TERMS & CONDITIONS
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TERMS & CONDITIONS |
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TERMS AND CONDITIONS OF SALE 1. A quotation not accepted within thirty (30) days is subject to review. ORDERS 2. Orders regularly entered in writing cannot be canceled except upon terms that will compensate the Gentile Brothers Folder Factory against loss. EXPERIMENTAL WORK 3. 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 Gentile Brothers Folder Factory. ACCURACY OF SPECIFICATIONS 4. Quotations are based on the accuracy of the specifications provided by customer. Gentile Brothers Folder Factory can requote 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 applicable. Gentile Brothers Folder Factory not responsible for material appearances provided on website(s) differing from actual material appearances. PREPARATORY MATERIALS 5. Art work, type, plates, negatives, positives, and other items when supplied by the Gentile Brothers Folder Factory shall remain their exclusive property unless otherwise agreed in writing. Sketches, copy, dummies, and all preparatory work created or furnished by the Gentile Brothers Folder Factory, shall remain their exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by Gentile Brothers Folder Factory. ELECTRONIC MEDIA \ IMAGES 6. It is the customer’s responsibility to maintain a copy of the original file. Gentile Brothers 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 Gentile Brothers Folder Factory, no claims or promises are made about the Gentile Brothers 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. ALTERATIONS\ CORRECTIONS 7. Alterations represent work performed in addition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request. PREPRESS PROOFS 8. If requested, proofs shall be submitted with original copy. It is the customers responsibility to check the proof provided carefully and to notify Gentile Brothers Folder Factory immediately of any errors. It is crucial that you check 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 “master set” and on proof form(s), returned to the Folder Factory, marked “As Is.” or “Changes Required” and signed by the customer. Gentile Brothers Folder Factory must have your approval in writing on our proof form before we can proceed with your order. If additional proofs are desired, requests must be made when proofs and/or proof forms are returned in writing. Gentile Brothers Folder Factory regrets any errors that may occur through production undetected, but cannot be held responsible for errors if the work is printed per customer’s O.K., or if changes are communicated verbally. Gentile Brothers 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 Gentile Brothers Folder Factory to proceed without submission of proofs or proof waiver.Your approval and signature on our proof form, or waiver of proof either verbally or in writing, are evidence of your acceptance of all artwork and/or production specifications and are legally binding. By signature on your quote and/or order form, you agree to these terms. No credits, discounts, returns or other forms of compromise will be given. PRESS PROOF 9. Unless specifically provided in the Gentile Brothers Folder Factory’s quotation, press proofs will be charged for, at current rates. An inspection sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of makeready. Any changes, corrections, or lost press time due to customer’s change of mind or delay will be charged for at current rates. COLOR PROOFING 10. 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 shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to customer’s suppliers upon request at current rates. OVERRUNS OR UNDERRUNS 11. Overruns or underruns 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. Gentile Brothers 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. CUSTOMER’S PROPERTY 12. The Gentile Brothers 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 Gentile Brothers Folder Factory’s possession. The Gentile Brothers Folder Factory’s liability for such property shall not exceed the amount recoverable from such insurance. DELIVERY 13. Delivery terms are varied based on product specifications requested by the customer. Gentile Brothers Folder Factory will communicate a standard turnaround time of 10 business days unless otherwise discussed and agreed upon in writing by the customer and Gentile Brothers Folder Factory. Scheduled delivery dates are not guaranteed based on customer delays in the artwork, order, proofing and uncontroable delays from the manufacturer 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. Gentile Brothers Folder Factory’s platform or out-of-town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to Gentile Brothers Folder Factory, or from customer’s supplier to Gentile Brothers 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 Gentile Brothers 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. CUSTOMER-FURNISHED MATERIALS 15. Paper Stock, camera copy, film, color separations and other customer-furnished materials shall be manufactured, packaged, and delivered to the Gentile Brothers Folder Factory specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. OUTSIDE PURCHASES 16. Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable. TERMS \ CLAIMS \ LIENS 17. Forms of acceptable payment are faxed check, mailed check, money order, credit card (Visa, Mastercard, Discover and American Express). Payment shall be deposit 50%, balance at proof approval unless credit has been granted in advance by the Gentile Brothers Folder Factory. 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 customers ship date. Gentile Brothers Folder Factory can address claims for defects, damages, or shortages must be made 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 they fully comply with terms, conditions and specifications. The Gentile Brothers 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 Gentile Brothers Folder Factory shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in the Gentile Brothers Folder Factory’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security in interest and lien. LIABILITY 18. Gentile Brothers 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. Gentile Brothers Folder Factory makes no merchandising claims and accepts no liability beyond the amount to be paid by the customer, nor is the Gentile Brothers Folder Factory liable for any indirect damage that may result from any errors or inaccuracies. INDEMNIFICATION 19. The customer shall indemnify and hold harmless the Gentile Brothers Folder Factory from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against the Gentile Brothers Folder Factory on grounds alleging that the said printing violates and copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that the Gentile Brothers Folder Factory has contributed to the matter. 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 Gentile Brothers Folder Factory, provided that the Gentile Brothers Folder Factory shall promptly notify the customer with respect thereto, and provided that the Gentile Brothers 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. STORAGE 20. Gentile Brothers Folder Factory 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 an additional charge. Gentile Brothers Folder Factory is not liable for any loss or damage to stored material beyond what is recoverable by the Gentile Brothers Folder Factory’s fire and extended insurance coverage. TAXES 21. All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer’s invoice. 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 Gentile Brothers Folder Factory for any additional taxes paid. TELECOMMUNICATIONS 22. Unless otherwise agreed, the customer will pay for all transmission charges. The Gentile Brothers Folder Factory is not responsible for any errors, omissions, or extra costs resulting from faults in transmission. CHANGES OR CANCELLATIONS 23. Cancellation after an order is in process will require payment for the actual work performed (amount to be determined by the Gentile Brothers Folder Factory). Changes to orders in process may or may not require additional charges and extended delivery time. Our Minimum Cancellation Charge is $50.00 once your order has been placed with Gentile Brothers Folder Factory. JURISDICTION 24. This agreement shall be construed under the laws of the Commonwealth of Virginia. The parties agree that this contract is binding upon Gentile Brothers Folder Factory Screen Printing, Inc. when accepted in the home office in Edinburg, Virginia. It is further agreed that the appropriate venue and jurisdiction for interpretation and enforcement of this agreement shall be in Shenandoah County, Virginia. Trade customs have been in general use in the Printing Industry throughout the United States of America for more than 50 years. Originally formally promulgated, Annual Convention, United Typotheate of America, 1922. Revised and updated and repromuglated, Annual Convention, Printing Industries of America, Inc. 1945, 1974, and 1994. WE UNDERSTAND AND CERTIFY THE FOLLOWING: 1. All of the information on the quote and/or order form is correct and agreed upon by we, the customer. I understand and agree that I have authorized the manufacturing of a custom product which is non-returnable and subject to Gentile Brothers Folder Factory's Terms & Conditions of Sale available on-line at www.folders.com/price-termsconditions.html. 2. The terms of the account are deposit 50%, balance at proof approval, or paid in advance if no proof ordered, unless previous credit has been granted by the Gentile Brothers Folder Factory. All credited accounts with balances over thirty (30) days at the end of the month will be assessed a finance charge of two (2) percent per month or an annual rate of twenty-four (24) percent. All cost for collection including legal and court costs will be added to the account. ALL CUSTOMERS CHANGES, REVISIONS, OR ADDITIONS TO THE SPECIFICATIONS OR TERMS OF SALE LISTED HEREIN ARE HEREBY OBJECTED TO AND REJECTED, UNLESS AGREED TO BY WRITTEN STATEMENT FROM GENTILE BROTHERS FOLDER FACTORY. |
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