Image Printing Terms and Conditions of Sale
1. ACCEPTANCE The placing of an order with and its acceptance by the company shall constitute a contract within these conditions, which shall be paramount to any proposed by the Customer except as otherwise agreed in writing by the Company.
2. PRICE (a) The prices quoted in this estimate are for prompt acceptance and undeterred execution. (b) Clerical errors and omissions are subject to correction. (c) Should the date of delivery be advanced at the Customer's request any overtime or other additional costs will be charged extra as part of the price. (d) The price quoted shall be adjustable and in the event of any increase howsoever arising in the cost to the Company of producing and supplying the work the price quoted shall be adjusted to compensate the Company in respect of such increased costs. (e) The Company shall be entitled to bring an action for the price whether or not the property in the work passed. (f) The Company shall be entitled to change the amount of any purchase of tax, value added tax or other tax levied on work supplied whether or not included on the quotation or invoice. (g) Work carried out in addition to that specified for, or contemplated by, the quotation, whether experimentally or otherwise, at the Customer's request will be added to, and will form part of, the price will be charged and paid for at the Company's then current rates. (h) Author's corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections will be added to, and will form part of, the price and will be charged and paid for at the Company's then current rates. The Company's quotations are given on the basis that terms quoted will remain open for the placing of orders for 30 days from the date of the quotation, but the Company reserves the right to revise the price or the cost quoted after the aforesaid period.
3. DELIVERY (a) Time for delivery is stated as accurately as possible, but is not guaranteed and is subject to extension to cover delay caused by events beyond our control. (b) As to quantity of print, quotation are conditional upon margins of 5 per cent for work in one color only and 10 per cent for other work being allowed for overs or shortage, the same to be charged or deducted. Should delivery of work be required sooner than the normal time requisite for its proper production every effort will be made to secure freedom from defects, but Customers must make reasonable allowance in such cases. Should delivery necessitate overtime being worked, or other additional cost being incurred, a charge will be made to cover this. Image Printing attempts to provide all products to customers within a reasonable time period and will make all efforts to accommodate any special deadline needs of customers. However, no order will be accepted by Image Printing with a “drop dead” (ie “I have to have this by such and such date or else I do not need the product”) deadline of less than 60 days from date of order placement. The customer agrees to pay for all orders regardless of the length of time that it takes to complete such order. In the production of custom made products, many factors outside our control may vary the length of time of production and Image Printing will in no way be responsible, financially or other, for such variables. Any “estimated time of completion” provided by Image Printing to any customer for any product is an estimation only.
4. TERMS: All goods and services provided by Image Printing are to be considered as custom made to order products. As is typical with custom products, payment for such goods and/or services is due and payable upon invoice date. Typically the invoice will be created immediately upon placement of order and presented to the customer when the goods/services are received by the customer. If the customer would like to take receipt of the invoice at the date of order placement, the customer is welcome to request the invoice at any time in advance of completion of the order.
As a courtesy to business customers, and although payment for invoices is due and payable upon placement of order, Image Printing will allow up to 30 days from the date of the invoice, for the invoice to processed through the customers normal accounts payable processes and procedures. In the event that payment for the invoice has not been received prior to 30 days from the date of the invoice, it will be considered delinquent. After 30 days, a late fee, based upon a percentage of the overdue balance will be applied to the balance and the customer will be asked to pay C.O.D. for all orders until the delinquency is cured. If an invoice is not paid within 60 days from invoice date, an additional late fee will be applied to the balance and the customer will be placed on a “payment due when order placed” basi s. Once an invoice has not been paid within a 90 day period from the invoice date, an additional late fee/finance charge will be applied to the invoice and the matter will be turned over to the Court System and/or Collection Agency. Credit terms are not be extenuated to individuals, although a personal guarantee may be requested for business terms. Being allowed our normal business terms is a privilege to our customers and is not a right of our customers, thus Image Printing reserves the right to not grant credit terms to any customer.
