Terms & Conditions

Use of Website Content

  1. General Use: The content on this website, which includes but is not limited to text, graphics, images, logos, designs, and other material, is the property of True Impact Sign Solutions, Inc. and is protected by copyright and other intellectual property laws. The content is provided for informational and promotional purposes only.
  2. Restrictions on Use: Visitors are permitted to read, print, or download content from this website for personal and non-commercial use only. The following actions are strictly prohibited:
  • Reproducing, copying, distributing, selling, renting, sublicensing, or otherwise exploiting the content for commercial purposes without explicit written consent from True Impact Sign Solutions, Inc..
  • Modifying or creating derivative works based on the content.
  • Using the content for any unlawful purpose or in a manner that may harm the reputation of True Impact Sign Solutions, Inc..
  1. Trademarks: The trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of True Impact Sign Solutions, Inc. and/or third-party proprietors. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the trademark owner.
  2. Intellectual Property Rights: All intellectual property rights concerning the content and design of this website belong to True Impact Sign Solutions, Inc. or have been licensed to us. Unauthorized use of any content or intellectual property rights on this website may lead to legal action.
  3. Links to Other Websites: This website may contain links to third-party websites. True Impact Sign Solutions, Inc. is not responsible for the content of these external sites and does not endorse the material on them. Access and use of these third-party websites are at the user’s own risk.
  4. Changes to Content: True Impact Sign Solutions, Inc. reserves the right to add, modify, or remove content from the website at any time without notice.
  5. Contact Information: If you have any questions or require permission for use beyond the scope outlined here, please contact us at [email protected].

 

Website Disclaimer

  1. Content Accuracy: True Impact Sign Solutions, Inc. strives to ensure that the information contained on this website is accurate and reliable. However, errors and omissions may occur. Therefore, True Impact Sign Solutions, Inc. disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website. True Impact Sign Solutions, Inc. is not liable or responsible for any damages or injuries caused by the use of this website (such as viruses, omissions or misstatements).
  2. No Professional Advice: The information available on this website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. It is not a substitute for professional advice or help and should not be relied upon to make decisions of any kind.
  3. External Links: This website may contain links to other websites operated by third parties. True Impact Sign Solutions, Inc. does not endorse or accept any responsibility for the content or use of these third-party websites. These links are provided for your convenience, and you access them at your own risk.
  4. Limitation of Liability: True Impact Sign Solutions, Inc. will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of access to or use of any content on this website, regardless of the accuracy or completeness of any such content.
  5. Use at Your Own Risk: All users agree that the access and use of this website and its content is at their own risk. True Impact Sign Solutions, Inc. does not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if True Impact Sign Solutions, Inc. is aware of them.
  6. Changes and Updates: True Impact Sign Solutions, Inc. reserves the right to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice at any time. True Impact Sign Solutions, Inc. is not obligated to update the information contained on this website, and so the information contained therein may be out of date at any given time

 

GENERAL CONDITIONS OF SALE

AKA

True Impact Sign Solutions Terms and Conditions

ACCEPTANCE: All Quotations (Orders, Invoices) and proposals covering Seller’s Signs, services and products are made and all contracts or purchase orders for said products are accepted under the strict limitation that these General Conditions of Sale shall govern. Any provision in Buyer’s purchase order or other documents issued by Buyer which conflicts with or is in addition to these General Conditions of Sale are rejected hereby unless expressly accepted by Seller in writing.

SCOPE: The True Impact Sign Solutions Estimate (later converting to an Order and then to an Invoice is the total statement and total scope of the work. Acceptance of the Quotation is an agreement to design, make and install the sign/s or services described. Other services or products not listed in the Quotation are outside the scope and are not a part of our agreement.

PRICES: Prices are not subject to trade or other discounts and do not include any federal, state, county, local, or other taxes (Unless specifically listed), or costs of special packaging and insurance. These charges, when applicable, shall be paid by Buyer. The buyer may provide Seller with an appropriate tax exemption certificate acceptable to the taxing authorities. Unless requested by Buyer, Seller shall have no obligation to obtain insurance for Buyer.

APPROVAL OF ALL ORDERS: All orders are subject to the approval of the owner of True Impact Sign Solutions.

