It is important to note that Trade Customs having to do with
rates, payment
terms, and warranties may be subject to modification.
1. QUOTATION: A quotation not accepted within 30 days
may be changed.
2. ORDERS: Acceptance of orders is subject to credit
approval and contingencies such as fire, water, strikes, theft,
vandalism, acts 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 work
performed at customer's request will be charged to the customer
at the provider's current rates. This work cannot 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 are based
on the accuracy of the specifications provided. The provider
can re-quote a job at time of submission if copy, film, tapes,
disks, or other input materials don't conform to the information
on which the original quotation was based.
6. PREPARATORY MATERIAL: Art work, type, plates, negatives,
positives, tapes, disks, and all other items supplied by the
provider remain the
provider's exclusive property.
7. ELECTRONIC MANUSCRIPT OR IMAGE: It is the customer's
responsibility to maintain a copy of the original file. The
provider is not responsible for accidental damage to media
supplied by the customer or for the accuracy of finished input
or final output. Due to the varying levels of expertise encountered
with customer-supplied digital jobs, 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. For this
reason, provider may apply a "pre-flight check" charge to examine such jobs,
and 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
origin 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 O.K.;
- Request for changes are communicated orally.
10. PRESS PROOFS: 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 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 variation of this kind occurs, it will be considered acceptable
performance.
12. OVER-RUNS OR UNDER-RUNS: Over-runs or under-runs
will not exceed 10 percent of the quantity ordered. The provider
will bill for actual quantity delivered within this tolerance.
If the customer requires 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 this property will not exceed the amount recoverable
from the insurance. Additional insurance coverage may be obtained
if it is requested in writing, and if the premium is paid to
the provider.
14. DELIVERY: Unless otherwise specified, the price
quoted is for a single shipment, without storage, F.O.B. 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 shipping point; or upon mailing of invoices
for
the finished work or its segments, whichever occurs first.
15. PRODUCTION SCHEDULES: Production schedules will
be established and followed by both the customer and the provider.
In the event that production schedules are not adhered to by
the customer, delivery dates will be subject to renegotiation.
There will be no liability or penalty for delays due to state
of war, riot, civil disorder, fire, strikes, accidents, action
of government or civil authority, acts of God, or other causes
beyond the control of the provider. In such cases, schedules
will be extended by an amount of
time equal to 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 liability 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: 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 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 could arise in connection with the work. This means that
the customer will hold the provider harmless and save, indemnify,
and otherwise defend him/her against claims, demands, actions,
and proceedings on any and all grounds. This will apply regardless
of responsibility for negligence.
1. 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 in order 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.
2. 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.
- Promptly notifies the customer of the legal action
- Gives the customer reasonable time to undertake and
conduct a
defense.
The provider reserves the right to use his or her sole discretion
in refusing to print anything he or she deems illegal, libelous,
scandalous, improper or
infringing upon copyright law.
21. STORAGE: The provider will retain intermediate
materials until the related end product has been accepted by
the customer. If requested by the customer, intermediate material
will be stored for an additional period at additional charge.
The provider is not liable for any loss or damage or stored
material beyond what is recoverable by the provider's fire
and extended
insurance coverage.
22. TAXES: All amounts due for taxes and assessments
will be added to the customer's invoice and are the responsibility
of the customer. 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 to responsible for any errors, omissions, or extra costs
resulting from faults in the transmission.