TERMS AND CONDITIONS
A quotation not accepted within 30 days is subject to review. All prices are based on production costs at the time of quotation. If there is an increase in production costs, then such increase will be passed on to the customer.
1/3 due on signing; 1/3 due on January 31, 2015; 1/3 due 30 days from delivery.
Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. The provider may requote a job at the time of submission if the copy, files or other supplied materials do not conform to the information or condition on which the original quotation was based.
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 by insurance. Customer property of extraordinary value may be insured, if requested in writing, and if a premium is paid to provider.
Alterations represent work performed in addition to the original specifications. All such work will be charged at the provider’s current rate.
Overruns and Underruns
Overruns or underruns will not exceed 5% of the quantity ordered. The provider will bill for the actual quantity delivered within this tolerance.
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Menasha, WI. 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 any quotations unless specified. Title for finished work, shall pass to the customer upon delivery, to the carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
Production schedules will be established and adhered to by customer and provider on the condition that neither shall incur any liability or penalty for delays due to the state of war, riot, civil disorder, fire, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of Government or civil authority and acts of God or other causes beyond the control of customer or provider.
Payment terms shall be whatever is set forth on the quotation, subject to the approval of the credit department. There will be a monthly finance charge on all past due accounts. Claims for defects, damages, or shortages must be made within 15 days after delivery of all or any part of the order. The provider shall not be held liable for any costs for down time, programming time, processing time, or other consequential damages, including profits (or profits lost). The provider’s liability is limited to cost or replacement of the product and normal freight charges only.
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 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 subject matter for reproduction. To support these warranties, the customer agrees to indemnity 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: a)Promptly notifies the customer of the legal action; b)Gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his/her sole discretion in refusing to print anything he/she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.
Storage of customer’s finished goods is available if this is required. There is a monthly charge for storage, as well as filling customer’s orders from stored goods. 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 may be billable to the client's invoice 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.
This project is quoted solely on the terms contained herein. Provider rejects any other terms contained in customer’s purchase order. The agreement between the parties consists solely of the quantity and other necessary provisions on the face of the customer’s purchase order plus the terms set forth above.