Conditions of Sale
Sure Print & Design (SPD) Quotations and Orders:
Prices are based on prevailing rates at time of production. No contract will be binding on SPD until quotation is signed by customer and credit terms and conditions satisfactory to SPD are met. No cancellation will be accepted without reimbursement to SPD for work performed or materials ordered. Charges for materials will reflect prices prevailing at the time of production. Charges for manufacturing may be changed if order is not completed within 30 days of date of quotation. Any increase in manufacturing or material prices at time of production will be documented and added to or subtracted from the quoted price.
Production Schedules: This work will be completed in accordance with an agreed upon production schedule provided neither party shall be liable for delays or non-performance due to causes beyond either party’s control.
Preparatory Work and Materials: Sketches, copy, dummies and all preparatory work created or furnished by us shall remain our property and no use of same shall be made, except upon proper compensation. Art work, negatives, positives, plates and other items when supplied by us will be used only for your work, but shall remain our exclusive property unless otherwise agreed in writing. Standing negatives or positives will be retained on file for a period of three years after which they will be destroyed unless a special agreement is made in writing. Production printing plates will not be held after completion of this order.
Alterations: This quotation is for work as we understand your original specifications. Alterations represent work performed in addition to these specifications. Such alterations or additional work shall be charged for at our current rates and be supported with documentation upon request.
Proofs: Proofs will be submitted with original copy. Corrections, if any, are clearly to be marked on a “Master Set” and returned “OK” or “OK with corrections” and signed with the name or initial of the person duly authorized to pass on same. If revised proofs are desired, the request must be made when the proofs are returned. We regret any undetected error that may occur, but cannot be responsible for errors if the work is printed per your approval or if any changes are communicated orally.
Ink Matches: Because of differences in equipment, paper, inks, and other conditions between color proofing systems and production pressroom operations, a reasonable variation in color between the color proofing system used and the completed job shall constitute acceptable performance. Special ink matches will be supplied by us if you supply a swatch of your desired color.
Overtime: Overtime incurred because of your delay in furnishing material, holding up the progress of the work or your request for extremely short deliver time requirements are subjected to overtime rates. All quotations are based on our work being performed on a straight time basis.
Paper: The price included in this quotation is based on the best cost information w have as of this date. The Paper industry practice is to invoice with pricing as of the date of their shipment, therefore our final billing can change to reflect an increase in the cost of paper incurred subsequent tothe date in our quotation. During paper shortages, we will offer substitute papers for your approval before proceeding with manufacture.
Customer Furnished Materials and Property: Paper stock, camera copy, film, color separations and other furnished materials shall be manufactured, packaged and delivered in accordance with printing trade customs and our specifications. Any delays or impairment of production that we might incur caused by your failure to do so can cause additional cost and be so charged. Materials delivered from you or your supplier and verified without the cost of a physical count and therefore we cannot accept the liability for shortages based on supplier’s tickets. We shall be entitled to charge you for the handling and storage of any materials you supply, or of finished goods after completion. You are expected to maintain your own Insurance for your property’s replacement value.
Overruns and Underruns: Overruns or underruns not exceeding ten percent (10%) on quantities ordered up to 10,000 copies and/or the percentage agreed upon over or under quantities ordered above 10,000 copies shall constitute acceptable delivery. We will bill for the actual quantity delivered within this tolerance. If you require a guaranteed no less than delivery, our percentage tolerance of overage must be increased.
Shipping and Delivery: Unless otherwise specified, the price quoted is for a single shipment, without storage, shipped to CIF Port of (the said), and is based on carrier at the shipping point or upon mailing of our invoice for finished work whichever occurs first. We do not control common carriers and cannot be held financially responsible for delays incurred by independent transportation companies. Charges related to delivery service from you to our plant or from your supplier to our plant are not included in our quotation unless specified. Special priority pick-up or delivery service will be provided at current rates upon your request.
Terms: Payment in USD shall be made by either: a) Official Bank Check payable to SPD in the amount of 1/2 due upon approval of proofs; and 1/2 due upon receipt of advance copies in order to release shipment; or b)Bank Wire Transfer with the same timing as described in a) above. As a security for payments of any sum due or to become due under the terms of this agreement, we shall have the right to retain possession of, and shall have a security interest in, all property owned by you and in our possession.
Guarantee, Liability, Limitations, and Indemnification: We will produce this work in a good workmanlike manner and in accordance with agreed upon specifications and production schedule. In the event the work is defective due to our fault, our liability to you shall be limited to a re-print of the defective items to your satisfaction and we shall not be responsible for special or consequential damages, including but not limited to, lost profits or business. Any applicable Federal, State, County or Local taxes imposed on us on account of this transaction shall be added as an extra charge to this order. If sales tax does not apply to this order, please include your tax exemption number on your letter of credit or purchase order, otherwise sales tax will be charged. SPD may subcontract work to domestic or foreign printers without the prior consent of customer. The terms and conditions of this agreement shall accrue to the benefit of such subcontractor. Customer agrees that if SPD subcontracts any work of customer to any particular printer. Customer shall not conduct any business with the partner for five years from the date of this quotation. In the event that customer breaches this paragraph, Customer shall be liable to SPD for lost profits with respect to each transaction in an amount equal to the difference between the amount charged to customer by the subcontractor and SPD’s standard non-discounted rates for a comparable transaction, plus costs of collection including reasonable attorney’s fees. Any claims made by you must be in writing and given to us within 15 days after shipment of work. You warrant that the use of materials furnished by you will not infringe or violate any laws or regulations or any rights of others and you will indemnify and save us harmless from any and all damage, cost and expense based on any claims of such infringement or violation, including court costs and attorney’s fee.