TITLE AND RISK OF LOSS, SHIPPING, DELIVERED and INSTALLED SIGNS: Risk of loss or damage to the Signs shall pass according to freight terms agree upon by buyer and seller (Generally FOB Our San Marcos, CA warehouse). Seller retains a security interest in the Signs until the purchase price is paid. For Installed signs the ownership of the Signs remains with True Impact Sign Solutions until final payment is made. For all C.O.D. shipments, title and risk of loss shall remain with Seller until delivery to Buyer.

PAYMENT: Delinquent accounts shall bear interest on the unpaid balance at a rate of eighteen percent (18%) per annum, per month. The invoiced amount shall not be subject to offsets for any claims by Buyer against Seller, including any claims for products returned by Buyer for repair or correction of defects. If Buyer delays shipments, the payment due date will be based on the date Seller is prepared to make shipment. Products held for Buyer shall be held at the expense of Buyer. Installed Signs are subject to mechanic liens.

Dispute Resolution, collection agency and Attorney Fees

  1. The parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action or arbitration. Mediation fees, if any, shall be divided equally among the parties involved.  If any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action, whether by contract or law.
  2. The following matters are excluded from mediation:  (i) filing for enforcement of a mechanic’s lien; (ii) any matter within the jurisdiction of the small claims, probate or bankruptcy court.  Filing of a court action to enable recording of a notice of pending action, order of attachment, receivership, injunction or other provisional remedies, shall not constitute a waiver of this mediation provision.
  3. Except as provided in [1] and [2] above of this section, in any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, collection agency and costs.

CANCELLATION: Buyer may cancel all or any of the products purchased by written notice to Seller received prior to thirty (30) days before shipment. Buyer agrees to pay for completed signs and products (including profit thereon) and any direct or indirect costs or expenses incurred by Seller as a result of cancellation, including a restocking charge for any generic, reusable products of 20% of the purchase order price. Seller reserves the right to complete and ship products canceled within thirty (30) days of scheduled shipment and shall be entitled to the full purchase order price. Return freight charges will be for the Buyer’s account. To obtain return approval, contact Customer Service at (619) 319-9191.

ABANDONMENT: Should the Buyer fail to communicate or become unable to cancel (bankruptcy, change in ownership or any other reason), the order shall become inactive. If inactivity exceeds 30 days, the order shall be deemed cancelled. Buyer agrees to forfeit any deposits to pay for completed products (including profit thereon), Permit Fees, Taxes and any direct costs.

WARRANTY: Seller warrants to the original Buyer that new products (including spares and replacement components) will be free from defects in material and workmanship for a period of twelve months from shipment, twelve months from

date of first use, whichever occurs first. All warranty work will be performed during True Impact Sign Solutions’ normal business hours. Any Customer requiring warranty work not performed during regular business hours will be charged a service charge. In consideration of the terms here and the warranty above and any specific performance or other guarantees written within the Quotation (order and invoice) are the entire scope of the warrantee. Other performance excluding the title to the sign, either expressed or implied are excluded from the contract.

DELIVERY: Delivery dates furnished by Seller represent the best estimates of the time to make shipment. Seller shall not be in default nor liable for any expense, loss, or damage occasioned by a delay in performance due to causes beyond its control, including but not limited to labor disputes, floods, fire, transportation delays, inability to obtain materials, or manufacturing equipment breakdown. In the event of such delay, the affected terms of the purchase order, including the price, will be adjusted to reflect the impact of any delay.

ALTERATIONS: Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by True Impact Sign Solutions, will be cause to terminate True Impact Sign Solutions’ warranty or other obligation under the contract.

EXCLUSION OF COURSE OF DEALING: It is agreed that no prior course of dealing, or usage of trade not expressly set forth in the quote, (order and then invoice) shall be admissible to explain, modify, or contradict this contract in any way.

SPECIAL SERVICE AND INSTALLATION ISSUES

INSTALLATION AND REPAIR SERVICES: The Customer shall provide safe and clear unobstructed access to the place of installation, including opening or removing all locks, service and the electric panel including time clocks. Customer agrees to respect the lockout tagout tools including any signs that attempts to power on the sign during maintenance. Customer shall provide a suitable electrical feed within 6 feet of the place where the Sign/s are to be installed. This includes blocking off parking spaces needed for access, creating a clear path to the time clocks, electrical panels, and roof access.

