1. QUOTATION A quotation not accepted within thirty (30) days is subject to review. Quotations are not binding on Printer.
2. ORDERS Orders regularly entered. verbal or written. cannot be cancelled except upon terms that will compensate Printer against loss. Printer may verbally advise Client upon receipt of materials from Client that certain items may not reproduce satisfactorily. Printer will not grant a credit for any such item if Client elects to produce it.
3. EXPERIMENTAL WORK Experimental work performed at Clients request such as sketches, drawings, composition, plates, presswork and materials wilt be charged for at current rates and may not be used, except upon written permission of the Printer and upon compensation to be determined by the Printer.
4. PREPARATORY WORK Art work, sketches, copy dummies and all preparatory work created or 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 by written permission of the Printer and upon compensation to be determined by the Printer
4. PREPARATORY WORK Estimates for typesetting are based on the receipt of original copy or manuscript clearly typed, double- spaced on 81/2 x 11 uncoated stock, one side only. Condition of copy which deviates from this standard is subject to re-estimating and pricing review by printer at time of submission of copy unless otherwise specified in estimate.
6. PREPARATORY MATERIALS Art work, type, plates, negatives, positives, engravings and other items when supplied by the printer shall remain his exclusive property unless otherwise agreed in writing.
7. ALTERATIONS 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.
8. PROOFS Proofs shall be submitted with original copy. Corrections are to be made on master set, returned marked O.K. with corrections and must be signed by Client. If revised proofs ace desired, request must be made when proofs are returned. Printer shall not be responsible for errors if (i) work is printed per Clients O.K., (ii) Clients changes are communicated verbally, or (iii) Client 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 or proofs.
9. PRESS PROOFS Unless specifically provided in printers . quotation, press proofs will be charged for at current rates. An inspection sheet of any fort can be submitted for customer approval, at no charge, provided customer is available at the press during the time of makeready. Any changes, corrections or lost press time due to customers change of mind or delay will be charged for at current rates.
10. COLOR PROOFlNG 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 shall constitute, acceptable delivery. Special inks and proofing stocks will be forwarded to customer's suppliers upon request at current rates.
11. OVERRUNS AND UNDERRUNS Overruns or underruns not to exceed 10% on quantities ordered up to 10,000 copies and or the percentage agreed upon over or under quantities above 10,000 copies shall constitute acceptable delivery. If customer requires guaranteed "no less than" delivery, percentage tolerance of overage must be doubled.
12. CUSTOMER'S 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 possesion; Printer's liability for such property shall not exceed an amount recoverable from such insurance.
13. DELIVERY Unless otherwise specified, the price quoted is for a single shipment, without storage F.O.B. Printer's platform. Proposals are based on continuous and uninterrupted delivery of complete order unless specifications distinctly state otherwise. Charges related to delivery from Client to Printer; or from Client's supplier to Printer are not included in any quotations unless specified. Special priority pickup or delivery service from Client or its suppliers are vented with delivery request. Materials delivered from Client or its suppliers are verified with delivery ticket as to cartons, package 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 Client upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Studio143Vr does not guarantee delivery dates of any sort. Delivery dates indicated by Studio143V are to be construed as Studio143Vr's intention and are not binding on Studio143Vr. No penalties or cancellations for late delivery may be assessed against Studio143Vr.
14. PRODUCTION SCHEDULES Production schedules will vary according to press schedules and load. Due to situations beyond our control that may arise in production, Studio143Vr makes no guarrantees, expressed or otherwise for production time. Turnaround times listed on each product page are typical but in no way binding on Studio143Vr. Studio143Vr shall not incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government, or civil authority and acts of God or any other causes beyond the control of Studio143Vr.
15. CUSTOMER FURNISHED MATERIALS Paper stock, camera copy, film, color separations and other customer furnished materials shall be manufactured, packed, and delivered to Printer's specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
16. TERMS Unless prior credit arrangements have been made, all orders are prepaid via credit card, money order or check. If credit has been established, payment shall be net cash ten (10) days from date of invoice unless otherwise provided in writing.
