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Terms and Conditions – tmkdesign.store

1. ILLUSTRATIONS: Drawing given in the proposal will be an illustration of works. The actual product and setup might differ from drawing as will be change to better suit that conditions. Client will not follow exactly based on the drawing and accept variation in actual product. Contractor reserves the rights to change the design and size of the illustration to see fit for the given conditions.

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2. ACCEPTANCE OF PURCHASE ORDERS: No Client Purchase Order shall be binding on Contractor until accepted in writing by Contractor, and Contractor shall have no liability to Client with respect to purchase orders that are not accepted. Purchase Orders accepted by Contractor may not be canceled or modified by Client without the prior written consent of Contractor. In the event Contractor has accepted Client’s purchase order in writing, Client may not change its purchase order unless Contractor accepts in writing any change(s) requested by Client (whereby Contractor reserves the right to revise the price and delivery schedule).

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3. QUOTATIONS: Quotations shall expire and shall be void fourteen (14) days from date of the Quotation, unless otherwise specified in the Quotation. The Quotation may be modified or withdrawn by Contractor at any time before Contractor’s receipt of Client’s conforming acceptance; provided, however, Contractor reserves the right upon written notice to Client to correct any typographical or clerical errors made in any Quotation before or after receipt of Client’s conforming acceptance (whereby, if exercised by Contractor, Contractor shall provide Client an opportunity to accept or reject Contractor’s corrected offer). Prices set forth in Quotations are subject to change in accordance with section 4 “PRICES: PRICE CHANGES”

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4. PRICES: PRICE CHANGES:
(a) Price. The price of Products, Software or Services (“Offerings”) sold  pursuant to the Contract shall be as set forth in the Quotation. If price is not specified in the Quotation, price shall be based upon Contractor’s prices in effect at the time of shipment. Published prices are  for Contractor’s current Offerings, and are based on, in the case of Products, current standard  design and construction from standard materials.Variation from current Offerings requires  special pricing. Contractor reserves the right at any time, without notice and without  incurring any obligation, to discontinue and withdraw any Offerings from sale, to make changes in the design of Offerings, and/or to add improvements to Offerings. Contractor  reserves the right to discontinue any price advances, discounts, extras and other terms and  conditions related to price without notice.

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(b) Price Changes.
(1) Contractor may change price set forth in a Quotation at any time upon notice to Client, except where (a) the Company has expressly stated in the Quotation that a price is firm and has expressly stated the period during which  the price will be held firm, in which case the price shall remain firm during  such period and (b) sub-subsection (2) below does not apply.
(2) In response to the following changes increasing Contractor’s costs, effective upon  notice to Client, Contractor may change unilaterally price applicable to (i) an issued Quotation, even if the Quotation specifies that price  is firm and/or (ii) a Contract between the parties: (a) changes in Client’s specifications, quantities ordered, shipment arrangements and other Client requests; (b) changes in freight rates and other transportation related expenses;  (c) changes in Contractor’s cost of production, such as in the cost of raw  materials, components, and/or labor.
(3) Contractor may impose additional charges if Contractor is not given  sufficient lead time to custom fabricate or produce any given items. Contractor will require a minimum of four (4) weeks lead time to custom fabricate or produce any items requested by the Client, if given less or insufficient, an additional charge will be impose onto Quotation (whereby Contractor  reserves the right to charge based on the amount of works and lead time depending on situation; if deemed achievable with insufficient lead time, no  additional charges will be imposed; if given less than two (2) weeks, there will be an additional 30% increment; less than one (1) week, there will be an additional 55% increment to the current quotation).

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(c) Services. Services prices are based on normal business hours (9 AM to 6 PM  Monday  through Friday). Overtime and Saturday hours will be billed at one and one half (1.5 times the normal business hour hourly rate. Sunday hours will be billed at two (2) times the  normal business hours hourly rate; holiday hours will be billed at  three (3) times the normal business hours hourly rate.

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5. LEAD TIME: Contractor will require at least a minimum of four (4) weeks lead time to custom fabricate or produce any items requested by the Client. Lead time will be counted once Contractor received the Purchase Order issued by Client to allow Contractor knows that Client has chosen Contractor to fabricate and prepare Client’s requested items. The Lead time of four (4) weeks is required by Contractor to prepare necessary measurement and calculation; purchasing necessary material; briefing and meeting with production team; production of requested items.

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6. RENTAL: All items available for festive decoration will only be valid for that said festive, if Client wants to reuse festive decoration for the next festival, rental charges will be imposed a second time and will not be counted as one. Festive decoration for 1 season is only for that season, any upcoming or extended festive, Contractor reserves the right to impose additional rental cost for said item.

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7. ADD-ON: Any additional add-on after the acceptance of Purchase Order from Client will be charged separately and will be not be added as “Free-of-Charge” into previous Purchase Order (unless given approval by Contractor after discussion between Client and Contractor). Additional add-on will have a shorter lead time of one (1) week depending on the additional add-on requirement (Contractor reserves the right to delay delivery date if deemed unachievable within lead time).

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8. FOLLOW UP / TOUCH UP: Follow up or touch up work after work(s) is done will be informed by Client, Contractor will require one (1) day time to arrange manpower to follow up or touch up work, no “Immediate” action will be taken if Client inform Contractor after 3 PM (depending on situation: slight follow up / touch up will be entertained immediately ; heavy follow up / touch up will require one (1) day to prepare). Intended damage from outsider that requires repair-works from Contractor will incur additional charges (depending on the seriousness of the external damage; Contractor reserves the right to impose charges to conduct repair-works onto damaged item).

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