A quotation not
accepted within thirty days (30) is subject to review.
In the case of an order cancellation,
if the printer has already commenced working on the order, he shall be
entitled to full reimbursement for any costs already incurred, including
penalties or restocking charges that seller's suppliers may charge him.
This reimbursement shall be taken from the advanced deposit and the balance
refunded to the customer.
Experimental work performed at
customer's request, such as sketches, drawings, composition, screens,
presswork and materials, will be charged for at current rates and may not be
used without consent of the printer.
Artwork, type, screens, negatives,
positives, and other items when supplied by the printer shall remain his
exclusive property unless otherwise agreed in writing.
CONDITION OF CUSTOMER SUPPLIES ARTWORK
Estimates for printing are based on
customer supplying same size or larger black and white artwork that is
"camera ready" and requiring no touch-up or cleanup.
Additional time needed to make artwork camera ready shall be billed at current
screens, negatives, positives 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 specifications. Such additional work shall
be charged at current rates and be supported with documentation upon request.
Proofs shall be submitted with
original copy. Corrections are to be made on "master set",
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 regrets any errors that may occur
through production, undetected, but cannot be held responsible for errors if
the work is printed per the customer's O.K. or if changes are communicated
verbally. Printer shall not be responsible for errors if the customer
has not ordered or has refused to accept proofs or has failed to return proofs
with indication of changes or has instructed printer to proceed without
submission of proofs.
specifically provided in printers' quotation, press proofs will be charged for
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 make ready. Any changes, corrections or lost press
time due to customer's changes of mind or delay will be charged for at current
differences in equipment, garments, inks 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
OVERRUNS OR UNDER RUNS
Overruns or under runs not to exceed
10% on quantities ordered and/or the percentage agreed upon over or under
quantities ordered shall constitute acceptable delivery. Printer will
bill for actual quantities delivered within this tolerance. If customer
requires guaranteed "no less than" delivery, percentage tolerance of
overage must be doubled.
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 for such insurance.
Unless otherwise specified, the price
quoted is for the 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 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.
Production schedules will be established
and adhered to by customer and printer, provided that neither shall incur any
liability or penalty or delays due to state of war, riot, civil disorder,
fire, strikes accidents, action of Government or civil authority and acts of
God or other causes beyond the control of customer or printer.
Garments, stock, camera copy, film,
color separations and other customer furnished materials shall be
manufactured, packaged and specification deficiencies shall be delivered to
printer's specifications. Additional cost due to delays or impaired
production caused by specification deficiencies shall be charged to the
An advanced deposit of 50% of the
total order price is required on all custom orders. Printer will not
commence work until this amount has been paid. Unless otherwise
arranged, buyer shall pay the balance due on the order at the time of
Printer shall disclaim any and all
express or implied warranties of merchandisability or warranty of fitness for
a particular purpose. Although the printer uses quality materials, due
to the wide variation in laundering conditions and detergents, printer does
not guarantee against fading or shrinkage of garments during laundering.
Due to the practice of batch
processing knitted goods when they are dyed, printer cannot guarantee
consistency of color on garments from dye lot to dye lot or from one order to
Printer reserves the right to
substitute materials of equal or better quality with notification, unless
advance notification is previously agreed to in writing.
Buyer shall have the right to purchase
reject material at reduced cost to be determined by printer. If buyer
declines to purchase rejects, printer has the right to sell them as seconds or
irregulars in any manner he sees fit. If buyer provided the goods to
print he shall be entitled to all rejects. Reject rates on buyer's goods
shall be within accepted industry standards. Printer shall not be
obligated to purchase rejects from buyer unless a specific reject rate ceiling
is agreed to in writing.
Unless otherwise noted, all items
shall be "bulk" packaged. Individual folding, tagging, bagging,
etc. shall be charged at current rate.
The customer shall indemnify and hold
harmless the printer from any and all loss, cost, expense, and damages 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 copyright or any proprietary right of any person, or
that it contains any matter that is libelous or scandalous, or invades any
person's right to privacy or other personal rights except to the extent that
the printer has contributed to the matter. The customer agrees to, at
the customer's own expense, 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 to the customer such
reasonable time as the urgency of the situation may permit in which to
undertake and continue the defense thereof.