Terms of service: an agreement between you and Buckets of Ink to enter and use this website and services
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Welcome to the Buckets of Ink your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1Buckets of Ink Services:
2 Using our Buckets of Ink Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.
2.1 ELIGIBILITY CHILDREN UNDER 18.
bucketsofink will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:
3 User's Obligations
3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:
3.2 Restrictions on Users
Users shall not and has no right to either:
USER ACKNOWLEDGES AND AGREES THAT bucketsofink MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.
4.Buckets of Ink Obligations
4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, bucketsofink shall allow user to access and use the Website and the services .
4.2 Privacy: bucketsofink may collect personal data concerning the user in the course of and incidental to users use of the Website and services. bucketsofink shall comply with, and user hereby consents irrevocably and unconditionally to bucketsofinks collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).
4.3 Training
User acknowledges that bucketsofink has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
bucketsofink reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. bucketsofink shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. bucketsofink grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by bucketsofink; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, bucketsofink may revoke the licence and deny access to and use of the Website.
5.2 Prohibition on infringement
User acknowledges and agrees that bucketsofink does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to bucketsofink an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
6. Registration
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify bucketsofink of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. bucketsofink cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Warranties
7.1 Users warranties
User represents and warrants to bucketsofink that, in its use of the Website and the Services provided, it:
7.2 warranties
Represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.
7.3 Caveats
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY bucketsofink, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
(a) User acknowledges that neither bucketsofink nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of bucketsofink, except for representations or inducements expressly set out in these Terms of Use.
8. Exclusion and Limitation of Liability
8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall bucketsofink be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that bucketsofink has been advised of the possibility of any particular loss or damage.
8.3 Links
bucketsofink may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that bucketsofink is not responsible for the operation of or content located on any such website, and bucketsofink cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against bucketsofink for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, bucketsofink's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.
8.5 Indemnity User shall indemnify and hereby releases unconditionally bucketsofink , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.
9. Termination
9.1 Termination
(a) At any time and with or without cause, bucketsofink may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by bucketsofink. In no event shall any such termination or suspension by bucketsofink relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services
9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, bucketsofink may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and bucketsofink shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.
10. General
10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.2 Variation
bucketsofink may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the bucketsofink services.
10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.
10.4 Assignment
(a) bucketsofink may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.
10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
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These Terms and Conditions of Sale ("Terms") govern every quote issued by, and every sale of products or services by, Buckets of Ink LLC, an Arizona limited liability company ("Seller"), to any customer or dealer ("Buyer"). By placing an order, accepting delivery, or making payment, Buyer agrees to be bound by these Terms. These Terms prevail over any conflicting or additional terms in Buyer's purchase order or other documents, which are expressly rejected.
1. Orders; Methods of Ordering; Acceptance. These Terms apply to every order regardless of how it is placed, including written purchase orders, orders submitted by email or through Seller's website, telephone or text orders, and in-person sales made from Seller's vehicles or at Buyer's location, trade shows, or events. An order is accepted, and a binding contract formed, when Seller issues an invoice or order confirmation, or delivers the goods, whichever occurs first; no Buyer signature is required. For telephone, text, and email orders, Seller may rely on instructions reasonably believed to come from Buyer or Buyer's employees or agents, and Buyer is responsible for orders placed by its personnel. For in-person and route/van sales, Buyer's (or its employee's or agent's) acceptance of the goods at delivery constitutes acceptance of the order and these Terms, title and risk of loss pass upon hand delivery, and payment is due at the time of sale unless Seller has approved credit terms in writing. A delivery ticket, receipt, or invoice signed or accepted by any person at Buyer's location is binding on Buyer. Preprinted or conflicting terms in Buyer's purchase order are rejected and do not modify these Terms, even if Seller acknowledges or fulfills the order.
2. Payment. All invoices are due upon receipt, in U.S. dollars, unless Buyer has been approved in writing by Seller for credit terms, in which case payment is due within the terms stated on the invoice. Past-due balances bear interest at 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower, accruing from the due date until paid. Buyer is liable for all reasonable costs of collection, including accounting fees, attorneys' fees, court costs, and post-judgment interest at the contract rate. Seller may suspend production, shipment, warranty service, or credit terms while any invoice is past due. ACH and wire payments are accepted; contact Seller for instructions. A returned-payment fee of $35 (or the maximum permitted by law, if lower) applies to each dishonored check or failed ACH/wire, and Seller may thereafter require certified funds. Buyer agrees not to initiate credit card chargebacks for amounts properly due under these Terms and shall reimburse Seller for chargeback fees and costs incurred contesting any improper chargeback. Where permitted by law, a credit card processing surcharge of up to 3.5% may be applied to card payments (surcharge disclosed before payment; not to exceed Seller's actual cost of acceptance).
