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 providers control. Cancelled
orders require compensation for incurred costs and related obligations.
3. EXPERIMENTAL WORK - Experimental or preliminary work performed
at customers request will be charged to the customer at the providers
current rates. This work cannot be used without the providers written
4. CREATIVE WORK - Sketches, copy, dummies and all other creative
work developed or furnished by the provider are the providers 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 dont
conform to the information on which the original quotation was based.
6. PREPARATORY MATERIALS - Art work, type, plates, negatives, positives,
tapes, disks, and all other items supplied by the provider remain the
providers exclusive property.
7. ELECTRONIC MANUSCRIPT OR IMAGE - It is the customers 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 furnished input or final output. Until digital input can be evaluated
by the provider, no claims or promises are made about the providers
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
8. ALTERATIONS/CORRECTIONS - Customer alterations include all work
performed in addition to the original specifications. All such work will
be charged at the providers current rates.
9. PREPRESS PROOFS - The provider will submit prepress proofs along
with original copy for the customers 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:
- roofs are not required by the customer
- the work is printed per the customers O.K.
- requests for changes are communicated orally
10. PRESS PROOFS - Press proofs will not be furnished unless
they have been required in writing in the providers quotation.
A press sheet can be submitted for the customers approval as long
as the customer is present at the press during makeready. Any press
time lost or alterations/corrections made because of the customers
delay or change of mind will be charged at the providers current
11. COLOUR PROOFING - Because of differences in equipment, paper,
inks, and other conditions between colour proofing and production pressroom
operations, a reasonable variation in colour between colour 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
a guaranteed quantity, the percentage of tolerance must be stated at
the time of quotation.
13. CUSTOMERS PROPERTY - The provider will only maintain
fire and extended coverage on property belonging to the customer while
the property is in the providers possession. The providers
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. providers 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 customers
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,
colour 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 providers 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 the 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 providers performance has fully
satisfied all terms, conditions, and specifications.
The providers 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 providers 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 - 1. 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. 2. Disclaimer of Implied Warranties: The provider
warrants only that the work will conform to the description contained
in the purchase order. The providers 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
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 anyones right to privacy or other personal
or economic rights. The customer will, at the customers 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 materials will be stored for
an additional period at additional charge. The provider is not liable
for any loss or damage to stored material beyond what is recoverable
by the providers fire and extended insurance coverage.
22. TAXES - All amounts due for taxes and assessments will be
added to the customers invoice and are the responsibility of the
customer. No tax exemption will be granted unless the customers
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 the