Terms of Use

*This document was last updated on 11/16/2010.

This Terms of Use Agreement sets forth the standards of use of the PrintAbilities.com Online Service. By using the PrintAbilities.com website you (the Member) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at PrintAbilities.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Change Orders

Any jobs that have been approved or sent to press cannot be altered or changed due to the automated process that results from the send to press action. If a request is made for a job to downgrade, including but not limited to turn around time, quantity, shipping method etc, before the digital proof is approved, a change order fee of $15.00 will be deducted from the refund.

Turnaround Times

Turnaround times begin ONLY when the following criteria have been met:

1. Your order has been entered, processed and transaction approved.
2. You have uploaded your artwork for your job.
3. You have viewed and approved your proof and clicked the send to press button, thus sending your job to press.
4. After approval, Quality Control personnel may stop your job as having SUSPECT ART if they believe the artwork has defects (i.e. low resolution) that will cause it to print unsatisfactorily. In this event, you will receive an email message notifying you of this, and your job will be put on hold until you re-submit and re-approve new art or send the job to press as-is. While a job is on hold in this manner, the production clock is ON HOLD. PrintAbilities.com is not responsible for expediting your order if time is lost as a result of the customer’s failure to meet production design requirements. Note that this does NOT apply if you choose NO ART CHECK in the checkout process.
5. If you choose to order a hard copy proof, it will be mailed the day after you approve your artwork. The time it takes for a customer to receive, sign, and return a color proof does NOT count in the production calendar. A job is considered ON HOLD until the signed proof is returned. Proof approval typically takes two days (one day transit to the customer, one day transit to return the proof to PrintAbilities.com). Note that if a hard copy proof is ordered, it MUST be SIGNED and RETURNED before production recommences.

All turnaround times are based on business days. Monday through Friday and exclude all national and federal holidays. All jobs with standard turnaround times (2-7 days) submitted into production before 6:00pm CST will begin production the following business day.

EXAMPLE: if a 3 day turn job is submitted, approved, and sent to press on a Monday before 6:00pm CST, Day 1 of turnaround time is the following business day and the job would ship out on Thursday of that same week. PrintAbilities.com strives to ship every job on time; however, ship dates should be considered estimates. Production delays, weather conditions and mechanical malfunctions, etc. can sometimes cause jobs to ship late. In the event PrintAbilites.com ships a late job, the price difference between the requested and actual print schedule will be credited back towards the clients account. PrintAbilities.com is not responsible for upgrading the shipping method to accommodate a missed estimated ship date. Customers may upgrade the shipping method prior to the job actually shipping at their own expense. Cancellation of a job or entire order based on turnaround time is permitted ONLY if a Customer Service Supervisor agrees to these terms in writing as a condition during order entry. If you have a time-sensitive job, please be sure to notify customer service.

Hardcopy Proofs A hard copy color proof guarantees a reasonable likeness to the final printed pieces. However, it is printed on a substrate that does not match the final paper stocks used in our printing process. The hard copy color proof is color-matched to a four color process on coated papers and does NOT simulate other stocks such as uncoated paper. While a hard copy color proof will visually show color, variation between the hard copy color proof and the final printed piece is to be expected. If a variation occurs due to these circumstances, the resulting printed job is considered an acceptable print performance.

If you submit a job and do not request a hard copy color proof, your job(s) will be printed as is. PrintAbilities.com will not be liable for color variation from the soft-proof. If a color proof is chosen by customer, it will be PrintAbilities.coms responsibility to match that proof and the job will be printed accordingly PrintAbilities.com will make every effort to match the colors of your submitted artwork, whether your job is color critical or not. It is the customer’s responsibility to determine if the job is color critical. Art Resolution Requirements You must provide at minimum 300 dpi high resolution images suited for offset printing. PrintAbilities.com is not liable for images printing as bitmaps as a result of the customer providing low-resolution images.

Bleed and Caution Margin Requirements You must include 1/8 symmetrical bleed for designs which have content extending to the trim line. You must exclude important content from the caution zone, defined by the inner 1/8 margin to the trim lines. PrintAbilities.com allows for a 1/16 tolerance for error with each bindery process, therefore adherence to bleed and caution margins are important to image fidelity.

