Trade Customs of the Printing Industry of North America

A quotation not accepted within 30 days may be changed.

Acceptance  of orders is subject to credit approval and contingencies such as fire,  water, strikes, theft, vandalism, acts of God, and other causes beyond  the provider’s control. Canceled orders require compensation for  incurred costs and related obligations.

Experimental  or preliminary work performed at customer’s request will be charged to  the customer at the provider’s current rates. This work cannot be used  without the provider’s written consent.

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.

Quotations  are based on the accuracy of the specifications provided. The provider  can re-quote a job at the time of submission if copy, film, tapes,  disks, or other input materials don’t conform to the information on  which the original quotation was based.

Artwork,  type, plates, negatives, positives, tapes, disks, and all other items  supplied by the provider remain the provider’s exclusive property.

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  output. 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.

Customer  alterations include all work performed in addition to the original  specifications. All such work will be charged at the provider’s current  rates.

The  provider will submit prepress proofs along with the 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 correction’s, 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 O.K.;
• requests for changes are communicated orally.
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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.

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 completed job is to be  expected. When variation of this kind occurs, it will be considered  acceptable performance.

Over-runs  or under-runs will not exceed 10% 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.

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 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 is for a single shipment, without  storage, F.O.B. 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 shipping point; or upon  mailing of invoices for the finished work or its segments, whichever  occurs first.

Production  schedules will be established and followed by both the customer and the  provider. 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.

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 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 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.

Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.

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 liability 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.

1. Disclaimer of  Express Warranties: 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.
2. 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 dispute. Under no circumstances will the provider be liable for  specific, individual, or consequential damages.

The  customer agrees to protect the provider from economic loss and any  other harmful consequences that could arise in connection with the work.  This means that the customer 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.

1. 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 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 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.
2. 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 the legal action;
   • gives  the customer reasonable time to undertake and conduct a defense. The  provider 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.
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The  provider 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 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.

All  amounts due for taxes and assessments will be added to the customer’s  invoice and are the responsibility of the customer. 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.

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 the transmission.