Terms & Conditions
Quotation. 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, acts 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 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.
Creative Work. Graphics, 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 re-quote a job at time of submission if graphics, electronic files or other input materials don’t conform to the information on which the original quotation was based.
Preparatory Materials. Art work, copy, electronic media and all other items supplied by the provider remain the provider’s exclusive property.
Digital Files. A digital file is any file that is created by a computer and stored by a computer related device. Any digital file, no matter how simple, should be named according to an agreed upon standard by all parties in the workflow, and archived on a computer or some removable media if it is intended to be saved or reused. A digital asset is a digital file or form of digital media that has some commercial value, production value, “intellectual property” value or identification value. All digital assets have value, however their value may be determined by their ability or inability to be replaced. The value of a digital asset may not emerge until some time after creation and may exist because of a relationship to other values.
Digital Asset Management. Formal purchase agreements, use or rights agreements, or archive agreements should accompany any digital file. A sample of what is requested or hard copy proof of that file should also accompany the file. The agreement should note the costs for the use of the file, the period of time the file should be saved or archived, and the ownership of the file in its original and final form.
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 finished 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.
Archiving. Practices for archiving should be contracted or negotiated. Certain files may need to be archived for shorter or longer periods of time.
Versions. All files should be clearly named or clearly dated with relation to their use. All old versions or unnecessary files should be deleted or erased from any storage or transportable media intended for use by a commercial supplier. Properly sized and marked hard copies or laser proofs of those files should accompany the project. Costs incurred by the mistaken use of improperly outdated files may be the responsibility of the provider of those files.
The setting and communicating of copyright guidelines and usage guidelines for an original image or a file are the responsibility of the customer.
The copy of the original file given by a customer to a provider remains the property of the customer. All other files created or amended by the provider are the property of the provider.
The amended file created by a provider to achieve an end result or product remains the property of the provider.
Some files created on different operating platforms may be mutually incompatible. Some files created by different versions of the same software may be unusable. Large image files may take hours to transmit through commercially available access lines.
Software. Files used by clients for production work may be created and saved in the latest accepted industry version.” High end prepress computer equipment” may not be able to improve the quality of low resolution original images.
Corrupt files. A corrupted file, or a file that can’t be read or laser printed by a client may not be able to be used or accessed by a supplier.
Use of photographs or illustrations is dictated by a rights agreement or negotiated ownership agreement. Subtle changes to those images using computer-generated techniques or changes in their final format may infringe on the artist’s rights and contractual agreements.
An image or file downloaded from the web and used or repurposed for a commercial application, may infringe on the rights of the creator or originator of that image or file.
It is customary in the industry to charge for the time or materials used by a supplier to recreate an original file into a usable file for production or for a client’s use.
It is customary in the industry to charge for special digital retouching or image manipulation to photographic or illustrative images.
It is customary in the industry to charge for uploading or copying a file to transportable or transmittable media.
Transmission of some digital files through commercial e-mail or Internet service providers may be limited. Attachments to those files may also be limited in quality to text or to small image files.
Results. Different image file resolutions are needed for proper use with different media. All participants in the production workflow should be aware of file sizes as delivered and expected with regards to anticipated use.
Enlargements. A “high resolution file” remains high resolution only if it is used at close to the same size in which it was created. Some graphic files, if not compressed properly for transmission, may output only as text files. Some graphic files if compressed using the latest version of a compression program may not expand or open if that latest version is not used by the recipient of that file. Some compressions may also lose data.
Designs or illustrations created electronically can only be proofed properly by using some form of high resolution output and proof devices.
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 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.
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.
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.
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.
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.
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.
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 re-negotiation. 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.
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, scans, special dies, electronic media 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.
Outside 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 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 providers 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. 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.
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:
– 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.
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.
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.
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.
Based on “The New Graphic Communications Trade Customs and Business Practices,” GATF/PIA/NAPL, 1994.