This section covers terms and conditions of sale for quotations, orders, delivery, scheduling and other issues. The practices covered are listed in alphabetical order.
Accuracy of Specifications:
Quotations are based on the
accuracy of the specifications provided. The supplier may requote a job at time
of submission if files, uploads, copy, film, tapes, disks, or other input materials do not
conform to the information on which the original quotation was based.
Jobs that have heavy ink coverage will be subject to a 15% surcharge.
Alterations/Corrections:
Client alterations include all work
performed in addition to the original specifications. These alterations and corrections will be
billed at $15 each or $90 per hour as determined by the nature of the correction(s).
Customers may make the correction(s) themselves and resubmit the art files. New files will be subject to
additional preflighting fees. Those fees will be determined by the complexity and size of the file(s).
An estimate can be provided upon request. The minimum additional preflight fee is $30.
Client changes made after the ripping and proof output stages are subject to the same fees
above and will also incur an additional rip fee of $10 per plate.
Order Cancellations:
Upon cancelling an order, customer will be charged
for all work done and materials purchased to date.
Orders that are cancelled after files have been processed for proofing will be subject to a 25% cancellation fee.
Orders that are cancelled after proof approval are subject to a 100% cancellation fee.
Orders on Hold:
Orders that are placed on hold for longer than 10 working days will be considered cancelled and subject to our order
cancellation policy.
Color Proofing:
A color proof is used to simulate how the
printed piece will look. 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 the completed job is to
be expected. When variation of this kind occurs, it will be considered
acceptable performance and the proof becomes a contract between the client and
supplier.
PDF proofs are intended only to determine design, layout, and text accuracy. BestPrintingOnline.com, LLC is not liable for color matching or ink density of PDF proofs.
Creative Work:
No use shall be made, except by written
permission of the supplier for all use of this work and for any derivation of
ideas from it and compensation (if any) to be determined by the supplier.
Client-Furnished Materials:
Materials furnished by clients
or their representative are verified by delivery tickets. The supplier bears no
responsibility for discrepancies between delivery tickets and actual counts.
Client-supplied paper must be delivered according to specifications furnished by
the supplier. 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 client must be
usable by the supplier without alteration or repair. Items not meeting this
requirement may be repaired by the client, or by the supplier and may be
billable.
Client's Property:
The supplier will only maintain fire and
extended coverage on property belonging to the client while the property is in
the supplier's possession. The supplier'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
supplier.
Delivery:
Unless otherwise specified, the price quoted is
for a single shipment, without storage, F.O.B. supplier's platform. Proposals
are based on continuous and uninterrupted delivery of the complete order. If the
specifications state otherwise, the supplier will charge accordingly at current
rates. Charges for delivery of materials and supplies from the client to the
supplier, or from the client's representative to the supplier, are not included
in quotations unless specified. Title for finished work passes to the client
upon delivery to the carrier at shipping point, or upon mailing of invoices for
the finished work or its segments, which ever occurs first.
Electronic Manuscript or Image:
It is the client's
responsibility to maintain a copy of the original file. The supplier is not
responsible for accidental damage to media supplied by the client or for the
accuracy of furnished input or final input. Until digital input can be evaluated
by the supplier, no claims or promises are made about the supplier'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 client-supplied files may be billable.
Indemnification:
The client agrees to protect the supplier
from economic loss and any other harmful consequences that could arise in
connection with the work. This means that the client 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.
Copyrights: The client
warrants that the subject matter to be printed is not copyrighted by a third
party. The client 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 client 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
client agrees to indemnify and hold the supplier 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.
Personal or economic rights: The client 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
client will, at the client's sole expense, promptly and thoroughly defend the
supplier in all legal actions on these grounds as long as the supplier promptly
notifies the client of the legal action and gives the client reasonable time to
undertake and conduct a defense. The supplier 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.
Liability:
Disclaimer of Express Warranties: The
supplier warrants that the work is as described in the purchase order. The
client understands that all sketches, copy, dummies, and preparatory work shown
to the client are intended only to illustrate the general type and quality of
the work. They are not intended to represent the actual work
performed.
Disclaimer of Implied Warranties: The supplier warrants
only that the work will conform to the description contained in the purchase
order. The supplier's maximum liability, whether by negligence, contract, or
otherwise, will not exceed the amount specified in the contract. Under no
circumstances will the provider be liable for specific, individual, or
consequential damages.
Order:
Acceptance of order shall not be effective until
acceptance by supplier. Acceptance by supplier may be either by notification to
client or by commencing to produce work on the merchandise ordered. Canceled
orders require compensation for incurred cost and related obligations.
Outside Purchases:
Unless otherwise agreed in writing, all
outside purchases as requested or authorized by the client are chargeable.
Over-runs or Under-runs:
Over-runs or under-runs will not
exceed the percentage specified in the contract. The supplier will bill for
actual quantity delivered within this tolerance. If the client requires a
guaranteed quantity, the percentage of tolerance must be stated at the time of
quotation.
Preparatory Materials:
Artwork, type, plates, negatives,
positives, tapes, disks, and all other items supplied by the supplier remain the
supplier's exclusive property.
Prepress Proofs:
The supplier will submit prepress proofs
along with original copy for the client's review and approval or use our online
proofing methods to approve electronic proofs. Corrections will
be returned to the supplier on a "master set" marked "OK," "OK With
Corrections," or "Revised Proof Required" and signed by the client. Until the
master set is received, no additional work will be performed. Supplier will not
be responsible for undetected production errors if:
Press Proofs:
Press proofs will not be furnished unless they
have been required in writing in the supplier's quotation. A press sheet can be
submitted for the client's approval as long as the client is present at the
press during makeready. It is customary in the industry to charge for any press
time lost or alterations/corrections made because of the client's delay or
change of mind.
Production Schedules:
Production schedules will be
established and followed by both the client and the supplier. 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 supplier. In such cases, schedules will
be extended by an amount of time equal to delay incurred.
Quotation:
A quotation not accepted within 30 days may be
changed.
Storage:
The supplier will retain intermediate materials
until the related end product has been accepted by the client. If requested by
the client, intermediate materials will be stored for an additional period for
additional charge. The provider is not liable for any loss or damage to stored
material beyond what is recoverable by the supplier's fire and extended
insurance coverage.
Taxes:
It is customary in the industry to charge for all
amounts due for taxes and assessments 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.
Telecommunications:
Unless otherwise agreed, it is customary
in the industry to charge the client for all transmission charges. The supplier
is not responsible for any errors, omissions, or extra costs resulting from
faults in the transmission.
Terms/Claims/Liens:
It is customary in the industry that
payment is net cash in calendar days from date of invoice as specified. Claims
for defects, damages, or shortages must be made by the client in writing no
later than a specified number of calendar days after delivery. If no such claim
is made, the supplier and the client will understand that the job has been
accepted. By accepting the job, the client acknowledges that the supplier's
performance has fully satisfied all terms, conditions, and specifications.
It is customary in the industry that the supplier's liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damage or as specified. As security for payment of any sum due under the terms of an agreement, the supplier has the right to hold and place a lien on all client property in the supplier'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 client is liable for all collection costs incurred.
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