Terms and Conditions
DAKOTA INK LLC
TERMS AND CONDITIONS OF SALE
Effective Date: Jan 1, 2026
These Terms and Conditions apply to all estimates, orders, purchases, design services, printing services, custom apparel, promotional products, signs, banners, decals, vehicle graphics, wraps, installations, and other products or services provided by Dakota Ink LLC (“Dakota Ink”).
By approving an estimate or proof, submitting payment, authorizing production, accepting delivery, or permitting Dakota Ink to begin work, the customer agrees to these Terms and Conditions.
1. Estimates, Pricing and Payment
Estimates are based on the information, dimensions, quantities, materials, artwork, installation conditions, and project requirements available when the estimate is prepared. Changes to the scope, artwork, materials, quantities, installation location, site conditions, delivery requirements, or completion schedule may result in additional charges.
Unless otherwise stated in writing, estimates are valid for 30 days. Dakota Ink may require a deposit before ordering materials, beginning design work, or scheduling production. Final payment is due before delivery, pickup, shipment, or installation unless Dakota Ink has approved other payment terms in writing.
Applicable taxes, permits, shipping, freight, installation equipment, electrical work, engineering, site preparation, and other third-party costs are additional unless specifically included in the written estimate.
2. Custom Artwork and Design Services
Design fees compensate Dakota Ink for the time and services required to create or prepare artwork. Design fees are nonrefundable once design work has begun.
Unless otherwise agreed in writing, the customer receives the completed product and permission to use the approved final design for its intended purpose. Editable design files, production files, working files, fonts, templates, cut files, embroidery files, print-ready files, and unused design concepts remain the property of Dakota Ink and are not included with the finished product.
Dakota Ink may charge an additional fee to release or prepare production-ready artwork files.
3. Customer-Provided Artwork and Intellectual Property
The customer represents that it owns or has permission to use every logo, photograph, trademark, business name, slogan, design, font, image, or other material supplied to Dakota Ink.
The customer is responsible for obtaining all necessary copyright, trademark, licensing, publicity, and other permissions. Dakota Ink may refuse work that it reasonably believes is unlawful, infringing, defamatory, misleading, or inappropriate.
The customer agrees to defend and indemnify Dakota Ink against claims, damages, expenses, and reasonable attorney fees resulting from materials or instructions supplied or approved by the customer.
4. Proof Approval
Dakota Ink will provide a proof when appropriate. The customer is responsible for carefully reviewing all proofs before production.
Approval confirms that the customer has reviewed and accepted:
Spelling, grammar, punctuation and wording;
Names, telephone numbers, addresses and website information;
Dates, prices and other factual information;
Logo placement, artwork, dimensions and layout;
Garment styles, sizes and colors;
Product type, quantity and imprint location; and
The overall appearance of the design.
Dakota Ink is not responsible for errors approved by the customer. Changes requested after approval may require additional design fees, material costs, setup charges, and production time.
Dakota Ink remains responsible when the finished product materially differs from the customer’s approved proof because of an error made during Dakota Ink’s production process.
5. Color, Size and Production Tolerances
Colors displayed on phones, tablets, computer monitors, office printers, and emailed proofs may differ from finished products. Differences may also occur between printing methods, materials, garment lots, manufacturers, ink systems, vinyl products, lighting conditions, and separate production runs.
Dakota Ink does not guarantee an exact color match unless a specific color-matching service is identified and purchased in writing. Even with color matching, reasonable industry tolerances may occur.
Finished dimensions, print placement, embroidery placement, sign dimensions, cuts, hems, seams, quantities, and product colors may vary slightly within reasonable manufacturing and industry tolerances.
Supplier-standard overruns or underruns of up to 5% may occur on certain promotional-product and printed-product orders unless an exact quantity requirement is stated in writing before production. The customer will be billed for the actual quantity delivered.
6. Turnaround Times and Delays
Production and completion dates are estimates unless Dakota Ink specifically guarantees a date in writing.
Dakota Ink is not responsible for delays caused by supplier shortages, freight carriers, weather, equipment failure, utility interruption, permit delays, unavailable installation sites, customer approval delays, changes to an order, acts of government, labor disruptions, or circumstances outside Dakota Ink’s reasonable control.
Rush service may be available for an additional charge but does not eliminate delays outside Dakota Ink’s control.
