1. Quotation A quotation not accepted within 30 days may be changed. We may re-quote a job at the time of submission if the supplied computer files require work beyond our original estimate, or if the job specifications do not conform to the information upon which the original quotation was based.
2. Orders Cancelled orders require compensation for incurred costs and related obligations.
3. Electronic Manuscript or Image It is the customer’s responsibility to maintain a copy of the original file. We are not responsible for accidental damage to media supplied by the customer.
4. Prepress Proofs Our quotation includes one prepress proof for the customer’s review and approval. We are not responsible for undetected errors if (1.) the work is printed per the customer’s approval, (2.) proofs are not required by the customer, or (3.) requests for changes are communicated orally.
5. Alterations Customer alterations include all work performed in addition to the original specifications. All such work will be charged at our current rates.
6. Color Matching Because of differences between proofing techniques and actual production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery. When critical color matches are essential, extremely accurate press proofs can be provided for an additional charge.
7. Delivery Dates Our quotation is based on producing jobs within our normal production schedule. Unless stated otherwise, the scheduled delivery date will assume that customers will return proofs to us within 48 hours of receipt. It will also assume that the customer will make no major changes from the original order. If the customer delays in acting on proofs, or if extensive changes are made, the job is likely to be rescheduled for a later date. If we agree to meet a delivery date that causes us extra costs due to customer delays or changes, the customer will be charged for those costs.
8. Overruns & Underruns We warrant that we will attempt to minimize the variance between the quantity ordered and the quantity actually produced. Overruns or underruns not to exceed 10% on quantities ordered shall constitute an acceptable delivery unless otherwise specified. If customer requirements differ from our standard, the percentage tolerance must be stated at the time of quotation and reflected in the quoted price. Charges will be debited or credited pro rata to paper and production costs, but will not affect preparation charges.
9. Late Payments Upon approved credit, terms are net 30 days from the date of invoice. A late payment charge of 1-1/2% of the unpaid balance will be charged during each month or fraction thereof during which any amount remains unpaid. Customer agrees to pay all collection charges, court costs and reasonable attorney fees that are incurred by us in any action arising under this agreement. Venue for any action initiated upon this contract shall be in San Luis Obispo County, California.
10. Product Liability We warrant only that our product will conform to the description contained in our quotation. Our maximum liability, whether by negligence, contract, or otherwise, will be limited to our option of either (1.) repairing or replacing the materials as ordered; or (2.) returning the purchase price paid by the customer. Under no circumstances will we be liable for specific, individual, or consequential damages. Claims for shortages or defects must be made within 30 days of delivery of materials. No claim may be made after the materials have been used or processed by the customer.
11. Customer’s Property We shall not be liable for loss or damage to customer property in our possession.
12. Indemnification The customer agrees to protect us from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold us harmless and indemnify and otherwise defend us against copyright violations, claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
