Terms and Condition

By using this website (the “Site”) or by purchasing a product from us, CUC Signs LLC, you agree to the following Terms and Conditions, any of which we may modify from time to time without further notice. Changes to these Terms and Conditions shall not affect purchases made prior to such changes.

Unless otherwise indicated, the following terms and conditions apply to all sales made by CUC Signs LLC its subsidiaries, and its affiliates, to you, the purchaser. By finalizing an order and transmitting payment or receiving the goods, you agree to be bound by these terms of sale. We use the words “you” and “your” to mean you, the purchaser of custom-made reflective products. The words “we”, “our”, and “us” refer to CUC Signs LLC, a South Carolina limited liability company, as the supplier of custom-made reflective products (“Product” in the singular and “Products” in the plural).

Ordering Process. All orders are “Custom Orders”. You communicate your product and design choices for creation by CUC Signs LLC. We reserve the right to lawfully refuse any order you place with us. Once the order is placed and there is mutual consent to proceed and produce the selected Product or Products, our fabrication process creates your article of choice and interest within reasonable variances of size, color, design, and shape. Any quotation regarding the time required for fabrication is merely our then current best estimate based on then available supplies and orders then in process, but shall not be deemed absolute and may change for reasons outside of our control.

Payment. For cash purchases, a 50% non-refundable deposit is required with a receipt rendered and terms related mutually of the conditions to the completion of this or the next order. Payment in full for each order, including order cost and shipping, is required before any Product or Products are shipped. Shipping costs are separately calculated and quoted and vary depending on shipping destination, duration, and service used.

Order changes and cancellation. Only changes and cancellation requests made by the initial purchaser are given consideration. The option for change or cancellation has 2 limitations, regardless as to which is the first to occur: (1) the change or cancellation must be requested prior to commencement of the fabrication process, (2) the change or cancellation shall be submitted and approved within 7 days of the original order date. The transposition of the last 4 of the original buyer’s social security numbers will invoke the requested change or cancellation. If made reasonably necessary by the requested and approved change, an additional deposit may be required. Deposits are forfeited upon cancellation.

Limited Warranty and Limitation of Liability. We warrant that all products purchased from us will be free from defects in materials and workmanship for a period of 1 year from the date of purchase. This limited warranty does not apply where the defect is due to: error or omission on your part; the product being used or handled in a manner, in circumstances, or for purposes other than those approved or instructed by us; modification, tampering, improper storage, abuse, accident, vandalism, defacement, neglect, misuse, mishandling, or pressure-washing; fire, earthquake, flood, lightning, hurricane, tornado, windstorm, extreme temperature or weather conditions, foreign object impact, landslide, or any other Act of God; damage caused by vegetation, mildew, insects, animals and other organisms; exposure to corrosive substances such as solvents, gasoline, pesticides, harmful cleaning compounds and similar materials; exposure to excessive heat or reflective heat sources, and any other cause outside of our reasonable control.We may require a sample of any defective product before a warranty claim is evaluated for approval.

To the extent permitted by law, the limited warranty provided above is in lieu of all other warranties, express or implied, including: the implied warranties of merchant ability and fitness for a particular purpose; any other liability or obligation for damage or loss, including any direct, indirect, incidental, special, consequential or exemplary damages, arising from ownership or use of any Product or Products. Repair, replacement, or credit, at our option, is your sole remedy for any such damage or loss; and by accepting these terms, you waive any rights you might otherwise be entitled to in connection with the matters covered in this section.

To the extent permitted by law, in no event shall we be liable to you or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to lost profits, lost savings, or loss of business opportunity arising out of, or relating to any product or service provided or to be provided by us, or the use or inability to use such products or services, even if we have been advised of the possibility of such damages. To the extent permitted by law, in no event shall our aggregate liability to you exceed the cost of the Product or Products purchased at issue.

Indemnification. You agree to indemnify, defend and hold us harmless from all actual or alleged liability, loss, damage, cost and expense, including actual attorney’s fees and court costs, to third parties resulting from your breach of these Terms and Conditions, or from the use of any product purchased while such products are in the possession or control of a third party.

In addition, you agree to defend, indemnify and hold us harmless from any and all liability, loss, damage, cost or expense, including actual attorney’s fees and court costs, which we may suffer or incur arising from any patent, trademark or copyright infringement arising from these Terms and Conditions, whether actual or alleged.

You will not be required to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, or expenses resulting from our own negligent conduct.

Intellectual Property and Grant of License. When applicable, in submitting your order, you represent and warrant to us that you do so as the copyright and/or trademark holder, or with the written permission or release of the copyright and/or trademark holder, of any image on any artwork as provided to us by you and that such permission or release grants our use of such copyright and/or trademark for the purpose fabricating and selling any Product or Products to you. You further represent and warrant that in supplying you with a custom-made Product or Products, we are granted the express permission to use graphic, photographic, and other imagines of such Products in our advertisements, brochures, or website for marketing and promotional purposes provided that no personally identifiable information is disclosed beyond the Product or Products themselves. You agree to indemnify and hold us, our members, managers, employees, manufacturers, contractors, and agents harmless against any and all claims, costs, and expenses, including, without limitation, lawyer’s fees, due to your failure to obtain copyright and/or trademark permission or release as herein stated with regard to any artwork or design you provide to us or for artwork or designs which exceeds the uses allowed pursuant to your permission or release.

Waiver; Sever ability; Integrated Agreement. Our failure to exercise or enforce any right or provision of these Terms and Conditions is not a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between you and us, superseding any prior agreements between you and us, unless made or confirmed in writing.

If any provision of these Terms and Conditions is determined to be void or unenforceable, the remaining provisions will remain in force.

These Terms and Conditions hereby incorporate by reference the specifics of any order communicated by you or confirmed by us, all instructional and other materials provided to you by us, and the CUC Signs LLC website Legal Disclaimer, Product Warning, Shipping Policy, Refund and Return Policy, and Privacy Policy.

Applicable Law.You agree that the laws of the State of South Carolina, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or dispute that has arisen or may arise between you and us.

Consent to Jurisdiction and Forum Selection. All actions or proceedings arising in connection
with any dispute, controversy, or proceeding relating to any Product or Products ordered by you shall be tried and litigated exclusively in the State or Federal courts located in the County of Richland, State of South Carolina. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgement rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgement and may be enforced in other jurisdictions in any manner provided by law.

Enforcement. In the event that collection of any balance due becomes necessary or litigation, arbitration, or other proceeding by which we seek to enforce any right we have under this Agreement (whether in contract, tort, or both) or seek a declaration of any rights or obligations under this Agreement, you agree to reimburse us for all collection costs, attorneys fees, court costs, and other reasonable and necessary expenses incurred. Such rights shall be in addition to any rights we might have under law or at equity.

Force Majeure. We shall not be liable for any failure to perform our obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, pandemic, health emergency, or other cause beyond our reasonable control (including, but not limited to, any mechanical, electronic, supply chain, or communications failure).