Terms & conditions for Activating an Image3D Order
1. DEPOSIT AND ORDER FORM: All orders require a deposit of 50% of estimated order amount, a signed Image3D order
form indicating agreement with the Image3D terms and conditions of order, art work and photos in required format.
After order is issued to Image3D, should a change occur that increases the price, additional deposit may be required.
2. ACCEPTANCE OF ORDER: No order is binding upon Image3D until accepted by Image3D in writing, and Image3D shall
have no liability to client with respect to purchase orders that are not accepted. If order is accepted, an order
acknowledgement indicating acceptance will be sent to client after receipt of order, deposit, and all art and photos in
required format. On a rare occasion provided artwork may be used for sample purposes.
3. BALANCE OF ORDER DUE: The balance of the order is due prior to shipping of final product. If Image3D does not
receive payment by one business day prior to the planned shipping date, shipment will be placed on hold and client
will be responsible for payment of storage fees until payment in full has been received.
4. 3D TECHNICAL SERVICES: The cost of computer 3D technical services is only an estimate based on past work. If art
requires substantial additional graphic services time, client will be notified of added charges.
5. IF ORDER INCREASES: If the total amount of the order, including technical services and any changes made by the
client, the client will be notified in writing and asked to sign an authorization for the additional charges.
6. PRODUCTION TIME: Time to shipment: 10 business days with virtual (pdf) proof, 15 business days with physical proof
or 30 business days with physical proof. If less than 10 business days with virtual (pdf) proof or 15 business days with
physical proof is required, rush charges will apply. The time clock starts upon receipt of deposit, signed Image3D order
form, and art work and photos in required format.
7. PROOFS OF REEL, IMPRINT ON VIEWER AND PACKAGING: Proofs will be sent to client for approval. Final delivery
date is dependent on client approving proofs within 24 hours of receipt. Delays in approval will impact delivery
schedule. Any revisions at this point, other than correcting Image3D errors, will incur remastering fees or possible art
charges and could affect the date of shipment. Client assumes final responsibility for accuracy of copy used on all
artwork submitted. Client pays for the shipping of a physical proof.
8. SHIPMENT/FREIGHT CHARGES: Method of shipment will be Ground Service unless otherwise specified by client’s instructions.
FOB Milwaukie, Oregon 97222. Freight will be charged to client's freight account or prepaid and added to
invoice.
9. INTERNATIONAL SHIPPING: Shipments outside of the United States will require the recipient or ordering company to
arrange for the payment of customs and duties upon arrival at the final destination. FOB Milwaukie, Oregon 97222.
Freight will be charged to client's freight account or prepaid and added to invoice.
10. CAMERA: A digital 3D camera rental is available free of charge for 15 days with a $500.00 deposit. For longer usage, a
daily fee of $25 will apply. If no order is placed with Image3D for products or services within 60 days following use of
the camera, the total rental or a $350.00 usage (whichever is greater) fee will apply. A professional photographer is
recommended for the use of the 3D camera for best results.
11. VIEWERS: Image3D Stock Viewers are available in red, white, blue or black. Image3D will attempt to accommodate
client's request with respect to color. However, due to circumstances beyond the control of Image3D, it is possible the
order will need to be mixed with respect to viewer colors. Customer will be advised to provide preferences in this
situation. Custom colored viewers are a special order and will increase the lead time. Custom colorant is the property
of the customer. Upon completion of the project the customer can ask us to discard, ship to customer, waive the
rights of ownership providing Image3D sole discretion of use or customer can have Image3D save for a later date with
a deadline of shelf life. Upon deadline Image3D has sole discretion of use.
12. CANCELLATION POLICY: Client understands that, to the extent the order covers customized products, client must pay
in full for such all such products created prior to order cancellation, along with all expenses incurred by Image3D in
connection with those products. To the extent the order covers products which have not been customized in any way,
if the order is canceled after receipt of signed order form, for any reason whatsoever, client will pay all expenses
incurred by Image3D in connection with the order until the date of cancellation plus a $350 restocking fee. Such
amounts will be due immediately upon termination of purchase order.
