Terms and Conditions
Mr Scratch Off stands behind the quality of its products and services. If you are not satisfied with your purchase from us, simply contact Customer Service in writing within 15 days from the date you receive it. Mr Scratch Off is committed to customer satisfaction, and we do everything possible to ensure proper cutting, accurate color reproduction, and excellent printing quality. However, certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:
- Spelling, punctuation, or grammatical errors made by the customer.
- Inferior quality or low-resolution of uploaded images.
- Design errors or color selection errors introduced by the customer in the artwork file creation process.
- Errors in approved quote options such product type, size, finishing options, or quantity.
- Damage to the products arising after delivery to the customer.
- Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.
- Incorrect shipping address, undeliverable packages/3 rd delivery attempts, or other errors created by the customer.
This guarantee is also subject to a few other terms and conditions:
- We reserve the right to have you return the original order, at our cost, before reprinting or refunding your order.
- Maximum refund is the sales price of the job or $2,500, whichever is the less amount of the two. The only remedy for problems with orders over $2500 is reprinting of the order to correct product defects.
- Color match, cutting and folding tolerances are guaranteed to be within industry standards (CMYK) for pleasing color and tolerances published within our website.
- This guarantee is limited to reprint of the original order quantity or refund of the purchase price of the order. We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.
- This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims. Mr Scratch Off is not liable for U.S. Postal Service errors, including loss or delay.
Please preview your designs carefully and correct any issues prior to placing your order.
Color Accuracy and Hardcopy Proofs
Mr Scratch Off will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements.
The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved or Mr Scratch Off will reprint your job at no charge to the customer. Please note that Mr Scratch Off cannot guarantee color reproduction for your print-ready files if you did not request a hardcopy proof. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent.
Our prepress department checks most artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Mr Scratch Off. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office or contact Mr Scratch Off prior to final design. Any changes to the artwork after the first proof has been sent is subject to additional fees.
You certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
Printing Turnaround Time
Printing turnaround time begins once your order has been placed and your print-ready files have been received, proofed, and approved for printing. Mr Scratch Off will produce based on normal production schedule unless noted specifically by the client. Please note that Mr Scratch Off offices are closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.
When requested, target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
Customer’s mailing list(s), while in the possession of Mr Scratch Off, is the exclusive property of the customer and shall be used only with customer’s instructions. Customer’s mailing list(s) will not be sold or offered for use to any other party, and Mr Scratch Off will not utilize the list for any other purpose.
All mailing delivery dates are estimates, not guarantees. Mr Scratch Off's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Mr Scratch Off’s responsibility ends when the job is delivered to the Orlando, Florida Business Mail Entry Unit. In no event shall Mr Scratch Off be liable for USPS performance failures or delivery delays.
Mr Scratch Off shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is Mr Scratch Off liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The customer will defend and hold Mr Scratch Off harmless in any suit or court action brought against Mr Scratch Off by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Mr Scratch Off, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Mr Scratch Off’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Mr Scratch Off for actions of the customer’s employees which may occur as a result of any mailing.
Mailing lists purchased by the customer through Mr Scratch Off are non-refundable.
All sales are final, unless otherwise noted. No refunds are given once Mr Scratch Off begins working on your order, which means Mr Scratch Off has received your necessary materials (i.e., digital files and quote approval) and started work on your job (i.e., your job is in production).
Within 30 days of purchase, a partial or full refund may be extended to the customer if no work has been completed by Mr Scratch Off. Please note that such refund would be reduced to cover any fees charged for proofs, processing or other services associated with that order.
All materials we create in producing your printed product are the property of Mr Scratch Off. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product.
QUOTATION: A quotation not accepted within 30 days may be changed.
ORDERS: Acceptance of orders is subject to credit approval and contingencies such as fires, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider’s control. Canceled orders require compensation for incurred costs and related obligations.
ACCURACY OF SPECIFICATIONS: Quotations are based on the accuracy of the specifications provided. The provider can re-quote a job at time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.
PREPARATORY MATERIALS: Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by the provider remain the provider’s exclusive property.
ALTERATIONS/CORRECTIONS: Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider’s current rates.
PREPRESS PROOFS: The provider will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to the provider on a “master set” marked “O.K.”, “O.K. with corrections”, or “Revised proof required” and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if: proofs are not required by the customer, the work is printed per the customer’s O.K.; and requests for changes are communicated orally.
PRESS PROOFS: Press proofs will not be furnished unless they have been required in writing in the provider’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during makeready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at the provider’s current rates.
OVER-RUNS OR UNDER-RUNS: Over-runs or under-runs will not exceed 10% of the quantity ordered. The provider will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
CUSTOMER’S PROPERTY: The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’s liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium paid the provider.
DELIVERY: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. provider’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever occurs first.
PRODUCTION SCHEDULES: Production schedules will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to delay incurred.
CUSTOMER-FURNISHED MATERIALS: Materials furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider’s current rates.
OUTSIDE PURCHASES: Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
GENERAL TERMS AND CONDITIONS
1. Terms: Unless otherwise provided, payment in full shall be net cash ten (10) days from the date of invoice. Claims for defects, damages or shortages must be made by the customer in writing within fifteen (15) days after delivery. Failure to make such claim within stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications.
2. Breach: In the event customer breaches any terms of this contract, customer shall pay all costs which printer incurs in enforcing any terms of this contract, including a reasonable attorney’s fee, which shall include all costs and attorney’s fees incurred as a result of any appeal of a judgement or order relating to enforcement by printer of this contract. Any action at law, suit in equity or judicial proceeding for the enforcement of this contract or any provision thereof, by either party hereto, shall be instituted only in the courts of Orange County, Florida.
3. Delivery shall be at the printer’s plant, 649 Triumph Court, Orlando, Florida.
4. In the event payment is not made under this agreement as provided in item #1, interest on the outstanding balance of the sales price plus charges imposed pursuant to the trade customs below, will be at a rate of 11/2% per month (18% per year) until paid in full. Each payment when made shall be applied first toward accrued interest and the remainder of each payment shall be applied to reduce the unpaid balance.
5. This agreement is subject to the Trade Customs below.
6. Any conflict between accepted acknowledgement and customer’s purchase order, the accepted acknowledgement will govern.
7. This contract has been delivered in the State of Florida, requires a performance of acts in Florida and shall be construed in accordance with the laws of Florida.
TERMS/CLAIMS/LIENS: Claims for defects, damages, or shortages must be made by the customer in writing no later than 15 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider’s performance has fully satisfied all terms, conditions, and specifications. The provider’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider’s possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
LIABILITY: Disclaimer of Express Warranties: Provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
INDEMNIFICATION: The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. Copyrights: The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold the provider harmless for all liability, damages, and attorney fees that may be insured in any legal action connected with copyright infringement involving the work produced or provided. Personal or economic rights: The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The customer will, at the customer’s sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider: promptly notifies the customer of the legal action, and gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.
STORAGE: The provider will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider’s fire and extended insurance coverage.
TAXES: All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer’s “Exemption Certificate” (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse the provider for any additional taxes paid.
TELECOMMUNICATIONS: Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
Thank you so much for your outstanding customer service and getting these done so quickly. I’ll definitely keep you in mind for future orders!