- Estimate: An estimate, proposal, or quotation (estimate) not accepted within thirty (30) days is subject to review. All costs, including paper and other materials, are based on the market price at the time of estimate and are guaranteed for thirty (30) days. Any fluctuation, either up or down, between the estimated cost and cost of paper and other materials at the time they can be secured, shall be reflected as a credit or additional charge on the estimate. We do not guarantee or warrant that paper and other materials specified in the estimate can be obtained, and we are hereby released and discharged from all liability for failure to perform because of inability to obtain the specified or substitute paper or material. Estimates are based on the supplier’s written understanding of the customer specifications and the accuracy of the specifications provided to the supplier by the customer. Customer warrants the accuracy and completeness of such specifications and any other information provided to supplier. The supplier has the option to re-estimate a project at the time of submission by customer if project does not conform to the information on which the original estimate was based. Subsequent orders will be subject to price revision as determined in the discretion of supplier. Estimates do not include applicable taxes, merchant credit card fees, shipping costs or deliveries and are to be paid by check unless specifically stated in the estimate. If you would like to pay with a credit card, three percent (3%) will be added to your estimate before applicable taxes are calculated. If there is a change in specifications or instructions to the original estimate and these changes result in additional costs, the customer will be responsible for any and all additional costs. The work performed will be billed at the current rates, and the completion date may be delayed.
- Orders: Orders shall be effective upon acceptance by supplier. Supplier reserves the right to decline any order. Acceptance by supplier may be either by verbal or written notification to customer or by commencing to produce work on the goods or services ordered. Acceptance of orders is subject to credit approval and other clauses enumerated under Production Schedule. Orders placed by customer, verbally or in writing, cannot be cancelled except upon terms that will compensate the supplier against losses incurred in reliance of the order. Including, without limitation, preparatory work, proofs, down press and bindery time, materials ordered or inventoried on customer’s behalf.
- Experimental Work: Experimental or preliminary work performed at the customer’s request will be charged at the current rates and may not be used until the supplier has been reimbursed in full for the amount of the charges billed.
- Creative Work: The supplier may provide creative work in the form of creative briefs, ideas, concepts, demos, sketches, dummies, storyboards, comprehensive layouts, prototypes or by other means. Creative work may be communicated verbally, visually and/or electronically. This work is the sole property of the supplier and may not be used by the customer in any form or derivation without the supplier’s written permission and customer’s payment of compensation as determined by the supplier. Customer’s rights to use such creative work shall further be limited to the original agreed-upon purpose and for any time limit specified unless otherwise agreed in writing.
- Preparatory Materials: Working mechanical art, type, negatives, positives, flats, plates, media, digital files and other preparatory materials when supplied by supplier, shall remain its exclusive property unless otherwise agreed in writing.
- Alterations: Artist’s Alternations (AA’s), or change orders, represent work performed in addition to the original specification. This includes any changes made to customer supplied materials. Such additional work shall be charged at the current rates.
- Pre-Press Proofs: Pre-press proofs shall be submitted with original copy. Corrections are to be made on “master set,” and returned marked “O.K.” or “O.K. with Corrections” and signed by customer. If revised proofs are desired, the request must be made when proofs are returned. Supplier shall not be responsible for any errors or changes that customer fails to designate on the proofs or to any work otherwise produced as per customer’s approval or if customer has instructed supplier to proceed without submission of proofs.
- Press Proofs: Unless specifically provided in supplier’s estimate, press proofs will be charged at current rates. An inspection sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of make-ready. Lost press time due to customer delay, or customer changes and corrections, will be charged at current rates.
- Color Proofing: Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
- Production Schedule: Production schedules shall be established and followed by both the customer and the supplier. There will be no supplier liability or penalty for delays due to customer delays, state of war, riot, civil disorder, fire, flood, terrorism, unavailability or shortages of materials, equipment failures, acts or defaults of the work of a subcontractor, delays in transportation, 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. Any deviation from the agreed upon production schedule by customer may result in a revised delivery date or additional charges for downtime or overtime. Customer shall be responsible for all such additional costs, which will be billed at supplier’s current rates.