5. PROOFS of all work including photographs may be submitted for customer's approval and the printer shall incur no liability for any errors not corrected by the customer in proofs so submitted. Not withstanding any error that may appear in the printing, if those errors appear in the final approved proof, the liability shall rest with the customer who will be obliged to accept the printing and pay the account in full. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the printer's judgment, changes therefrom made by the customer shall be charged extra.
6. CANCELLATION An order cannot be canceled after work has been commenced except by mutual arrangement, and the payment of all liabilities incurred.
7. MATERIALS SUPPLIED BY THE CUSTOMER (a) The vendor may reject any paper, other materials supplied or specified by the customer which appear to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged (b) Where materials are so supplied, The vendor will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials supplied. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
8. SUBCONTRACTING The Company reserves the right to carry out any order by subcontract. Although the vast majority of products of Image Printing are produced in-house, Image Printing may decide to out source some products or services for equipment, efficiently, quality, personnel, or other reasons. This is a normal and common practice in the printing industry. When Image Printing elects to out source, this may be done with or without the customers knowledge. Image Printing makes a reasonable effort to insure that the companies which work is outsourced to is are reliable and produce a quality product and a reasonable cost. Image Printing will not be held responsible for any delay in the production of the product by out source vendors, nor will Image Printing be held responsible, beyond the cost of the product, for any issues which were generated by the vendor. If the vendors work is not reasonably acceptable, Image Printing will make every effort possible to correct the deficiency at no cost to the customer, but such action does not constitute any acceptance of responsibility of cost or expense incurred by the customer beyond the cost of the product.
9. STANDARDS OF QUALITY We make every attempt to produce good quality work. Whilst every care will be taken to reproduce originals to the size specified by the Customer, for technical reasons absolute precision cannot be guaranteed. However, all offset printed products are extremely difficult to produce and the appearance offset printed products will vary slightly from run to run due to many factors which are beyond our control. Ink shades may vary by up to one on the Pantone Matching System. Print may vary in positioning up to 3 millimeters from the top and from the left and may be up to 3 degrees in skew. Colors when viewed on computer monitors may vary slightly from the printed product depending on the calibration of the monitor. Full color products will be of the industry standard of “pleasing color”, color proofs may vary slightly from the final product if the color proof was created by a process other than which the color proof was created. Offset printed proofs are not available without significant additional charge. In the event that a customer is unhappy with in goods or services, for reasonable quality reasons, Image Printing, at it desecration, may correct or reproduce the product in such a manor as to fulfill the customers original expectations, and Image Printing may choose to do this at no charge to the customer. Typographical mistakes in a document which has already been produced will not be corrected by Image Printing without payment in full for each and every subsequent reprinting due to the fact that all customers are required to proofread all work to be printed, regardless of whether Image Printing produces the artwork/copy or whether it is produced and provided by the customer. If a customer is unable to “catch” an error after proofreading the document prior to print production, then it is unreasonable of the customer to hold the printer accountable for such errors. Any errors not corrected by the customer prior to production of the product will be the responsibility of the customer, and if the customer opts to have the item reprinted to correct such errors, the customer will pay in full for the product for the first printing or product and each subsequent printing or product. Also, if Image Printing does agree to reprint a product due to quality issues, this will be at full cost to the customer, if the customer requests that typographical or design changes be made to the document. In other words, do not nit pick our products just because you made an error in it and then try to get us to reprint it for free and then say “since you are going to reprint this anyway, can you correct this typographical issue while you are doing it (for free)”. Additionally, if Image Printing does agree to reprint any work at no charge or at a reduced charge to the customer, any of the original rejected product which is not returned to Image Printing will be paid for in full by the customer. It is our policy that if it is good enough for you to use, it is good enough for you to pay for.
10. INSOLVENCY If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay it's debts or has a winding-up petition issued against it or being a person which has an act of bankruptcy petition issued against him, The vendor without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out, (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and properties in their possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such a manner and such price as they think fit and to apply the proceeds towards such debts.
Any order placed by any customer represents consent by the customer to these terms and conditions.