TERMS AND CONDITIONS OF SALE
1. QUOTATION
A quotation not accepted within thirty (30) days may be subject to change.
Quotations are based on the accuracy of the specifications provided.
2. ORDERS
Acceptance of orders shall not be effective until accepted by Printer.
Acceptance by Printer may be either by notification to Client or by com- mencing to produce work on the merchandise ordered. Canceled orders require payment for costs incurred.
3. DIGITAL FILES
It is Clientʼs responsibility to maintain a copy of the original file. Printer is not responsible for accidental damage to media supplied by Client or for the accuracy of furnished input or final input. Until digital input can be evaluated by Printer, no claims or promises are made about Printerʼs abil- ity to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or pro- gramming needed to utilize client-supplied files may be billable.
4. AUTHORIZED ALTERATIONS ("AA")
Alterations represent work performed in addition to the original specifica- tions. Such additional work shall be charged at current rates and be supported with documentation upon request.
5. PREPRESS PROOFS
Prepress proofs shall be submitted with original copy. Corrections are to be made on "master set," returned marked "O.K. to print" or "Correct and reproof" and signed by Client. Printer cannot be held responsible for errors under either or both of the following conditions: if Client has failed to return proofs with indication of changes, or if Client has instructed Printer to proceed without submission of proofs.
6. PRESS CHECKS
Unless specifically provided in the quotation, press checks will be charged at current rates. An inspection sheet of any form can be submitted for approval, at no charge, provided Client is available at the press during the time of makeready. Lost press time due to client-delay, or client changes and corrections, will be charged at current rates.
7. 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.
8. OVERRUNS AND UNDERRUNS
Overruns or underruns shall not exceed the percentage agreed upon. Printer will bill for actual quantity delivered within this tolerance. If Client requires guaranteed exact quantities, the percentage of tolerance must be stated at the time of quotation.
9. CLIENT'S PROPERTY
Printer will maintain fire, extended coverage, vandalism, malicious mischief, and sprinkler leakage insurance on all property belonging to Client while such property is in Printerʼs possession. Printer's liability for such property shall not exceed the amount recoverable from such insurance. Clientʼs property of extraordinary value shall be insured through mutual agreement.
10. STORAGE
Printer will retain intermediate materials until the related end product has been accepted by Client. If requested by Client, intermediate materials will be stored for an extended period for an additional charge. Printer is not liable for any loss or damage to stored material beyond what is recov- erable by Printerʼs fire and extended insurance coverage.
11. DELIVERY
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. local Printerʼs place of business or F.O.B. Printerʼs platform for out-of-town customers. Proposals are based on continuous and uninterrupted delivery of the complete order, unless specifications distinctly state otherwise. Charges related to delivery from Client to Printer, or from Clientʼs supplier to Printer, are not included in any quota- tions unless specified. Special priority pickup or delivery service will be provided at current rates at Clientʼs request. Materials delivered from Client or his suppliers are verified with delivery tickets as to cartons, pack- ages, or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and Printer cannot accept liability for shortage based on delivery tickets. Title for finished work shall pass to Client upon delivery to the carrier at shipping point or upon mailing of invoices for fin- ished work, whichever occurs first.
12. PRODUCTION SCHEDULES
Production schedules shall be established and followed by both Client and Printer. In the event that production schedules are not adhered to by Client, delivery dates will be subject to renegotiation. There will be no lia- bility 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 Client or Printer.
13. CLIENT-FURNISHED MATERIALS
Paper stock, inks, plate-ready files, color separations, and other client-furnished material shall be manufactured, packed, and delivered to Printerʼs specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to Client.
14. TERMS
Payment shall be as set forth in the quotation or invoice unless otherwise provided in writing. Claims for defects, damages or shortages must be made by Client 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 stat- ed period shall constitute irrevocable acceptance and an admission that Client fully complies with these terms, conditions, and specifications of sale.
15. LIABILITY
Printerʼs 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 Client property in Printerʼs possession, including work in process and fin- ished work. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security inter- est and lien.
16. INDEMNIFICATION
Client shall indemnify and hold harmless Printer from any and all loss, cost, expense, and damages (including court costs and reasonable attor- ney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Printer on grounds alleg- ing 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 scan- dalous, or invades any personʼs right to privacy or other personal rights, except to the extent that Printer contributed to the matter. Client agrees, at Clientʼs own expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against Printer, provided that Printer shall promptly notify Client with respect thereto, and provided further that Printer shall give to Client such reasonable time to undertake and continue the defense thereof as the exi- gencies of the situation may permit.
WE HAVE ADOPTED THESE TERMS AND CONDITIONS AS OUR POLICY.