2. Orders
Acceptance of orders
for printing, is subject to credit approval and contingencies
such as fire, water, strikes, theft, vandalism, act of God, and
other causes beyond the provider's control. Canceled orders require
compensation for incurred costs and related obligations.
3. Experimental Work
Experimental or preliminary printing work
performed at the customer's request will be charged to the customer at
the printing companies current rates.
This work may not be used without the provider's written consent.
4.
Creative Work
Sketches, copy, dummies, and all other creative work developed or
furnished by the provider are the provider's exclusive property. The
provider must give written approval for all use of this work and for
any derivation of ideas from it.
5.
Accuracy of Specifications
Quotations
for printing are based on the accuracy of the printing specifications provided.
The provider can re-quote a job at the time of submission if copy,
film, tapes, disks, or other input materials do not conform to the
information on which the original quotation was based.
6.
Preparatory Materials
Artwork, type, plates, negatives, positives, tapes, disks, and other
items supplied by the provider shall remain the provider's exclusive
property.
7.
Electronic Manuscripts/images
It is the customer's responsibility to maintain a copy of the
original printing file. The provider is not responsible for accidental damage
to printing media supplied by the customer or for the accuracy of furnished
input or final input. Until digital input can be evaluated by the
provider, no claims or promises are made about the provider's
ability to work with jobs submitted in digital format, and no
liability is assumed for problems that may arise. Any additional
translating, editing, or programming needed to utilize
customer-supplied files will be charged at prevailing rates.
8.
Alterations/Corrections
Customer alterations include all work performed in addition to the
original specifications. All such work will be charged at the
provider's current rates.
9.
Prepress Proofs
The provider will submit prepress proofs along with original copy
for the customer's review and approval. Corrections will be returned
to the provider on a “master set” marked “O.K.,” “O.K. With
Corrections” or “Revised Proof Required” and signed by the customer.
Until the master set is received, no additional work will be
performed. The provider will not be responsible for undetected
production errors if:
-
Proofs are not required by the customer
-
The work is printed per the customer's OK
-
Requests for changes are communicated verbally
10.
Press Proofs
Printing press proofs will not be furnished unless they have been
required in writing in the provider's quotation. A
press sheet can
be submitted for the customer's approval as long as the customer is
present at the press during make-ready. Any
press time lost or
alterations/corrections made because of the customer's delay or
change of mind will be charged at the provider's current rates.
11.
Color Proofing
Because of differences in
printing equipment, paper, inks, and other
conditions between color proofing and production pressroom
operations, a reasonable variation in color between color proofs and
the completed job is to be expected. When a variation of this kind
occurs, it will be considered acceptable performance.
12.
Overruns/Under runs
Overruns or under runs, will not exceed 10 percent of the
printing quantity
ordered. The provider will bill for the actual quantity delivered
within this tolerance. If the customer requires a guaranteed
quantity, the percentage of tolerance must be stated at the time of
quotation.
13.
Customer's Property
The provider will only maintain fire and extended coverage on
property belonging to the customer while the property is in the
provider's possession. The provider's liability for such property
will not exceed the amount recoverable from the insurance.
Additional insurance coverage may be obtained if it is requested in
writing and in the premium is paid to the provider.
14.
Delivery
Unless otherwise specified, the price quoted
for printing, is for a single
shipment, without storage, F.O.B. the provider's platform. Proposals
are based on continuous and uninterrupted delivery of the complete
order. If the specifications state otherwise, the provider will
charge accordingly at current rates. Charges for delivery of
materials and supplies from the customer to the provider or from the
customer's supplier to the provider are not included in quotations
unless specified. Title for finished work passes to the customer
upon delivery to the carrier at the shipping point or upon mailing
of invoices for the finished work or a portion thereof, whichever
occurs first.
15.
Production Schedules
Production schedules will be established and followed by both
the customer and the provider. There will be no liability or penalty
for delays due to a state of war, riot, civil disorder, fire,
strikes, accidents, action of government or civil authority, acts of
God, or other cases beyond the control of the provider. In such
cases, schedules will be extended by an amount of time equal to the
delay incurred.
16.
