General Contract Terms

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Overview

This contract enumerates binding conditions present between Customer and Broadstreet Enterprises DBA Blue Duck Signs (hereafter referred to as Broadstreet Enterprises, Blue Duck Signs, Blue Duck Decals or Company) regarding the estimate, quote, invoice, or bill appended to this contract.  

Payment 

Upon approval of  proposal, non-refundable deposit is due prior to procurement of any materials or further artwork development. Payment structures vary by project and will be outlined via invoice, additional contract addendum/clause, or written communication. Any remaining balance is due immediately on receipt of complete product or installation of product.  

Liens and Repossession

 Sign and/or materials contained on the invoice shall remain the property of Blue Duck Signs and shall at all times be severable from the premises upon which it is installed until account is paid in full. Any and all sub-contract agreements that incorporate products, services and prices originating in this estimate or invoice automatically amend any subsequent payment terms to comply with Blue Duck Signs' property and sever-ability rights enumerated above. Customers also agree to allow Blue Duck Signs to enter upon property to retrieve product or sign if not paid in full. If signs are repossessed because of failure to pay on time, the customer agrees to pay for all additional costs of removal and/or reinstallation of signs. If unavoidable delays are experienced due to supply constraints or delays caused by strikes, fires, floods, wars, allocations of materials or other circumstances beyond our control this contract is still binding. will keep its customers informed of any major unavoidable delays. Upon mutual acceptance of this invoice by Customer and Blue Duck Signs, said order is not subject to cancellation and remains binding. In the event it becomes necessary to institute any action for the enforcement of above obligations, Customer agrees to pay, in addition to amount due Blue Duck Signs, all attorney's fees and costs incurred in connection therein.  

Delivery 

Delivery or installation of product will normally be scheduled and/or completed at the earliest practical opportunity. Unavailability of materials or other circumstances may dictate the timeframe for such activity. Blue Duck Signs offers no guarantee for scheduling time frame, however pledges to make every practical effort to deliver or install product within a reasonable time period.  

Refunds 

Refunds will be considered on a case-by-case basis, however will ordinarily be limited to circumstances involving defective materials or workmanship and may be repaired or replaced at the Company's discretion. Refunds, exchanges, or repairs will not be granted for color mismatch unless color match materials, sample prints and sign-offs have been completed. Refunds or exchanges will not be granted due to inaccurate measurements by Customer or Customer's designee.  

Design Design work, measurement and site survey will be denoted on the proposal as Design services. This rate

 includes a defined number of revisions to design artwork. Revisions beyond this defined number may be subject to additional Design fee at applicable shop rate.  

Transfer of Design Work 

Any artwork development provided or transmitted as proof material or otherwise, except for Customer-owned copyrighted material, remains property of Broadstreet Enterprises and may not be duplicated in any manner until transfer has been contracted and payment is made‌ ‌in‌ ‌full,‌ ‌or‌ ‌other‌ ‌transfer‌ ‌of‌ ‌rights‌ ‌is‌ ‌arranged‌ ‌and‌ ‌executed.‌ ‌Blue‌ ‌Duck‌ ‌Signs agrees‌ ‌to‌ ‌retain,‌ ‌to‌ ‌the‌ ‌best‌ ‌of‌ ‌its‌ ‌ability,‌ ‌all‌ ‌design‌ ‌elements,‌ ‌artwork,‌ ‌dimensions‌ ‌and‌ ‌other‌ ‌information‌ ‌necessary‌ ‌to‌ ‌transfer‌ ‌or‌ ‌reproduce‌ ‌products‌ ‌for‌ ‌a‌ ‌period‌ ‌of‌ ‌not‌ ‌less‌ ‌than‌ ‌2‌ ‌(two)‌ ‌years.‌ ‌  

Intellectual Property, Copyright, Trademark or Trade Dress 

Customer affirms ownership of, or express right to make use of, duplicate, or transmit any copyrighted materials submitted as artwork or for other use.  

Buildings & Surfaces 

Electrical utility installation is normally the responsibility of Customer unless other arrangements are arranged. Signs are installed to current industry standards, which may involve holes being drilled into the structure. Blue Duck Signs makes no warranty regarding the appearance of buildings after any sign is removed, or the appearance of any wall or other surface after an adhesive-mounted graphic is removed. Although care is taken to prevent leakage during installations on roofs, walls and mansards, no warranty is expressed or provided after the standard warranty period. Blue Duck Signs will not perform any installations which involve penetrating a bonded membrane roof system.  

Unanticipated Revisions & Expenses 

Customer understands that in some circumstances not all aspects of a project can be determined upon a pre-installation site survey. If it is determined that significant changes may need to be made to the scope or scale of the project, customer understands work will cease until contact can be made. Situations may include missing or inappropriate electrical service, unanticipated excavation challenges due to rocks or unlocated utilities, unanticipated structural situations, and similar. Additional labor, subcontractor work, engineering, permits, equipment rental, etc. will be billed at actual cost and customer will be provided with a good-faith estimate of these costs prior to resumption of work.  

Pre-existing Materials Broadstreet Enterprises DBA Blue Duck Signs assumes no responsibility for pre-existing sign faces, storefront glass, automotive finishes or other substrate which is not brand-new at the time of service as these surfaces and materials may be structurally degraded or brittle. Additionally, customer will be notified if any vinyl graphics are expected to be installed on any corroded, damaged, flaking, oxidized or other unsuitable surface prior to installation if not readily correctable during the installation process. Blue Duck Signs cannot warranty any installation on an unsuitable surface, and cannot in any case warranty the appearance of any surface after any sign or graphic is removed.  

Warranty 

Broadstreet Enterprises DBA Blue Duck Signs agrees to warranty finished product and installation for 1 (one) year from the date of delivery or installation against any defect in product material, production or workmanship. Various materials and manufacturers, as selected to suit Customer’s individual needs, have varying warranty coverage. Blue Duck Signs pledges to, when possible, pursue manufacturer warranty claims on behalf of Customer when necessary as Customer satisfaction is our priority.  

Approval of Terms 

Customer may affirm agreement to the terms of proposal and intent to proceed by signing proposal and Contract for Service, replying to email indicating agreement to the proposal and intent to proceed, or electronically signing the proposal and Contract when available. Furthermore, any payment toward the balance of this proposal will be considered as complete acceptance of these terms.