from the production of the product(s) and/or service(s)
4.5     For all OEM/ODM or custom design product orders, we reserve the right to keep reasonable quantity of samples for documentation and/or demonstration purposes. All the samples will be treated in good faith and will not be abused in any way.
4.6     Please refer to our "Privacy Policy" for details about our liability and its limitation to personal(private) data.
4.7     Please refer to our "Supplementary Disclaimer for Internet Related Services & Activities" for details about our liability and its limitation to internet related services
4.8 Please refer to our "Warranty Policy" for details about our limited warranty pledged for our services or products.

5. Claim for Defective Articles, Delay or Nonperformance
5.1     Claim for replacement or refund for defective articles must be made within 7 days since the day of delivery.
5.2     The claim of customer for delay or nonperformance due to Force Majeure is limited to the deposit or downpayment only, the supplier, "Uncle Ming's Gallery" shall not be liable to the customer for any losses and liabilities of any kind arising from any cause beyond its reasonable control including act of God, government act, war, fire, flood, accident, industrial dispute or impossibility of obtaining materials.
5.3     In the case that customer supplies the raw material or middle product for processing, a reasonable percentage of wastage must be assumed and accepted. The customer should understand that wastage during the production process is unavoidable and must accept that no compensation will be promised for the wastage. All wasted materials, if not consumed in the course of production, will be returned to the customer

6. Placement and Confirmation of Order:
    Order for the said articles may be confirmed by either undersigning on this quotation/invoice with company chop if there is any, or sending us the official purchase order with authorized signature and company chop.

SUPPLEMENTS TO THE TERMS AND CONDITIONS FOR PRINTING:

1. Standard of Printing
1.1. The customer should understand that in the same batch printing of every print job, there may be as much as +/-5% discrepancy in the reproduction of color with reference to the Pantone Processing Color Guide or equivalent. This should not be interpreted as defective or nonstandard products.
1.2. The customer should understand that in different batch printings of the same print job, there may be as much as +/-5% discrepancy in the reproduction of color for full color (i.e. CMYK) printing or 10% for Mono/Multi-color printing with reference to the Pantone Processing Color Guide or equivalent. This should not be interpreted as defective or non-standard products.
1.3. The customer should understand that printing on different media will result in unpredictable result in the reproduction of color. This should not be interpreted as defective or nonstandard products.
1.4 There is no guarantee for the reproduction of special effect created by methods such as texture pasting, plug-in filters, color distortion and all those techniques which are deemed not to be repeatable. For the purpose of pursuing best result, the customer may request for test printing or press proof provided he/she pays for the cost thus arises.

2. Storage Service Relating to Printing
2.1 Artwork: Uncle Ming's Gallery will keep the soft copy of graphical or color artwork for 5 years and typing for 6 months free of charge. However, there is no compensation for the corruption or loss of soft copy of artwork due to hardware failure or Force Majeure.
2.2 Lithographic Plate and Film: Lithographic plate for each print job will be kept for 3 months and the preservation of film will be limited to 6 months.
2.3 Uncle Ming's Gallery may have the right to keep either hard copy or soft copy of all the artwork for printing. All the copies or data in record will be treated in good faith and will not be abused in any way except in case of Force Majeure.
2.4 The customer must pay for the cost of film if he/she request to keep the film by himself/herself except there is prior agreement concerning the disposal of film upon the confirmation of order. In any case, the lithographic plate will only be kept by printer or Uncle Ming's Gallery.

3. Artwork and Film Production Service:
3.1 Scope of Service: The said services include all the pre-press steps except design in the production of an artwork and film for printing, e.g.. drawing, typesetting, scanning, photo-taking, color separation, film output, proofing and dummy making.
3.2 Amendment: For all those amendments not due to our fault must be fully paid up by the customer. Request for amendment must be made in writing or drawing with clear and precise instruction(s) or marking(s) on it. Oral instruction is not acceptable to avoid mistake(s) arising from ambiguity or misinterpretation of words.

SUPPLEMENTS TO THE TERMS AND CONDITIONS FOR DESIGN:

1. Definition of Design:
    Creation of graphical artwork, decorating ornament, arrangement of any kind of objects and/or presentation of ideas concerning the aforesaid services in an organized way such as plan, sketching, photograph. slide, sound track, videotape, film, computer graphic, etc..
2. Amendment:
    The customer may request for 2 minor amendments to the provisional design. Additional amendments and draft artwork are subject to studio charge at current time rate.
3. Fee:
    The customer must pay at least 50% of the total projected charge for the design in any form as deposit and fully pay up the cost of film, plate, press proof and/or anything produced in the course of production even he/she declines to accept the design and surrender all the film, plate, press proof or else amid the production process for any reason.
4. Copyright:
    The customer who fully pay up all the service charge will have the copyright to the finished artwork or design as a whole except those individual composing elements including visual content such as clip arts, images, photographs, etc., or verbal content such as slang, quotations, old sayings , etc. from either Uncle Ming's Gallery or thirty party. Uncle Ming's Gallery reserve the right to keep reasonable copies of the artwork/design for the purpose of job record or presentation of samples in self-promotion activities

