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Terms
and Conditions -
(the
following are Innovative Print Media's standard terms and conditions
for our business
operations as of June 7th, 2004. Innovative Print Media reserves
the right to modify these terms and conditions as necessary,
when, and if, changes to our operations warrant doing so).
1.
Quotations/Estimates - Unless
otherwise noted, a quotation or estimate is valid for thirty days
from the time of submission.
Any quotation or estimate accepted after that period will be subject
to review and may or may not need to be adjusted accordingly.
2.
Orders - Acceptance
of orders is subject to credit approval (if applicable) and contingencies
such as fire, water, stricks, theft,
vandalism, acts of God, and other causes beyond Innovative Print
Media's control. Unless otherwise noted, all first time orders
require a 50% deposit upon acceptance. Client has the right to cancel
any order within 24 hours, however, a cancelled order
may require compensation for incurred cost such as paper, ink, or
related production supplies and any related obligations
such as artwork preparation, color proofs, and film output or related
pre-press activities.
3.
Experimental Work - Experimental
or preliminary work performed at the customer's request will be
charged to the customer
at Innovative Print media's current rates. This work may not be
used without Innovative Print Media's written consent.
4.
Creative Work - Sketches,
copy, dummies and all other creative work developed or furnished
by Innovative Print Media
are Innovative Print Media's exclusive property. Innovative Print
Media must give written approval for all use of this work
and for any derivation of ideas from it.
5.
Accuracy of Specifications - Quotations
are based on the accuracy of the specifications provided. Innovative
Print Media
reserves the right to requote a job at the time of submission if
copy, film, tapes, disks, or other input materials or printing
specifications do not conform to the information on which the original
quotation was based.
6.
Electronic Manuscripts/Images/Files - If
digital media is provided by the customer, it is the customer's
sole responsibility
to maintain a copy of the original file(s). Innovative Print Media
is not responsible for accidental damage to media supplied
by the customer or for the accuracy of the furnished input or final
output.Until digital input can be evaluated by Innovative
Print Media, no claims or promises are made about Innovative Print
Media'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
customer-suppied files will be charged at prevailing rates.
7.
Alterations/Corrections - Customer
alterations include all work performed in addition to the original
specifications. After final
artwork approval, any additional changes requested will be concidered
extra work. All such work will be charged at Innovative
Print Media's current rates.
8.
Prepress Proofs (Hardcopy or Fax) - Innovative
Print Media will submit prepress proofs along with original copy
for the
customer's review and approval. Corrections will be returned to
Innovative Print Media on the "master set" marked as
"O.K., "O.K. with corrections, or "Revised Proof
Required" and signed by the customer. Until the master set
is received,
no additional work will be performed. Innovative Print Media will
not be responsible for undetected production errors if:
A.
Proofs are not required by the customer.
B. The work is printed per the customer's O.K.
C. Requests for changes are communicated verbally.
9.
PrePress Proofs (Email) - Innovative
Print Media will submit proofs through electronic transfer such
as email, ftp, or other
forms of internet based posting. BECAUSE OF THE LIMITATIONS OF COLOR
ACCURACY IN COMPUTER MONITORS
THIS METHOD OF PROOFING IS SUBMITTED "FOR CONTENT ONLY"
NOT COLOR REPRESENTATION. A hardcopy
proof may be required to complete the proofing process.
10.
Press Proofs - Press
proofs will not be furnished unless they have been requested by
the customer. A press sheet can be
submitted for the customer's approval as long as the customer is
present at the press during make-ready. Any press time lost or
alterations/corrections made because of the customer's delay or
change of mind will be charged at Innovative Print Media's
current rates.
11.
Color Proofing/Matchprints - 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 a variation of this kind occurs, it will
be considered acceptable performance.
12.
Overuns/Underruns - An
industry standard overrun or underun of 10% (ten percent) of the
quantity ordered is acceptable.
