Custom Router Services

Terms & Conditions

All sales or offers of sale of goods and services made by Custom Router Services and all orders accepted by Custom Router Services from a buyer (“Buyer”) are made exclusively upon the terms and conditions of sale set forth below. No contrary or additional terms or conditions proposed by Buyer will be accepted by Custom Router Services absent a written instrument executed by an authorized representative of Custom Router Services making specific reference to the specific contrary or additional term proposed by Buyer which is accepted by Custom Router Services and any proposed contrary or additional terms not expressly accepted by Custom Router Services in writing in accordance with the provisions hereof are hereby rejected.

Consultation

Prior to offering specific quotations or commencing design work, Custom Router Services requires an interview to discuss marketing and design questions. Information gathered during this consultation provides a basis for quotation and design. Consultations conducted by telephone and/or email are free. If a site visit is required, Custom Router Services may require a fee and reimbursement of costs prior to the visit.

Quotation

Standard quotations are valid for thirty days of issuance if there has been no change to specifications. Deadlines for special discount offers are determined on a case-by-case basis. Quotations do not include anything that is not specified in writing in the quotation. Custom Router Services reserves the right to decline to quote.

Design Approval

Custom Router Services will submit a design for the Buyer’s review. The initial design fee is determined by the project size and specifications, it includes up to three revisions, and is non-refundable. If more revisions are required, or the original design assignment or specifications change significantly during the design process, additional design fees may apply. Buyer (in writing or by means of making a down payment) will confirm approval of a final design drawing before fabrication work begins. The design fee is seperate from fabrication costs, and is required before any design work will commence. Samples and prototypes requested by Buyer may incur additional charges.

Client Errors / Alterations

Custom Router Services will not be held responsible for errors on a final design that has been approved by Buyer. Alterations requested by Buyer after a final design drawing has been approved may incur additional charges.

Color Matching

Because of differences in computer screens, printed samples, and actual paint/stain colors, a color variation between the submitted design and the completed work is to be expected. When closer color matching is required, Buyer will submit color chips or PMS numbers. Custom Router Services will then use reasonable efforts to make a closer match within the limits of its then current paint/stain supplier.

Sign Pictorials

Many Custom Router Services designs include original custom artwork. The sketch that is approved during the design process is assumed to be a “rough draft” or an “artist’s study” submitted to the Buyer prior to creation of the project. Since this sketch is just a rough draft, it may not exactly match the finished product, which may include hand sculpting. The product will therefore be a reasonable, but not an exact, match. Where Buyer desires more control over the final product, upon Buyer’s written request Custom Router Services may send a photograph of the final artwork to the Buyer for approval prior to final production. Such service is at an additional charge.

Payment Terms

Fabrication of the product will begin after receipt of 50% down payment. The balance of the fabrication fee (including shipping) is due upon completion of production. Full payment is required prior to pick-up or delivery. Any other payment arrangements must be approved in writing by Custom Router Services. In the event Buyer receives the product prior to payment in full for any reason, Custom Router Services hereby is granted a security interest in the product until payment in full is received. Without limiting the generality of the foregoing, Custom Router Services reserves the right to repossess any goods, retain all monies paid, which will be deemed forfeited, and/or pursue all other legal remedies against Buyer. Should Buyer cancel an order or part of an order prior to the completion of the order, Custom Router Services reserves the right to charge a handling and termination fee. Cancellation does not release Buyer from its obligation to pay for those parts of the order already fabricated.

Production Schedule

A production schedule will be established after the final design drawing has been approved by Buyer and a 50% down payment has been made. Most products are fabricated within two to four weeks. Shipping requires additional time. Custom Router Services will use reasonable efforts to meet such production schedule, but there will be no liability or penalty for missed deadlines. Custom Router Services will also not be held responsible for delays related to unavailability of materials, shipping, customs, third party installations, or other causes beyond its control.

Inspection and Claims

All products must be promptly inspected by Buyer. Claims for defects, damages or shortages must be made by Buyer in writing no later than ten calendar days after pick-up or delivery. If no such claim is made, Buyer thereby acknowledges that Custom Router Services has fully satisfied all terms, conditions, and specifications. If Buyer does make a claim within ten calendar days, Custom Router Services will either refund the purchase price, rework the product, or supply customer with a new product.

Copyright

Custom Router Services is the owner of the copyright on any design, sketch, artwork, or other creative work furnished by Custom Router Services. Custom Router Services is the exclusive fabricator of any product it has designed. As an accommodation to Buyer only, Buyer is granted the limited right to use the design created by Custom Router Services for labels, brochures, stationary, websites, garments, and other non-signage use, provided (i) such use does not violate any law or the intellectual property rights of any third party, the determination of which is the sole responsibility of Buyer; and (ii) Custom Router Services does not make any representation that the design may be adapted to such uses. Buyer is solely responsible for ensuring that the content of the products (including any use made pursuant to the second paragraph hereof) does not violate any laws or any third party’s rights, as well as ensuring that the product complies with municipal and other requirements, and Buyer will defend, indemnify, and hold harmless Seller, its members, managers, officers, employees, affiliates, and agents from and against any cause of action, loss, or damage of any nature whatsoever arising from any such violation or alleged violation. All drawings and materials showing the Custom Router Services trademark are the intellectual property of Custom Router Services and may not be copied, reproduced, or forwarded to others either manually or electronically without the express permission of Custom Router Services. In cases where a logo, artwork, or other elements are provided by Buyer to Custom Router Services, Buyer warrants that the subject matter is not copyrighted or other rights therein are not owned by a third party or that Buyer has been granted permission to use the copyrighted or other proprietary material on their products. Buyer will defend, indemnify, and hold harmless Seller, its members, managers, officers, employees, affiliates, and agents from and against any cause of action, loss, or damage of any nature whatsoever arising from any such violation or alleged violation of the foregoing representation.

Permission

The size, content, and other elements of the product may require approval from building owners and local authorities, all of which approvals are the sole responsibility of Buyer. Installation of products. Installation is the sole responsibility of the Buyer. Transfer of Title. Title to the product passes to Buyer upon pick-up or shipment. Custom Router Services is responsible for the safety of the product while it is in its possession for up to two weeks after fabrication is complete or until it is picked up or shipped (whichever comes first). Custom Router Services will not be held responsible for the care of products that remain uncollected for longer than fourteen days. Liability / Disclaimer of Implied Warranties. Custom Router Services warrants only that its work will conform in all material respects to the description contained in the approved final design drawing.

CUSTOM ROUTER SERVICES MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ANY GOODS OR SERVICES HEREIN INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CUSTOM ROUTER SERVICES BE LIABLE TO BUYER EVEN IF CUSTOM ROUTER SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CUSTOM ROUTER SERVICES' LIABILITY UNDER ANY CAUSE OF ACTION WHATSOEVER EXCEED THE AMOUNT PAID BY BUYER TO CUSTOM ROUTER SERVICES FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Choice of Law

All matters relating hereto shall be governed exclusively by the laws of the State of Minnesota without regard to its conflicts of laws principles that would have a contrary result. The United Nations Convention on the International Sale of Goods shall not apply. Any dispute, claim, or controversy between Buyer and Custom Router Services arising hereunder that cannot be resolved through good faith negotiations shall be formally venued in the Minnesota State Supreme Court situated in Renville County, Minnesota.