7. Cancellations and Custom-Product Returns
Because Dakota Ink’s products are customized, made to order, or specially purchased, custom orders may not be canceled, returned, or refunded after artwork approval, material ordering, production, decoration, printing, embroidery, engraving, fabrication, or other customization has begun.
If an order is canceled before production, the customer remains responsible for completed design work, setup costs, restocking charges, special-order materials, supplier cancellation charges, and other costs already incurred.
Custom products are not returnable because of customer-approved design choices, incorrect customer-provided information, normal color variation, manufacturer sizing differences, fit preferences, or a change of mind.
This section does not prevent a customer from making a valid claim involving a material defect or an error caused by Dakota Ink.
8. Inspection and Claims
The customer must inspect products promptly after pickup, delivery, shipment, or installation.
Visible shortages, damage, printing errors, incorrect products, or other apparent problems must be reported to Dakota Ink in writing within five business days. Concealed or latent defects must be reported promptly after discovery and within any applicable written warranty period.
The customer must provide photographs, order information, and reasonable access to the affected products. Products may not be discarded, repaired, altered, removed, reinstalled, or returned without Dakota Ink’s authorization.
When Dakota Ink confirms a covered defect or production error, Dakota Ink may, at its option, repair the affected product, replace it, reproduce the affected portion of the order, or issue an appropriate credit or refund.
9. Customer-Supplied Products
Dakota Ink does not guarantee customer-supplied garments, products, signs, panels, vehicles, equipment, or materials.
Customer-supplied products may be damaged, marked, discolored, distorted, scorched, punctured, misprinted, or otherwise affected during printing, embroidery, engraving, application, installation, removal, or production.
Dakota Ink will exercise reasonable care but is not responsible for replacing customer-supplied products unless the damage resulted from Dakota Ink’s gross negligence or intentional misconduct. The customer should provide additional pieces when possible to account for testing or production loss.
10. Sign, Graphic and Vehicle Installation Conditions
The customer must disclose known problems with the installation surface, including rust, corrosion, loose paint, oxidation, peeling clear coat, body filler, prior repairs, repainted surfaces, existing graphics, silicone, wax, oil, dirt, moisture, textured surfaces, damaged panels, or structural defects.
Vinyl, paint, adhesive, hardware, and sign performance depend on the condition of the surface and structure to which they are applied. Dakota Ink does not warrant adhesion or performance over unsuitable, deteriorated, contaminated, damaged, improperly painted, repainted, oxidized, low-energy, or otherwise incompatible surfaces.
The customer is responsible for providing safe and unobstructed access to the installation area and for identifying concealed electrical wiring, plumbing, utilities, structural components, and underground facilities.
Additional charges may apply for cleaning, removal of existing graphics, surface preparation, unexpected site conditions, lift rental, traffic control, electrical work, return trips, or delays caused by an unavailable or unsafe installation location.
11. Third-Party and Customer Installation — No Dakota Ink Warranty
IMPORTANT WARRANTY EXCLUSION
DAKOTA INK DOES NOT PROVIDE AN INSTALLATION, ADHESION, DURABILITY, STRUCTURAL, ELECTRICAL, WATER-INTRUSION, APPEARANCE, OR PERFORMANCE WARRANTY FOR ANY GRAPHIC, DECAL, WRAP, LETTERING, SIGN, PANEL, BANNER, HARDWARE, OR RELATED PRODUCT THAT IS INSTALLED, MOUNTED, WIRED, MODIFIED, REPAIRED, REMOVED, REPOSITIONED, OR REINSTALLED BY THE CUSTOMER OR BY ANY PERSON OR COMPANY OTHER THAN DAKOTA INK.
DAKOTA INK’S INSTALLATION WORKMANSHIP WARRANTY APPLIES ONLY WHEN THE INSTALLATION IS COMPLETED BY AN EXPERIENCED PROFESSIONAL INSTALLER EMPLOYED BY DAKOTA INK OR EXPRESSLY AUTHORIZED BY DAKOTA INK IN WRITING.
