1. QUOTATION. A quotation not accepted within thirty (30) days is subject to
review.
2. ORDERS. Acceptance of orders is subject to credit approval and contingencies such as fire, water damage, theft, vandalism, acts of vandalism, acts of God, and other causes beyond the control of the supplier. Orders entered through verbal or written instructions from the client cannot be cancelled without compensation to the supplier for incurred costs and related obligations.
3. EXPERIMENTAL AND PRELIMINARY WORK. Experimental and preliminary work performed at client’s request, including sketches, copy, dummies, design layouts, or electronic output samples, will be charged at the supplier’s current rates. This work cannot be used without the supplier’s written consent. It is the provider’s exclusive property.
4. CLIENT SPECIFICATIONS. Quotations are based on the accuracy of specifications provided by the client. The supplier may re-quote a job at the time of submission if copy, film, tapes, disks, or other input materials fail to conform to the specifications upon which the original quotation was based. Regardless of method of electronic transfer, client is responsible for accuracy of supplied data.
5. OWNERSHIP OF INTERMEDIATE PRODUCTS. Artwork, type, plates, film, tapes, disks, and other items provided by the supplier shall remain the exclusive property of the supplier.
6. ELECTRONIC MANUSCRIPT OR IMAGE. The customer bears responsibility for maintenance of a copy of the original file. Until digital input is evaluated by the supplier, no claims or promises are made about the supplier’s ability to execute specifications and no liability is assumed for problems that may arise. Any special translating, editing, or programming services needed to utilize customer supplied files will be charged at current rates.
7. ALTERATIONS. Customer alterations represent work performed in addition to the original specifications. Such work shall be charged at current rates and supported with documentation, upon request.
8. ACCEPTANCE OF WORK. Client agrees to pay supplier for all acceptable work, defined as products and services that meet job specifications. Any work put to use by the client is deemed to be acceptable. Supplier’s responsibility for unacceptable work is limited to replacement of that work.
9. PREPRESS PROOFS. Supplier will submit prepress proofs, as well as original copy for the client’s review and approval. Client reviewed proofs will be returned to the supplier on a master set marked “OK,” “OK with corrections,” and/or “revised proof required,” and must be signed and dated by the client. No additional work will be performed until the master set is received. Supplier is not responsible for undetected production errors if (a) prepress proofs are waived by the client, (b) work is printed per the client’s “OK,” and/or (c) requested changes are communicated orally.
10. PRESS PROOFS. Press proofs will not be furnished unless specifically noted otherwise in the bid quotation. A press sheet can be submitted for client approval if client is present at the press during makeready. Any changes, corrections, or lost press time due to customer’s change of mind or delay is billable at the supplier’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 work is to be expected and shall constitute acceptable performance.
12. FONTS. The client may provide screen and printer fonts not owned by the supplier. They may be used only on the client’s specific job provided that installing these fonts does not violate laws regulating illegal copying of software. Client must resupply supplier with these screen and printer fonts each time they are required for imaging.
13. COPYRIGHT, TRADEMARK. It is the client’s responsibility to ensure that all materials supplied for reproduction do not violate copyright or trademark restrictions. This includes, but is not limited to, installation of software in violation of licensing agreements, excerpted text, electronically-generated illustrations, photographs and transparencies supplied for scanning, and digitized artwork supplied on disk or other media. Supplier assumes no liability for client’s use or misuse of copyrighted materials.
14. OVER RUNS, UNDER RUNS. The client is encouraged to state the percentage of over runs and under runs that will be acceptable as part of specifications on each job. In the absence of such a specification, over runs and under runs of up to ten percent of the quantity ordered will be considered acceptable. The client will be billed for the quantity delivered.
15. CLIENT’S PROPERTY. Supplier will maintain only fire and extended coverage insurance on client property in the supplier’s possession. Supplier’s liability for this property will not exceed the amount recoverable from insurance. If the client wishes to have the supplier archive digitized materials, a fee must be negotiated and the supplier will take prudent steps to duplicate, store, and protect the client’s property.
