Terms and Conditions

Pricing:
Evidence Grade prices on-line are current and kept up to date. Evidence Grade prices are subject to change without notice. Prices are based on various factors such as oil prices, as this greatly affects the price of the plastic products offered. Current on-line pricing will be charged at time of ordering.

Payment:
Evidence Grade accepts payment via Discover, Visa, MasterCard, American Express. Full payment is due prior to Evidence Grade commencing production of any Customer project. Any balance that may have accrued during the processing of said project must be paid in full by Customer prior to transfer of goods. The Customer agrees to pay any and all costs, fees, charges, or expenses (including without limitation all reasonable legal fees and litigation/arbitration fees and costs) incurred in recovering any amounts owed to Evidence Grade by Customer.

Fraud:
Evidence Grade takes fraud seriously. We have various algorithms in place to assist in the detection of fraudulent charges. If our system detects a potential fraudulent purchase, we reserve the right to put such orders on hold while we conduct an investigation and contact the card owner for verification of the purchase. If we deem a charge is fraudulent we WILL notify the appropriate authorities (typically the FBI - Internet Crime Division) with all data obtained during the purchase which includes addresses, phone numbers, email address, IP addresses etc., the account will be closed and no additional communication will be entered.

Cancellation Policy / Refunds:
Evidence Grade reserves the right to withold 10% of the order total in the event customer decides to cancel their order. Any and all cancellation fees are at the sole discretion of Evidence Grade. Cancellation fees will not exceed 10% of the order total. Additionally, if customer requests a line item (product) cancellation Evidence Grade reserves the right to withold 10% of the product total to cover adminstrative fees.
Refunds, once initiated by Evidence Grade, may take up to 5 business days from the time the refund has been initiated to appear back in your account. This time is totally dependent on the customers finanical instituition and is out of the control of Evidence Grade.

Duplicated Product (Intellectual Property Rights - IPR):
The customer represents and warrants to Evidence Grade: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Evidence Grade by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Evidence Grade are not, or will not be, as a result of the execution and delivery of this agreement or the performance byEvidence Grade of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.

Customer agrees to indemnify, defend, protect, and hold harmless Evidence Grade and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Evidence Grade reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.

The customer agrees to provide Evidence Grade, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Evidence Grade does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Evidence Grade may rely on the customer's representations and warranties herein and provided under Evidence Grades' Intellectual Property Rights Form even if Evidence Grade investigates such ownership.

If Evidence Grade determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Evidence Grade will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Evidence Grade will return such materials to the customer.

Maximum Media Capacity:
Please be mindful of the media Maximum Capacity when choosing / creating your media content. For example CD-R has a maximum capacity of 700MB, however it is possible to use more than the 700MB but anything over 700MB used will not be guaranteed as usable and may be subject to data loss.

Blu-Ray BD-R Discs Disclaimer
Please note that a [burned] HD BD-R disc is technically not a Blu-Ray disc, and no video disc players are actually required or guaranteed to play them. Unfortunately with Blu-ray BD-R discs, you are not guaranteed 100% playback compatibility. Sometimes, the firmware in the player can be updated to rectify this, but again, no guarantee that the discs we sell or burn will play for everyone. With our experience, newer Blu-Ray disc players have no problem playing our BD-R discs. We have had some difficulties with older Blu-ray Players, Sony PlayStation and X Box playing BD-R Discs.

Right to Refuse Service:
Evidence Grade reserves the right to refuse or cancel any project / order at its own discretion with or without explanation.

Warranty / Satisfaction Guarantee:
All manufactured and printed media products are guaranteed by Evidence Grade against defect in quality and workmanship within industry standards. This guarantee is limited to the price or replacement of actual defective product and is valid only upon the satisfaction of the following conditions: (1) written notice of such defect is received at BEvidence Grade within 30 days after product is delivered to the Customer, (2) Evidence Grade is able to verify said defect. Evidence Grade is not responsible for indirect costs incurred due to defects. If an item or items were not included due to human error, Evidence Grade will send the item or items that were missing in the original shipment. If a refund is the customer preferred method then the return of the items requiring the refund will be required so that we can process your refund accordingly. The cost of return will be the responsibility of the customer. However, if it is deemed that the product is faulty due to poor workmanship then Evidence Grade will refund the cost of ground shipping. Product being returned must be packaged in the original packaging.