Backing up artwork on two sided works You must upload artwork so that the finished piece backs up correctly. For flat, folded and die-cut work, excluding bound products, all pages are backed up head to head. The head of a page is defined by the top of the rendered proof and the bottom is called the foot (helpful hint: on a PrintAbilities pdf proof, the head will always be designated as the PrintAbilities logo on top). The head of one side backs up to the head of the other page on two sided work. PrintAbilities.com recommends that you always print laser proofs and back them up head to head to make a folding dummy, which will ensure your artwork is set up properly. You may need to rotate a page after proof review and resubmit art to ensure your pages will back up properly.

Bound Jobs Our automated system requires that art is uploaded as a single, multi-page pdf file. Page sorting is the same as when viewing your book; for example, 28-page booklet or calendar (sorting order) pdf: page 1 = outside front cover; page 2 = inside front cover; page 3-26 = subsequent pages; page 27 = inside back cover; page 28 = outside back cover. PrintAbilities.com will not be able to proceed with your bound product order unless these minimum requirements are met.

Color Space Conversion PrintAbilities.com is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For best results, always using CMYK colorspaces when creating your artwork.

Blacks/Rich Black Full color jobs that contain large solid areas of black ink should have the black set up as CMYK black (60, 40, 40, 100). PrintAbilities.com will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification (rich black should not be used for text).

Gang Run Printing A gang-run is the method of producing print jobs for clients that lowers costs by printing several print jobs together on the same print run, thus spreading the cost of the printing amongst all jobs on the form. ALL gang run printing is subject to a 10% color variance. If a job is color critical, then the necessary attention it needs cannot be attained in a gang-run format. Therefore, the job must be printed by itself without the discounted price of gang-run printing. Color critical jobs require a dedicated run where the press is calibrated specifically to that run and job rather than a gang-run with other print jobs.

Reprints Customers must notify PrintAbilities.com within 1 business day of order delivery to report any defects discovered in the ordered product. 100% of the product should be returned to PrintAbilities.com at the customer’s expense within 5 business days from the date of delivery. Should the claim be approved by PrintAbilities.com, a reprint at no cost will be shipped to the customer using the original shipping method.

Refunds and Cancellations All sales are final. No refunds are available on orders unless art files have NOT been uploaded to the site, submitted to customer service or sent to press. On jobs that meet the above criteria, a $15 processing fee will be charged for each job cancellation. On jobs that meet the above criteria, you must contact PrintAbilities within 30 days to request your refund. Any refund requests approved after 30 days will be issued as a credit toward the next order. If an order is cancelled after we have sent You a hard copy proof, those charges for the hard copy proof are non-refundable.

Overuns and Underruns Over-runs or under-runs will not exceed 5%. If a job is short, PrintAbilities.com will prorate the missing quantity in the form of a credit toward future orders or at our discretion a reprint of the missing amount will be allowed for jobs missing 500 or more pieces.

Marketing Promotions and Discount Codes Please note that all prices and specifications are subject to change without notice. Check www.PrintAbilities.com for updated online advertised price. Qualifying purchases should be placed online along with the code and paid in full before the promotion expiration time. Offers are not valid for previous purchases. Non-shipping related promotions apply to printing charge only; custom quotes, mailing postage, shipping charges and sales tax, etc. is excluded from offer discounts. Ground shipping promotion is limited to packages shipped within the Continental U.S. with the selection of the Ground option only; the maximum value of the offer may vary by product or campaign. One discount code per order only, promotions or credits cannot be combined.

Shipping PrintAbilities.com ships jobs via UPS or via other nationally recognized carriers in its sole discretion. Once a package has shipped, PrintAbilities.com will not be responsible for late or damaged packages. Delivery dates are not guaranteed and may include extra transit time in case of unforeseen delays. No refund on shipping charges will be made on any job once it has shipped.

