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Terms
and Conditions
Graphic
Communications Business Practices
Printing
Industries of America, Inc. and the National Association for Printing
Leadership set up a joint committee including a representative from
Idealliance (formerly Graphic Communications Association) to review
current business practices and terms and conditions of sale. The
following terms of sale follow the guidelines established by these
organizations and adopted by thousands of printers throughout the
country. These business practices replace the former "Trade
Practices"
and "Printing Trade Customs - 1994 revision, in use
for over 50 years.
Terms
and Conditions of Sale
This
section covers terms and conditions of sale for quotations, orders,
delivery, scheduling and other issues. The practices covered are listed
in alphabetical order. If you do not wish to accept these terms of sale,
you should contact us before entering any orders.
Accuracy of Specifications:
Quotations are based on the accuracy of the specifications
provided. The supplier 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. All such work may be billable.
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 supplier.
Creative Work:
“No use shall be made, except by written permission of the
supplier for all use of this work and for any derivation of ideas from
it and compensation (if any) to be determined by the supplier.”
Client-Furnished Materials:
Materials furnished by clients or their representative are
verified by delivery tickets. The supplier bears no responsibility for
discrepancies between delivery tickets and actual counts.
Client-supplied paper must be delivered according to specifications
furnished by the supplier. These specifications will include correct
weight, thickness, pick resistance, and other technical requirements.
Artwork, film, color separations, special dies, tapes, disks, or other
materials furnished by the client must be usable by the supplier without
alteration or repair. Items not meeting this requirement may be repaired
by the client, or by the supplier and may be billable.
Client's
Property:
The supplier will only maintain fire and extended coverage on
property belonging to the client while the property is in the supplier's
possession. The supplier'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 supplier.
Delivery:
Unless otherwise specified, the price quoted is for a single
shipment, without storage, F.O.B. supplier's platform. Proposals are
based on continuous and uninterrupted delivery of the complete order. If
the specifications state otherwise, the supplier will charge accordingly
at current rates. Charges for delivery of materials and supplies from
the client to the supplier, or from the client's representative to the
supplier, 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, which ever occurs first.
Electronic Manuscript or Image:
It is the client's responsibility to maintain a copy of the
original file. The supplier 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 supplier, no
claims or promises are made about the supplier's 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 client-supplied files may be billable.
Experimental Work:
Experimental or preliminary work performed at client's request may be billable.
This
work cannot be used without the supplier's written consent.
Indemnification:
The client agrees to protect the supplier 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 supplier
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 supplier in all legal actions on these grounds
as long as the supplier 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 supplier 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 supplier warrants only that
the 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 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 supplier. Acceptance by supplier 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 supplier 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 supplier
remain the supplier's exclusive property.
Prepress Proofs: The supplier will submit prepress proofs
along with original copy for the client's review and approval.
Corrections will be returned to the supplier 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. supplier 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. |
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Press
Proofs:
Press proofs will not be furnished unless they have been
required in writing in the supplier'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. Any press time lost or
alterations/corrections made because of the client's delay or change of
mind will be charged at the supplier's current rates.
Production
Schedules:
Production schedules will be established and followed by both
the client and the supplier. 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 supplier. 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 supplier 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 supplier's fire and
extended insurance coverage.
Taxes:
All amounts due for taxes and assessments may be billable to the
client's invoice 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
supplier for any additional taxes paid.
Telecommunications:
Unless otherwise agreed, the client may pay for all transmission
charges.
The
supplier is not responsible for any errors, omissions, or extra costs
resulting from faults in the transmission.
Terms/Claims/Liens:
Payment is net cash in calendar days from date of invoice or 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 supplier and the client will
understand that the job has been accepted. By accepting the job, the
client acknowledges that the supplier's performance has fully satisfied
all terms, conditions, and specifications.
The supplier'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 supplier has the right to hold and place a lien on all client
property in the supplier'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.
Additional
terms of Sale:
Verbal
orders, changes or agreements are at the customers risk.
Turn
around time will be determined, unless otherwise agreed, at the time
the order is placed and will be described in "working days".
(Working days are the normal business days, excluding holidays and
weekends, to begin the first complete business day after receipt of
materials or order. If we are to deliver, the delivery date will be the
normal business day after the working day due date. Delays caused by
customer changes or proofing are added to "working days".)
"Rush" orders or orders placed in "Holiday Periods"
will be processed promptly. There is no guarantee of specific delivery
on such orders.
Negatives,
Plates, Artwork, Electronic files stored by us at the customer's
risk. Materials not claimed or used may be discarded after 120
days. It is expressly agreed that the customer is purchasing only
the finished printed materials described in estimates catalogs or
websites. Negatives, plates, artwork, flats, separations, proofs and
other materials used in the production of such printed materials and
supplied by the printer remain the property of the printer.
Warranties:
Printed materials found to be defective in manufacture may be
replaced. Except for such replacement, products are sold without
warranty or liability even though defect damage, or loss is caused by
negligence or fault.
The
prices contained herein are based on the costs of labor and
materials as of the date hereof and it is understood that said prices
are subject to adjustments to reflect any increase or decrease in such
costs subsequent to order date or estimate date.
Orders
entered by customer by purchase order, fax, email or by online
ordering may not be cancelled or changed by the customer as all orders
are processed immediately upon receipt.
Paper
specifications, ink formulations and pre-printed materials purchased
from outside suppliers may be changed from time to time and are outside
of our control. Such changes will not affect the terms of sale
otherwise described herein.
Catalogs,
samples, product descriptions are meant to give a general
illustration of the products we produce. We reserve the right to
change the specifications of the products represented without
notice.
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Prices,
Verses and How to Order
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