Terms & Conditions
Photographer At Large, PrePress Express its subsidiaries and contractors will be referred to as "provider"
The client (You) will be referred to as "customer"
An estimate not accepted within 30 days may be changed. Extension over 30 days are at the providers discretion.
Acceptance of orders is subject to credit approval and contingencies, such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider's control. Canceled orders require compensation for incurred costs and related obligations.
3 Experimental Work
Experimental or preliminary (Spec.) work performed at customer's request will be charged to the customer at provider's current rates. This work cannot be used without the provider's written consent.
4 Accuracy of Specifications
Estimates are based on the accuracy of the specifications provided. The provider can revise an estimate for a job at time of submission if materials do not conform to the information on which the original estimate was based.
Film, proofs, disks, and all other items will become customer's property only upon full payment by customer. Provider reserves the right to retain a lien on all such items in the event of nonpayment.
6 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 media supplied by the customer or for the accuracy of furnished input or promises 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 standard rates.
Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider's current rates.
8 Prepress Proofs
The provider will first submit layouts as Inkjet Comps for approval. The provider will then submit prepress proofs along with original copy for the customer's review and approval. Corrections will be returned to the provider on a "master set" marked "OK with corrections", or "Revised proof required" and signed by the customer. Until the master set is received, no additional work 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; and requests for changes are communicated orally.
9 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.
10 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 estimate.
11 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 if the premium is paid to the provider.
Unless otherwise specified, the price quoted is for a single shipment, without storage. 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 estimates unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever occurs first.
13 Production Schedules
Production schedules will be established and followed by both the customer and the provider. In the event that 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, power outages, 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 delay incurred.
14 Customer-Furnished Materials
Materials furnished by customers or their suppliers must be delivered according to specifications furnished by the provider. The specifications will include correct weight, thickness, finish, manufacturer, and other technical requirements.
Artwork, film, color separations, 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 to be paid for by the customer.
15 Outside Purchases
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.
Unless specified in writing to the contrary, payment is 50% with order and balance before shipping product. 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 the 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 cost 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 payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
Disclaimer of Express Warranties Provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, 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.
18 Disclaimer of Implied Warranties
The provider warrants only that the work will conform to the description contained in the purchase order. The 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 the provider be liable for specific, individual, or any consequential damages.
The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because 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.
21 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 all legal actions on these grounds as long as the provider: promptly notifies the customer of the legal action; and gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.
The provider will retain any intermediate materials, files and over runs until the related end product has been accepted by the customer. Computer files will be stored for a period of 2 months after the end product is delivered.
If requested by the customer, intermediate materials and files 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 the provider's fire and insurance coverage.
23 Intermediate Files
The provider shall hold copyrights to all intermediate, work and prep files. Copyright for said files may be transfered to the customer at an additional cost to be determined.
All amounts due for taxes 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 is on file. Currently required if the final product is delivered within New York Sate. 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 provider.
The parties agree that all disputes arising under this agreement shall be governed by New York State law. The parties further agree that the Supreme Court of the State of New York shall be the sole and exclusive jurisdiction and venue in which any dispute arising under this agreement shall be determined.