|
|
|
|
Printing Trade Customs
 |
|
|
|
The Trade Customs of the printing industry of North
America were originally formally promulgated at the Annual
Convention of the United Typothetae of America in 1922.
They have been updated and repopulated five times since
then - most recently in 2003 by Printing Industries of
America, National Association of Printers and
Lithographers and Graphic Arts Technical Foundation and
renamed to ‘Suggested Terms & Conditions of Sale’.
|
TERMS AND
CONDITIONS OF SALE
|
|
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.
- Proofreading
~ Proofreading is the
customers responsibility
We are not responsible for typographical errors once the
proof has been approved.
Proofs must be signed, faxed or emailed. No Verbal
Proofs Accepted
- 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.
- Venue ~ In the event of suit regarding this
contract, then venue and jurisdiction therefore shall be
in either the Superior of Municipal Court, as
appropriate, of the county of Chesterfield, VA.
The parties agree and stipulate that the essential terms
of this contract are to be performed in said County.
- 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 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 OK
|
|
| Requests for changes are communicated verbally
|
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 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 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 such
property will not exceed the amount recoverable from the
insurance. Additional insurance coverage may be obtained
if it is requested in writing and in 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 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 the shipping
point or upon mailing of invoices for the finished work
or a portion thereof, whichever occurs first.
Production Schedules ~ Production schedules
will be established and followed by both the customer
and the provider. 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. In such cases, schedules will
be extended by an amount of time equal to the 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. These
specifications will include correct weight, thickness,
pick resistant, 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.
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 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.
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 transmission.
Preparatory Material: Typesetting, All
Computer Files, Artwork, type, plates,
negatives, positives, tapes, disks, Screens and other items
supplied by the provider shall remain the provider’s
exclusive property.
|
|
|
|
|
