Terms of ServicePlease read them carefully. This Terms of Service is a binding contract regarding your use of Printing By Design when doing business with our company.
Printing By Design, Inc. Terms of Service
A commercial printing quotation not accepted within 30 days may be changed.
Acceptance of commercial printing order is subject to credit approval and contingencies, such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the printing company’s control. Canceled orders require compensation for incurred costs and related obligations to the printer.
3. Experimental Work
Experimental or preliminary work performed at customer’s request by the printer will be charged to the customer at printing company’s current rates. This work cannot be used without the written consent of the printing press.
4. Accuracy of Specifications
Printing quotes are based on the accuracy of the printing specifications provided. The press can re quote a job at time of submission if materials do not conform to the information on which the original printing quote was based.
Negatives, positives, tapes, disks, and all other items will become customer’s property only upon full payment by customer to the press. The printer reserves the right to retain a lien on all such items in the event of nonpayment.
6. Electronic Manuscript or Image
It is the customer’s responsibility to maintain a copy of the original file. The printer is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or promises made about the printing press’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 by the company.
Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the printer’s current rates.
8. Pre Press Proofs
The printer will first submit layouts as Xeroxes or PDF’S for approval. The printing press will then submit, if part of the printing quote, pre press proofs along with original copy for the customer’s review and approval. Corrections will be returned to the company 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 company 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.
9. Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations at printing presses, 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.
10. Over-Runs or Under-Runs
Over-runs or under-runs will not exceed 10 percent of the quantity ordered. The printer 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 the printing quote.
11. Customer’s Property
The press will only maintain fire and extended coverage on property belonging to the customer while the property is in the printing press’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.
Unless otherwise specified, the price quoted by the printing company is without storage, F.O.B. the company platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the company will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the company, or from the customer’s supplier to the company 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.
13. Production Schedules
Production schedules will be established and followed by both the customer and the company. 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.
14. Customer-Furnished Materials
Materials furnished by customers or their suppliers are verified by delivery tickets. The company bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the company. 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 press without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the press at the company’s current rates to be paid for by the customer.
15. Outside Purchases
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable by company.
Unless specified in writing to the contrary, payment to company 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 press and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the press’s performance has fully satisfied all terms, conditions, and specifications. The press’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 press has the right to hold and place a lien on all customer property in the possession of the company. 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.
17. Liability Disclaimer Of Express Warranties
The printing company 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.
18. Disclaimer Of Implied Warranties
The company warrants only that the work will conform to the description contained in the purchase order. The maximum liability of the printer, 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 press be liable for specific, individual, or consequential damages.
The customer agrees to protect the company from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the press 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.
The customer also warrants to the company 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 press 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.
21. Personal Or Economic Rights
The customer also warrants to the printing company 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 company in all legal actions on these grounds as long as the company: promptly notifies the customer of the legal action; and gives the customer reasonable time to undertake and conduct a defense. The company 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.
The press 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 printing press is not liable for any loss or damage to stored material beyond what is recoverable by the company’s fire and extended insurance coverage.
All amounts due for taxes and assessment will be added to the customer’s invoice by the printing company 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 press of any additional taxes paid.
Unless otherwise agreed in writing, the customer will pay for all transmission charges. The printing press is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
Prices quoted by printing company 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.
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. Arbitration may be used at the sole discretion of the company.
27. Interchangeability Of Reference To Company
Any references herein with regard to company, whether as press, etc. are interchangeable.