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Printing Trade Customs .1994 Revision
<br /> What are Trade Customs? In the technical language of the Uniform Commercial Customer-supplied paper must be delivered according to specificatio. :s .
<br /> Code, a trade custom is defined as: "any practice or method of dealing having furnished by the provider. These specifications will include correct weight,
<br /> such regularity of observation in a place, vocation or trade as to justify an thickness, pick resistance, and other technical requirements. Artwork, film color
<br /> expectation that it will be observed with respect to the transaction in question. separations, special dies, tapes, disks, or other materials furnished by the
<br /> The distance and scope of such a usage are to be proved as facts. It is established customer must be usable by the provider without alteration or repair. Items not
<br /> that such usage is embodied in a written trade code or similar writing, the meeting this requirement will be repaired by the customer, or by the provider at
<br /> interpretation of the cyriting is for the court" `Trade customs must still be spelled the provider's current rates,
<br /> out in specific terms and conditions governing the agreement between the 17. OUTSIDE PURCHASES. Unless otherwise agreed in writing, all outside
<br /> vendor and the customer. purchases as requested or authorized by the customer, are chargeable.
<br /> 18. TERMS / CLAIMS/LIENS. Payment is net cash 30 calendar days from date of
<br /> 1 . QUOTATION. A quotation not accepted within 30 days may be changed . invoice. Claims for defects, damages or shortages must be made by the customer
<br /> 2. ORDERS. Acceptance of orders is subject to credit approval and contingencies in writing no later than 10 calendar days after delivery. If no such claim is made,
<br /> such as fire, water, strikes, theft, vandalism, acts of God, and other caused the provider and the customer will understand that the job has been accepted.
<br /> beyond the provider's control . Canceled orders require compensation for By accepting the job, the customer acknowledges that the providers performance
<br /> incurred costs and related obligations. has fully satisfied all terns, conditions and specifications. The providers liability
<br /> 3. EXPERIMENTAL WORK. Experimental or preliminary work performed at will be limited to the quoted selling price of defective goods, without additional
<br /> customer's request uyill be charged to the customer at the provider's current liability for special or consequential damages. As security for payment of any
<br /> rates. This work cannot be used without the provider's written consent. sum due under the terms of an agreement, the provider has the right to hold and
<br /> 4. CREATIVE 1VORK. Sketches, copy, dummies, and all other creative work place a lien on all customer property in the provider's possession. This right
<br /> developed or furnished by the provider are the providers exclusive property. applies even if credit has. been extended, notes have been accepted, trade
<br /> The provider must give written approval for all use of this work and for any acceptances have been made, or payment has been guaranteed. If payment is not
<br /> derivation of ideas from it. made, the customer is liable for all collection costs incurred .
<br /> 5. ACCURACY OF SPECIFICATIONS. Quotations are based on the accuracy of 19. LIABILITY. 1. Disclaimer of Express Warranties: Provider warrants that the
<br /> the specifications provided . The provider can "cote a job at time of work is as described in the purchase order. The customer understands that all
<br /> submission if copy, film, tapes, disks, or other input materials don't conform to sketches, copy, dummies, and preparatory work shown to the customer are
<br /> the information on which the original quotation was based. intended only to illustrate the general type and quality of the work. They are
<br /> 6. PREPARATORY MATERIALS. Artwork, type, plates, negatives, positives, intended to represent the actual work performed. 2. Disclaimer of Implied
<br /> tapes, disks, and all other items supplied by the provider remain the provider's Warranties: The provider warrants only that the work will conform to the
<br /> exclusive property. . I description contained in the purchase order. The providei s maximum liability,
<br /> 7. ELECTRONIC MANUSCRIPT or IMAGE. It is the customer's responsibility to whether by negligence, contract, or otherwise, will not exceed the return of the
<br /> maintain a copy of the original file. The provider is not responsible for accidental amount invoiced for the work in dispute. Under no circumstances will the
<br /> damage to media supplied by the customer or for the accuracy of furnished input provider be liable for speofic, individual, or consequential damages.
<br /> or final output . Until digital input can be evaluated by the provider, no claims 20. INDEMNIFICATION. The customer agrees to protect the provider from
<br /> or promises are made about the providers ability to work with jobs submitted in economic loss and any other harmful consequences that could. arise in connection
<br /> digital format, 'and no liability is assumed for problems that may arise. Any with the work. This means . that the customer will hold the provider harmless
<br /> additional translating, editing, or programming needed to utilize customer- and save, indemnify, and otherwise defend him / her against claims, demands,
<br /> supplied files will be charged at prevailing rates: 0actions, and proceedings on any and all grounds. This will apply regardless of
<br /> 8. ALTERATIONS / CORRECTIONS. Customer alterations include all work responsibility for negligence. 1 . Copyrights. The customer also warrants that the
<br /> performed in addition to the original specifications. All such work will be subject matter to be printed is not copyrighted by a third, party. The customer.
<br /> charged at the provider's current rates, also recognizes that because subject- matter does not have to be bear a copyright
<br /> 9. PREPRESS PROOFS. The' provider will ' submit prepress proofs along with notice in order to be protected by copyright law, absence of such notice does not .