17. CLAIMS Claims for defects, damages or shortages must be made by the Client in writing within five (5) days, after delivery. 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. Printers 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 from Client, Printer shall have the right, if necessary to retain possession of and shall have a lien on all client property and/or all materials' supplied or provided by Client that are in Printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such interest and lien.
18. INDEMNIFICATION 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 shall promptly notify the customer with respect thereto, and provided further that the Printer shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
19. ARBITRATION Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by binding arbitration in accordance with the Rules of the American Arbitration Association in Miami, Florida, conducted by the Miami Florida Office of the American Arbitration Association, Judgement upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof. This agreement takes precedence over any language to the contrary on the Client's purchase order All costs of arbitration including the Studio143Vr's reasonable legal fees (the pre-determined rate of $150.00 per hour is agreed by the parties to be reasonable), and including fees charged by the American Arbitration Association, will be paid by client. In addition interest will accrue on the award at the maximum legal rate from the date the request for arbitration was filed and the date payment was made. Client will be liable for this interest.
20. GOVERNING LAW This agreement will be governed by and construed according to the laws of the State of Florida.
21. QUALITY LEVEL Printer's prices are based on a 95% quality level. A claim will be accepted by Printer only for that amount of defective work that exceeds 5% and/or $500 of the price of the job in question, whichever is greater. Printer will accept a claim for an error occurring throughout an entire press run only if Client can demonstrate through physical inspection by Printer that such an error occurred in at least l0% of the press run. The form of claim accepted by Printer will be at Printer's discretion.
22. PAYMENT Studio143VR may invoice paper printing costs, separations, typesetting and mailing costs separately. Studio143Vr may bill for work done to date at the end of each month. Studio143Vr may require part or all of the payment to be made in advance of shipment. Payment in its entirety must be made upon delivery unless otherwise provided in writing. Client agrees not to withhold or delay payment in anticipation of a claim, or to file a claim without prior written agreement of Printer
23. CANCELLATION OF ORDER Studio143Vr may invoice for materials ordered, including paper; or for any work performed, on orders that are subsequently canceled before going to print. The minimum charge for cancellation is $100 plus any applicable stocking charges. As the bulk of our printing is custom and individualized per client, there are absolutely no refunds after cards have gone to print.
24. MATERIAL SHORTAGE Studio143Vr may renegotiate credit terms in the event of a significant change in availability of materials.
25. PRICE CHANGES Prices quoted are based on details furnished to Printer's Estimating Department in the absence or final sketches or layouts. Prices are subject to revision if, upon exam nation of final camera-ready art, photos, etc. in Printer's opinion, the material deviates from original specification. Any such price revision will be confirmed BEFORE THE ORDER IS PROCESSED. Prices quoted are based on straight time work. Overtime work caused by customer's failure to meet deadline, delay in turning in copy proofs, or other material necessary to complete the work within the time specified shall be charged for at current overtime rates, over and above the price quoted herein.
26. STORAGE All materials must be shipped or picked up from Printer within 30 days unless agreed to in writing beforehand and signed by an officer of Printer. This does not pertain to monthly mailing accounts.
27. CREDIT LIMIT Printer can refuse to ship once Client exceeds the credit limit determined by Printer. The credit limit is defined as the total of outstanding receivables plus the sales value of work on which production has commenced. Printer may change the credit limit guaranteed to Client without prior notice to Client and without Client's approval, any such change will supersede previously established credit lines.
28. ENTIRE AGREEMENT This agreement shall constitute the entire understanding of the parties: there are no representations, warranties, covenants. or undertakings other than those expressly set forth herein. This Instrument replaces any prior negotiations or agreements of the parties. A modification or waiver of any of the provision of this Agreement shall be effective only if made in writing and executed with the same formality as the Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver at any subsequent default of the same or similar nature. Captions of paragraphs are not a part of this Agreement.
29. VENUE Any and all suits arising out of this contract shall be instituted and maintained in the courts of Pinellas County, Florida.
These Terms and Conditions are the Printing Trade Customs which have been in general use in the Printing Industry throughout the United States of America for more than 50 years.