- Customer Furnished Materials: Paper stock, inks, media, digital files, and other customer furnished material shall be manufactured, setup, packed, and/or delivered to the supplier’s specifications. Materials delivered from customer or his vendor is verified by delivery ticket, when provided, as to the number of cartons only. The actual quantity listed on such tickets cannot be verified and the supplier cannot accept liability for shortage based on customer’s vendor’s delivery tickets. It is the customer’s responsibility to maintain a copy of the original material submitted to the supplier. The supplier is not responsible for accidental damage to, or for the accuracy of, supplied material by the customer. Until the customer’s supplied material can be evaluated by the supplier, no claims or promises are made about the supplier’s ability to work with the material submitted, and no liability is assumed for problems that may arise. Any additional setup, cutting, handwork, translating, editing, manipulation, or programming needed to utilize customer-supplied materials or cost due to delays or impaired production caused by specification deficiencies will be charged at supplier’s current rates.
- Over-Runs and Under-Runs: Over-runs or under-runs not to exceed 10% on quantities ordered, or the percentage agreed upon, shall constitute acceptable delivery. Supplier will bill for actual quantity delivered within this tolerance.
- Customer’s Property: The supplier will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in the supplier’s possession; suppliers’ liability for such property shall not exceed the amount recoverable from such insurance. Customer’s property of extraordinary value shall be insured by customer. Customer shall bear all risk of loss to finished work upon delivery of the work by supplier or its subcontractor, as applicable, to a common or contract carrier, or to the U.S. Postal Service mail unit, Free On Board (F.O.B.) supplier’s or its subcontractor’s shipping dock. The risk of loss for property furnished and/or owned by customer and for partially-finished work before or after the manufacturing process, and while in transit to or from the supplier’s premises, shall be borne by customer.
- Delivery: Unless otherwise specified, the price estimated is for a single shipment, without storage, F.O.B. local customer’s place of business or F.O.B. supplier’s platform for out-of-town customers. Estimates are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customers to vendor, or from customer’s vendor to supplier, are not included in any estimates unless specified. Special priority pickup or delivery service will be provided at current rates upon customer’s request. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices, whichever occurs first.
- Postage: Estimates do not include postage. The supplier will notify the customer of the required postage as soon as this amount is known and will notify the customer of the date when the postage is needed in order to complete the mailing prior to the agreed upon mailing date. While the supplier will make every effort to provide the customer with an accurate estimate of required postage, customer is responsible for the full amount of the actual postage charges for mailing. Payment of postage in advance is required on all orders and is the responsibility of the customer. The supplier reserves the right to hold mailings for which sufficient postage has not been paid.
- Terms: Customer agrees to make full payment to supplier when due as set forth in the estimate or invoice. Claims for defects, damages, or shortages must be made by the customer in writing within ten (10) calendar days after delivery of all or any part of the order. If no claim is made within the specified time period, the supplier and the customer will have mutually acknowledged that the job has been irrevocably accepted by the customer and that the supplier’s performance has fully satisfied all terms, conditions and specifications of the purchase agreement. Customer hereby waives any and all claims for which it fails to give written notice within ten (10) days to supplier as required herein. Unless otherwise agreed, invoice date will be the date any of the work is first available for shipment. Customer understands and agrees that interest of 1 ½% per month will be added to all past due accounts. Customer further understands and agrees that if any account that is past due in accordance with the terms set forth in the estimate or invoice is referred to an attorney for the collection of sums due, customer will pay an additional 25% of the amount outstanding as reasonable attorney fees and all court costs, whether or not suit is filed.
- Taxes: All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer’s invoice. No tax exemption will be granted unless official proof of the customer’s exemption is on file with the supplier. If, after the customer has paid the invoice, it is determined that more tax is due, the customer must promptly remit the required taxes to the taxing authority or immediately reimburse the supplier for any additional taxes paid.
- Brokers and Other Intermediaries: Any intermediary such as a broker, ad agency or reseller who contracts with or otherwise engages supplier for work on behalf of the intermediary’s customer(s) shall be fully responsible for timely payment of invoices and for related collection costs, legal fees and interest, as provided for herein, without regard to whether the intermediary has been paid by their customer for services rendered.
