Terms of Service
These Terms of Service were adopted from the Printing Industries of America, the National Association of Printers and Lithographers, and the Graphic Arts Technical Foundation. The Printing Industry Terms of Service reflect common business practices in the printing industry.
“Provider” is Oakmead Printing & Reproduction Inc dba Oakmead Printing Inc, Sunnyvale, CA 94089.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING PROVIDER’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PROVIDER’S SERVICE.
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, acts of God, and other causes beyond provider’s control. Canceled orders require compensation for the costs incurred and related obligations.
3. PRELIMANARY WORK
Preliminary or experimental work performed at the customer’s request will be charged to the customer at the provider’s current rates. This work may not 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 requote a job at the time of submission if copy, or other input materials do not conform to the information on which the original quotation was based.
6. SETUP MATERIALS
Artwork, print files, type, proofs, pre-production samples 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 the 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 the 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. PROOFS (PREPRESS)
Prepress Proof-Reading of material will be the responsibility of the customer for spelling and number accuracy. Until the Proofs APPROVAL is received, no print production 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 APPROVAL.
*Requests for changes are communicated orally.
10. PREPRODUCTION SAMPLE PRINT
Preproduction Sample Print will not be furnished unless it is included in the provider’s written quotation. Any alterations and corrections made 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 a 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. Additional charges may be assessed.
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 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. Oakmead Printing Inc, Sunnyvale, CA 94089. 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, to the customer’s vendor, 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 provider. If 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 an amount of time equal to the delay incurred.
16. CUSTOMER-FURNISHED MATERIALS
Material furnished by customers or their suppliers is verified by delivery tickets. The provider bears 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, 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
Pre-payment in full is required 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, the provider and 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 payments have been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
19. LIABILITY
(1) Disclaimer of Express Warranties. Provider warrants that the work is as described in the Quotation/Estimate Order Summary. The customer understands that all sketches, copies, 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. Provider warrants only that the work will conform to the description contained in the invoice. The provider’s maximum liabilities, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for 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 might arise in connection with the work. This means the customer will hold the provider harmless and safe, indemnify, and otherwise defend provider 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.
(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 the provider in 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 its sole discretion in refusing to print anything the provider 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 provider’s fire and extended insurance coverage.
22. TAXES
All amounts due for taxes and assessments levied by any governmental authority 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. VENUE
In the event of suite regarding this contract, then venue and jurisdiction shall be in either the Superior or Municipal Court, as appropriate, of the Santa Clara County, in California. The parties agree and stipulate that the essential terms of this contract are to be performed in said County.
24. POSTAGE
Quotations/Estimates do not include postage. The provider will notify the customer of the required postage as soon as this amount is known and will notify the customer of the date when the postage is needed in order to complete the mailing prior to the agreed upon mailing date. While the provider will make every effort to provide the customer with an accurate estimate of required postage, the provider is not responsible for additional postage charges if the rate of postage changes for reasons beyond provider control. Payment of postage in advance is required on all orders and is the responsibility of the customer. The provider reserves the right to hold mailings for which sufficient postage has not been paid or until postage payment has been verified. The customer will provide the postage payment in an adequate time for the provider to complete the mailing prior to the previously agreed upon mail date.
25. MODIFICATION OF THESE TERMS OF SERVICE
The provider reserves the right, at its discretion, to change these Terms of Service on a going-forward basis at any time. Please check these Terms of Service periodically for changes. You will be required to accept such modified terms in order to continue to use the Service. For the avoidance of doubt, disputes arising under these Terms of Service will be resolved in accordance with these Terms of Service in effect at the time the dispute arose.