3. Credit Terms; Application and Review. Credit terms are a privilege, not a right, and are extended solely at Seller's discretion following a credit review. To be considered, Buyer must submit to Seller: (a) a completed and signed credit application; (b) Buyer's legal business name, entity type, state/province of formation, federal tax ID (EIN) or equivalent, and business address; (c) a valid resale or tax-exemption certificate, if applicable; (d) at least three (3) trade references and one (1) bank reference, with authorization for Seller to contact them; (e) years in business and names of owners or principals; and (f) any additional information Seller reasonably requests, which may include recent financial statements or a personal guaranty from Buyer's owner(s). Buyer authorizes Seller to verify the information provided and to obtain business credit reports. Completion of a review does not guarantee approval: Seller may decline to extend terms, approve a lower credit limit or shorter terms than requested, or condition approval on a deposit or personal guaranty, in each case without obligation to state a reason. Seller may reduce, suspend, or revoke credit terms at any time, including requiring payment in advance or upon receipt for future orders, if Buyer's account becomes past due or Seller reasonably deems itself insecure. Until credit terms are approved in writing, all orders must be paid in full before shipment or at the time of in-person delivery.
4. Taxes, Duties, and Import Costs. Prices exclude all sales, use, excise, VAT/GST, and similar taxes, and all customs duties, tariffs, brokerage, and import fees. Buyer is responsible for all such amounts, or must supply a valid exemption/resale certificate. For shipments outside the United States, Buyer is the importer of record and is solely responsible for import clearance, duties, taxes, and compliance with the laws of the destination country. If any new or increased tariff, duty, tax, or government-imposed charge takes effect, or Seller's material or freight costs materially increase, between order acceptance and shipment, Seller may adjust the price accordingly upon notice to Buyer; Buyer's sole remedy is to cancel the unshipped portion of the order within five (5) business days of that notice.
5. Shipping; Title; Risk of Loss. All shipments are FOB Seller's facility (EXW/FCA origin for international shipments). Title and risk of loss pass to Buyer upon Seller's delivery of the goods to the carrier. When goods ship on Buyer's or a dealer's freight account, Seller assumes no liability for loss, delay, or damage in transit, and Buyer's payment obligation is unaffected. Transit claims are Buyer's responsibility and must be filed with the carrier. Freight arranged by Seller is not included in the initial invoice and will be invoiced separately once the carrier's final freight bill is received. Hazardous-materials handling fees, special packaging, liftgate, residential delivery, and similar accessorial charges are Buyer's responsibility. If Buyer delays, refuses, or is unable to accept delivery when goods are ready to ship, risk of loss passes to Buyer, payment obligations are unaffected, and Seller may charge reasonable storage and insurance fees beginning fifteen (15) days after notice that the goods are ready.
6. Inspection; Claims. Buyer must inspect goods upon receipt and note any visible damage or shortage on the delivery receipt. Claims for shortage, misshipment, or visible damage must be reported to Seller in writing within five (5) business days of delivery; otherwise the goods are deemed accepted as conforming.
7. Security Interest. Until the purchase price and all related charges are paid in full, Buyer grants Seller a purchase-money security interest in the goods (identified by serial number where applicable) and all proceeds thereof, and authorizes Seller to file financing statements (including UCC-1 filings or equivalent registrations in Canada or Mexico) to perfect that interest.
8. Limited Warranty; Disclaimer. Any product warranty is limited to the separate written warranty published by Seller, if any, applicable to the specific product. Any warranty is void if: (a) the product is used with inks, fluids, or consumables not approved by Seller or the manufacturer; (b) the product is serviced, repaired, or modified by anyone not authorized by Seller; (c) the serial number is removed, altered, or defaced; or (d) the product is damaged by misuse, neglect, accident, improper installation or environment, or failure to follow the SDS, manuals, or maintenance requirements. Used, demo, refurbished, and clearance equipment is sold "AS IS, WHERE IS" unless a written warranty is expressly stated on the invoice. Buyer is solely responsible for determining the suitability and fitness of the products, and of any finished output produced with them, for Buyer's intended use. EXCEPT FOR ANY SEPARATE WRITTEN WARRANTY, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO ANY SALE, EVEN IF ADVISED OF THE POSSIBILITY. SELLER'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY BUYER FOR THE SPECIFIC GOODS GIVING RISE TO THE CLAIM.
