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PRINTING TRADE CUSTOMS
Trade Customs have been in general use in the Printing Industry
throughout the United States of America for more than 50 years.
1. Quotation A quotation not accepted within thirty (30) days
is subject to review. All prices are based on material costs at the
time of quotation.
2. Orders Orders regularly placed, verbal or written, cannot be
cancelled except upon terms that will compensate printer against loss
incurred in reliance of that order.
3. Experimental Work Experimental or preliminary work performed
at the customer's request will be charged for at current rates and may
not be used until the printer has been reimbursed in full for the
amount of the charges billed.
4. Creative Work Creative work, such as sketches, copy,
dummies, and all preparatory work developed and furnished by the
printer, shall remain his exclusive property and no use of same shall
be made, nor any ideas obtained therefrom be used, except upon
compensation to be determined by the printer, and not expressly
identified and included in the selling price.
5. Condition Of Copy Upon receipt of original copy or
manuscript, should it be evident that the condition of the copy
differs from that which had been originally described and consequently
quoted, the original quotation shall be rendered void and a new
quotation issued.
6. Preparatory Materials Working mechanical art, type,
negatives, positives, flats, plates, 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. Prepress Proofs Prepress 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 cannot be held responsible for errors under any or
all of the following conditions: if the work is printed per customer's
O.K.; if changes are communicated verbally; if customer has not
ordered proofs; if the customer has failed to return proofs with
indication of changes; or if the customer 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. Lost press time due to customer delay, or customer
changes and corrections, will be charged at current rates.
10. 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.
11. 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. Printer will bill for actual quantity
delivered within this tolerance. If customer requires guaranteed exact
quantities, the percentage tolerance 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. Customer's property of extraordinary value shall be insured
through mutual agreement.
13. Delivery Unless otherwise specified, the price quoted is
for single shipment, without storage, F.O.B. local customer's place of
business or F.O.B. printer's platform for out of town customers.
Proposals are based on continuous and uninterrupted delivery of
complete order, unless specifications distinctly state otherwise.
Charges related to delivery from customer to printer, or from
customer's supplier to printer, are not included in any quotations
unless specified. Special priority pickup or delivery service will be
provided at current rates upon customer's request. Materials delivered
from customer or his suppliers are verified with delivery ticket as to
cartons, packages or items shown only. The accuracy of quantities
indicated on such tickets cannot be verified and printer cannot accept
liability for shortage based on supplier's tickets. Title for finished
work shall pass to the customer upon delivery to carrier at shipping
point or upon mailing of invoices for finished work, whichever occurs
first.
14. 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, labor trouble, strikes, accidents,
energy failure, equipment breakdown, delays of suppliers or carriers,
action of Government or civil authority and acts of God or other
causes beyond the control of customer or printer. Where production
schedules are not adhered to by the customer, final delivery date(s)
will be subject to renegotiation.
15. Customer Furnished Materials Paper stocks, inks, camera
copy, film, digital files, color separations, and other customer furnished material
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 customers.
16. Terms Payment shall be whatever was set forth in the
quotation or invoice unless otherwise provided in writing. Claims for
defects, damages or shortages must be in writing. Claims for defects,
damages or shortages must be made by the customer in writing within a
period of fifteen (15) days after delivery of all or any part of the
order. 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.
17. Liability 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 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 acceptance 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
(including court costs and reasonable attorney fees) 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 copyrights or any proprietary right of any
person, or that it contains any matter that is libelous or obscene or
scandalous, or invades any person's right to privacy or other personal
rights, except to the extent that the printer contributed to the
matter. The customer agrees, at the customer's own expense, to
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.
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