TERMS AND CONDITIONS (Effective February 1, 2015)
1. ESTIMATES An estimate not accepted within 72 hours is subject to revision. All prices are based on material costs at the time of estimating.
2. ORDERS Orders regularly placed, verbal or written, cannot be cancelled except upon terms that will compensate the printer against loss incurred in reliance of the order.
3. EXPERIMENTAL WORK Experimental or preliminary work performed at the customer’s request will be charged at current rates and may not be used until the printer has been reimbursed in full for the amount of the charges billed.
4. CREATIVE WORK Creative work such as sketches, copy dummies, and all preparatory work developed and furnished by the printer, shall remain his exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by the printer and not expressly identified and included in the selling price.
5. CONDITION OF COPY Upon receipt of original copy or digital file, should it be evident that the condition of the information differs from that which had been originally described and consequently estimated, the original estimate shall be rendered void and a new estimate calculated.
6. Preparatory MATERIALS Digital files, working mechanical art, type negatives, positives, flats, plates, and other items when supplied by the printer, shall remain the exclusive property of the printer unless otherwise agreed in writing on customer invoice and charged accordingly.
7. ALTERATIONS Alterations represent work performed in addition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request.
8. PRE-PRESS PROOFS Pre-press proofs shall be submitted with original copy. Corrections are to be made on “master set” and returned marked “OK” or “OK with Corrections” and signed by customer. If revised proofs are desired; request must be made when proofs are returned. Printer cannot be held responsible for errors under either or both the following conditions: if the customer has failed to return proofs with indication of changes or if the customer has instructed printer to proceed without submission of proofs.
9. PRESS PROOFS Unless specifically provided in printer’s estimate, press proofs will be charged at current rates. An inspection sheet of any form can be submitted for customer approval at no charge provided customer is available at the press during the time of make ready. Post press time due to customer delay, or customer changes and corrections will be charged at current rates.
10. COLOR PROOFING Because of differences in equipment, processing, proofing, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
11. OVER-RUNS AND UNDER-RUNS Overruns or under-runs not to exceed 10% on quantities ordered, or the percentage agreed upon shall constitute acceptable delivery. Printer will bill for actual quantity delivered within this tolerance. If customer requires guaranteed exact quantities the percentage tolerance must be doubled and customer charged for excess production.
12. CUSTOMER’S PROPERTY The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in the printer's possession: printer’s liability for such property shall not exceed the amount recoverable from such insurance. Customer’s property of extraordinary value shall be insured through mutual agreement.
13. DELIVERY Unless otherwise specified, the price is for a single shipment, without storage. F.O.B. printer’s platform. Proposals are based on continuous and uninterrupted delivery of complete order unless specifications distinctly stated otherwise. Charges related to delivery from customer to printer, or from customer’s supplier to printer are not included in any estimate unless specified. Special priority pickup or delivery service will be provided at current rates, upon customer’s request. Materials delivered from customer to his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and the printer cannot accept liability for shortage based on supplier’s tickets. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
14. PRODUCTION SCHEDULES Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor troubles, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other causes beyond the control of customer or printer. Where production schedules are not adhered to by the customer, final delivery dates will be subject to renegotiation by mutual agreement.
15. CUSTOMER-FURNISHED MATERIALS Paper stock, inks, camera copy, film, color separations, digital files and other customer-furnished material shall be manufactured, packed, and delivered to the printer’s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. Printer not responsible for materials delivered damaged.
16. TERMS Payment shall be whatever was set forth on the invoice unless otherwise provided in writing. Claims for defects damages, or shortages must be made by the customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
17. ACCOUNT TERMS Approved account invoices are due 10days after delivery. . Past Due accounts will be subject to 1-1/2% per month late fee.
18. FEES Printer shall be entitled to all actual and reasonable costs of collection, including reasonable attorney fees, upon nonpayment by customer.
19. LIABILITY Printer’s liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any agreement, printer shall have the right, if necessary, to retain possession of, and shall have a lien on, all customer property in printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.
20. INDEMNIFICATION The customer shall indemnify and hold harmless the printer from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against the printer on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous of obscene or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that the printer contributed to the matter. The customer agrees, at the defense of any such claim, demand, action, or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.