13. LIMITATION OF AUTHORITY: Image3D’s employees and agents have limited authority. No obligation on the part of
Image3D which is not set forth in this Terms & Conditions shall be binding on Image3D unless approved by an
executive of Image3D in writing.
14. EXPRESS WARRANTY: Image3D provides the following warranty to the original purchaser of its custom reels, viewers,
packaging, Mini Viewers and PopUp Viewers. For a period of thirty days from the date of purchase, Image3D warrants
that its products are merchantable and fit for the particular purpose(s) for which Image3D advertises them. Any
mistake or defect that could have been discovered by client’s review of product proofs is not covered by this warranty
such as errors in images, text, cropping, positioning, printing, or packaging. Any product or part thereof found to be
defective as set forth above within the warranty period will be replaced without charge provided that: (1) its failure
resulted from a defect in material or workmanship and not from normal wear and tear; (2) the product was not
misused, improperly assembled, improperly maintained or damaged by accident; (3) there was no failure to follow
instructions; and (4) no alterations or modifications were made to the product. In its sole discretion, Image3D may
elect to issue a refund instead of replacing the defective part or product. Image3D reserves the right to inspect any
product before issuing a replacement or refund.
15. NO OTHER WARRANTY: Described above, Image3D grants no warranties or conditions, express, implied, by statute or
otherwise, regarding the products except as expressly, and Image3D specifically disclaims any implied warranties of
merchantability, non‐infringement and fitness for a particular purpose. No oral or written information or advice given
by Image3D or its agents shall create a warranty, and client may not rely on any such information.
16. LIMITATION OF LIABILITY: The sole and entire maximum liability of Image3D for any reason, and client’s sole and
exclusive remedy for any cause whatsoever shall be limited to the amount paid by client for the products. Image3D is
not liable for any indirect, special, incidental or consequential damages resulting from client’s use of the products
(including, but not limited to, damages for loss of business, loss of profits or litigation), whether based on breach of
contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Image3D may have
been advised of the possibility of such damages. in some jurisdictions, statutes may apply regarding the disclaimer of
warranties and limitation of liability, and, to the fullest extent lawful in those jurisdictions, it is intended that all
warranties, express or implied, including the warranties of fitness for a particular purpose, non‐infringement and
merchantability, are hereby disclaimed and, if for any reason liability is assessed on Image3D, the limitation of liability
set forth above shall apply to the fullest extent permitted by law.
17. FORCE MAJEURE: Neither party shall be liable or deemed to be in default for any delay or failure of performance
under this Agreement or interruption of service resulting directly or indirectly from acts of nature, civil or military
authority, governmental acts, orders or restrictions, acts of a public enemy, war, riots, civil disturbances, accidents,
fire, explosions, earthquakes, floods, the elements, strikes, lockouts, labor disturbances, shortages of suitable parts,
labor or transportation, delays caused by suppliers, or any other cause beyond the reasonable control of such party.
18. ATTORNEYS’ FEES/COLLECTION COSTS: In the event that action, suit or legal proceedings are initiated or brought to
enforce any or all of the provisions of this Agreement or for its breach, the prevailing party shall be entitled to such
attorneys' fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event
of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys'
fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s). In the event it
becomes necessary for Image3D to turn client’s account over to an attorney or collection agency, Image3D shall be
entitled to recover from client, and client expressly agrees to pay, all costs incurred by Image3D related to such
collection activities, including, but not limited to, attorneys' fees.
19. MISCELLANEOUS: This Agreement constitutes the entire agreement between the parties and supersedes all prior
agreements, understandings and proposals (whether written or oral) in respect to the matters specified. No
agreement or understanding which alters or extends the meaning of this contract shall be binding unless in writing
and signed by both parties. If any section of this Agreement is held to be invalid, the remaining sections of this
Agreement will not be affected. This Agreement is deemed a contract made in Oregon and it shall be construed and
enforced according to the laws of the State of Oregon. Any suit or action instituted by either party to enforce the
terms shall be brought in the courts in the State of Oregon. Venue is proper only in Multnomah County in Oregon.
Prices are valid for 30 days.
Make checks payable to Image3D, LLC | (Tax EIN 93-1264582).
