The following is designed to be useful to our
clients, to avoid misunderstandings, and to be as specific as
possible. We do not interpret these items and conditions with
any severe rigidity, each client will observe that we do make
exceptions.
Terms
Clients with approved credit are required to make payment within
30 days of invoice. Bills outstanding over 35 days will be subject
to an interest charge of 10% per annum.
If you fail to pay our invoice in accord with these terms, you
agree to pay all costs of collection, including but not limited
to, reasonable attorney's fees.
Should any portion of an invoice become disputed, you agree to
pay the undisputed portion according to its terms and you will
notify us promptly of the dispute. Both parties agree to use their
best efforts to resolve the disputed portion of such invoice within
30 days of learning of the dispute.
Client/Author Alterations (AAs)
This refers to any changes, additions or modifications of copy,
style or specifications made by or through the client after the
copy has been typeset and corrected according to manuscript originally
furnished. These may be charged on an hourly basis or on a per-line
basis.
Client Property
Client property delivered for use in production is handled with
great care but without liability for loss or damage due to conditions
beyond our control. Reproduction copy is carefully maintained
under controlled conditions.
Defaults
Unless otherwise noted, all files are printed on a high-resolution
laser printer. Optionally, at an extra charge, files can be printed
on R.C. paper at 1.270 dpi, 120 line screen and 100%. Film negatives
and positives are printed at 2,540 dpi and 133 line screen. Negative
film is printed emulsion down and positive film emulsion up. Unless
color separation is clearly requested, all files are printed as
composites. If you request separations, we will print all plates
unless told otherwise.
All fonts are considered Adobe fonts unless we are told otherwise.
If a file is misprinted due to a non-Adobe type face or a type
face included in the file and not listed, the file will be reprinted
at the client's expense.
Client supplied, Postscript and PDF files will be printed exactly
as submitted and in their entirety. Business Printing and Imaging
(BP&I) does not warranty their correctness.
Hours & Days of Business
Normal hours of business are 8:00 am to 5:00 pm Monday through
Thursday, 8:00 am to 4:30 pm on Friday, on non-holiday weekdays.
Most major holidays shall be observed, even though the office
may be open; work required by clients on such days shall be subject
to overtime charges (see "Overtime").
Manuscript
Estimates submitted or verbal orders accepted by BP&I assume
that the manuscript submitted by a client is typed double-space
with only minimal editorial markings. Manuscript conditions which
require a typesetter to pause frequently to decipher editorial
markings or illegible script material may result in a surcharge
or the return of manuscript to the client for clearer copy. Correction
of errors due to illegible script are charged as Author Alterations.
Copyrights
The client warrants that the subject matter to be printed in not
copyrighted by a third party, and that no copyright notice has
been removed from any material used in preparing the subject matter
for reproduction. Client agrees to indemnify and hold BP&I
harmless for all liability, damages, and attorney fees that may
be incurred in any legal action involving the work produced or
provided.
Estimates
An estimate is an offer to perform work based upon information
and specifications supplied by the client. Estimates not accepted
with thirty (30) days are subject to review. Estimates may be
revised if the information and specifications for the job change.
BP&I shall not incur any liability or penalty for delays due
to labor disputes, fires, accidents, wars, floods, or other causes
beyond our control.
If work on an order is delayed by the client, a charge may be
made to compensate for additional costs caused by the delay.
Experimental Work
Experimental or preliminary work performed at the client's request
will be charged to the client at our current rates. This work
may not be used without our written consent.
Creative Work
Sketches, copy, dummies, and all other creative work developed
or furnished by BP&I are the exclusive property of BP&I.
BP&I must give prior written approval for all use of this
work and for any derivation of ideas from it.
PrePress Proofs
All prepress proofs must be marked "O.K.", "O.K.
With Corrections" or "Revised Proof Required" and
signed by the client.
Press Proofs
Press proofs will be provided upon written request of the client
and will be charged for. Any press time lost or alterations/corrections
made because of client's delay or change of mind will be charged
for at the current rate.