Due to the printing process (Digital Inkjet UV Curable Printing) on certain printed solid color artwork a phenomenon known as ’banding’ maybe visible. As this is a potential phenomenon with this printing process, this ‘banding’ is not covered under the warranty terms. If customer has any doubts they should request a Physical Print Proof of which a $45.00 fee will be applied. This Physical Print Proof can be selected from the Shopping Cart. Evidence Grade is not responisible for color variation IF a Physical Print Proof is not requested. As colors vary by monitor calibration, customer printer color calibration colors may appear different when printed. If color matching is important and critical we recommend either a) supplying a color proof sample, b) ordering a Physical Print Proof. Electronic Proofs via email are not to be used for color proofs. Additionally, on rare occasions an intermittent issue may arise where a 'nozzle' on the print head may fail or become blocked. This 'may' or 'may not' appear as a fine line in the print. As this line is typically only one pixel in width, it is not considered a print defect.

Quantity:
Actual quantity delivered to customer may deviate up to 4% over from the quantity requested by Customer (well below industry standard which is 10%). We will never deliver your order short. Overages are NEVER charged!

Production Time:
Production time is the number of full business days it takes to complete a project once payment is received and processed. Business days include Monday through Friday, excluding holidays, 9:00 AM to 5:00 PM.

Evidence Grade’s representations of production time to complete a project is an estimate only. Projects may be delivered earlier or later than Customer expectations. Allow two business days for project completion; however, times may vary depending on the complexity of the project and order placement. Evidence Grade is not responsible for delays in delivery due to shipping / unforeseen circumstances or Force Majeure that are out of the control of Evidence Grade. Such projects do not impact the amount the Customer must pay for the project. Additional time may be required to complete the project for quantities greater than 5,000 units. If your project is time sensitive, we suggest selecting an alternative shipping method other than FedEx Ground / FedEx Home Delivery.

Allow one full business day (24 hours) prepress time for single disc-only art and two business days (48 hours) for art with multiple elements such as that required for disc face. Evidence Grade is not responsible for delays in delivery due to shipping, proof approval, or alterations made by the Customer. Your project will be delayed, or additional rush fees will be required to keep a project on schedule if you fail to provide Evidence Grade with all the necessary materials (including your master, print-ready graphics, payment, signed Intellectual Property Rights Form, and timely and accurate shipping information). Up to 21 Business days (typically 7-10 business days) should be allowed to print custom printed packaging such as (but not limited to) DVD case wraps, Sleeves, Wallets, Digipaks, Booklets, etc., after approval if proof was requested. If you require your custom printed packaging faster, please select either FedEx 2 Day or FedEx overnight delivery service. If FedEx Ground or Home Delivery service is selected, NO rush will be placed on custom printed packaging. Any special ship by dates or in-hand dates should be noted in the order's comments section. We will do our best to meet the requested deadlines, BUT no guarantee is made.

Backups & Insurance:
Evidence Grade is not responsible for returning art, media, or other content to the Customer upon project completion. It is understood that the Customer has a backup copy or originals of all content provided to Evidence Grade by the Customer or its representatives. Evidence Grade treats all materials received with care. However, Evidence Grade denies liability for damage or loss while Customer materials are in possession of Evidence Grade. Customer materials located at Evidence Grade are not insured.

Sales Tax & Shipping:
Evidence Grade prices do not include tax and shipping unless noted on quotes. Upon checkout, tax, when appropriate as required by law, and shipping will be reflected. Shipping charges are based on weight and address. All shipping is FOB Orlando, Florida, unless otherwise indicated. Evidence Grade is not responsible for delays, loss, or damage to the product once it has left Evidence Grade premises. Tax is based on the Ship To address. For example, if your bill to address is in New York and you are shipping to Florida, you will be charged Florida State Sales Tax.

International Shipping (Outside of USA):
Evidence Grade ships from the USA, and our prices do not include import duties, fees, or taxes. The customer is responsible for all import duties, fees, and taxes applicable to the country where the shipment is being delivered.

Reviews / Testimonials:
Evidence Grade reserves the right to modify or delete a review either in part or in whole if the review is deemed to be derogatory, offensive or promoting a competitor. If a review / testimonial is deleted either in part or in whole the customer will not be entitled to any coupons for that review.

Art & Proofing:
Evidence Grade is in no way responsible for spelling or layout errors from Customer or its representatives. Note: Sample printed check discs are available, for additional charges and can be selected from the Shopping Cart. Proof Layout files (if requested) are ONLY for visual layout purposes and must not be used for color reference. These Proof Layouts are low resolution files.

Artwork Copyright:
Customer or its representative acknowledges that the artwork or part thereof uploaded is owned solely or holds the copyright release to use such artwork and logo’s / trademarks for printing and does not hold Blank Media Printing liable for any legal disputes.

Artwork Usage :
Customer or Graphic Designer for the customer hereby indeminfies Evidence Grade from any copyright claim should any content within the artwork image be copyrighted by a third party.