Email Notifications If you use an address with an email filter that requires each sender to fill out a form, you may not receive our automatic notification messages. PrintAbilities.com is not responsible for automated email notifications that are redirected due to a customer’s email filter settings. It is the customer’s responsibility to check their “my account” page or contact a Customer Service Representative for the most current information on their order.
By creating an account, requesting a sample pack or ordering product from PrintAbilities.com you agree to receive various emails from PrintAbilities.com pursuant to our privacy policy. Email Job Status Notifications are sent in regards to job status changes, job shipment, job related warnings such as delays or art issues. Periodic newsletters, product specials, one-time sales, new coupons and time-sensitive offers are also send pursuant to our privacy policy and Member opt-in or opt-out requests. If you wish to be removed from the special offer emails please click the remove link at the bottom of the email.

Transfer of Title The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Disclaimer of Warranties The site is provided by PrintAbilities.com on an as is and on an as available basis. To the fullest extent permitted by applicable law, PrintAbilities.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PrintAbilities.com shall have no liability for any interruptions in the use of this Website. PrintAbilities.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion may not be applicable.

Limitation of Liability: PRINTABILITIES.COM SHALL NOT be liable for any damages whatsoever, and in particular PrintAbilities.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if PrintAbilities.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE NOT APPLICABLE.

Identification: Member agrees to indemnify and hold PrintAbilities.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.

Right to Refuse Service PrintAbilities.com reserves the right to cancel or otherwise refuse to print jobs it deems are obscene or offensive, including but not limited to pornographic materials. PrintAbilities.com reserves the right to charge the customer for services rendered up to the point that the job was cancelled.

Modifications and Interruption to Service PrintAbilities.com reserves the right to modify or discontinue the Service with or without notice to the Member. PrintAbilities.com shall not be liable to Member or any third party should PrintAbilities.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PrintAbilities.com does not guarantee continuous, uninterrupted access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.

Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While PrintAbilities.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
PrintAbilities.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts Texas Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas.

Compliance with Laws Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information All content included or available on this site, including but not limited to site design, text, graphics, interfaces, and the selection and arrangements thereof is 2006 PrintAbilities.com, with all rights reserved, or is the property of PrintAbilities.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PrintAbilities.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized offiMember assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Reproductions of Currency The law sharply restricts photographs or other printed reproductions of paper currency, checks, bonds, revenue stamps and securities of the United States and foreign governments.

U.S. Currency The Counterfeit Detection Act of 1992, Public Law 102-550, in Section 411 of Title 31 of the Code of Federal Regulations, permits color illustrations of U.S. currency provided:

The illustration is of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of the item illustrated
The illustration is one-sided
All negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices, and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof are destroyed and/or deleted or erased after their final use.

We attempt to check customer artwork for these requirements, but do not guarantee and are not responsible if a reprint becomes necessary because customer supplied artwork does not meet legal requirements.

Copyright and Trademark Information links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PrintAbilities.com.

Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PrintAbilities.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

PrintAbilities, LLC
15301 Dallas Parkway Tower 1, Suite 920 Addison, Texas 75001
Phone: 214.390.3300
Fax: 214.390.3321  


Botnets PrintAbilities.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PrintAbilities.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by PrintAbilities.com, in our sole discretion, to a third party in the event of a merger or acquisition.

This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Additional Terms and Conditions For Mailing Services

PLEASE READ THESE TERMS OF USE CAREFULLY. By extending payment to Print Abilities for postage due for your mailing job, you acknowledge and signify your unconditional assent to these terms of use and the fact that all terms and conditions herein apply to Print Abilities (PrintAbilities.com) and all of our affiliates separately and collectively as applicable.

Payment of postage is required in advance for all mailings (minimum 48 hours before the job is delivered to USPS for mailing). Postage may be paid by cashier’s check, money order or wire transfer. Credit cards are accepted for postage payment; however, a 5% convenience fee will be added to postage transactions only.

Mail Processing as purchased on the website includes: data processing 1 list, CASS (USPS certification process for ZIP + 4 matching software) and PAVE, inkjet addressing, sorting & delivering to USPS for mailing. Additional services are available for additional fees: inserting, tabbing, merging multiple databases, sequential numbering, NCOA and mail list services. Unless otherwise instructed, Print Abilities will not remove duplicate names (de-dupe) from all lists submitted for processing where the name and address match. 100% accuracy of removal cannot be guaranteed due to data variances.
U.S. Postal Service requires that all first class presorted mailings comply with Move Update. Print Abilities assumes no responsibility for failure to do so.
Estimated postage rates may increase due to the design of mail piece, final weight, size, or shape.

