| 1. QUOTATION - A quotation not accepted within thirty (30) days is subject to review. 2, ORDERS - Orders regularly entered, verbal or written, cannot be canceled except upon terms that will compensate printer against loss. 3. EXPERIMENTAL WORK - Experimental work performed at customer's request such as sketches, drawings, composition, plates, press work and material will be charged for at current rates and may not be used without consent of the printer. 4. PREPARATORY WORK - Sketches, copy, dummies and all preparatory work created or furnished by the printer shall remain his exclusive property and no use of same shall be made, nor any ideas obtained there from be used, except upon compensation to be determined by the printer. 5. CONDITION OF COPY - Estimates for typesetting are based on the receipt of original copy or manuscript clearly typed, double-spaced on 8.5" x 11" uncoated stock, one side only. Condition of copy which deviates from this standard is subject to re-estimating and pricing review by printer at time of submission of copy, unless otherwise specified in estimate. 6. PREPARATORY MATERIALS - Artwork, type, plates, negatives, positives and other items when supplied by the printer shall remain his exclusive property unless otherwise agreed in writing. 7. ALTERATIONS - Alterations represent work performed in addition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request. 8. PROOFS - Proofs shall be submitted with original copy. Corrections are to be made on master set, returned marked O.K. or O.K. with corrections and signed by customer. If revised proofs are desired, request must be made when proofs are returned. Printer regrets any errors that may occur through production undetected, but cannot be held responsible for errors if the work is printed per customer's O.K. or if changes are communicated verbally. Printer shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed printer to proceed without submission of proofs. 9. PRESS PROOFS - Unless specifically provided in printer's quotation, press proofs will be charged for 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 makeready. Any changes, corrections or lost press time due to customer's change of mind or delay will be charged for at current rates. 10. COLOR PROOFING - 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 shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to customer's suppliers upon request at current rates. 11. OVER-RUNS OR UNDER-RUNS - Over-runs or under-runs not to exceed 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. Printer will bill for actual quantity delivered within this tolerance. If customer requires guaranteed no less than delivery, percentage tolerance of overage must be doubled. 12. CUSTOMER'S PROPERTY - The printer 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 printer's possession; printer's liability for such property shall not exceed the amount recoverable from such insurance. 13. COMPANY PROPERTY - Plates, films, sketches, copy, all preparatory work, dummies, samples, artwork, typography, electronic files & media, imagery, and photographs created or furnished by the printer shall remain his exclusive property and no use of same shall be made, nor any ideas obtained there from be used, except upon compensation to be determined by the printer 14. DELIVERY / SHIPPING - Unless otherwise specified, prices quoted do not include shipping or handling charges. PrintWorks will ship as instructed by the customer at the customers expense all fees and rates for such delivery or shipments requested. It is the responsibility of the customer to insure all shipments with the shipper and hold PrintWorks harmless in the event of loss during shipment. PrintWorks will only ship to destinations that are within the continental United States and to those areas serviced by the shipper of choice by the customer. 15. PRODUCTION SCHEDULES - Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority and acts of God or other causes beyond the control of customer or printer. 16. CUSTOMER-FURNISHED MATERIALS - Paper stock, camera copy, film, color separations and other customer-furnished materials shall be manufactured, packed and delivered to printer's specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. 17. TERMS - Open accounts: Payment shall be net cash thirty (30) days from date of invoice unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within a period of thirty (30) days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Printer's liability shall be limited to stated selling price of any defective goods and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any Agreement, printer shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien. 18. INDEMNIFICATION - The customer shall indemnify and hold harmless the printer from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against the printer on grounds alleging that the said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that the printer has contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof. 19. ELECTRONIC FILE SUBMISSION - Files submitted for print shall be recognized as ready for press and will be printed as supplied by the customer. It will be assumed that the copy in the file is what the customer intends to have printed as is. Any changes that may need to be made to an electronic file format must be submitted in writing at the time of file transfer and will be billed for accordingly at current rates. A hard copy of the file to be printed is also required for accurate reproduction. PrintWorks will not be responsible for the outcome of any electronic file to which accurate and complete instruction and proofcopy are not submitted in clear, clean and concise format. If the customer declines the purchase of a proof, PrintWorks shall be held harmless of all liabilities legal and monetarily and the customer assumes all responsibility legal and monetarily. |
Terms of Use
Acceptance of Contract Terms
The following are terms of a legal agreement between you and PrintWorks. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. PrintWorks makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Massachusetts. And any claims shall be filed and conducted in Leominster, Massachusetts, United States of America, or the current location and residence of PrintWorks.
Use Restrictions
The copyright in all material provided on this Site is held by PrintWorks or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PrintWorks or the copyright owner. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PRINTWORKS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PRINTWORKS OR A PRINTWORKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our Transmissions
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by PrintWorks or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to PrintWorks Online will be handled confidentially. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Term of Use Revisions
PrintWorks may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
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