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Quotation:
A quotation not accepted within 30 days may be changed.
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Order:
Acceptance of orders is subject to credit approval and contingencies
such as fire, water, strikes, theft, vandalism, acts of God, and other
causes beyond the provider's control. Canceled orders require compensation
for incurred costs and related obligations.
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Experimental
Work:
Experimental or preliminary work performed at customer's request will
be charged to the customer at the provider's current rates. This work
cannot be used without the provider's written consent.
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Creative
Work:
Sketches, copy, dummies, and all other creative work developed or
furnished by the provider are the provider's exclusive property. The
provider must give written approval for all use of this work and for
any derivation of ideas from it.
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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.
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Preparatory
Materials:
Artwork, type, plates, negatives, positives, tapes, disks, and all
other items supplied by the provider remain the provider's exclusive
property.
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Electronic
Manuscript or Image:
It is the customer's responsibility to maintain a copy of the original
file. The provider is not responsible for accidental damage to media
supplied by the customer 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. Any additional translating, editing,
or programming needed to utilize customer-supplied files will be charged
at prevailing rates.
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Alterations/Corrections:
Customer alterations include all work performed in addition to the
original specifications. All such work will be charged at the provider's
current rates.
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Prepress
Proofs:
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 "OK," "OK 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:
- proofs are not required by the customer;
- the work is printed per the customer'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 provider's quotation. A press sheet can be submitted
for the customer's approval as long as the customer is present at
the press during makeready. 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.
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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 job is to
be expected. When variation of this kind occurs, it will be considered
acceptable performance.
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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.
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Customer's
Property:
The provider will only maintain fire and extended coverage on property
belonging to the customer 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.
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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 customer to the provider, or from the customer's supplier to the
provider, are not included in 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, which ever occurs first.
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Production
Schedules:
Production schedules will be established and followed by both the
customer 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.
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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 specifications 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.
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Outside
Purchases:
Unless otherwise agreed in writing, all outside purchases as requested
or authorized by the customer are chargeable.
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Terms/Claims/Liens:
Payment is net cash 30 calendar days from date of invoice. 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 defective goods, without additional charge 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.
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 customer is liable
for all collection costs incurred.
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Liability:
Disclaimer of Express Warranties: The provider warrants that
the work is as described in the purchase order. The customer understands
that all sketches, 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.
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.
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Indemnification:
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,
demands, actions, and proceedings on any and all grounds. This will
apply regardless of responsibility for negligence.
Copyrights: The customer 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 copyright infringement involving the work produced or provided.
Personal or economic rights: The customer 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 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 action and 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, scandalous, improper, or infringing upon copyright
law.
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Storage:
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 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.
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Taxes:
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.
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Telecommunications:
Unless otherwise agreed, the customer will pay for all transmission
charges. The provider is not responsible for any errors, omissions,
or extra costs resulting from faults in the transmission.
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All information on this page is a standard provided by the GATF
and the PIA organization.
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