10. Indemnification. Buyer shall defend, indemnify, and hold harmless Seller and its members, managers, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Buyer's use, misuse, alteration, resale, or installation of the products; (b) goods, garments, or other output produced by Buyer with the products, including claims by Buyer's customers; (c) Buyer's infringement of any third party's intellectual property in artwork, designs, or content printed or reproduced by Buyer; (d) Buyer's failure to follow the SDS, labeling, manuals, or applicable law; or (e) Buyer's breach of these Terms. This obligation survives payment and delivery.
11. Returns. No returns without Seller's prior written authorization (RMA). Authorized returns must be shipped freight-prepaid in original packaging and are subject to a restocking fee of up to 20%. Custom, special-order, consumable, and opened-ink products are not returnable.
12. Orders; Cancellation; Deposits. Orders may not be canceled or modified without Seller's written consent. Deposits on equipment and custom or special-order items are non-refundable once production, configuration, or procurement has begun. Quotes are valid for thirty (30) days unless otherwise stated and are subject to correction of clerical errors.
13. Dealer Orders. The invoice and purchase order together form a binding contract specific to the equipment serial number(s) listed on the invoice. Dealers must ensure their contracts with end customers reference the same serial number(s) to maintain traceability, and are solely responsible for representations made to their customers.
14. Force Majeure. Seller is not liable for any delay or failure to perform caused by events beyond its reasonable control, including supplier or carrier delays, labor disputes, accidents, fire, weather, epidemics, government action, tariffs or import/export restrictions, or utility or transportation failures. Delivery dates are estimates only.
15. Safety Data Sheets (SDS); Product Safety. Safety Data Sheets for Seller's inks and chemical products are available digitally at bucketsofink.com, or by contacting Seller's office at (480) 229-7806 to request a digital copy. Seller will provide the then-current SDS with or before the first shipment of each covered product and upon any material revision. Buyer is responsible for obtaining, reviewing, and following the current SDS and all product labels and instructions before storing, handling, using, or disposing of any product, and for providing the SDS to its employees, contractors, and (for dealers) end customers as required by applicable law, including OSHA's Hazard Communication Standard, WHMIS (Canada), and NOM-018-STPS (Mexico). Seller is not liable for any injury, damage, or loss arising from storage, handling, use, or disposal of products contrary to the SDS, labeling, or applicable law.
16. Export/Import Compliance. Buyer shall comply with all applicable U.S., Canadian, and Mexican export, import, customs, and sanctions laws, and shall not resell or divert products in violation of such laws.
17. Governing Law; Venue; CISG Exclusion. These Terms and every sale are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Exclusive venue for any dispute lies in the state or federal courts located in Maricopa County, Arizona, and Buyer consents to personal jurisdiction there. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
18. Miscellaneous. These Terms, together with the applicable quote, invoice, purchase order referencing them, and any separate written warranty, constitute the entire agreement between the parties and supersede all prior terms, understandings, and agreements. No amendment or waiver is effective unless in a writing signed by an authorized representative of Seller. Seller's failure to enforce any provision is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in full force. Buyer may not assign its rights or obligations without Seller's written consent. Electronic records, signatures, and acknowledgments (including email confirmations and e-signed documents) are valid and enforceable. Notices to Seller must be sent in writing to Seller's address shown on the invoice or by email to the address Seller designates; notices to Buyer may be sent to the address or email on file. The parties confirm their express wish that these Terms and all related documents be drawn up in English; les parties confirment leur volonté expresse que les présentes conditions et tous les documents s'y rattachant soient rédigés en anglais. ANY CLAIM BY BUYER ARISING FROM A SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR IT IS WAIVED. Provisions that by their nature should survive (including payment, security interest, indemnification, warranty disclaimers, limitations of liability, and governing law) survive delivery, payment, and any termination. These Terms are for the benefit of Seller, its successors, and assigns.
