PRINTING TRADE CUSTOMS

Quotation A printing quote not accepted within 30 days may be changed.

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. Canceled printing press orders require compensation for incurred costs and related obligations.

Experimental Work Experimental printing or preliminary work performed at customer’s request will be charged to the customer at provider’s current rates. This work cannot be used without the printing company’s written consent.

Accuracy of Specifications A printing quote is based on the accuracy of the printing specifications provided to the printing press. The printing company can re-quote a job at time of submission if materials do not conform to the information on which the original printing quote was based.

Film Negatives, positives, tapes, disks, and all other items will become customer’s property only upon full payment by customer to the printing press. Printing provider reserves the right to retain a lien on all such items in the event of nonpayment.

Electronic Manuscript or Image It is the customer’s responsibility to maintain a copy of the original printing file. The printing press is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or promises made about the printing press’ ability to work with printing jobs submitted in digital printing format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied printing files will be charged at prevailing rates by the printing company.

Alterations/Corrections Customer alterations include all work performed in addition to the original printing quote specifications. All such work will be charged at the printing press’ current rates.

Prepress Proofs The printing company will first submit layouts as Xeroxes for approval. The printing press will then submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to the printing press on a “master set” marked “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 printing press 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.; and requests for changes are communicated orally.

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 a variation of this kind occurs, it will be considered acceptable performance by companies.

Over-Runs or Under-Runs Over-runs or under-runs will not exceed 10 percent of the quantity ordered. The press 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 the quote.

Customer’s Property The press will only maintain fire and extended coverage on property belonging to the customer while the property is in the press’ possession. The press’ 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 company.

Delivery Unless otherwise specified, the quote price is for a single shipment, without storage, F.O.B. the company 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 press, or from the customer’s supplier to the press, are not included in the quote 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.

Production Schedules Production schedules will be established and followed by both the customer and the press. 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 on the press 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 press. In such cases, schedules will be extended by an amount of time equal to delay incurred.

Customer-Furnished Materials Materials furnished by customers or their suppliers are verified by delivery tickets. The press bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the provider. The 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 press without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the press’ current rates to be paid for by the customer.

Outside Purchases Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.

Terms/Claims/Liens Unless specified in writing to the contrary, payment is 50% with order to the company and balance before shipping product. Claims for defects, damages, or shortages must be made by the customer in writing to the company no later than 10 calendar days after delivery. If no such claim is made, the company and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the press’ performance has fully satisfied all terms, conditions, and specifications. The press’ liability will be limited to the quoted cost 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 press has the right to hold and place a lien on all customer property in the press’ 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 by the company.

Liability Disclaimer of Express Warranties Company 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 by the company.

Disclaimer of Implied Warranties The press warrants only that the work will conform to the description contained in the purchase order. The press’ 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 press be liable for specific, individual, or consequential damages.

Indemnification The customer agrees to protect the company 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 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 company 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 by the company.

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 press in all legal actions on these grounds as long as the press: promptly notifies the customer of the legal action; and gives the customer reasonable time to undertake and conduct a defense. The press 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.

Storage The company 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 company is not liable for any loss or damage to stored material beyond what is recoverable by the press’ fire and extended insurance coverage.

Taxes All amounts due for taxes and assessment will be added by the company 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 exception) 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 press of any additional taxes paid.

Telecommunications Unless otherwise agreed in writing, the customer will pay for all transmission charges. The press is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.

Paper Prices quoted and any schedules submitted are subject to change in either price or availability of paper. Price of finished job will be based on the cost of paper at the time of shipment of paper. Most grades of paper are available on the terms of “price prevailing at time of shipment”. Scheduled deliveries of paper are subject to change at the discretion of paper mills.

Jurisdiction The parties agree that all disputes arising under this agreement shall be governed by California law. The parties further agree that the courts of the State of California shall be the sole and exclusive jurisdiction and venue in which any dispute arising under this agreement shall be determined.

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