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TERMS & CONDITIONS
All sales transactions are final. Prices are based on our present costs
of labor and materials. Submission of your order is acceptance and
shall constitute a contract between us. All printing is custom work.
A ±10% over/under print runs shall constitute acceptance unless otherwise
indicated. Pricing may not include Freight, Express delivery, or
Courier charges, plus any applicable Sales Tax. All applicable
laws apply Los Angeles County, State of California. I purchaser,
name that appears on Credit Card provided, or Check signature,
sent, personally guarantee any and all payments associated with this
purchase.
QUOTATIONS/ESTIMATES
A quotation 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, act of God, and other
causes beyond the provider's control. Canceled orders require
compensation for incurred costs and related obligations.
EXPERIMENTAL WORK
Experimental or preliminary work performed at the customer's request
will be charged to the customer at the provider's current rates. This
work may not be used without the provider's written consent.
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.
ACCURACY OF SPECIFICATIONS
Quotations are based on the accuracy of the specifications provided.
The provider can requote a job at the 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.
PREPARATORY MATERIALS
Artwork, type, plates, negatives, positives, tapes, disks, and other
items supplied by the provider shall remain the provider's exclusive
property.
ELECTRONIC MANUSCRIPTS/IMAGES
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.
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.
PREPRESS PROOFS
The provider will submit prepress proofs, e-mal (PDF), hard proofs,
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 OK
- Requests for changes are communicated verbally
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.
OVERRUNS/UNDERRUNS
Overruns or underruns will not exceed 10 percent of the quantity
ordered. The provider will bill for the 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.
CUSTOMER'S PROPERTY
The provider will not maintain insurance coverage on property
belonging to the customer while the property is in the provider's
possession. Customer supplied disks may be returned upon customer
request. Customer shall make back up copies of files, should provider
files become lost or misplaced.
DELIVERY
F.O.B. the provider's platform. Title for finished work passes to the
customer upon delivery to the carrier at the shipping point or upon
mailing, and payment of invoices for the finished work or a portion
thereof, whichever occurs first. All UPS, Federal Express, or Private
Trucking company shipping charges, are the sole responsibility of the
customer, personally guaranteed, regardless of Federal Trucking, and
Shipping trade laws.
PRODUCTION SCHEDULES
There will be no liability or penalty for delays due to a state of
war, riot, civil disorder, fire, strikes, accidents, action of
government or civil authority, acts of God, or other cases beyond the
control of the provider.
PURCHASES
Unless otherwise agreed in writing, all outside purchases as requested
or authorized by the customer, are chargeable.
TERMS/CLAIMS/LIENS
Payment is net cash with submission of order. Claims for defects,
damages, must be made by the customer in writing no later than 3
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.
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 the dispute. Under no
circumstances will the provider be liable for specific, individual,
or consequential damages.
INDEMNIFICATION
The customer agrees to protect the provider from economic loss and any
other harmful consequences that might arise in connection with the work.
This means the customer will hold the provider harmless and save,
indemnify, and otherwise defend the provider 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 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 legal action.
- Gives the customer reasonable time to undertake and conduct a defense.
The provider reserves the right to use its sole discretion in refusing
to print anything the provider deems libelous, scandalous, improper,
or infringing on copyright law.
STORAGE
The provider will retain intermediate materials used 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 an 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.
TAXES
All taxes and assessments levied by any governmental authority are
the responsibility of the customer. All amounts due for taxes and
assessments will be added to the customer's invoice. 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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