If you do not utilize Print Abilities templates to design your mail piece, it is possible that your mailing will not pass USPS requirements for barcode readability and thus the postal rate will increase. The design must include a minimum 4 wide x 2 tall complete white/unprinted area in the bottom right corner of the mailing side/panel. This allows sufficient room to inkjet address and barcode – otherwise, your mailing will not qualify for automated postal discounts and will mail at non-automated rates thus increasing your postal costs.

Print Abilities uses ASCII comma delimited, Xcel, and DBF formats for data compilation for mailing services. Although many formats can be converted to DBF, a compatible mailing service software format cost of $75 per hour may be incurred to reformat mailing lists to meet our specifications. This is also referred to as list hygiene.

Print Abilities cannot be held liable for data supplied by the customer or list broker or for list errors created within the computer processing of a job due to bad data.

Print Abilities agrees to maintain the strict confidentiality of all information contained in a customer’s mailing list. Print Abilities agrees that the customer’s mailing list is and remains the exclusive property of the customer and shall be used only with customer’s instructions, and not sold or given to any parties outside of Print Abilities. It is the customer’s or customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list as Print Abilities assumes no responsibility or liability for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while said lists are in possession of Print Abilities.

For mailing lists purchased from Print Abilities, Print Abilities offers a deliverability guarantee of 88% on Business lists and 92% on Consumer lists if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to, contact names and/or any other demographic criteria or element. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer.

There is a possibility of up to 5% shortage of the printed pieces before they arrive to Mail Services.

Print Abilities has no control over and is not liable for the delivery schedule of the USPS, nor can we accept responsibility for the actual delivery date.
Unless special arrangements have been made to hold the extra/un-mailed pieces for an additional mail drop, Print Abilities will send the un-mailed pieces to the address you entered at Order/Checkout, via the shipping method you chose. Extras ship within 2 business days of the mailing date in most cases.

Print Abilities will process and deliver jobs to USPS 2-3 business days after the final Ship Date of the printing portion as purchased on the website, providing postage has been paid at least 48 hours in advance. If processing falls within Print Abilities observed holidays, add one (1) additional day to the Mail Processing time. Expected delivery date and processing times are not guaranteed. Your order may deliver to the USPS late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc.

Limitations of Liability for Mailing Services

Any liability for any error, mistake or failure to perform services hereunder is expressly limited to the value of the work performed.

Print Abilities’s responsibility is limited to preparing/processing your mailing and completing delivery to the U.S. Postal Service. Print Abilities shall not be liable for USPS performance failures or delivery delays. Print Abilities accepts no responsibility for any additional services performed outside of Print Abilities, including but not limited to additional ink jetting, bindery or mail delivery services.



Terms and Conditions of Sale

(Trade Customs of the Printing Industry of North America)

1. QUOTATION: A quotation not accepted within thirty days may be changed.

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 customer’s request will be charged to the customer at the provider’s current rates. This work cannot be used without the provider’s written consent.

4. CREATIVE WORK:Sketches, copy, dummies and all other creative work developed or furnished by the provider are the provider’s 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, 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 final 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/CORRECTIONS: Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider’s current rates.

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”, “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 OR UNDER-RUNS: Over-runs or under-runs will not exceed 10 percent of the quantity ordered. The provider will bill for 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.

13. CUSTOMER’S 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, F.O.B. provider’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, 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 renegotiation. 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 and amount of time equal to delay incurred.

16. CUSTOMER-FURNISHED MATERIALS:Materials furnished by customers or their suppliers are verified by delivery tickets. The provider shall bear no responsibility for discrepancies between delivery tickets and actual counts. 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, disks, 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. OUTSIDE PURCHASES:Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, 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 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.


  1. Disclaimer of Express Warranties: Provider 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.
  2. Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider’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.

20. INDEMNIFICATION: The customer agrees to protect the provider 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.

  1. 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 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 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.

  1. 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 the provider in all legal actions on these grounds as long as the provider:
    • promptly notifies the customer of the legal action;
    • gives the customer reasonable time to undertake and conduct a defense. The provider 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.

21. 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.

22.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 the provider for any additional taxes paid.

23. TELECOMMUNICATIONS: Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.