The provider will submit prepress proofs along with original copy for the customer’s 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:
·The customer does not require proofs; ·the work is printed per the customer’s O.K.; · requests are communicated orally.
10. 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 customer’s account as long as the customer is present at the press during make-ready. Any press time lost or alterations / corrections made because of the customer’s delay or change of mind will be charged at the provider’s current rates.
11. COLOR PROOFING
Because of differences in equipment, paper, inks, and other conditions between color proofing and the production pressroom operations, reasonable variation on color between color 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. CUSTOMER’S PROPERTY
The provider will only maintain fire and extended coverage on property actually belonging to the customer while 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 required in writing, and if the premium is paid to the provider.
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 the current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider are not included in the 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 the customer does not adhere to production schedules, delivery dates are 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 the 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 specification furnished by the provider. 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 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 provider’s current rates.
17. OUTSIDE PURCHASES
Unless otherwise agreed in writing, all outside purchases requested or authorized by the customer, are chargeable.
Payment is ½ down, COD unless credit has been approved. 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 provider’s performance has fully satisfied all terms, conditions, and specifications. The provider’s liability will be limited to the quoted selling price of the 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 provider’s possession. The 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.
1.Disclaimer of Express Warranties: Provider warrants that the work is as described in the purchase order. The customer understands that all sketched, 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 provider’s 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 damages.
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, demand, 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 the copyright infringement involving the work produced or provided.
2.Personal or economic rights. The customer also warrants that the work does not contain libelous or scandalous, or any thing that threatens anyone’s right to privacy or other personal or economic rights. The customer will, at the customer’s 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 actions; · 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, improper or infringing upon copyright law.
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 provider’s insurance coverage.
All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. 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 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.
Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for errors, or extra costs resulting from faults in the transmission.
Trade Customs have been in general use in the Printing Industry throught the United States of America for more than 60 years. Originally formally promulgated, Annual Convention, United Typeothetae of America, 1922. Revised and updated and repromulgated, Annual Convention , Printing Industries of America, Inc., 1945 & 1974, revised by the Graphic Arts Council of North America, inc. in 1985, revised by three associations- NAPL, GATF, and PIA - in 1994.