<br /> original copy for the customer's review and approval . • Cor ections will be necessarily assure a right to reproduce: The customer further warrants that no .
<br /> returned to the provider on a master set marked "O.K.," "OIL with corrections," . copyright notice has been removed from any material used in preparing the
<br /> or "Revised proof required", and signed by the custorner. � Until the master set is subject matter for . reproductiom To support theses warranties, the customer,
<br /> received, 'no additional work will be performed . The provider, will . not be agrees to indemnify and hold the provider harmless for all liability; damages, .
<br /> responsible for undetected production errors if. 'proofs are not required by the and . attorney . fees that may . be incurred in any legal action -connected with •
<br /> customer; *the work• is printed per the customers ox,**requests for changes are copyright infringement #involving the work produced or provided . 2. Personal
<br /> communicated orally
<br /> 0 1 or economic rights. The customer also warrants that the work does not contain
<br /> 10. PRESS PROOFS. Press proofs will not be furnished unless they have been anything that is libelous or scandalous, or anything that threatens anyone's right .
<br /> required in writing in the providers quotation. A press sheet can be submitted to privacy or other personal or economic rights. The customer will, at the
<br /> for the customer's approval as long as the customer is present at the press customers sole expense, promptly and thoroughly defend the provider in all
<br /> during makeready. Any press time lost or alterations/corrections made because legal actions on theses grounds as long as the provider. • promptly notifies the .
<br /> of the customers delay or change of- mind will be charged at the providers customer of the legal action; ' gives the customer reasonable time to undertake
<br /> current rates, and conduct a defense. The provider reserves the right to use his or her sole
<br /> 11 . COLOR PROOFING. Because of differences in equipment, paper, inks, and discretion in refusing to print anything he or she deems illegal, libelous,
<br /> other conditions between color proofing and production pressroom operations, a scandalous, improper or infringing upon copyright law.
<br /> reasonable variation in color between color proofs and the completed job is to be 21. STORAGE. The provider will retain intermediate materials until the related
<br /> expected . When variations of this kind occur, it will be considered acceptable end product has been accepted by the customer. if requested by the customer,
<br /> performance, intermediate materials will be stored for an additional period at additional
<br /> 12. OVERRUNS or UNDER-RUNS. Over-runs or under-nuns will not exceed 10 charge. The provider is not liable for any loss or damage to stored material
<br /> percent of the quantity ordered . The provider will bill for actual quantity beyond what is recoverable by the providers fire and extended insurance
<br /> delivered within this tolerance. If the customer requires a guaranteed quantity, coverage.
<br /> the percentage of tolerance must be stated at the time of quotation. 4 22. TAXES. All amounts due for taxes and assessments will be added to the
<br /> 13. CUSTOMER'S PROPERTY. The provider will only maintain file and customer's invoice and are the responsibility of the customer. No tax exemption
<br /> extended coverage on property belonging to the customer while the property is will be granted unless the customer's "Exemption Certificate" (or other official
<br /> in the providers possession. The provider's liability for this property will not proof of exemption) accompanies the purchase order. If, after the customer has
<br /> exceed the amount recoverable from the insurance. Additional insurance paid the invoice, it is determined that more tax is due, then the customer must
<br /> coverage may be obtained if it is requested in writing, and if the premium is paid promptly remit the required taxes to the taxing authority, or immediately
<br /> to the provider. . ' reimburse the provider for any additional taxes paid.
<br /> 14. DELIVERY. Unless otherwise specified, the price quoted is for a single . 23. TELECONDAUNICATIONS, Unless otherwise agreed, the customer will pay
<br /> shipment, lWithout storage, F.O.B. provider's platform. Proposals are based on for all transmission charges. The provider is, not responsible for any errors,
<br /> continuous and uninterrupted delivery of the complete order. If the omissions, or extra costs resulting from faults in the transmission.
<br /> specifications state otherwise, the provider will charge accordingly at current
<br /> rates. Charges for delivery of materials and supplies form the customer to the The above are revisions adopted by the Printing Industries of America, the
<br /> . provider, or from the customer's supplier to the provider are not included in National Association of Printers and Lithographers, and the Graphic Arts
<br /> quotations unless specified . Title for finished work passes to the customer upon Technical Foundation on behalf of their memberships. The previous update of
<br /> delivery to the carrier at shipping point; or upon mailing of invoices for the Trade Practices was done in 1985.
<br /> finished work or its segments, whichever occurs first.
<br /> 15, PRODUCTION SCHEDULES. Production schedules will be established and
<br /> followed by both the customer and the provider. In the event that production
<br /> schedules are not adhered to by the customer, delivery dates will be subject to re
<br /> negotiation . There uyill be no liability or penalty for delays due to state of war,
<br /> not, civil disorder, fire, strikes, accidents, action of government or civil authority,
<br /> acts of God, or other caused beyond the control . of the provider. In such cases,
<br /> schedules will be extended by an amount of time equal to delay incurred.
<br /> 16. CUSTOA• MFURNISHED NLA.TERIALS. Materials furnished by customers
<br /> or their suppliers are verified by delivery tickets. The provider bears no
<br /> responsibilth' for discrepancies between delivery tickets and actual counts.
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