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IMAGING AGREEMENT - TERMS AND CONDITIONS

This agreement governs the submission of photographic images, original artwork, and other materials by (“Client”) to Candela Fine Art Printing. “Candela Fine Art Printing” as used in this agreement refers to Candela Fine Art Printing as well as its related corporate entities, affiliates, officers, employees and representatives, including, but not limited to Candela Fine Art Printing, Inc.

Grant of License – By submitting photographic images and other materials to Candela Fine Art Printing, Client grants Candela Fine Art Printing a license to reproduce and perform all other activities necessary to properly process and complete their obligations related to the materials, and waives any claims against and covenants not to sue Candela Fine Art Printing for infringement or violation of Client’s copyright, trademark, trade dress, privacy or intellectual or other property interests or right in such materials.

Clearance of Interests – By submitting photographic images, original artwork, or materials to Candela Fine Art Printing, Client represents and warrants that such materials do not infringe upon or violate any copyright, trademark, trade dress, privacy or intellectual or other property interests or right of any third party and that Client has secured all necessary licenses, releases, consents and permissions for all materials prior to submission. In the event of a claim by a third party against Candela Fine Art Printing arising out of any intellectual or other property interests or right in the submitted materials, the parties agree that Client will hold harmless and indemnify Candela Fine Art Printing against all such claims.

Limitation of Liability – While Candela Fine Art Printing makes every effort to ensure that photographic images and other materials received are handled with care, materials submitted to Candela Fine Art Printing could become damaged during handling and processing. By submitting images, original artwork, or materials to Candela Fine Art Printing, Client assumes this risk and agrees that the liability of Candela Fine Art Printing for any damage to submitted materials is limited solely to replacement of such materials with, or the replacement value of, a similar amount of raw materials of like kind, or One Hundred Dollars, whichever is less. Client waives any and all other potential claims and damages against same.

 

Direct to print orders - we suggest ordering small prints through the Upload and Order page on our website to serve as test prints prior to producing larger, more expensive final prints, or a large quantity of prints. Test prints help ensure you get the final print you are expecting. We also recommend making small prints to test different papers and canvases prior to placing orders for final prints or large quantities of prints.

 

Imaging and Proofing – We are not responsible for final prints made without test prints (also called proof prints). Proofing is an integral part of the printing process. We encourage ordering test prints before producing more expensive final prints.  If you're certain that your images will print correctly on our system, you are not required to make test prints. However, you are required to accept our terms and conditions.

 

Custom printing orders - our services are billed at $125/hr in 1/4 hour increments for image editing, color correction, and match proofing. We can provide an estimate but you will be charged for actual time and proofs.

 

Reprint Orders, Print on Demand and Editions – We are not responsible for producing matching prints other than when the entire edition is printed immediately after the approved proof. There are too many factors outside of our control to allow otherwise. While we employ best practices, we cannot overcome changes in technology and variations in paper or ink batches. We recommend that you have the entire edition printed at one time to ensure that the work does not need to be reproofed again due to changes in paper, inks, as well as the actual printer being used. Any re-proofing costs for future reprints are the responsibility of the client at our current rates for imaging time and printing.

 

Drum scan orders -
Our scan-only service include scanning the negative or transparency. Negatives are converted to positives in a low-contrast/low saturation state. These base scans are cleaned of any dust that got into the scan during the scanning process. The base scans are not a mastered print-ready file, since most of the time the artist's input (and our editing time) is required to edit the image for density, contrast, saturation, etc.  A proof package may be added on for an additional fee, however orders requiring complex adjustments and extensive proofing (for example, scanning color negatives and matching to optical prints) may incur additional charges.

 

Film strips take more time and materials to drum scan, therefore we ask that you cut out the individual frames that you would like us to scan. If you do not cut your film, we charge $10 per strip of 2 or more images we mount on our scanner.

 

Billing and Terms -

When you contract us to print or scan for you, we prepare an estimate (quote) that includes all of the work that has been discussed and requested. The final invoice may include charges that were not anticipated at the time the work entered our studio, or changes requested by the client. The client will be notified when additional charges begin to incur.

 

For orders over $500, a deposit of half the amount is required for us to begin the work and must be paid prior to any production. Upon completion of the project, the invoice balance must be paid in full prior to shipping the work, the client picking up the work, or delivering electronic files. The final invoice may include shipping, although we prefer to ship on our client's accounts. Unless you have a valid resale certificate, all state and local tax is applied. All invoices are sent online. We accept Visa, Mastercard, Amex, Paypal and checks drawn on a US Bank.

 

File Delivery for Drum Scans, Artwork Captures, Master files -
We deliver files electronically using WeTransfer. The download links expire 1 month after the file was sent. After the download link expires, there is a $15 service charge to re-send the files.

 

File Retrieval and Research - Requests for files archived before 2015 or reprints from jobs archived before 2015 may incur a research and retrieval fee.
 

Items left after 90 days - Items left 90 days after orders are completed will be discarded.

 

Defective Prints -  If you receive a defective or damaged print, please contact us within 7 business days of the delivery of your order and we will replace the defective items at no cost to you. We require either photo documentation of the damaged items or the items returned to us for a refund. Please note: We are unable to replace a print if the issue is a result of the file submitted with your order. We highly recommend ordering small prints prior to your placing an order for larger prints (or a large quantity of prints) to ensure you get the final print you are expecting, and that you are satisfied with the paper or canvas type you chose for your order. That being acknowledged, we will always replace items with issues resulting from defective materials or workmanship. 

 

Shipping Damage -  If your order is damaged in transit we will replace the order and process any shipper damage claims. We ask that you provide digital photographs that clearly show the damage to the packaging and contents within 7 days of delivery. We will replace the order upon receipt of the photographic verification of damage. In certain instances, the shipping agent may request to visually inspect the damaged packaging and contents. Please be sure to retain the items and their packaging until you are notified that they are no longer needed. 

 

Order Changes and Cancellations -  Please let us know ASAP (by emailing studio@candelafineart.com or calling 510-227-8334) to request a chance or cancellation of your order. We can only guarantee a change or cancellation if your request is submitted to us 1 hour after you receive your Order Confirmation email. 

 

Refunds - Refunds for cancelled orders are subject to a 4% transaction fee (this is because of the non-refundable transaction fee our e-commerce website provider charges us for placing orders through the website). Refunds take 5-10 business days to process, depending on your bank.

 

 

 

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