Accuracy
of Specifications
Quotations
are based on the accuracy of the specifications provided. The
provider can requote a job at 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.
Alterations/Corrections
Client
alterations include all work performed in addition to the original
specifications. It is customary in the industry to charge for
these services.
Color
Proofing
A color
proof is used to simulate how the printed piece will look. 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 and the
proof becomes a contract between the client and provider.
Creative
Work
No
use shall be made, except by written permission of the provider
for all use of this work and for any derivation of ideas from
it and compensation (if any) to be determined by the provider.
Client-Furnished
Materials
Artwork,
film, color separations, special dies, tapes, disks, or other
materials furnished by the client must be usable by the provider
without alteration or repair. Items not meeting this requirement
may be repaired by the client, or by the provider and may be
billable. Client-supplied paper must be delivered according
to specifications furnished by the provider. These specification
will include correct weight, thickness, and other technical
requirements.
Client's
Property
The
provider will only maintain fire and extended coverage on property
belonging to the client 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.
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 client to the provider, or from the client's
representative to the provider, are not included in quotations
unless specified. Title for finished work passes to the client
upon delivery to the carrier at shipping point, or upon mailing
of invoices for the finished work or its segments, whichever
occurs first.
Electronic
Manuscript or Images
It
is the client's responsibility to maintain a copy of the original
file. The provider is not responsible for accidental damage
to media supplied by the client 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.
Experimental
Work
It
is customary in the industry to charge for experimental or preliminary
work performed at client's request. This work cannot be used
without the provider's written consent.
Indemnification
The
client 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 client 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.
Copyrights: The
client warrants that the subject matter to be printed is not
copyrighted by a third party. The client 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 client
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 client 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 client
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 client
will, at the client's sole expense, promptly and thoroughly
defend the provider in all legal actions on these grounds as
long as the provider promptly notifies the client of the legal
action and gives the client reasonable time to undertake and
conduct a defense. The client 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.
Liability
Disclaimer
of Express Warranties: The
provider warrants that the work is as described in the purchase
order. The client understands that all sketches, copy, dummies,
and preparatory work shown to the client 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 amount specified in the contract. Under no circumstances
will the provider be liable for specific, individual, or consequential
damages.
Order
Acceptance
of order shall not be effective until acceptance by provider.
Acceptance by provider may be either by notification to client
or by commencing to produce work on the merchandise ordered.
Canceled orders require compensation for incurred cost and related
obligations.
Outside
Purchases
Unless
otherwise agreed in writing, all outside purchases as requested
or authorized by the client are chargeable.
Over-runs
or Under-runs
Over-runs
or under-runs will not exceed the percentage specified in the
contract. The provider will bill for actual quantity delivered
within this tolerance. If the client requires a guaranteed quantity,
the percentage of tolerance must be stated at the time of quotation.
Preparatory
Materials
Artwork,
type, plates, negatives, positives, tapes, disks, and all other
items supplied by the provider remain the provider's exclusive
property.
Prepress
Proofs
The
provider will submit prepress proofs along with original copy
for the client's review and approval. Corrections will be returned
to the provider on a "master set" marked "OK,"
"OK With Corrections," or "Revised Proof Required"
and signed by the client. Until the master set is received,
no additional work will be performed. Provider will not be responsible
for undetected production errors if:
- proofs are not required by the client;
- the work is printed per the client's OK;
- requests for changes are communicated orally.
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 client's approval as long as the client is
present at the press during makeready. It is customary in the
industry to charge for any press time lost or alterations/corrections
made because of the client's delay or change of mind.
Production
Schedules
Production
schedules will be established and followed by both the client
and the provider. 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.
Quotation
A quotation
not accepted within 30 days may be changed.
Storage
The
provider will retain intermediate materials until the related
end product has been accepted by the client. If requested by
the client, intermediate materials will be stored for an additional
period for 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.
Taxes
It
is customary in the industry to charge for all amounts due for
taxes and assessments and are the responsibility of the client.
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 client has paid the invoice,
it is determined that more tax is due, then the client must
promptly remit the required taxes to the taxing authority, or
immediately reimburse the provider for any additional taxes
paid.
Telecommunications
Unless
otherwise agreed, it is customary in the industry to charge
the client for all transmission charges. The provider is not
responsible for any errors, omissions, or extra costs resulting
from faults in the transmission.
Terms/Claims/Liens
It
is customary in the industry that payment is net cash in calendar
days from date of invoice as specified. Claims for defects,
damages, or shortages must be made by the client in writing
no later than a specified number of calendar days after delivery.
If no such claim is made, the provider and the client will understand
that the job has been accepted. By accepting the job, the client
acknowledges that the provider's performance has fully satisfied
all terms, conditions, and specifications.
It is
customary in the industry that the provider's liability will
be limited to the quoted selling price of defective goods, without
additional charge for special or consequential damage or as
specified. 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 client 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 client is liable
for all collection costs incurred.
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