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Quotation
A quotation not accepted within 30 days may be changed.
Orders Acceptance
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 provider's current rates. This work
cannot be used without the provider's written consent.
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
materials do not conform to the information on which the original
quotation was based.
Film
Negatives, positives, tapes, disks, and all other items will
become customer's property only upon full payment by customer.
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
file. The provider is not responsible for accidental damage to media
supplied by the customer or for the accuracy of furnished input or
promises 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 first submit layouts as xeroxes for approval.
The provider will then 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 "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 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.; 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.
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. the printer'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
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.
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. 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 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 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 and balance before shipping product. 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
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 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
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.
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 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; and
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 assessment 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 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 provider
of any additional taxes paid.
Telecommunications
Unless otherwise agreed in writing, 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.
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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