QUOTATIONS/ESTIMATES. 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, strike, theft, vandalism, acts of God, and other causes beyond Peczuh Printing’s control. Canceled orders require compensation for incurred costs and related obligations.
EXPERIMENTAL WORK. Experimental work or preliminary work performed at the customer’s request will be charged to the customer at Peczuh Printing’s current rates. This work may not be used without Peczuh Printing’s written consent.
CREATIVE WORK. Sketches, copy, dummies and all other creative work developed or furnished by Peczuh Printing is Peczuh Printing’s exclusive property. Peczuh Printing 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. Peczuh Printing can requote a job at the time of submission if copy, files, or other digital materials do not conform to the information on which the original quotation was based.
ELECTRONIC MANUSCRIPT/IMAGES. It is the customer’s responsibility to maintain a copy of the original file. Peczuh Printing is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital imaging can be evaluated by Peczuh Printing, no claims or promises are made about Peczuh Printing’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.
ALTERATIONS/CORRECTIONS. Customer alterations include all work performed in addition to the original specifications. All such work will be charged at Peczuh Printing’s current rate.
PREPRESS PROOFS. Peczuh Printing will submit prepress proofs for the customer’s review and approval. Corrections will be returned to Peczuh Printing 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. Peczuh Printing will not be responsible for undetected errors if:
— Proofs are not required by the customer
— The work is printed per customer’s O.K.
— Requests for changes are communicated verbally.
PRESS PROOFS. Press proofs will not be furnished unless they have been required in writing in Peczuh Printing’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 customer’s delay or change of mind will be charged at Peczuh Printing’s current rate.
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 a variation of this kind occurs, it will be considered acceptable performance.
OVERRUNS/UNDERRUNS. Overruns or underruns will not exceed ten percent (10%) of the quantity ordered. Peczuh Printing will bill for the actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
CUSTOMER’S PROPERTY. Peczuh Printing will only maintain fire and extended coverage on property belonging to the customer while the property is in Peczuh Printing’s possession. Peczuh Printing’s liability for such 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 Peczuh Printing.
DELIVERY. Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. point of manufacture. Proposals are based on continual and uninterrupted delivery of the complete order. If the specifications state otherwise, Peczuh Printing will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Peczuh Printing or from the customer’s supplier to Peczuh Printing are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or portion thereof, whichever occurs first.
PRODUCTION SCHEDULES. Production schedules will be established and followed by both the customer and Peczuh Printing. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of Peczuh Printing. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
OUTSIDE PURCHASES. Unless otherwise agreed in writing, all outside purchases as requested or authorized by
the customer, are chargeable.
CUSTOMER-FURNISHED MATERIAL. Materials furnished by customers or their suppliers are verified by delivery tickets. Peczuh Printing bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications provided by Peczuh Printing. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, files or other materials furnished by the customer must be usable by Peczuh Printing without alteration or repair. Items not meeting this requirement will be repaired by the customer or by Peczuh Printing at Peczuh Printing’s current rate.
TERMS/CREDIT LIMIT. Unless otherwise agreed in writing, payment in full is due upon completion of job and prior to product shipment. A 3% processing fee will be charged on all credit card transactions. For customers with Peczuh Printing credit approval, all payment is net cash 30 calendar days from the date of the invoice. Credit limits will also be established based on years in business, trade references, annual print purchases, order sizes and volumes, and recent payment history. When an open balance has reached the extended credit limit the balance will need to be paid down to accommodate new orders, even if the invoices are still within terms or new orders will be COD.
CLAIMS/LIENS. Claims for defects, damages, or shortages must be made by the customer in writing no later than ten (10) calendar days after delivery. If no such claim is made, Peczuh Printing and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Peczuh Printing’s performance has fully satisfied all terms, conditions and specifications. Peczuh Printing’s liability will be limited to the quoted selling price of the defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, Peczuh Printing has the right to hold and place a lien on all customer property in Peczuh Printing’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.
LIABILITY. Disclaimer of Express Warranties. Peczuh Printing 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 the work. They are not intended to represent the actual work performed.
DISCLAIMER OF IMPLIED WARRANTIES. Peczuh Printing warrants only that the work will conform to the description contained in the purchase order. Peczuh Printing’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will Peczuh Printing be liable for specific, individual, or consequential damages.
INDEMNIFICATION. The customer agrees to protect Peczuh Printing from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold Peczuh Printing harmless and save, indemnify, and otherwise defend Peczuh Printing against claims, demands, actions, and proceedings on any and all grounds.
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 a copyright notice 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 for reproduction. To support these warranties, the customer agrees to indemnify and hold the provider 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.
PERSONEL 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 economic rights. The customer will, at the customer’s sole expense, promptly and thoroughly defend Peczuh Printing in all legal actions on these grounds as long as Peczuh Printing:
— Promptly notifies the customer of legal action.
— Gives the customer reasonable time to undertake and conduct a defense.
Peczuh Printing reserves the right to use it’s sole discretion in refusing to print anything Peczuh Printing deems libelous, scandalous, improper, or infringing on copyright law.
STORAGE. Peczuh Printing will retain intermediate materials used 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 an additional charge. Peczuh Printing is not liable for any loss or damage to stored material beyond what is recoverable by Peczuh Printing’s fire and extended insurance coverage.
TAXES. All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer’s invoice. No tax exemption will be granted unless the customer’s “Exemption Certificate” accompanies the purchase order. Peczuh Printing is obligated by the government to collect sales tax if a customer has not provided the necessary supporting document, even if the sales tax number has supplied. 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 Peczuh Printing for any additional taxes paid.
TELECOMMUNICATIONS. Unless otherwise agreed, the customer will pay for all transmission charges. Peczuh Printing is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.