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 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 and underruns will not exceed 10 percent of the quantity
ordered. BP&I 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.
Overtime & Rush Service
Overtime work required by a client beyond normal or contractual
schedules may be subject to a 50 percent surcharge.
"1 Hour Rush" and "3 Hour Rush" services are
defined as requiring other work to be put aside or stopped in
order to begin work on the "Rush" within one half hour
or two hours. These are charged a 100% surcharge or 50% surcharge.
This same definition for Rush charges applies to complex, large
volume or inputting projects that require longer than 1 or 3 hours
to complete.
Proofs
Client will specify whether one, two or more proof copies will
be required. Proofs will be billed depending on number required
and size.
It is the responsibility of the client or his agent to examine
proofs, blueprints, negatives and positives, or other materials
upon receipt to determine that all specifications have been met.
No claims will be honored by BP&I unless made in writing within
three (3) working days of the client's receipt of the end product.
In cases of disputes regarding an end product, our sole responsibility
is to correct and replace such end product promptly.
Ownership
Each end product produced by BP&I is the property of the client.
All intermediate materials, including electronic data, drawings,
artwork, film negatives and positives, scans and separations,
originated, edited, enhanced, amended, corrected or modified in
any way by BP&I and used in the production of end products
are the property of BP&I unless specifically agreed to in
writing prior to the work beginning.
Storage
We shall retain intermediate materials until the related end product
has been accepted by the client. If requested by the client, intermediate
materials shall be stored for an additional period of up to one
year, for which a charge can be made. We shall take responsible
care to provide an appropriate storage environment. Integrity
of stored electronic data cannot be guaranteed due to the technological
limitations of media and devices available. If storage is not
specified within 15 days after job is completed, media will be
erased.
Lien
All materials or property (e.g., manuscript, art work, repro copy,
negatives, discs, etc.) may be retained by BP&I as security
until all just claims against a client have been satisfied. New
clients who do not submit credit references are asked to pay cash
when completed product is picked up or delivered.
Indemnifications
The client shall indemnify and hold harmless BP&I from any
and all cost, expense and damages on account of any and all manner
of claims, demands, actions and proceedings that may be instituted
against us on grounds alleging the job violates any copyright
or proprietary right of any person, or that it contains any matter
that is libelous or scandalous, or invade any person's right to
privacy or other personal rights. At the client's expense, the
client shall agree to defend BP&I against any action or proceeding
that may be brought against BP&I provided that we shall promptly
notify the client with respect thereto and provided further that
we shall give the client such reasonable time as the exigencies
of the situation may permit in which to undertake and continue
the defense thereof.
Warranty and Limitation of Liability
BP&I will perform all work in a good and workmanlike manner
consistent with the materials and processes used, and in accordance
with the specifications and production schedule. There are no
other warranties, including any other warranty of merchantability
or fitness for a particular purpose. In the event the work is
incorrect or delayed due to our fault (including negligence),
we shall not be liable for special or consequential damages, including,
but not limited to, lost profits or business.
Printer Errors
Errors made by BP&I shall be reset and stripped into reproduction
copy at no cost to the client, after careful comparison with manuscript
submitted; our proofreading correction of manuscript errors (spelling,
grammatical, typographical) will be charged as AAs. Liability
for errors is limited to correcting affected area.
No alterations to original material supplied will be made unless
specifically ordered and marked on a layout or proof. BP&I
is not responsible for the quality or accuracy of the original
material supplied by the client or client's agency. Neither is
BP&I liable for any fixed, stipulated amount as "liquidated
damages" should damage or loss occur to any original material
furnished by the client. We will carry adequate insurance to cover
manuscripts, films, electronically created imagery and other materials
for client work in progress.
Taxes
All taxes and assessments levied by any governmental authority
are the responsibility of the client and all amounts due will
be added to the client's invoice. No tax exemption will be granted
unless the client's "Exemption Certificate" accompanies
the purchase order.
BP&I reserves the right to use its sole discretion in refusing to print anything that BP&I deems libelous, scandalous, improper, or infringing on copyright law.