Terms & Conditions of Sale

ALL TRANSACTIONS BETWEEN BLUE MOUND GRAPHICS, INC. (“BLUE MOUND GRAPHICS”) AND ANY “CUSTOMER” ARE GOVERNED BY THESE TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”). ANY PROPOSAL THAT INCLUDES DIFFERENT OR ADDITIONAL TERMS THAT VARY FROM THESE TERMS AND CONDITIONS ARE OBJECTED TO AND DISALLOWED. NOTWITHSTANDING THE FOREGOING, ANY SUCH COUNTERPROPOSALS BY CUSTOMER SHALL NOT OPERATE AS A REJECTION OF THE CONTRACT OF SALE, BUT AS A REJECTION OF THE ADDITIONAL OR DIFFERENT TERM(S).

  1. Order Confirmation.
    1. Your order confirmation will be sent via email once your order is placed. It is the Customer’s responsibility to check the order confirmation for any inaccuracies and report them immediately to Blue Mound Graphics. Once sent and without further notice to the Customer, this order becomes a valid contract governed by Wisconsin law.
    2. Any order canceled after the order confirmation is sent will incur a $50.00 minimum cancelation fee. Due to the nature of custom imprinted calendars, this order is not subject to cancelation or reduction by the Customer without compensation for expense incurred by Blue Mound Graphics.
    3. Title to the merchandise covered in this order will pass to the Customer at the time of shipment.
    4. Shipments may be sent earlier or later than the date specified in the letter sent at the time of the order confirmation.
    5. Delivery of this order shall be contingent upon the availability of materials and labor, strikes, acts of God, riots, warfare, government laws, or regulations, and/or conditions beyond Blue Mound Graphics' control.
  1. Billing.
    1. An invoice will be sent to the Customer’s billing contact's email address after all artwork has been final approved.
    2. Blue Mound Graphics will not send the order to print until payment has been received.
  1. Shipping.
    1. Blue Mound Graphics must receive artwork approval and payment no later than October 1st to guarantee Christmas delivery.
    2. Blue Mound Graphics fulfills its responsibilities once the product ships. All shipments are F.O.B. once they leave the manufacturer's shipping dock.
    3. If the Customer is unsatisfied with the finished product, the Customer must notify Blue Mound Graphics within ten days of receiving the finished product. 
  2. Limitation of Liability.
    1. No claim by Customer of any kind including, but not limited to, claims for indemnification, whether as to quality or amount of product delivered or non-delivery, shall be greater in amount then the purchase price for the products in respect of which damages are claimed. IN NO EVENT SHALL BLUE MOUND GRAPHICS BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCTS SOLD HEREUNDER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
  1. Miscellaneous.
    1. No waiver by Blue Mound Graphics of any of the provisions of these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by Blue Mound Graphics. Except as otherwise set forth, Blue Mound Graphic’s failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising during any transaction shall not operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
    2. Any order or transaction and all related matters arising out of or relating to an order or transaction, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Wisconsin, United States of America.
    3. Any legal proceeding initiated in connection with any order or transaction shall be brought in a forum consisting of either the United States District Court for the Eastern District of Wisconsin, located in Milwaukee, Wisconsin, or in the Circuit Court for Milwaukee County, Wisconsin.