Terms & Conditions

Thank you for purchasing art prints from McGaw Graphics, Inc. (“McGaw” and “McGaw Prints”). In buying these products from McGaw, you are agreeing to be bound by the following terms for their sale and distribution. If you do not agree to these terms, you should not buy these McGaw Prints.

COPYRIGHT:

The content, graphics, designs and other materials related to the McGaw Prints are protected under applicable copyrights, trademarks and other proprietary rights.

PERMITTED SALES CHANNELS AND USES:

You are free to sell these McGaw Prints through your gallery or retail store, and through any website you own or control, at prices established in the ordinary course of business and in your sole discretion. Transfer of McGaw Prints to a different medium, such as canvas, wood, acrylic, and glass, without express written permission, is strictly prohibited, as is the utilization of any process that gives the appearance that an image has been printed on a different medium, such as imprinting a canvas texture on a paper print. No McGaw Print may be advertised for sale as a product on a medium other than what it was printed and sold as by McGaw Graphics.

UNLAWFUL ACTIVITY:

We reserve the right to investigate complaints or reported violations of this Agreement. If McGaw believes there has been a violation of the Terms of this Agreement, McGaw shall give the Customer notice and a reasonable opportunity to correct the perceived problem. Following such notice, McGaw may take any action we deem appropriate, including but not limited to seeking injunctive relief.

TERMINATION OF RIGHT TO PURCHASE:

You agree that McGaw may terminate your ability to purchase McGaw Prints in the future if, in its reasonable opinion, and in the exercise of its business judgment, McGaw believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.

PAYMENT TERMS:

To establish an account with McGaw Graphics, you must submit an application. A copy of a Resale certificate, sales permit, or
business authorization must be submitted with the application.

All fees quoted are subject to change. All values are US Dollars.

Net 30, date of invoice. No discount allowed for early payment.

New accounts will be opened on credit card at time of shipment terms. We accept Visa, Master Card, American Express and Discover.

If you wish to receive credit terms, please submit three business references for business with whom you currently operate on credit terms.

COD – A surcharge of $12.50 per package will be added to your invoice.

Business checks are also accepted as form of payment. A $25.00 fee for any check refused for insufficient funds and subsequent
payment must be made with Cashier’s Check, inclusive of all fees.

Pro-forma invoices are available upon request.

All banking fees for wire transfers, from both sending and receiving bank, are the responsibility of the payer.

Past due invoices will accrue a finance charge at 18% per annum (1.5% per month).

ORDERS:

Orders may be submitted by:

• Phone 1.888.221.4813 (802.362.6230) or 888.426.2429.

• Customer Service Hours are Monday through Friday 8:30 AM through 5:00 PM (EST).

• Fax 802.549.5463

• Email to sales@mcgawgraphics.com ; international isales@mcgawgraphics.com.

• Through our password protected customer portal at www.mcgawgraphics.com (Registration required)

Minimum Orders:

• $50.00 - for ship-to addresses in the United States and Canada.

• $100.00 - for international ship-to addresses.

• Orders below the minimum order stated above are subject to a $7.50 small order charge.

Quantity Discounts:

• Please contact us for a quotation.

ORDER CHANGES:

We will try our best to accommodate amendments to confirmed orders that have been placed with us; however, this is generally not possible because of our automated order handling system.

BACK ORDERS:

In the rare event an item is not available at the time of shipment, it will not be backordered.

SHIPMENT:

If all items are available in stock to be picked, orders received by 12:00 pm (EST) will likely be shipped the same day via our preferred shipper, FedEx. We will pre-pay the shipping and add it to your invoice. At your request, we can ship via UPS or other forwarders and third party bill the shipping to your account number with that forwarder.

In general, orders will ship complete within 3 to 5 business days.

Large quantity orders (skus and/or units) will be quoted for ship date.

Additional surcharges will be incurred for residential deliveries and for shipments requesting Saturday delivery.

International orders may be shipped ground to a USA-based freight forwarder or direct to country. International shipments are subject to charges based on dimensional weight if it exceeds actual weight.

A delivery area surcharge may apply to shipments destined to select U.S. ZIP codes and international addresses.

U.S. Express Package Services and U.S. Ground Services will incur a $55 per package surcharge for oversize packages. The maximum limits for FedEx Express U.S. packages are 150 lbs., and 119 inches in length and 165 inches in length and girth. Packages that weigh 150 lbs. or less and exceed 108 inches in length or 130 inches in length and girth are considered “oversize” packages.
Bulk and Export orders are shipped by customer’s choice of common carrier and shipping is billed directly to customer by carrier.

Shipments will be made to the address designated on the purchase order as long as that shipping address is compliant with U.S. export laws and regulations. No order will be shipped contrary to U.S. export laws and regulations.

All sales are on an EXW - EX WORKS (Sunderland, VT) basis. As a result, risk of loss and title of the purchased items pass to you upon delivery of the items to the carrier. It is your responsibility for filing any claims with carriers for damaged and/or lost shipments.

RETURNS:

We do not accept product returns for credit.

SHORTAGES:

Any shortages must be reported to Customer Service within 48 hours of receipt of shipment.

DAMAGES & REPLACEMENTS:

We will gladly replace defective or incorrect posters.

If the outer shipping package is damaged, please refuse the order and notify us immediately.

If a damaged package is accepted in error, please save the package, its contents and all packing materials, and contact us immediately.

All claims for damages or errors must be submitted to us within three business days from receipt of the order.

We are not responsible for the replacement of defective or incorrect posters once they have been mounted and/or framed.

COLOR & SIZE DISCLAIMER:

Great efforts are made to represent colors and dimensions in the catalog and online as accurately as possible – however, color and size variances may occur. We do not accept returns because of color and size variance, or if your customer cancels their order.

We recommend that frames, mats or glass never be precut based on dimensions printed in the catalog or presented online.

GOVERNING LAW:

These terms and conditions will be governed by and construed in accordance with the laws of the State of Vermont. Any action seeking legal or equitable relief arising out of or relating to these terms and conditions shall be brought only in the courts of the State of Vermont or the United States District Court of Vermont, Burlington.

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