The Industry Trade Customs reflect the common business practices of the printing and graphic communications industry.
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. Canceled 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
Art work, 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:
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 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 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
1. 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.
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.
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.
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 copyright infringement involving the work produced or
provided.
2. 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:
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.