Printingpages.com DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Printingpages.com CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT ERRORS AT ANY TIME. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; Printingpages.com WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. Printingpages.com MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. Printingpages.com has attempted to accurately depict the products offered on the Site. However, because the depiction of a product is dependent on your computer monitor, Printingpages.com cannot guarantee that such depiction will be accurate.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH BELOW OR IN A WRITTEN WARRANTY THAT ACCOMPANIES A PRODUCT (AND THEN ONLY WITH RESPECT TO SUCH PRODUCT), Printingpages.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE. THE SITE AND PRODUCTS AND INFORMATION ON THE SITE ARE PROVIDED ON AN 'AS IS-WHERE IS' BASIS. NEITHER Printingpages.com NOR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, 'AFFILIATES') WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF Printingpages.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Printingpages.com OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO Printingpages.com FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND DOLLARS ($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.
TERMS OF PAYMENT: Thirty (30) days from date of invoice with prior credit approval. One and a half percent (1.5%) service charge on invoices not paid within 30 days. All amounts due for taxes and assessments will be added to Customer's invoice and are the responsibility of Customer. No tax exemption will be granted unless an exemption certificate accompanies the purchase order. Customer agreed that as security for payment of any sums due and owing by Customer to Provider, Provider shall have the right to retain possession and shall have a lien on all Customer's property in Provider's possession, including work in process and finished work.
BREACH: Upon breach of this contract or order, Provider may recover damages, including reasonable attorney's fees, costs and interest.
DELIVERY PLACE AND SCHEDULE: Delivery shall be F.O.B. Provider's plant.
This Agreement is subject to the Printing and Graphics Industry and Trade Customer.
TRADE CUSTOMS
ART WORK, TYPE, PLATES, ENGRAVINGS, NEGATIVES: All plates, when supplied by Provider, shall remain the exclusive property of Provider unless otherwise agreed upon in writing. All items supplied by Customer must be usable by Provider without alteration or repair. Items not meeting this requirement will be repaired by Provider at Provider's current rates. If Customer supplies materials in digital format, it is Customer's responsibility to maintain a copy of the original file. Until digital input can be evaluated by Provider, no claims or promises are made about the ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise.
PROOFS: All proofs must be returned to Provider marked "O.K." or O.K. with correction" and signed by a duly authorized person. All corrections should be marked exactly on the proof. If a revised proof is required, it should be noted on the first proof. Press proofs are not included unless specified in the proposal. Due to the difference in equipment and conditions between color proofing and pressroom operations, a reasonable variation between color proofs and the completed work shall be acceptable.
PAPER, INK, AND SUPPLIES: All paper furnished will be as true to grade, finish, and color as mills supply. Provider's standard ink colors will be used. A reasonable effort will be made to match other colors, however, same cannot be guaranteed. Delivery is subject to the ability to secure required materials or substitute materials acceptable to both parties.
ALTERATIONS: All Customer alterations of original specifications that necessitate extra work or material will carry an additional charge at the current rates.
DELIVERY: Delivery dates are based on reasonable receipt of copy with no delays in approving layouts, proofs, changes, etc., and subsequent delay in delivery beyond specified delivery date shall not be construed as failure of Provider to perform the terms of the contract. Due to variances in production that may result from Customer's Production Specifications for the Publications as provided herein, Customer agrees to pay and accept deliver of the Publications if the quantity for any Publications is within 10% over or under the quantity ordered by the Customer if the quantity is up to 9,999, Customer agreed to pay and accept delivery of the Publications if the quantity for any Publication is within 5% over or under the quantity ordered by the Customer if the quantity is 10,000 to 14,999, Customer agrees to pay and accept delivery of the Publications is within 4% over or under the quantity ordered by the Customer if the quantity is within 15,000 to 19,999, Customer agreed to pay and accept delivery of the Publications if the quantity for any publications is within 3% over or under the quantity ordered by the Customer if the quantity is 20,000 and above. If the Customer required a guaranteed quantity, the percentage of tolerance will be stated at the time of quotation for the Publications, unless notified in writing that the job is unacceptable within 20 days after the delivery, the job will be considered acceptable. In case of controversy as to the acceptability of the work, same shall be determined by arbitration to be conducted as follows: within 48 hours after receipt of written notice by either party requesting arbitration, both parties shall appoint a mutually-agreed-upon, qualified party in the printing field to act as Arbitrator. Arbitration, if possible, shall be conducted and closed within 72 hours after appointment of the Arbitrator. Arbitration shall be conducted in accordance with customary procedures for such controversies. Customer must file all claims arising from transit against the carrier.
PRICES: Due to fluctuation of labor and materials costs, prices are only effective 30 days from the date of proposal, unless otherwise specified. Proposed prices do not include taxes, postage, etc., unless specified.
IMPRINTS AND SAMPLES: Provider has the privilege of displaying work and placing stickers indicating the company name on the samples.
AGREEMENTS: All agreements are made and all orders accepted contingent upon strikes, fires, accidents, unusual market conditions, or causes beyond our control. Provider warrants only that the work will conform to the Product Specifications contained in the Sales Proposal. 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 Provider be liable for specific, individual, or consequential damages.
STORAGE: All completed work stored over 30 days will be subject to storage charges.
CREDIT POLICY: Provider must be notified within 20 days of publication mail/ship date of quality concern and/or request for error credit regarding publication. Should a credit be awarded to Customer, it will be based on the printing production cost.
Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted according to the laws of the State of Florida, and you and Printingpages.com (the 'Parties') agree to and consent to the exclusive jurisdiction and venue of the courts in Broward County, Florida. Should a dispute arise between the Parties which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in Miami, Florida, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with Florida law: (a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration; (b) depositions shall not exceed two (2) per party and all must be completed within a single day; (c) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (d) each party shall have no more than eight (8) hours to present its position; and (e) the entire hearing shall last no longer than three (3) business days. The award, if any, shall be rendered no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both Parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.