TERMS & CONDITIONS
1. QUOTATIONS \ ESTIMATES
2. ORDERS
3. EXPERIMENTAL WORK
4. ACCURACY OF SPECIFICATIONS
5. PREPARATORY MATERIALS
6. ELECTRONIC MEDIA \ IMAGES
7. ALTERATIONS\ CORRECTIONS
8. PREPRESS PROOFS
9. PRESS PROOF
10. COLOR PROOFING
11. OVERRUNS OR UNDERRUNS
12. CUSTOMER’S PROPERTY
13. DELIVERY
14. CREATIVE WORK
15. CUSTOMER-FURNISHED MATERIALS
16. OUTSIDE PURCHASES
17. TERMS/ CLAIMS/ LIENS
18. LIABILITY
19. INDEMNIFICATION
20. Cancellation
1. QUOTATIONS \ ESTIMATES

A quotation not accepted within thirty (30) days is subject to review.
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2. ORDERS

Acceptance of order shall not be effective until approved and acknowledged by The Folder Factory. Acceptance by The Folder Factory may be either by notification to client or by commencing to produce work on the merchandise ordered. Canceled orders require the compensation for incurred cost and related obligations.
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3. EXPERIMENTAL WORK

Experimental work performed at customer’s request, such as sketches, drawings, composition, plates, presswork, and materials will be charged for at current rates and may not be used without consent of The Folder Factory.
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4. ACCURACY OF SPECIFICATIONS

Quotations are based on the accuracy of the specifications provided by the customer. The Folder Factory can re-quote a job at the time of submission if artwork, or other input materials do not conform to the information on which the original quotation was based. Stock or standard material changes may occur due to changes in vendors, mills or other third parties. Customers should request the appropriate proof to justify material specifications. Pre-Press proof terms are applicable. The Folder Factory is not responsible if material appearances provided on website(s) differ from actual material appearances.
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5. PREPARATORY MATERIALS

Art work, type, plates, negatives, positives, and other items when supplied by the Folder Factory shall remain their exclusive property unless otherwise agreed in writing. Sketches, copies, dummies, and all preparatory work created or furnished by the Folder Factory, shall remain their exclusive property and no use of the same shall be made, nor any ideas obtained there-from be used, except upon compensation to be determined by The Folder Factory.
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6. ELECTRONIC MEDIA \ IMAGES

It is the customer’s responsibility to maintain a copy of the original file. The Folder Factory is not responsible for accidental damage to media supported by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by The Folder Factory, no claims or promises are made about The Folder Factory’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 prevailing rates.
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7. ALTERATIONS\ CORRECTIONS

Alterations include all work performed in addition to the original specifications. Such additional work shall be charged at current rates. Additional charges will be properly documented.
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8. PREPRESS PROOFS

If requested, proofs will be submitted with original copy for the customer's review and approval. It is the customer’s responsibility to check the proof carefully and to notify The Folder Factory immediately of any errors. It is crucial that the customer checks every detail including, but not limited to, correct fonts, images, spelling, punctuation, logos, addresses, phone numbers, emails, web addresses, missing images, missing text, company name, positioning of all items, etc. Corrections are to be made on the “master set”and on proof form(s), then returned to the Folder Factory, marked “As Is.”or “Changes Required”and signed by the customer. The Folder Factory must have the customer’s approval in writing on our proof form before we can proceed with the order. If additional proofs are desired, requests must be made when proofs and/or proof forms are returned.

The Folder Factory regrets any undetected errors that may occur in the finished product but will not be held responsible for those errors if they were evident on the proof approved by the customer.

The Folder Factory shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed The Folder Factory to proceed without submission of proofs or proof waiver. The customer’s approval and signature on our proof form, or waiver of proof either verbally or in writing, is evidence of the customer’s acceptance of all artwork and/or production specifications and is legally binding. By the customer’s signature on the quote and/or order form, the customer agrees to these terms.
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9. PRESS PROOF

Unless specifically provided in The Folder Factory’s quotation, the costs for press proofs will be charged to the customer at current rates. Any changes, corrections, or lost press time due to customer’s change of mind or delay will be charged for at current rates.
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10. COLOR PROOFING

