Printing Terms/Conditions
1. QUOTATIONS, ESTIMATES AND TAXES
A quotation is subject to review if it is not accepted within 7 days, or is returned without a deposit, or work does not commence within 30 days after acceptance, or work does not proceed with continuous production. IPS has the right to invoice for working process if production is interrupted by customer for more than 7 working days. The prices quoted are based on current production and label costs price adjustments may be made at time the an order is placed if material and/or labor costs have increased, or if preferential scheduling is required by the customer to meet customer-desired delivery dates. All estimates based on visuals, rough dummies, sketches, copies, etc., whether accompanied by verbal or written specification, shall be considered only tentative. Estimates are subject to revision upon inspection of the finished artwork or manuscript. Customer will be notified of price changes, if any, before the job is put into final production. Local state and federal taxes and duties are not included in any price and will be added to all applicable invoices.
2. CREDIT AND TERMS
All estimates and quotations are contingent upon credit approval by . For orders under $1,000 and credit card orders payment is due in advance. For all other orders: All customers must deposit: 50% at time of placing order with the balance being due the day the proof is approved: all work approved for "term" invoicing by shall require 50% deposit and the balance shall be due when the job is picked up or delivered (unless otherwise provided in writing) and are delinquent thereafter. No creative writing designs or other artwork of any kind shall be released from the copyright of for printing of other use until or unless a minimum of 75% payment has been submitted to . Additionally, 50% of estimated printing costs will be required prior to acting as printing agent for customer. Any credit card charges will appear on your bill from the ICON Group of Bakersfield, CA.
3. CANCELLATION
Orders regularly entered, verbal or written, cannot be cancelled except upon terms that will compensate for time, labor materials through the date of cancellation.
4. EXPERIMENTAL WORK
Experimental work performed at customers request, including but not limited to creative writing, sketches, drawings, composition, plated, presswork, photography, mock-up, and press proofs, will be charged for at current rated and may not be used without consent of .
5. PREPARATORY WORK
Creative writing, sketches, copy, dummies and all preparatory work shall remain the exclusive property of and no use of same shall be made, nor any ideas obtained there from being used , except upon compensation to be determined by .
6. PREPARATORY MATERIAL
Title to design, type, artwork, film, computer design and/or computer diskettes, plates, dies, tools, mock-ups, creative writing and other property created or furnished by with respect to the production of goods shall remain with until such time as customer has remitted total balance due for such specific work to .
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. SPECIFICATION DEFICIENCIES
Additional costs due to specification deficiencies by customer shall be charged to customer at current rates.
9. CUSTOMER RESPONSIBILITY
It is the responsibility of the customer to proofread their proofs. When copy, proofreading, layout, design, composition, selection of paper stock, color of inks, color of foils, etc., are not specified by customer and are left to the discretion of ICON, no further responsibility on the part of ICON will be incurred except the use of reasonable care and good judgment. Any customer alterations from the above will be charged for at current rates.
10. PROOFS
We repeat: It is the responsibility of the customer to proofread their proofs. Proofs shall be submitted for customer approval upon specific request by customer and shall be charged for at current rates. Corrections are to be made and signed by the customer. If revised proofs are desired, request must be made when proofs are returned to . Errors may occur through production, but cannot be held responsible for errors if the work is printed or otherwise produced pursuant to customer's approval. Any changes, corrections or lost press or production time due to customer's non-availability, change of mind, indecision or delay will be charged at current rates. Any job requiring re-proofing or re-ripping will be subject to a re-proof fee of $10 or a re-rip fee of $35 per rip or more.
11. COLOR PROOFING
Because of the difference in equipment, photography, separations, computer technology, computer printing, computer color proofs, paper and other substrates, inks and other conditions small differences between color proofs and completed job shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to customer upon request and charged at current rates.
