Trade Customs have been in general use in the printing industry throughout the United States and Canada for more than 60 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. Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider’s control. Canceled orders require compensation for incurred costs and related obligations.

3. EXPERIMENTAL WORK. Experimental or preliminary work performed at the customer’s request will be charged 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. Sketches, copy, dummies and all other creative work developed or furnished by the provider are the providers exclusive property. The provider 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. The provider can re -quote a job at time of submission if copy, film, tapes, disks, or other input materials don’t conform to the information on which the original quotation was based.

6. PREPARATORY MATERIALS. Art work, type, plates, negatives, positives, tapes, disks, and all other items supplied by the provider remain the provider’s exclusive property.

7. ELECTRONIC MANUSCRIPT OR IMAGE. It is the customer’s responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or finaI output. Until digital input can be evaluated by the provider, no claims or promises are made about the provider’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-supplied files will be charged at prevailing rates.

8. 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.

9. PREPRESS PROOFS. The provider will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to the provider on a “master set” marked “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. The provider will not be responsible for undetected production errors if:
• Proofs are not required by the customer;
• The work is printed per the customer’s O.K.;
• Requests for changes are communicated orally.

10. PRESS PROOFS. Press proofs will not be furnished unless they have been required in writing in the provider’s quotation. 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 the provider’s current rates.

11. 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 is to be expected. When variation of this kind occurs, it will be considered acceptable performance.

12. 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 tolerate must be doubled.

13. CUSTOMERS PROPERTY. The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’s liability for this 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 the provider.

14. DELIVERY. Unless otherwise specified, the price quoted is for a single shipment, without storage, FOB. 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 the 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.

15. PRODUCTION SCHEDULES. Production schedules will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to re-negotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an
amount of time equal to delay incurred.

16. CUSTOMER-FURNISHED MATERIALS. Customer-supplied paper must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film color separations, special dies, tapes, disk, or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider’s current rates.

17. TERMS/CLAIMS/LIENS. With approved credit payment is due 30 calendar days from date of invoice. Claims for defects, damages or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider’s performance has fully satisfied all terms, conditions, and specifications. The provider’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider’s possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.

18. 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). Printer does not warrant (either expressly or by implication) the suitability of any goods or materials for any use to which they may be put.

19. INDEMNIFICATION. The customer shall indemnify and hold harmless the printer from any and all loss, cost, expenses, 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 claims, 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 the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.

20. STORAGE. The provider will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider’s fire and extended insurance coverage.

21. ARBITRATION. All claims, demands, disputes, differences, controversies or misunderstandings arising under, out of, or in connection with, or in relation to any agreement entered into between printer and customer, not satisfactorily resolved by the parties within 120 days of invoice date may be submitted to and be determined by ARBITRATION, before an arbitrator(s) designated pursuant to the American Arbitration Association, and in accordance with its rules in the state in which the printer is located.