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.