16. DELIVERY. Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. the supplier. Quotations are based on continuous and uninterrupted delivery of the complete order unless specifications state otherwise. Delivery charges are at current rates. Charges for delivery of materials and supplies from client to supplier or vice versa are not included in quotations unless specified. Title for finished work passes to the client upon delivery to carrier at shipping point.
17. PRODUCTION SCHEDULES. Tentative production schedules are established by agreement of both client and supplier. However, schedules must be considered tentative pending (a) receipt and inspection of final electronic files and (b) on-time receipt by printer of client’s final proofs. Supplier bears no liability or penalty for delays due to state of war, riot, civil disorder, fire, accidents, action of government, acts of God, or other causes beyond the supplier’s control. In such cases, schedules will be extended by the amount of time equal to the delay incurred.
18. CUSTOMER-FURNISHED MATERIALS. Materials furnished by clients or
by other suppliers on their behalf are verified by delivery tickets, and the supplier bears no responsibility or liability for discrepancies between delivery tickets and actual counts. Client-supplied paper must be delivered according to specifications furnished, or agreed to in writing, by the supplier; these specifications must include weight, thickness, pick resistance. As stated above, artwork, film, color separations, dies, tapes, disks, and/or other materials furnished by the client must be usable by the supplier without alteration or repair. Items not meeting this requirement must be repaired by the client or will be repaired by the supplier at its current rates.
19. TERMS/CLAIMS/LIENS. Payment is net cash thirty calendar days from date of invoice unless stated otherwise in writing. Claims for defects, damages, or shortages must be made in writing by the client no later than ten calendar days after delivery. A job is considered as accepted by the client if no claim is made within that time period, and acceptance acknowledges that the supplier’s performance has fully satisfied all terms, conditions, and specifications. The supplier’s liability is limited to the quoted selling price of defective goods, without additional charge for special or consequential damages. As security for payment of any sum due under terms of an agreement or contract, supplier has the right to hold and place a lien on all client’s property in its 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 subsequent collection costs.
20. LIABILITY.
A. Disclaimer of Expressed Warranties. Client agrees that all sketches, copy, dummies, and preparatory work shown to the customer by the supplier are intended as illustrations of the general type and quality of work and are not intended to represent the actual work performed.
B. Disclaimer of Implied Warranties.
– The supplier warrants only that completed work will conform to the description contained in the purchase order.
– The supplier’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the sum invoiced for the work in dispute. Under no circumstances will the supplier be liable for specific, individual, or consequential damages.
21. INDEMNIFICATION. Client agrees to hold the supplier harmless and to indemnify and otherwise defend the supplier against claims, demands, actions, and proceedings on any and all grounds, including negligence. The client warrants that its vended work contains nothing that is libelous or scandalous or anything that threatens right to privacy, personal, or economic rights. The client will, at its sole expense, promptly and thoroughly defend the supplier in all legal actions on these issues as long as the supplier (a) promptly, thoroughly, and accurately notifies the client of the legal action(s) and (b) provides the customer reasonable time to undertake a defense. Supplier reserves the right to refuse to engage in the preparation and manufacture of anything it deems as illegal, libelous, scandalous, improper, or in violation of regulations.
22. TAXES. All taxes and assessments levied by any government authority are the responsibility of the client, and all amount due will be added by the supplier to the client’s invoice. No tax exemption will be considered operative by the supplier unless an “Exemption Certificate” or other official proof of exemption accompanies the purchase order. If it is determined that additional tax payments are due after the client has paid an invoice, the client is obligated to remit the difference to the taxing authority or immediately reimburse the supplier for any additional taxes it remitted on the client’s behalf.
23. TELECOMMUNICATIONS. The client is liable for all transmission charges
unless otherwise specified.