When the customer elects to install a product independently or hires another installer:
The customer assumes responsibility for verifying that the product, surface, structure, mounting method, hardware, electrical connection, and location are suitable;
The customer assumes the risk of misalignment, bubbles, wrinkles, lifting, peeling, cracking, stretching, punctures, incorrect mounting, water intrusion, electrical problems, wind damage, property damage, personal injury, and premature product failure;
Dakota Ink is not responsible for labor, removal, replacement, reinstallation, travel, equipment rental, property repair, or other costs caused by improper or third-party installation; and
Any Dakota Ink warranty is void to the extent a defect, failure, or damage was caused or contributed to by third-party installation, alteration, misuse, improper maintenance, incompatible surfaces, or failure to follow written instructions.
This exclusion does not eliminate a manufacturer’s warranty that independently applies to a product or Dakota Ink’s responsibility for a proven manufacturing or production defect that existed before third-party installation and was not caused or worsened by that installation.
12. Limited Dakota Ink Workmanship Warranty
Any Dakota Ink warranty must be stated in the applicable estimate, invoice, product description, or separate written warranty.
A Dakota Ink installation warranty covers only defects caused by Dakota Ink’s installation workmanship. It does not cover ordinary wear, fading, weathering, customer damage, accidents, pressure washing, automatic car washes, chemicals, fuel spills, ice scrapers, abrasion, vandalism, collisions, severe weather, improper cleaning, movement of the underlying structure, surface failure, paint failure, rust, corrosion, or conditions outside Dakota Ink’s control.
Manufacturer warranties on vinyl, garments, promotional products, electrical components, hardware, substrates, inks, and other materials are limited to the warranty offered by the applicable manufacturer. Dakota Ink does not extend or enlarge a manufacturer’s warranty.
Dakota Ink’s obligation under a valid warranty claim is limited, at Dakota Ink’s option, to repair, replacement, reproduction, or refund of the amount paid for the defective portion of the product or service.
13. Disclaimer of Other Warranties
EXCEPT FOR AN EXPRESS WRITTEN WARRANTY SPECIFICALLY PROVIDED BY DAKOTA INK, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”
TO THE FULLEST EXTENT PERMITTED BY LAW, DAKOTA INK DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
This disclaimer does not apply where an implied warranty cannot legally be excluded or where an applicable written consumer warranty expressly provides otherwise.
14. Limitation of Liability
To the fullest extent permitted by law, Dakota Ink will not be liable for lost profits, lost business, lost revenue, loss of use, replacement advertising, business interruption, reputational harm, or indirect, incidental, special, exemplary, or consequential damages.
Dakota Ink’s total liability relating to a product, order, or service will not exceed the amount actually paid to Dakota Ink for the affected portion of that product, order, or service.
These limitations do not apply to liability that cannot legally be limited, including liability resulting from fraud, intentional misconduct, or other liability that applicable law does not permit Dakota Ink to exclude.
15. Permits, Codes and Property Authorization
Unless specifically included in writing, the customer is responsible for obtaining landlord approval, property-owner approval, sign permits, zoning approval, electrical permits, engineering, surveys, inspections, and other government approvals.
Dakota Ink may assist with permits for an additional charge but does not guarantee that a proposed sign, location, size, lighting method, or installation will be approved.
The customer represents that it has authority to authorize work at the installation property.
16. Product Care and Maintenance
The customer is responsible for following Dakota Ink’s and the manufacturer’s cleaning, washing, storage, use, maintenance, and removal instructions.
Failure to follow care instructions may shorten product life and void applicable warranties. Outdoor products naturally experience fading, weathering, wear, and deterioration over time.
17. Photographs and Portfolio Use
Unless the customer objects in writing before production or installation, Dakota Ink may photograph completed work and use those photographs in its portfolio, website, social media, advertising, samples, and promotional materials.
Dakota Ink will not intentionally disclose confidential customer information that is not already visible in the completed work.
18. Governing Law
These Terms and Conditions are governed by the laws of the State of North Dakota, without regard to conflict-of-law principles.
To the extent permitted by law, any legal action relating to an order, product, service, or these Terms and Conditions must be brought in a state or federal court located in Williams County, North Dakota.
19. Severability and Entire Agreement
If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be enforced to the maximum extent permitted by law.
The customer’s approved estimate, order, proof, invoice, applicable written warranty, and these Terms and Conditions constitute the agreement between the customer and Dakota Ink. Any different or additional terms must be approved by Dakota Ink in writing.