- Liability: The supplier’s maximum liability for any and all claims arising out of or in connection with any order for customer, whether sounding in tort, contract, or otherwise, shall not exceed the total amount paid by customer to supplier for such order. Customer’s sole and exclusive remedy against supplier for any defect, damage, or claim shall be a prorated refund (based on the percentage of the order affected) or, at supplier’s option in its sole and absolute discretion, replacing the order or the defective part thereof. Notwithstanding the forgoing, to the extent that material submitted by customer does not conform to supplier’s specifications, contains clerical or typographical errors, or otherwise does not strictly meet production deadlines as specified, supplier shall have no liability for claims. Supplier’s clerical and typographical errors will be corrected without additional charges, provided that they are noted by customer on the proof. Under no circumstances will the supplier be liable for specific, incidental or consequential damages, including but not limited to lost profits and lost postal discounts, however proximate or foreseeable, arising out of the work, including any services. Customer agrees that the prices for the work (including any services) are consideration for limiting supplier’s liability hereunder.
- Indemnification: Customer represents and warrants that neither the execution, delivery or performance, nor consummation of the transactions contemplated by the estimate will result in actual or alleged infringement of any intellectual property or any other right of any party (including, but not limited to, trademark, trade secret, patent or copyright rights), or any actual or alleged misuse of personally identifiable information, or violation of any other laws and regulations applicable, or a violation or breach of, or default under any provision of the charter, by-laws or any material agreement to which it is a party. At all times customer’s performance will be in compliance with any and all other rights arising from or in connection with the products or services produced by the supplier at the direction of the customer. Customer agrees to indemnify and save supplier harmless from any and all losses, claims, or damages (including legal costs and reasonable attorney fees) that supplier may suffer in connection with a claim related to any actual or alleged breach of the representations and warranties described above.
- Copyrights & Trademarks: The customer warrants that it has the right to produce, copy, publish, and distribute the subject matter to be printed, duplicated or distributed. If the subject matter is copyrighted or uses any trademark, the customer warrants that it owns the copyright or trademark or has express permission of the owner to reproduce the copyrighted subject matter or to use the trademark, and that it has not removed any copyright or trademark notice from any material to be reproduced without written permission.
- Marketing Use: Customer authorizes supplier to use samples, images, or representations of projects for marketing purposes, both physical and electronic, including but not limited to, photographs, descriptive representation, production notes, customer name, and comments related to the project, as well as to create compilations, portfolios, or other derivative works of any of the foregoing.
- Cost and Expense of Legal Action: If any legal action or proceeding is brought by supplier to enforce this agreement, and if it is a substantially prevailing party, supplier shall be entitled to recover its reasonable attorneys’ fees, costs and expenses in such legal action, whether brought before a court, mediator, arbitration, or private settlement.
- Subsequent Work: To facilitate and expedite the parties’ dealings on future orders, it is agreed that these trade customs as set forth in this document shall apply to all future orders. This document may be updated from time to time, please check CandRPrinting.com for the most recent version. Any changes to these trade customs will be binding and effective immediately after posting to our website. Placing future orders shall constitute your acceptance of any such changed terms.
- Choice of Law and Venue: This agreement is made pursuant to and shall be governed by the law of the state of Virginia. The parties agree that the state courts in and for Fairfax County, Virginia shall be the exclusive venue for any legal action between them, and they consent to the jurisdiction of such courts over the parties and the subject matter of any such action.
- Waiver: No waiver by either party of any default by the other in the performance of or compliance with any provision, condition, or requirement herein shall be deemed to be a waiver of, or any manner release such other party from compliance with any provision, condition, or requirement in the future, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter. Any matter arising under this agreement that creates a right of action in either party against the other party, or the enforcement of any obligation or undertaking by one party against the other, shall survive any termination or expiration of this agreement.
This content will be updated from time to time, please always check CandRPrinting.com/trade-customs/ for the latest version.
Based on, revised and updated, Printing Industries of America, 2009, originally formally promulgated, Annual Convention, United Typothetea of America, 1922.