Terms Of Service
Introduction - The terms and conditions in this document reflect the common business practices of Oddball Designs, which apply unless other arrangements are made in writing.
Prices - We reserve the right to change prices at any time without notice or reason.
Quotation - Standard quotations are valid for 7 days 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. Oddball Designs reserves the right to decline to quote.
Copyrights - Oddball Designs holds the copyright on any design, sketch, artwork, or other creative work we have furnished unless other arrangements are agreed to in writing. With the purchase of a design the client is granted the right to use this design for embroidered (but not printed) garments, and other non-signage use (Excluding Business Cards, Flyers, Websites). Oddball Designs reserves the right to be sole fabricator of any sign or vehicle livery we have designed, and to display our work or images of our work for portfolio purposes (both in print and online). With the purchase of a "sign design", the above rights are granted, but Oddball Designs will not specifically endeavour to create a design that meets all of the above application criteria.
If you do not order Oddball Designs reserve the right to Copyright any designs we have drawn up indefinitely.
Under copyright law there must be a significant difference between our designs & those that you may use, for example a change of fonts or slight difference in colour would put you in breach of copyright law & in that instance an invoice would be issued.
Initial designs are mainly for quoting purposes & if the design is not used we do not charge for this but if after being quoted the customer asks for any alterations design fees will apply after the first 15 mins, be sure only to ask for adjustments if you wish to go ahead with the design or product or both.
Oddball Designs do not design, manufacture or install any image/product/item free of charge.
In cases where a logo, artwork, or other elements are provided by the client to Oddball Designs, the client warrants that the subject matter is not copyrighted by a third party or that the client has been granted permission to use the copyrighted material for advertising purposes. To support these warranties, the client agrees to indemnify Oddball Designs in any legal action connected with copyright infringement involving the work produced.
Design Approval – Oddball Designs will submit designs for the client's review. One revision will be allowed for in order to satisfy the client's needs. If more revisions are required, or the original design assignment or specifications change significantly during the design process, additional design fees may apply. The client (in writing or via down payment) will confirm approval of a final design drawing before fabrication work begins. Samples and prototypes requested by client may incur additional charges.
For vehicles it is the clients responsibility to check and confirm it is the correct make & model, windows are where they are on the profile we have used, that there are no badges or body mouldings that conflict with the design, that all spelling & colours of vehicle paintwork are correct, it is your responsibility to ensure all is correct before placing your order, Oddball designs will not be held responsible for any costs in rectifying graphics or signs which falls to the client.
Client Errors / Alterations - Oddball Designs will not be held responsible for undetected errors (including but not limited to: phone numbers, email addresses, contact details, prices) on a final design drawing that has been approved by the client whether in writing or verbally. Alterations requested by the client after a final design drawing has been approved may incur additional charges.
Colour Matching - Because of differences in computer screens (colour calibration, etc), printed samples and actual vinyl colours, a slight colour variation between the submitted design and the completed work is to be expected. When closer colour matching is required the client will submit colour chips or Pantone numbers. Oddball Designs will then make the closest match within the limits of our current suppliers.
Sign Graphics – Many of Oddball Designs works 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 client prior to creation of the actual "work of art". Since this sketch is generally computer designed, it will not exactly match the final work, which is generally done in weather resistant vinyl. The final work is assumed to be an improvement over the client-approved sketch and will therefore be a reasonable, but not an exact, match. Where the outcome of final artwork is more critical, Oddball Designs (upon special request of the client) can send a photograph of the final artwork to the client for approval prior to attaching it to the sign. This level of exactness will incur additional charges.
Payment Terms -A deposit is required after one revision of the design and before the sign enters production. Payment can be made by Cash, Credit* or Debit Card or Cheque, but must clear before production will start. Remaining balance will be paid on completion of work and in cases where we are to fit the signs before fitting commences (in special circumstances where Oddball Designs chooses to fit the signs when the client is not available for payment we may allow a small grace period) but in any case no later than 48 hours after an invoice has been issued.
Production Schedule - A production schedule will be established after the final design drawing has been approved and full payment has been made. Most signs are fabricated within 2 weeks. Oddball Designs will give an honest time estimate and will do our best to meet tight deadlines, but there will be no liability or penalty for missed deadlines. Oddball Designs will also not be held responsible for delays related to shipping, customs, stock issues, third party installations, or other causes beyond our control including our decision to delay the installation of signs due to weather or potential safety issues.
