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Estimates
All estimates are based on receiving properly prepared electronic files. Estimates are subject to a final accuracy check upon receipt of your order. Estimates are valid for 30 days from estimate date.
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 California Graphics’ control. Canceled orders require compensation for incurred costs and related obligations.
Experimental Work
Experimental or preliminary work performed at the customer’s request will be charged to the customer at California Graphics’ current rates. This work may not be used without California Graphics’ written consent.
Creative Work
Sketches, copy, dummies, and all other creative work developed or furnished by California Graphics are California Graphics’ exclusive property. California Graphics must give written approval for all use of this work and for any derivation of ideas from it.
Accuracy of Specifications
Estimates and quotations are based on the accuracy of the specifications provided. California Graphics will revise an estimate or quotation at the time of submission if anything does not conform to the information on which the original estimate or quotation was based.
Dispute Resolution
In the event of suit regarding this contract, then venue and jurisdiction therefore shall be in either the Superior or Municipal Court, as appropriate, of the County of Marin, California. The parties agree and stipulate that the essential terms of this contract are to be performed in said County.
Electronic Manuscripts/Images
It is the customer’s responsibility to maintain a copy of the original file. California Graphics is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by California Graphics, no claims or promises are made about California Graphics’ 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 California Graphics’ current rates.
Prepress Proofs
California Graphics will provide prepress proofs along with original copy for the customer’s review and approval. Any corrections will be clearly marked on the prepress proof and returned to California Graphics with the mark “O.K.,” “O.K. With Corrections” or “Revised Proof Required” and signed by the customer. Until the prepress proof is received, no additional work will be performed. California Graphics 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 are communicated verbally
Press Proofs
Press proofs will not be furnished unless they have been required in writing in California Graphics’ 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 California Graphics’ current rates.
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 10 percent of the quantity ordered. California Graphics 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
California Graphics will only maintain fire and extended coverage on property belonging to the customer while the property is in California Graphics’ possession. California Graphics’ 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 California Graphics.
Delivery
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. California Graphics’ platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, California Graphics will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to California Graphics or from the customer’s supplier to California Graphics 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 a portion thereof, whichever occurs first.
Production Schedules
Production schedules will be established and followed by both the customer and California Graphics. 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 California Graphics. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
Customer-Furnished Materials
Materials furnished by customers or their suppliers are verified by delivery tickets. California Graphics bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by California Graphics. 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 California Graphics without alteration or repair. Items not meeting this requirement will be repaired by the customer or by California Graphics at California Graphics’ 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 cash in advance or whatever has been agreed to between customer and provider. 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, California Graphics and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that California Graphics’ performance has fully satisfied all terms, conditions, and specifications.
California Graphics’ 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, California Graphics has the right to hold and place a lien on all customer property in California Graphics’ 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
(1) Disclaimer of Express Warranties. California Graphics 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. California Graphics warrants only that the work will conform to the description contained in the purchase order. California Graphics’ 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 California Graphics be liable for specific, individual, or consequential damages.
Indemnification
The customer agrees to protect California Graphics from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold California Graphics harmless and save, indemnify, and otherwise defend California Graphics 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 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 California Graphics 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 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 California Graphics in all legal actions on these grounds as long as California Graphics:
- Promptly notifies the customer of legal action.
- Gives the customer reasonable time to undertake and conduct a defense.
California Graphics reserves the right to use its sole discretion in refusing to print anything California Graphics deems libelous, scandalous, improper, or infringing on copyright law.
Storage
California Graphics 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. California Graphics is not liable for any loss or damage to stored material beyond what is recoverable by California Graphics’ 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” (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 California Graphics for any additional taxes paid.
Telecommunications
Unless otherwise agreed, the customer will pay for all transmission charges. California Graphics is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.
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