Customer-Furnished Materials
Materials furnished by customers or their suppliers are verified by
delivery tickets. The provider bears no responsibility for
discrepancies between delivery tickets and actual counts. Customer
supplied paper must be delivered according to specifications
furnished by the provider. These specifications will include correct
weight, thickness, pick resistance, and other technical
requirements. Artwork, film, color separations, special dies, tapes,
disks, or other materials furnished by the customer must be usable
by the provider without alteration or repair. Items not meeting this
requirement will be repaired by the customer or by the provider at
the provider's current rates.
17.
Outside Purchases
Unless otherwise agreed in writing, all outside purchases as
requested or authorized by the customer, are chargeable.
18.
Terms/Claims/Liens
Payment is net cash 30 calendar days from date of invoice.
Claims for defects, damages, or shortages must be made by the
customer in writing no later than 10 calendar days after delivery.
If no such claim is made, the provider and the customer will
understand that the job has been accepted. By accepting the job, the
customer acknowledges that the provider's performance has fully
satisfied all terms, conditions, and specifications.
The provider's liability will be limited to the quoted selling price
of defective goods without additional charge for special or
consequential damages. As security for payment of any sum due under
the terms of an agreement, the provider has the right to hold and
place a lien on all customer property in the provider's possession.
This right applies even if credit has been extended, notes have been
accepted, trade acceptances have been made, or payment has been
guaranteed. If payment is not made, the customer is liable for all
collection costs incurred.
19.
Liability
-
Disclaimer of Express Warranties.
The provider warrants that the work is as described in the
purchase order. the customer understands that all sketches,
copy, dummies, and preparatory work shown to the customer are
intended only to illustrate the general type and quality of the
work. They are not intended to represent the actual work
performed.
-
Disclaimer of Implied Warranties.
The Provider warrants only that the work will conform to the
description contained in the purchase order. The provider's
maximum liability, whether by negligence, contract, or
otherwise, will not exceed the return of the amount invoiced for
the work in the dispute. Under no circumstances will the
provider be liable for specific, individual, or consequential
damages.
20.
Indemnification
The customer agrees to protect the provider from economic loss
and any other harmful consequences that might arise in connection
with the work. This means the customer will hold the provider
harmless and save, indemnify, and otherwise defend the provider
against claims, demands, actions, and proceedings on any and all
grounds. This will apply regardless of responsibility for
negligence.
-
Copyrights.
The customer also warrants that the subject matter to be printed
is not copyrighted by a third party. The customer also
recognizes that because subject matter does not have to bear a
copyright notice to be protected by copyright law, absence of
such notice does not necessarily assure a right to reproduce.
The customer further warrants that no copyright notice has been
removed from any material used in preparing the subject matter
for reproduction. To support these warranties, the customer
agrees to indemnify and hold the provider harmless for all
liability, damages, and attorney fees that may be incurred in
any legal action connected with copyright infringement involving
the work produced or provided.
-
Personal or Economic Rights.
The customer also warrants that the work does not contain
anything that is libelous or scandalous or anything that
threatens anyone's right to privacy or other personal or
economic rights. The customer will, at the customer's sole
expense, promptly and thoroughly defend the provider in all
legal actions on these grounds as long as the provider: 1-Promptly notifies the customer of legal action.
2-Gives the customer reasonable time to undertake and conduct
a defense.
The provider reserves the right to use its sole discretion in
refusing to print anything the provider deems libelous, scandalous,
improper, or infringing on copyright law.
21.
Storage
The provider will retain intermediate materials used until the
related end product has been accepted by the customer. If requested
by the customer, intermediate materials will be stored for an
additional period at an additional charge. The provider is not
liable for any loss or damage to stored material beyond what is
recoverable by the provider's fire and extended insurance coverage.
22.
Taxes
All taxes and assessments levied by any governmental authority
are the responsibility of the customer. All amounts due for taxes
and assessments will be added to the customer's invoice. No tax
exemption will be granted unless the customer's “Exemption
Certificate” (or other official proof of exemption) accompanies the
purchase order. If, after the customer has paid the invoice, it is
determined that more tax is due, then the customer must promptly
remit the required taxes to the taxing authority or immediately
reimburse the provider for any additional taxes paid.
23.
Telecommunications
Unless otherwise agreed, the customer will pay for all
transmission charges. The provider is not responsible for any
errors, omissions, or extra costs resulting from faults in
transmission.