SUPPLEMENTARY DISCLAIMER FOR INTERNET RELATED SERVICES & ACTIVITIES

1.     The content provided on this web is subject to change without prior notice.
2.     The use of the content provided on this web is at your own risk. There is no warranties whether expressed or implied for any damages that might arise from using the data. Uncle Ming's Gallery assumes no responsibility for any loss of money, time or productivity, or damages in any way to any person(s)or computer hardware or software as a result of browsing or downloading from our web.
3.     The goods or services is provided as is.
4.     All trademarks, registered trademarks or brandnames are properties of their respective owners.
5.     You may not store, modify, publish, transmit, display, distribute, or resell the content of this web except as otherwise expressly permitted under copyright law.
6.     Uncle Ming's Gallery is not responsible for the availability of the external sites or resources linked by URLs on our web, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Uncle Ming's Gallery also assumes no responsibility for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
7.     All the products in those albums under the category of commercial products or services are displayed for reference of specification only. Some of them may contain logos, trademarks or company name of our vendors or customers. Except as otherwise expressly permitted under authorized reseller contract, they are not offered for sale and the logos, trademarks or company name belong to their respective owner . Reproduction of them without authorization is strictly forbidden. The price, if there is any, only serves as a reference information of the production cost but does not imply that they are marketable to the public without authorization.
8     All the sample photographs in those albums under the category of commercial photography are displayed for demonstration only. They are taken by us for our customers. According to the terms and conditions for photo-taking jobs of our gallery, our customers are given all the rights to the photographs we take for them. We only reserve the right to keep and show the photographs as samples for reference. You are not allowed to copy, store, resell, distribute or published any photograph in those albums.
9.     Some of the items are patented products. Imitation of them may infringe the interest of their patent holder and subject to legal prosecution.
10.     For the protection of our customers' interest and privacy, all the sample photographs are downsized or partly covered They must be put on the web at least 6 months after the job completed or after the official release date of the products to be photographed.
11.     All the fonts and symbols displayed in the font or symbol navigation list are shown for reference only. Anyone who want to subscribe the artwork creation or production services from us may refer to it and select his/her favorable fonts or symbols for his artwork. The fonts and symbols will be embedded in the artwork either in text or line art format. The original source file(s) of the font(s) or symbol(s) in use will not be supplied with the artwork.
12.     We keep releasing some selected photographs or images from our own image bank for free download. You may download the image files provided under the category of free images download for noncommercial use free of any charges on condition that the creator or publisher stamp is kept. You may also link or redistribute these image files with the creator or publisher stamps of our gallery, together with this license agreement to third parties if no commercial benefit is to be generated.
13     You are not allowed to create scandalous, obscene or immoral works with the content, including both the text and images but not limited to, on our web or relate them to identifiable individuals or entities in a manner suggesting their association or endorsement of any product or service. In such a case, you must liable to all the legal responsibilities for your abuse.

WARRANTY POLICY

1. This warranty policy is only applicable to products or services of which we are the manufacturer or sole dealer. For other marketable items, please refer to the warranty cards issued by their manufacturer, sole agents or dealers for the detailed terms and conditions for warranty service. The customer must present this invoice when warranty service is requested during warranty period
2. The warranty will be treated as void if:
      a) the invoice is lost, misplaced or amended.
    b) the unit is damaged in transit or misused after your purchase.
       c) the unit has not been installed, maintained or operated in accordance with the instruction furnished by the manufacturer.
       d) any unauthorized repair or modification carried out on the unit.
3. Any costs of transport are on account of purchaser.
4. The warranty is limited to repair and/or adjustment against workmanship and materials. Warranty will not cover those damages due to :
       a) operation which is not specified on the user's manual.
       b) fault voltage supply.
       c) fire, flood, or any other will-of-god.
    In such cases, the customer must reimbursed the cost of parts or workmanship for repairing the damaged goods.
4. A "One for One" replacement service for defective item is valid for 7 days from the date of purchase or collection, whichever is later. The limited warranty period for the product, if not otherwise specified, is 12 months since the date of purchase.
5. Please return faulty product in original packaging. If original packaging is not available, return product in suitable protective packaging to prevent physical damage.
6. A testing charge will be made if the returned product is found to be in proper working order.
7. In case no spare part is available for repairing due to the termination of the production of the model, the faulty product will only be replaced by similar model of equal value.

ref.: 10/um/doc/terms_n_conditions
lastupdated in Aug., 2010