Printing Trade Customs
Our Business Policy's
1. Quotations/Estimates. A quotation not accepted within 30 days may be changed.
2. Orders. Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, act of God, and other causes beyond ENVISION's control. Canceled orders require compensation for incurred costs and related obligations.
3. Experimental Work. Experimental or preliminary work performed at the clients request will be charged to the client at ENVISION's current rates. This work may not be used without ENVISION's written consent.
4. Creative Work. Sketches, copy, dummies, and all other creative work developed or furnished by ENVISION are ENVISION's exclusive property. ENVISION 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. ENVISION can requote a job at the time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.
6. Preparatory Materials. Artwork, type, plates, negatives, positives, tapes, disks, and other items supplied by ENVISION shall remain ENVISION's exclusive property.
7. Electronic Manuscripts/Images. It is the clients responsibility to maintain a copy of the original file. ENVISION is not responsible for accidental damage to media supplied by the client or for the accuracy of furnished input or final input. Until digital input can be evaluated by ENVISION, no claims or promises are made about ENVISION'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 client-supplied files will be charged at prevailing rates.
8. Alterations/Corrections. Client alterations include all work performed in addition to the original specifications. All such work will be charged at ENVISION's current rates.
9. Prepress Proofs. ENVISION will submit prepress proofs along with original copy for the clients review and approval. Corrections will be returned to ENVISION on a “master set” marked “OK.,” “OK. With Corrections” or “Revised Proof Required” and signed by the client. Until the master set is received, no additional work will be performed. ENVISION will not be responsible for undetected production errors if:
• Proofs are not required by the client
• The work is printed per the clients OK
• Requests for changes are communicated verbally
10. Press Proofs. Press proofs will not be furnished unless they have been required in writing in ENVISION's quotation. A press sheet can be submitted for the clients approval as long as the client is present at the press during make-ready. Any press time lost or alterations/corrections made because of the clients delay or change of mind will be charged at ENVISION'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 a variation of this kind occurs, it will be considered acceptable performance.
12. Overruns/Underruns. Overruns or underruns will not exceed 10 percent of the quantity ordered. ENVISION will bill for the actual quantity delivered within this tolerance. If the client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
13. Client's Property. ENVISION will only maintain fire and extended coverage on property belonging to the client while the property is in ENVISION's possession. ENVISION'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 in the premium is paid to ENVISION.
14. Delivery. Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. ENVISION's platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, ENVISION will charge accordingly at current rates. Charges for delivery of materials and supplies from the client to ENVISION or from the clients supplier to ENVISION are not included in quotations unless specified. Title for finished work passes to the client upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first.
15. Production Schedules. Production schedules will be established and followed by both the client and ENVISION. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, legal holiday, action of government or civil authority, acts of God, or other cases beyond the control of ENVISION. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
16. Client-Furnished Materials. Materials furnished by clients or their suppliers are verified by delivery tickets. ENVISION bears no responsibility for discrepancies between delivery tickets and actual counts. Client supplied paper must be delivered according to specifications furnished by ENVISION. 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 client must be usable by ENVISION without alteration or repair. Items not meeting this requirement will be repaired by the client or by ENVISION at ENVISION's current rates.
17. Outside Purchases. Unless otherwise agreed in writing, all outside purchases as requested or authorized by the client, are chargeable.
18. Terms/Claims/Liens. Payment is net cash 30 calendar days from date of invoice. Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, ENVISION and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that ENVISION's performance has fully satisfied all terms, conditions, and specifications. ENVISION's Liability will be limited to the quoted selling price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, ENVISION has the right to hold and place a lien on all client property in ENVISION'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 client is liable for all collection costs incurred.
19. Liability. (1) Disclaimer of Express Warranties: ENVISION warrants that the work is as described in the purchase order. The client understands that all sketches, copy, dummies, and preparatory work shown to the client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
(2) Disclaimer of Implied Warranties: ENVISION warrants only that the work will conform to the description contained in the purchase order. ENVISION'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 ENVISION be liable for specific, individual, or consequential damages.
20. Indemnification. The client agrees to protect ENVISION from economic loss and any other harmful consequences that might arise in connection with the work. This means the client will hold ENVISION harmless and save, indemnify, and otherwise defend ENVISION against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
(1) Copyrights. The client also warrants that the subject matter to be printed is not copyrighted by a third party. The client 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 client 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 client agrees to indemnify and hold ENVISION 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.
(2) Personal or Economic Rights: The client 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 client will, at the clients sole expense, promptly and thoroughly defend ENVISION in all legal actions on these grounds as long as ENVISION:
• Promptly notifies the client of legal action.
• Gives the client reasonable time to undertake and conduct a defense.
ENVISION reserves the right to use its sole discretion in refusing to print anything ENVISION deems libelous, scandalous, improper, or infringing on copyright law.
21. Storage. ENVISION will retain intermediate materials used until the related end product has been accepted by the client. If requested by the client, intermediate materials will be stored for an additional period at an additional charge. ENVISION is not liable for any loss or damage to stored material beyond what is recoverable by ENVISION's fire and extended insurance coverage.
22. Taxes. All taxes and assessments levied by any governmental authority are the responsibility of the client. All amounts due for taxes and assessments will be added to the clients invoice. No tax exemption will be granted unless the clients “Exemption Certificate” (or other official proof of exemption) accompanies the purchase order. If, after the client has paid the invoice, it is determined that more tax is due, then the client must promptly remit the required taxes to the taxing authority or immediately reimburse ENVISION for any additional taxes paid.
23. Telecommunications. Unless otherwise agreed, the client will pay for all transmission charges. ENVISION is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.