A color proof is used to simulate how the printed piece will look. Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operation, a reasonable variation in color between color proofs and the completed job is to be expected and shall constitute acceptable delivery.
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11. OVERRUNS OR UNDER RUNS

Overruns or under runs not to exceed 10% on quantities ordered up to 10,000 copies and/or the percentage agreed upon over or under quantities ordered above 10,000 copies shall constitute acceptable delivery. The Folder Factory will bill for actual quantity delivered within this tolerance. If customer requires guaranteed “no less than”delivery, percentage tolerance of coverage must be doubled and charged at prevailing rates.
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12. CUSTOMER’S PROPERTY

The Folder Factory will maintain fire, extended coverage, vandalism, malicious mischief, and sprinkler leakage insurance on all property belonging to the customer, while such property is in The Folder Factory’s possession. The Folder Factory’s liability for such property shall not exceed the amount recoverable from such insurance.
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13. DELIVERY

Scheduled delivery dates are not guaranteed based on customer delays in the artwork, order, proofing and uncontrollable delays from subcontractors or freight carrier or environmental effects. Unless otherwise specified, the price quoted for a single shipment, without storage, F.O.B. local customer’s place of business or F.O.B., The Folder Factory’s platform or out-of-town customers. Order pricing is based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to The Folder Factory, or from customer’s supplier to The Folder Factory are not included in any quotations unless specified. Special priority or pickup or delivery service will be provided at current rates upon customer’s request. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and The Folder Factory cannot accept liability for shortage on supplier’s tickets. Titles for finished work shall pass to the customer upon delivery, to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
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14. CREATIVE WORK

No use shall be made, except by written permission of the Folder Factory for all use of this work and for any derivation of ideas from it and compensation (if any) to be determined by the Folder Factory.
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15. CUSTOMER-FURNISHED MATERIALS

Paper Stock, camera copy, film, color separations and other customer-furnished materials shall be manufactured, packaged, and delivered to The Folder Factory’s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. 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, film, color separations, 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.
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16. OUTSIDE PURCHASES

Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
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17. TERMS \ CLAIMS \ LIENS

Forms of acceptable payment are faxed check, mailed check, money order, or credit card (Visa, MasterCard, Discover and American Express). For orders with a total value over $1,500.00, payment shall be a deposit of 50%, with the balance due upon proof approval unless credit has been granted in advance by The Folder Factory. Orders with a total value of less than $1,500.00 must be paid for at the time of the order. Any additional charges incurred after order submission and/or proof approval due to changes in order specifications, additional proofs, artwork changes, shipping or special shipping requests, or other special requests ordered by the customer or the customer's agent will be charged to the customer on or after the customer’s ship date. The Folder Factory will address claims for defects, damages, or shortages identified by the customer in writing within a period of thirty (30) days after delivery. Failure to make such claims within the stated period shall constitute irrevocable acceptance and an admission that The Folder Factory has fully complied with terms, conditions and specifications. The Folder Factory’s liability shall be limited to stated price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any Agreement, The Folder Factory shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in The Folder Factory’s possession. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security in interest and lien. If payment is not made, the customer is liable for all collection costs and other fees incurred.
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18. LIABILITY

The Folder Factory warrants its products, as described in the order or contract, to be free of defects in materials or workmanship and within the bounds of reasonable quality. The Folder Factory makes no merchandising claims and accepts no liability beyond the amount to be paid by the customer, nor is The Folder Factory liable for any indirect damage that may result from any errors or inaccuracies. The Provider warrants only that the work will conform to the description contained in the order signed by the customer. The provider’s 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 the provider be liable for specific, individual, or consequential damages.
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19. INDEMNIFICATION

The customer agrees to protect The Folder Factory from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold The Folder Factory harmless and save, indemnify, and otherwise defend the provider against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

The customer agrees to, at the customer’s own expense, promptly and continue the defense of any such claim, demand, action or proceeding that may be brought against The Folder Factory, provided that The Folder Factory shall promptly notify the customer with respect thereto, and provided that The Folder Factory shall give to customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.

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 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.

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 all legal actions on these grounds as long as The Folder Factory: a. Promptly notifies the customer of legal action. b. 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 libelous, scandalous, improper, or infringing on copyright law.
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20. Cancellation

There is a $75.00 cancellation fee, plus any fees for any addttional work that has been done.
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