Order
Cancellations:
Upon cancelling an
order, customer will be charged for all work done and materials
purchased to date.
Orders that are
cancelled after files have been processed for proofing will be subject
to a 25% cancellation
fee.
Orders that are
cancelled after proof approval are subject to a 100% cancellation
fee. Orders on Hold:
Orders
on Hold:
Orders that are placed
on hold for longer than 10 working days will be considered
cancelled and subject to
our order cancellation policy.
Color
Proofing:
A color proof is used to
simulate how the printed piece will look. 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 variation of this kind occurs, it will be
considered acceptable
performance and the proof becomes a contract between the client
and supplier.
PDF proofs are intended
only to determine design, layout, and text accuracy. Media
People is not
liable for color matching or ink density of PDF proofs.
Creative
Work:
No use shall be made,
except by written permission of the supplier for all use of
this work and for any
derivation of ideas from it and compensation (if any) to be
determined by the
supplier.
Client-Furnished
Materials:
Materials furnished by
clients or their representative are verified by delivery
tickets. The supplier
bears no responsibility for discrepancies between delivery
tickets and actual
counts. Client-supplied paper must be delivered according to
specifications furnished
by the supplier. These 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
client must be usable by
the supplier without alteration or repair. Items not meeting
this requirement may be
repaired by the client, or by the supplier and may be billable.
Client's
Property:
The supplier will only
maintain fire and extended coverage on property belonging
to the client while the
property is in the supplier's possession. The supplier'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 supplier.
Delivery:
Unless otherwise
specified, the price quoted is for a single shipment, without storage,
F.O.B. supplier's
platform. Proposals are based on continuous and uninterrupted
delivery of the complete
order. If the specifications state otherwise, the supplier
will charge accordingly
at current rates. Charges for delivery of materials and
supplies from the client
to the supplier, or from the client's representative to
the supplier, are not
included in quotations unless specified. Title for finished
work passes to the
client upon delivery to the carrier at shipping point, or upon
mailing of invoices for
the finished work or its segments, which ever occurs first.
Electronic
Manuscript or Image:
It is the client's
responsibility to maintain a copy of the original file. The supplier
is not responsible for
accidental damage to media supplied by the client or for
the accuracy of
furnished input or final input. Until digital input can be evaluated
by the supplier, no
claims or promises are made about the supplier'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
client-supplied files
may be billable.
Indemnification:
The client agrees to
protect the supplier from economic loss and any other harmful
consequences that could
arise in connection with the work. This means that the client
will hold the provider
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.
Copyrights:
The client warrants that
the subject matter to be printed is not copyrighted by
a third party. The
client also recognizes that because subject 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 client 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 client agrees
to indemnify and hold
the supplier 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 client 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
client will, at the client's sole expense, promptly and
thoroughly defend the
supplier in all legal actions on these grounds as long as
the supplier promptly
notifies the client of the legal action and gives the client
reasonable time to
undertake and conduct a defense. The supplier 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.
Liability:
Disclaimer
of Express Warranties:
The supplier warrants
that the work is as described in the purchase order. The client
understands that all
sketches, copy, dummies, and preparatory work shown to the
client 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 supplier
warrants only that the work will conform to the description
contained in the
purchase order. The supplier's maximum liability, whether by negligence,
contract, or otherwise,
will not exceed the amount specified in the contract. Under
no circumstances will
the provider be liable for specific, individual, or consequential
damages.
Order:
Acceptance of order
shall not be effective until acceptance by supplier. Acceptance
by supplier may be
either by notification to client or by commencing to produce
work on the merchandise
ordered. Canceled orders require compensation for incurred
cost and related
obligations.
Outside
Purchases:
Unless otherwise agreed
in writing, all outside purchases as requested or authorized
by the client are
chargeable.
Over-runs
or Under-runs:
Over-runs or under-runs
will not exceed the percentage specified in the contract.
The supplier will bill
for actual quantity delivered within this tolerance. If the
client requires a
guaranteed quantity, the percentage of tolerance must be stated
at the time of
quotation.
Preparatory
Materials:
Artwork, type, plates,
negatives, positives, tapes, disks, and all other items supplied
by the supplier remain
the supplier's exclusive property.
Prepress
Proofs:
The supplier will submit
prepress proofs along with original copy for the client's
review and approval or
use our online proofing methods to approve electronic proofs.
Corrections will be
returned to the supplier on a "master set" marked
"OK," "OK With
Corrections," or "Revised Proof Required"
and signed by the
client. Until the master set is received, no additional work will
be performed. Supplier
will not be responsible for undetected production errors
if:
- proofs are not
required by the client.
- the work is printed
per the client's Ok.
- requests for changes
are communicated orally.
Press
Proofs:
Press proofs will not be
furnished unless they have been required in writing in
the supplier's
quotation. A press sheet can be submitted for the client's approval
as long as the client is
present at the press during makeready. It is customary
in the industry to
charge for any press time lost or alterations/corrections made
because of the client's
delay or change of mind.
Production
Schedules:
Production schedules
will be established and followed by both the client and the
supplier. 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 supplier. In such cases,
schedules will be
extended by an amount of time equal to delay incurred.
Quotation:
A quotation not accepted
within 30 days may be changed.
Storage:
The supplier will retain
intermediate materials until the related end product has
been accepted by the
client. If requested by the client, intermediate materials
will be stored for an
additional period for additional charge. The provider is not
liable for any loss or
damage to stored material beyond what is recoverable by the
supplier's fire and
extended insurance coverage.
Taxes:
It is customary in the
industry to charge for all amounts due for taxes and assessments
and are the
responsibility of the client. 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 client has paid the invoice, it is
determined that more tax
is due, then the client must promptly remit the required
taxes to the taxing
authority, or immediately reimburse the supplier for any additional
taxes paid.
Telecommunications:
Unless otherwise agreed,
it is customary in the industry to charge the client for
all transmission
charges. The supplier is not responsible for any errors, omissions,
or extra costs resulting
from faults in the transmission.
Terms/Claims/Liens:
It is customary in the
industry that payment is net cash in calendar days from date
of invoice as specified.
Claims for defects, damages, or shortages must be made
by the client in writing
no later than a specified number of calendar days after
delivery. If no such
claim is made, the supplier and the client will understand
that the job has been
accepted. By accepting the job, the client acknowledges that
the supplier's
performance has fully satisfied all terms, conditions, and
specifications.
It is customary in the
industry that the supplier's liability will be limited to
the quoted selling price
of defective goods, without additional charge for special
or consequential damage
or as specified. As security for payment of any sum due
under the terms of an
agreement, the supplier has the right to hold and place a
lien on all client
property in the supplier'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 client is liable
for all collection costs
incurred.