Websites - All websites are registered in our name for ease of dealing with authorities but can be transferred upon request, a fee will be payable.
Compliance With Rules & Regulations - Oddball Designs shall ensure that when any of its obligations are performed on the Customer's premises, all reasonable rules and regulations in force, and made known by the Customer to Oddball Designs, are complied with by Oddball Designs. In certain circumstances we may ask the customer to close or restrict access to premises at our discretion whilst fitting signs due to health and safety guidelines.
Transfer of Title - Signage becomes property of the client only once all monies owed have been paid in full, until this time we retain the title on all goods supplied. We reserve the right to remove any products that are not paid for in full, and we also reserve the right to enter premises to collect any goods. All costs incurred in removal, storage and refitting of those products once they have been paid for whether voluntarily or by court order will be met by the client. Oddball Designs is responsible for the safety of any works only until they have been delivered by ourselves or collected by the client or courier .
Cancellation - The Customer can cancel the contract or order at any time in writing without giving any reason or any notice period. At such a time as a written notice to cancel the contract is received by Oddball Designs an invoice will be issued to the Customer for any work completed to date based on a reasonable hourly rate & materials processed & work already undertaken.
Upon cancellation of the contract or order for any reason, the Customer must destroy all relating information supplied by Oddball Designs on the product whether in physical or electronic form.
Non-Payment - In the event of non-payment by the Customer, Oddball Designs, at its discretion, may elect to treat the contract or order as cancelled or continue the contract and/or leave products in place as long as it sees fit and seek continuing or final payment from the Customer until the contract or order is cancelled by the customer in accordance with these Conditions.
Confidentiality - Both parties undertake to keep confidential all information which is either designated as confidential by the disclosing party, or which is by its nature to be regarded as confidential whether written or oral, that its respective employees, agents or sub-contractors shall have obtained or received in the course of negotiations or completing the contract.
Disclosing our prices, designs or layouts to our competitors is deemed in breach of the above
Claims - Claims for defects, damages or shortages must be made by the customer in writing no later than 10 days after delivery. If no such claim is made, the client acknowledges that Oddball Designs’, performance has fully satisfied all terms, conditions, and specifications. In the case of printed garments Oddball Designs may in certain cases decide to reprint the garment but this must be supplied by the customer Oddball Designs will not replace any garment printed in error, this includes but is not limited to wrong colour print, wrong text or font or wrong location of print.
Installation of Signs - This is the sole responsibility of the client, unless otherwise agreed for which there will be a charge dependant on the time and difficulty of fitting and access, we will give a quotation prior to commencing work but this may be more or less depending on circumstances during installation Oddball Designs reserves the right to refuse to fit or continue fitting any signs at any point in the fitting process without reason, signs will only be fit to secure surfaces, this is the responsibility of the client to make good should any surfaces be found inadequate, at our discretion we may have to fit certain signs on a Sunday or after hours due to public safety (IE Town Centres and Precincts) this may incur an additional charge.
Planning Permission - Whilst we will help all we can with advice regarding your signs it is you (the customers) responsibility to ensure relevant planning permission is in place for any signs erected including seeking any permision from landlords or property management companies.
Liability / Disclaimer of Implied Warranties – Oddball Designs warrants only that our work will conform to the description contained in the approved final design drawing. Oddball Designs’ maximum liability, whether by negligence, contracts, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Oddball Designs be liable for specific, individual, or consequential damages.
Removal of Old Signs -On removing any old signage from premises whether or not this service is charged for prior to fitting new ones these become the property of Oddball Designs to dispose of how they see fit unless a prior written agreement has been made to remove the signs on behalf of the client for them to dispose of.
Vehicles- Oddball designs will not be held responsible for any vehicles or their contents whilst left on our premises or in our custody.
Failure to receive an Invoice is not accepted as a reason for missing the payment deadline.
If these terms are broken Oddball Designs will issue you an invoice for designs, drawings, surveys, consultations & any work carried out up to the point of cancellation.
THESE CONDITIONS APPLY IN SUBSTITUTION FOR ANY PREVIOUS CONDITIONS.
6th Edition, June 2012.
*We may charge a small fee for payment by credit card