12. PRINTING OVER RUNS / UNDER RUNS
As it is practically impossible to produce exact quantities, it is agreed that the delivery of more or less that the ordered quantities, it is agreed that the delivery of more or less than the ordered quantities shall be acceptable and invoiced as follows: Up to and including 10,000, 10%; from 10,001 to 25,000, 5%; from 25,001 to 100,000, 3%; and more than 100,000, 2%. shall bill for actual quantity delivered within its tolerance. If customer requires guaranteed "no less than" delivery, percentage of tolerance of average must be doubled.
13. PRODUCTION SCHEDULES
Production schedules will be established and adhered to by customer and provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, acts of government or civil authority, and acts of God or other causes beyond the control of customer or .
14. OVERTIME WORK
Overtime work caused by customer's failure to meet deadlines, delay in returning approved copy, proofs or other materials necessary to complete the work within the time specified shall be charged at current overtime rates, over and above the price quoted herein. When agreed deadline is missed due to customer, no new delivery date is to be assumed without specific rescheduling with .
15. DELIVERY
The price quoted is for multiple shipments of identical product, without storage, and drop-shipped to customer. Proposals are based on continuous and uninterrupted delivery of complete order unless specifications distinctly state otherwise. 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. Shipping prices listed are for the continental United States only.
16. CUSTOMER FURNISHED MATERIALS
Creative writing, camera copy, film, diskettes, prints, display items, products color separations, paper stock, illustrations, composition, mock-ups, and other customer-furnished materials shall be handled with frugality and to prevent damage or undue spoilage. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartoons, packages or items only. The accuracy of quantities indicated on such tickets cannot be verified and cannot accept responsibility for shortage based on supplier's tickets. All shortages and material defects will be reported immediately to customer for his disposition with supplier or freight handler. Wherever possible, will assist customer regarding shortages, damages, and materials defects; however, the customer must bear full responsibility when dealing with his supplier. accepts no responsibility for accuracy, suitability or usability of customer-furnished materials.
17. STORAGE
While will provide temporary storage service free of charge for creative writing, layouts, film and/or other materials necessary to complete a job for customer, as long as space permits, can accept no liability for the safekeeping of the materials nor the liability for replacing any materials lost or damaged while in storage. Unless specifically provided for in writing, the prices in this proposal do not include a charge for storage of finished, sample, or exhibit goods, nor for the storage of paper or other materials customer may furnish. Charges at current rates will be made for all such property stored at customer's request. shall not be liable for any loss or damage thereto, occasioned by any cause including without limitation fire, water, leakage, theft, negligence, insects, rodents, or breakage.
18. DELIVERY
All contracts are made contingent upon wars, strikes, fires, floods, accidents, or other emergencies beyond the control of . Every effort will be made to effect delivery at the desired time however, delivery dates are not guaranteed.
19. CLAIMS
All claims of any kind must be made in writing immediately upon receipt of goods and, in cases of shortages or errors in shipment, must be accompanied by a receiving report showing the number of pieces received and the weight and contents of each piece. Failure to make such claim immediately shall constitute irrevocable acceptance and admission that they fully comply with the terms, conditions and specifications.
20. SUBCONTRACTORS
Subcontractors may subcontract any or all of its obligations but shall remain liable to the customer therefore.
21. REPRINTS AND SAMPLES
ICON has the privilege of displaying samples of the work for advertising purposes and the right to imprint their name on the sample copies unless expressly prohibited by customers.
22. LIMITATIONS ON LIABILITY
Liability shall be limited to stated selling price of any goods and in no event shall include special or consequential damages, including profits (or profits lost) or claims of any third party with respect to the work.
23. RIGHT OF REFUSAL
The customer agrees that may refuse at any time to reproduce any copy, photographs, or illustrations of any kind that in her sole judgment she believes is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste.
24. INDEMNIFICATION
The customer shall indemnify and hold harmless and all or all subcontractors 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 on grounds alleging that the said work violates any copyright or propriety 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 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.
25. ALTERATIONS OF CONDITIONS OF AGREEMENT
No alterations of the conditions of this agreement may be considered at any point as having taken place unless specifically stated in writing and signed by both a representative and the customer.
