1.) QUOTATION: A quotation not accepted by the expiration date is subject to review. All prices are based on material costs and availability at the time of quotation.
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 customers 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 there from 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 manuscript, should it be evident that the condition of the copy differs from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued.
6.) PREPARATORY MATERIALS: Original art, digital files, plates, dies and other items when supplied by the printer, shall remain his exclusive property unless otherwise agreed in writing.
7.) ALTERATIONS: Alterations represent work performed in addition to the original specification. 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 ‘O.K.” or ‘needs corrections” and signed by the client. If revised proofs are desired, request must be made when proofs are returned. Printer cannot be held responsible for errors under either or both of the following conditions: if the customer has failed to return proofs with indication of changes, or if the client has instructed printer to proceed without submission of proofs.
9.) PRESS PROOFS: Unless specifically provided in printer’s quotation, press proofs will be charged at current rates. An inspections 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. Lost press time due to customer delay, or customer changes and corrections, will be charged at the current rates.
10.) COLOR PROOFING: Because of differences in equipment processing, proofing substrates, 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: Over-runs 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, build overs into per unit cost.
12.) DELIVERY: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. local client’s place of business or F.O.B. printers’ platform for out-of-town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to printer or from customer’s supplier to printer, are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon client’s request. Materials delivered from customer or 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 client upon delivery to carrier at shipping point or upon mailing of invoices for finished work whichever occurs first. 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.) 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 trouble, 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 date(s) will be subject to renegotiation.
14.) CUSTOMER-FURNISHED MATERIALS: Paper stock, inks, digital files, CD/DVD masters and other customer-furnished material shall be manufactured, packaged, 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.
15.) TERMS: Payment shall be whatever was set forth in quotations or invoice unless otherwise provided in writing.
16.) CLAIMS: No claim of any kind whether as to goods delivered or for non-delivery of goods shall be greater in amount than the purchase price of the goods in respect of which such damages are claimed, and failure to give written notice of claims within ten (10) business days from date of delivery of the goods shall constitute an irrevocable acceptance of the goods and a waiver by Customer, of all claims in respect of such goods. In the event such notice is given by Customer, Printer, shall be given a reasonable opportunity to investigate the matter including an opportunity to inspect the goods in question. Customer must commence any action based on breach of any of the terms or conditions of the sale within one (1) year of the date of delivery of the goods which are subject or such claim or within one (1) year of the date of the alleged breach whichever occurs first. No charges or expenses incident to any claims will be allowed unless approved by an authorized representative of Printer. Goods shall not be returned to Printer for any reason, including for credit, without Printer’s permission. No claim will be allowable after the goods have been processed in any manner. Printer shall not be liable for any loss arising from the use of such merchandise or for consequential damages.
17.) 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.
18.) INSURANCE: Customer represents that it has completed operations/products liability insurance to cover liabilities arising out of the resale or use of all products in which it might use the goods. Customer hereby waives all right of recovery which it might have against Printer, Printer agents and employees for a loss or damage for which it is insured. Customer shall obtain for each policy of insurance secured by it for products liability/negligence to obtain an appropriate clause or endorsement pursuant to which such insurance company waives subrogation or consants to a waiver of the right of Customer to recover against the Printer.
19.) 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 the grounds alleging that said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous or invades any person’s right to privacy or their personal rights, except to the extent that the printer contributed to the matter. The customer agrees, at the customer’s own expense, to promptly defend and continue the defense of any such claim, demand action, or proceeding that may be brought against the printer, 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.