Legal
QUALITY, INDEMNIFICATION AND WARRANTY DISCLAIMER
QUALITY
Security Hologram, LLC. (Security Hologram) specializing in the production of holograms for labels and stickers. Holograms are subjective in nature thereby making formal quality standards difficult.
Security Hologram takes certain steps that insure that we produce a quality product that suits our customer's needs.
Prior to clients placing an order artwork is evaluated for holographic image feasibility. Security Hologram works closely with our customer to achieve the best possible image that meets or exceeds the client's objective. Security Hologram provides the customer with an illustration of layout and layers for approval prior to the mastering stage of production. A holographic master is then created; again the customer is provided with a proof for approval prior to label production. The holographic proof provided is in its purest format and our customers are reminded that Security Hologram will lose a very small percentage of brightness when labels are made. The holographic proof then becomes the image quality standard. While on press the labels being produced are inspected several times for image quality, registration and die cutting.
Quality inspection is continuously made during the fifinishing process of press rolls into finished product for application. Samples of fifinished product are retained in our fifiles for future reference. Final inspection is made during packaging.
Security Hologram over time has narrowed its vendor supply for raw label material to a select few suppliers. Products sold by Security Hologram are based on tests and research, which are believed to be reliable, but do not constitute a warranty or guarantee of any kind. In each instance where product is sold or a sample thereof is provided, it is the understanding that the customer and/or ultimate user has independently determined the suitability of such product for application under its own operating conditions. Security Hologram can provide, at customer request, a certificate of conformance.
INDEMNIFICAITON
Prior to manufacturing any product (including but not limited to graphic art, stamping foil, holographic masters, holographic images, die cutting processes and other related print services or device now known or hereafter invented), Security Hologram, requires you to certify the following; personally or as on officer with the capacity to bind your company, hereinafter referred to Customer, to make the following assertions:
Customer understands that Security Hologram is an original label manufacturer operating at Customer's direction. Security Hologram makes every effort to protect intellectual property of both Customer and third parties. Customer understands and has complied with all applicable laws, including but not limited to foreign and domestic copyright laws.
Customer represents and warrants to Security Hologram that it owns or has obtained all necessary rights and permission for use of all product, labeling, or other material provided by Customer to Security Hologram for use in the manufacture and/or reproduction of a product, hereinafter referred to as Customer Material, and that it shall pay or cause to be paid, all royalties or other sums which may become due under any contractual arrangement or and applicable laws in any jurisdiction as it relates to Customer Material.
Security Hologram reserves the right to immediately cease any transaction, which, in its sole discretion, may even appear to infringe the rights of any third party. In such cases, all sums due by Customer to Security Hologram shall become immediately due and payable. Security Hologram reserves the right to halt
production and delivery of any Customer product until such time as Security Hologram counsel agrees to resume.
Customer agrees to indemnify, defend and hold harmless Security Hologram, its partners, successors and assigns, jointly and severally, from any and all claims, suits, liabilities, losses, damages and reasonable legal fees and expenses which are related to or arise out of any breach of the representations made by Customer
herein, whether during the manufacturing relationship or at any time thereafter. Security Hologram reserves the right to participate in the defense of any third party claim which Customer is obligated to indemnify Security Hologram as provided above at the expense of the Customer.
WARRANTY
Security Hologram represents and warrants to Customer that, the products manufactured by Security Hologram and sold to the Customer will meet the requirements set out in the applicable written specifications proposed by the Customer and approved by Security Hologram and will be free from defects
in material and workmanship under normal use and service. Should the product be shown to be defective to the satisfaction of Security Hologram within 10 days of receipt of product, the exclusive remedy for breach of such warranty shall be, replacement of the defective product. Due to the nature of our security products
we have a NO REFUND policy. Security Hologram 's sole obligation with respect to the foregoing limited warranty, and Customers sole remedy for breach of such warranty, is limited to repairing or replacing the product which has been returned to Security Hologram within the warranty period. This limited warranty does NOT apply to any product that has been subjected to misuse, negligence or accident, and this limited warranty does NOT cover accessories or components manufactured by persons or entities other than Security Hologram that are incorporated into or accompany such products. EXCEPT AS EXPRESSLY STATED
HEREIN, SHD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER. The remedies set forth herein are the exclusive remedies available to Customer for losses or damages of any kind. IN NO EVENT SHALL SHD BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT OR OTHERWISE.
No agent, employee or representative of SHD has any authority to bind Security Hologram to any affirmation, representation or warranty except as stated herein.