Innovative Print Media will bill for the actual quantity delivered
within this tolarance. If the customer requires a guaranteed
quantity, the percentage of tolerance must be stated at the time
of quotation. A "pad" quantity may be required to achieve
desired final count - this quantity will be calculated at the time
of quotation and will be charged accordingly.
13.
Customer's Property/Storage - Innovative Print media
will only maintain fire and extended coverage on property
belonging to the customer while the property is in Innovative Print
Media's possession. Innovative Print Media's liability
for such 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 Innovative Print Media prior to taking possession of
said property.
14.
Delivery - Unless otherwise specified, the price
quoted is for a single shipment, without storage, F.O.B. Innovative
Print Media's
platform. Proposals are based on continuous and uninterrupted delivery
of the complete order. If the specifications state
otherwise, Innovative Print Media will charge accordingly at current
rates. Title for finished work passes to the customer upon
delivery to the carrier at the shipping point or upon mailing of
invoices for the finished work or a portion therof, whichever
occurs first.
15.
Customer-Furnished Materials - Materials furnished
by customers or their suppliers are to be verified by delivery tickets.
Innovative Print Media bears no responsibility for discrepancies
between delivery tickets and acual counts. Customer suppied
paper must be delivered to specifications furnished by Innovative
Print Media. These specifications may include correct weight,
thickness, pick resistance, and other technical requirements. Artwork,
film, color seperations, special dies, tapes, disks, or other
materials furnished by the customer must be useable by Innovative
Print Media without alteration or repair. Items not meeting
this requirement will be repaired by the customer or by Innovative
Print Media at Innovative Print Media's current rates.
16.
Terms/Claims/Liens - Claims for defects, damages,
or shortages must be made by the customer in writing no later than
10 (ten) calander days after delivery. If no such claim is made,
Innovative Print Media and the customer will understand and
aggree that the job has been accepted. By accepting the job, the
customer acknowleges that Innovative Print Media's performance
has fully satisfied all terms, conditions, and specifications. Innovative
Print Media's liability will be limited to the quoted selling
price of defective goods without additional charge for special or
consequential damages. As security for payment of any sum
due under the terms of an aggreement, Innovative Print Media has
the right to hold and place a lien on all customer property
in Innovative Print Media's possession. This right applied even
if credit has been extended, notes have been accepted,
trade acceptances have been made, or payment has been garranteed.
If payment is not made, the customer is liable for all
collection costs incurred.
17.
Liability - (1) Disclaimer of Expressed Warranties.
Innovative Print Media warrants that the work is as described in
the
purchase order. The customer understands that all sketches, copy,
dummies, and preparatory work shown to the customer
are intended only to illustrate the general type and quality of
the work. They are not intended to repersent the actual
work preformed.
(2) Disclaimer of Implied Warranties. Innovative Print Media warrants
only that the work will conform to the description
contained in the purchase order. Innovative Print Media's maximum
liability, whether by negligence, contract, or otherwise
will not exceed the return of the amount invoiced for the work in
dispute. Under no circumstances will Innovative Print Media
be liable for specific, individual, or consequential damages.
18.
Indemification - The customer agrees to protect
Innovative Print Media from economic loss and any other harmful
consequences that might arise in connection with the work. This
means the customer will hold Innovative Print Media
harmless and save, indemify, and otherwise defend Innovative Print
Media against claims, demands, actions, and proceedings
on any and all grounds. This will apply regardless of 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 not have
to bear a copyright notice to be protected by copyright law,
absence of such notice does not neccesarily assure a right to reproduce.
The customer 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 customer agrees to indemify and hold harmless Innovative Print
Media 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 Innovative
Print Media in all legal actions on these grounds as
long as Innovative Print Media:
A.
Promptly notifies the customer of legal action.
B. Gives the customer reasonable time to undertake and conduct a
defense. Innovative Print Media reserves the right to use
its sole discretion in refusing to print anything Innovative Print
Media deems libelous, scandalous, improper, or infringing
on copyright law.
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