The following are the standard terms and conditions provided by JC Print & Marketing for project estimates, invoicing and graphic production and installation.
QUOTATION: A quotation not accepted within 30 days may be changed.
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 JC Print & Marketing’s control. Canceled orders require compensation for incurred costs and related obligations.
EXPERIMENTAL WORK: Experimental or preliminary work performed at customer’s request will be charged to the customer at JC Print & Marketing’s current rates. This work cannot be used without the provider’s written consent.
CREATIVE WORK: Sketches, copy, dummies, and all other creative work developed or furnished by JC Print & Marketing are JC Print & Marketing’s exclusive property. JC Print & Marketing must give written approval for all use of this work and for any derivation of ideas from it.
ACCURACY OF SPECIFICATIONS: Quotations are based on the accuracy of the specifications provided. JC Print & Marketing can re-quote a job at the 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.
PREPARATORY MATERIALS: Art work, plates, negatives, positives, tapes, disks, and all other items produced and supplied by JC Print & Marketing remain JC Print & Marketing’s exclusive property.
ALTERATIONS/CORRECTIONS: Customer alterations include all work performed in addition to the original specifications. All such work will be charged at JC Print & Marketing’s current rates.
PREPRESS PROOFS: JC Print & Marketing will submit prepress proofs along with original copy for the customer’s review and approval. Until the proof approval is received, no additional work will be preformed. 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 OK • requests for changes communicated orally
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.
CUSTOMER-FURNISHED MATERIALS: Materials furnished by customers or their suppliers are verified by delivery tickets. JC Print & Marketing bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by JC Print & Marketing. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by JC Print & Marketing without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by JC Print & Marketing at JC Print & Marketing’s current rates.
OUTSIDE PURCHASES: Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.
TERMS/CLAIMS/LIENS: Payment is net cash 30 calendar days from the date of invoice. Claims made 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 JC Print & Marketing’s performance has fully satisfied all terms, conditions, and specifications. JC Print & Marketing’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, JC Print & Marketing has the right to hold and place a lien on all customer property in JC Print & Marketing’s possession. This right applies even if credit has been extended, notes have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
LIABILITY: Disclaimer of Express Warranties JC Print & Marketing warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of work. They are not intended to represent the actual work performed. B. Disclaimer of Implied Warranties JC Print & Marketing warrants only that the work will conform to the description contained in the purchase order. JC Print & Marketing’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
INDEMNIFICATION: The customer agrees to protect JC Print & Marketing from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. A. Copyrights The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold JC Print & Marketing harmless for all liability, damages and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. B. Personal or Economic Rights The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The customer will, at the customer’s sole expense, promptly and thoroughly defend JC Print & Marketing in all legal actions on these grounds as long as JC Print & Marketing: • promptly notifies the customer of the legal action • gives the customer reasonable time to undertake and conduct a defense. JC Print & Marketing reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
TAXES: All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer’s “Exemption Certificate” (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse JC Print & Marketing for any additional taxes paid.
SIGN AND GRAPHICS INSTALLATION: JC Print & Marketing produces signs and graphics to industry standard quality. JC Print & Marketing’s warranty on graphics and sign failure is 90 days from the date of installation. Graphics failures are reviewed by JC Print & Marketing to a set of standards to determine warranty coverage. Graphics and signs not installed by JC Print & Marketing carry no warranty period. There is no warranty on perforated window vinyl applied to any windows that move or slide or that has a wiper. Temporary Signs do not carry any warranty period, even if they are installed by JC Print & Marketing. Scrim banners, coroplast, foam core, styrene and sintra are considered temporary signs.
WORKMANSHIP AND QUALITY: Printed materials and orders are non-refunable. JC Print & Marketing production and process is designed to industry standards. Quality issues that are brought forward by the Customer are reviewed to industry standards. Product not deemed to meet industry standard will be reprinted at the sole discretion of JC Print & Marketing.
