All orders are subject to acceptance by Cold Noble LLC. Cold Noble LLC reserves the right to reject any order or stop production at any time without recourse. Cold Noble LLC also reserves the right to change the price of the order after reviewing artwork submitted by the client, subject to client approval.
Due to the nature of printed products, returned orders cannot be accepted. Any claims of defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. Failure to do so constitutes an irrevocable acceptance of the order. Replacement of the product will be made upon receipt of returned merchandise and only when Cold Noble LLC solely and exclusively determines that the defect was not caused by misuse or mishandling of the product. If client plans to return the defective merchandise, it should not be used in any way. The warranty herein is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
If the client's credit card company declines the authorization, Cold Noble LLC shall not process the order. If Cold Noble LLC has processed the order and the credit card is declined, payment will be required prior to shipment or delivery of the product. All charges are due per the terms specified on the estimate, payable at 2960 Butterfly Lane, Chico CA 95973. Should client's account become delinquent, client agrees to pay a monthly finance charge of 1-1/2% (annual percentage rate of 18%) on the unpaid balance. If an account goes beyond the payment term's due date, unless specific arrangements are made, future purchases will be on a C.O.D. basis. In the event that Cold Noble LLC must commence legal action to enforce any terms of this agreement, the client agrees to pay reasonable attorneys' fees and costs.
Cold Noble LLC makes no warranty expressed or implied nor accepts any responsibility other than possible replacement of these products. Cold Noble LLC may, but is not required to, replace any defective product, or give the client credit for the amount of the purchase price for such product. This warranty is limited solely to the replacement of the product as originally shipped or a credit for the cost of the product shipped.
Cold Noble LLC will arrange payment for shipping with the carrier, but the costs are the client’s responsibility. Risk of loss is upon the client once Cold Noble LLC delivers the product to the carrier. Cold Noble LLC will make all efforts to ship the products in the time. Delivery times are estimates only, and Cold Noble LLC shall not be responsible for delays. Please see "General Terms" for additional limitations.
Cold Noble LLC will not store any orders past 30 days. If client fails to pick up or request shipment of an order within 30 days after order completion, Cold Noble LLC will destroy the order at our sole discretion. Cold Noble LLC will not be responsible for reprinting costs, and any reprinting will be subject to the full listed price at the time of the re-order.
LIMITATION OF LIABILITY:
Cold Noble LLC shall not be liable in contract or in tort (including negligence) to the client for incidental or consequential damages arising out of or resulting from our performance or nonperformance of our obligations under contract, including but not limited to claims for lost profits or other economic damages.
The client shall indemnify and hold harmless Cold Noble LLC from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Cold Noble LLC on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights. The client agrees to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Cold Noble LLC at the client's own expense.
CANCELLATIONS AND REFUNDS:
When the client cancels a purchase order placed through our website, and no graphics production has been done, Cold Noble LLC charges 15% of the order amount. If graphics production has taken place, Cold Noble LLC will not provide a refund unless a condition in the “Returns” policy section applies.
These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of California.
In the event that any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
These Terms of Sale may be modified by Cold Noble LLC without notice, and are current as of the date of the then current website.
Cold Noble LLC shall not be responsible for damages or delays resulting from machinery breakdown, force majeure, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. Cold Noble LLC shall not be responsible for any shipment delays caused by any common carrier.
Any action by the parties arising out of or relating to these goods or materials shall be commenced within one year after receipt of said products.