INSTALLATION AND REPAIR SCHEDULING: True Impact Sign Solutions attempts to schedule accurately and arrive on time. Due to the unpredictable nature of service calls, weather, traffic, access and other issues we often find exact time schedules are difficult to maintain. True Impact Sign Solutions assume no liability for cancellation or delays.

INSTALLATION SITE: When installing the Signs onto an existing sub fascia (wall) the Customer shall be responsible for providing a sound and suitable sub fascia. It is often impossible to fully understand what is underneath the fascia. If the sub fascia proves unsuitable for a normal install, requiring additional work and/or additional products (such as a wire way, angle drilling, daisy chaining, installing a wireway, panel or raceway) additional charges to cover the cost may apply. The Customer is responsible for these additional costs.

COMPLETING THE INSTALL: Signature of the Company’s installation note by a person reasonably appearing to be the Customer’s representative shall be conclusive proof of their satisfactory installation. In most cases payment is also required at the point of completion.

PREVENTATIVE MAINTENANCE SERVICE: Service by its nature is imprecise. True Impact Sign Solutions makes every attempt to provide accurate and complete estimates of maintenance, repair and service costs. When hidden problems appear, True Impact Sign Solutions will terminate the call and charge a trip cost OR complete the service and charge an additional amount to cover the hidden costs.

THE MAINTENANCE SERVICES SHALL NOT INCLUDE: Any work, including but not limited to electrical work, not documented in the Quotation, Order or Invoice.

LIMITATION OF LIABILITY: Seller shall not be liable, whether arising under contract, tort (including negligence), strict liability, or otherwise, loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, cost of money, loss of use of equipment, capital or revenue, or for any economic or consequential loss or damage. Seller’s maximum liability whether arising from breach of contract, tort (including negligence), strict liability, breach of warranty or otherwise shall not exceed the purchase order price.

PROPRIETARY INFORMATION: Buyer agrees that any data, such as Seller’s specifications, drawings, proof sheets, quotations, pricing and information (including, without limitation, designs, drawings, invoices, orders, quotes, reports and the like), revealed by Seller to Buyer and containing proprietary information marked or identified as proprietary, shall be kept in confidence by Buyer with at least the same care and safeguards as are applied to Buyer’s own proprietary information. Such data shall not be duplicated, disclosed to others, or used without the written permission of Seller. The restrictions and obligations relating to Seller’s proprietary information shall expire seven (7) years after the execution of the contract incorporating these terms and conditions, unless otherwise agreed to in writing.

PATENT and COPYRIGHT INDEMNITY: The Seller agrees to indemnify Buyer from and against all claims, demands and suits based on allegations that the product designed and manufactured by Seller constitutes an infringement of any patent or Copyright. If the Seller is notified promptly of the assertion of any such allegation, and if the Seller is given authority to defend the same and reasonable information and assistance for the defense of the same. Upon notification of an infringement claim, the Seller reserves the right to do any of the following, at cost to the Buyer.

  1. Procure for the Buyer the right to continue using the equipment; or
  2. Remove the signs.
  3. Replace the same with non-infringing signs; or
  4. Modify the signs so that it becomes non-infringing.

 

Seller does not assume liability for the infringement of any method and/or process patent or copyright.

PACKAGING AND SHIPMENT: Seller’s products will be packaged in accordance with standard commercial practices for domestic and international shipments. Buyer will pay all shipping charges. In the absence of specific instructions, Seller will select the carrier. When applicable, Buyer shall obtain insurance. The Buyer is 100% liable for shipping damage.

GOVERNING LAW: In the event the sale of Signs to Buyer is subject to the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), the CISG will apply provided however these Terms and Conditions of Sale will prevail over any conflicting provisions of the CISG. In the event the CISG does not apply, the contract for the sale and purchase of Seller’s product shall be construed under and governed by the law of the State of California.

COMPLETE AGREEMENT: The contract incorporating these General Conditions of Sale is the complete, final, and exclusive statement of the agreement between Buyer and Seller. The entire scope of the work is contained within the Quotation (then the Order and Invoice) Any prior or contemporaneous agreements, understandings, and representations, whether oral or written, are merged herein. These General Conditions of Sale shall not be varied, supplemented, qualified, or interpreted by any prior course of dealings between the parties or by custom or usage of trade. No modifications or additions to said contract will be binding upon Seller unless in writing and signed by an authorized representative of Seller.