customs have been in general use in the
printing industry throughout the United States
and Canada for more than 60 years.
A quotation not accepted within sixty (60) days is subject to
review. All prices are based on material costs at the time of
Orders regularly placed, verbal or written, cannot
be cancelled except upon terms that will compensate the printer
against loss incurred in reliance of the order.
WORK: Experimental or preliminary work performed at
the customer's request will be charged at current rates and may
not be used until the printer has been reimbursed in full for
the amount of the charges billed.
WORK: Creative work, such as sketches, copy, dummies,
and all preparatory work developed and furnished by the printer,
shall remain his exclusive property and no use of same shall be
made, nor any ideas obtained therefrom be used, except upon compensation
to be determined by the printer, and not expressly identified
and included in the selling price.
OF COPY: Upon receipt of original copy or manuscript,
should it be evident that the condition of the copy differs from
that which has been originally described and consequently quoted,
the original quotation shall be rendered void and a new quotation
MATERIALS: Working mechanical art, type, negatives,
positives, flats, plates and other items when supplied by the
printer, shall remain his exclusive property unless otherwise
agreed in writing.
Alterations represent work performed in addition to
the original specification. Such additional work shall be charged
at current rates and be supported with documentation upon request.
PROOFS: Pre-press proofs shall be submitted with original
copy. Corrections are to be made on "master set," and
returned marked "O.K." or "O.K. with Corrections"
and signed by customer. If revised proofs are desired, request
must be made when proofs are returned. Printer cannot be held
responsible for errors under either or both of the following conditions:
if the customer has failed to return proofs with indication of
changes, or if the customer has instructed printer to proceed
without submission of proofs.
PROOFS: Unless specifically provided in printer's quotation,
press proofs will be charged at current rates. An inspection sheet
of any form can be submitted for customer approval, at no charge,
provided customer is available at the press during the time of
makeready. Lost press time due to customer delay, or customer
changes and corrections, will be charged at current rates.
PROOFING: Because of differences in equipment, processing,
proofing substrates, paper, inks, pigments, and other conditions
between color proofing and production pressroom operations, a
reasonable variation in color between color proofs and the completed
job shall constitute acceptable delivery.
AND UNDER-RUNS: Over-runs or under-runs not to exceed
10% on quantities ordered, or the percentage agreed upon, shall
constitute acceptable delivery. Printer will bill for actual quantity
delivered within this tolerance. If customer requires guaranteed
exact quantities, the percentage tolerance must be doubled.
PROPERTY: The printer will maintain fire, extended
coverage, vandalism, malicious mischief and sprinkler leakage
insurance on all property belonging to the customer while such
property is in the printer's possession; printer's liability for
such property shall not exceed the amount recoverable from such
insurance. Customer's property of extraordinary value shall be
insured through mutual agreement.
Unless otherwise specified, the price quoted is for a single shipment,
without storage, F.O.B. local customer's place of business or
F.O.B. printer's platform for out-of-town customers. Proposals
are based on continuous and uninterrupted delivery of complete
order, unless specifications distinctly state otherwise. Charges
related to delivery from customer to printer, or from customer's
supplier to printer, are not included in any quotations unless
specified. Special priority pickup or delivery service will be
provided at current rates upon customer's request. Materials delivered
from customer or his suppliers are verified with delivery ticket
as to cartons, packages, or items shown only. The accuracy of
quantities indicated on such tickets cannot be verified and the
printer cannot accept liability for shortage based on supplier's
tickets. Title for finished work shall pass to the customer upon
delivery to carrier at shipping point or upon mailing of invoices
for finished work, whichever occurs first.
SCHEDULES: Production schedules will be established
and adhered to by customer and printer, provided that neither
shall incur any liability or penalty for delays due to state of
war, riot, civil disorder, fire, labor trouble, strikes, accidents,
energy failure, equipment breakdown, delays of suppliers or carriers,
action of government or civil authority and acts of God or other
causes beyond the control of customer or printer. Where production
schedules are not adhered to by the customer, final delivery date(s)
will be subject to renegotiation.
MATERIALS: Paper stock, inks, camera copy, film, color
separations, and other customer furnished material shall be manufactured,
packed, and delivered to the printer's specifications. Additional
cost due to delays or impaired production caused by specification
deficiencies shall be charged to the customer.
Payment shall be whatever was set forth in quotation
or invoice unless otherwise provided in writing. Claims for defects,
damages, or shortages must be made by the customer in writing
within a period of fifteen (15) days after delivery of all or
any part of the order. Failure to make such claim within the stated
period shall constitute irrevocable acceptance and an admission
that they fully comply with terms, conditions, and specifications.
Printer's liability shall be limited to stated selling price of
any defective goods, and shall in no event include special or
consequential damages, including profits (or profits lost). As
security for payment of any sum due or to become due under terms
of any agreement, printer shall have the right, if necessary,
to retain possession of, and shall have a lien on, all customer
property in printer's possession including work in process and
finished work. The extension of credit or the acceptance of notes,
trade acceptance, or guarantee of payment shall not affect such
security interest and lien.
The customer shall indemnify and hold harmless the
printer from any and all loss, cost, expense, and damages (including
court costs and reasonable attorney fees) on account of any and
all manner of claims, demands, actions, and proceedings that may
be instituted against the printer on grounds alleging that the
said printing violates any copyrights or any proprietary right
of any person, or that it contains any matter that is libelous
or obscene or scandalous, or invades any person's right to privacy
or other personal rights, except to the extent that the printer
contributed to the matter. The customer agrees, at the customer's
own expense, to promptly defend and continue the defense of any
such claim, demand, action, or proceeding that may be brought
against the printer, provided that the printer shall promptly
notify the customer with respect thereto, and provided further
that the printer shall give the customer such reasonable time
as the exigencies of the situation may permit in which to undertake
and continue the defense thereof.