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New
Customers:
All purchases
are C.O.D. unless there is an approved credit application on file. If you
wish to start a charge account please call 408 957-7444 and ask for a faxed
application.
Credit
Cards:
We take Visa
and MasterCard only.
Charge
Customers:
Approved charge
customers may charge up to the credit limit approved. Accounts past due
will be C.O.D. until past due invoices are brought current.
TRADE
CUSTOMS OF THE PRINTING INDUSTRY OF NORTH AMERICA
The
Printing Industry Trade Customs presented in this document reflect the
common business practices of the printing industry. However, "Trade
Customs" are not necessarily "recommended" practices. Some
printers may elect to follow them; others may not. The use of any Trade
Customs must always be an independent, individual business decision.
It is important to note
that Trade Customs having to do with rates, payment terms, and warranties
may be subject to modification.
1.
QUOTATION. A
quotation not accepted within 30 days may be changed.
2. ORDERS.
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. Cancelled orders require compensation for
incurred costs and related obligations.
3. 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.
4. 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.
5. ACCURACY
OF SPECIFICATIONS.
Quotations are based on the accuracy of the specifications provided. The
provider can re-quote a job at time of submission if copy, film, tapes,
disks, or other input materials don't conform to the information on which
the original quotation was based.
6. PREPARATORY
MATERIALS. Artwork,
type, plates, negatives, positives, tapes, disks, and all other items
supplied by the provider remain the provider's exclusive property.
7. 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 output.
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.
8. 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.
9. 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 "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:
- proofs are not required
by the customer
- the work is printed
per the customer's O.K.
- requests for changes
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
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.
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 job is to be
expected. When variations of this kind occur, 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 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.
14.
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, whichever occurs first.
15.
PRODUCTION SCHEDULES.
Production schedules will be established and followed by both the customer
and the provider. In the event that production schedules are not adhered
to by the customer, delivery dates will be 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
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 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.
17.
OUTSIDE PURCHASES. Unless
otherwise agreed in writing, all outside purchases as requested or authorized
by the customer, are chargeable.
18.
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 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. 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.
19.
LIABILITY.
- Disclaimer of Express
Warranties: 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.
20.
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
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 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
- 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.
21.
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 at 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.
22.
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.
23.
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.
Revised 1994 |