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Speedcolor Inc. Terms and Conditions
Quotation
A custom quotation not accepted within 30
days may be changed. Prices on standard products within this web site
are subject to change at anytime.
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 the provider's control. Canceled orders require compensation for
incurred costs and related obligations.
Experimental Work
Experimental or preliminary work performed at customer's request will
be charged to the customer at the Speedcolor's current rates. This work
cannot be used without the Speedcolor's written consent.
Creative Work
Sketches, copy, dummies, and all other creative work developed or furnished
by Speedcolor are Speedcolor's exclusive property. Speedcolor must give
written approval for all use of this work and for any derivation of ideas
from it.
Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided or
selected by the customer on the web site. Speedcolor can re-quote a job
at time of submission if copy, firm, tapes, disks, or other input materials
do not conform to the information on which the original quotation was
based.
Preparatory Materials
Artwork, type, plates, negatives, positives, tapes disks, and all other
items supplied by Speedcolor remain the provider's exclusive property.
Electronic Manuscript or Image
It is the customer's responsibility to maintain a copy of the original
file. Speedcolor is not responsible for accidental damage to media supplied
by the customer or for the accuracy of furnished input or final output.
Until digital input can be evaluated by Speedcolor, no claims or promises
are made about Speedcolor'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. Speedcolor will preflight all
electronic files received from the customer to determine if it is in a
print ready format. Customer will incur a $35 nonrefundable charge for
this pre-flighting service.
Alterations/Corrections
Customer alterations include all work performed in addition to the original
specifications. All such work will be charged at the Speedcolor's current
rates.
Prepress Hardcopy Proof
The provider will submit prepress proofs along with original copy
for the customer's review and approval, if ordered by customer. Corrections
will be returned to the provider on a "master set" marked "O.K.",
"O.K., 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 any of the following conditions are true:
* Proofs are not ordered by the customer
* The work is printed per the customer's O.K.
* Requests for changes are communicated orally
Online PDF Proof
Online PDF proofs viewed by the customer on a computer monitor use a color space called RGB.
RGB stands for red, green, and blue which are the primary colors of light used to display color images.
Offset printing presses produce a full color image using a four color ink process called CMYK. CMYK stands
for cyan(blue), magenta(red), yellow and black. The provider prints to a pleasing color standard through
the use of standard ink densities. While RGB color may look good on a computer screen or desktop
printer, it may not produce the results desired when printed on an offset printing press. As a result, the provider
makes no warrantee that the color and image quality represented on a customer's computer monitor or ink jet or laser color printer from a PDF online proof
will approximate the finished piece printed via the CMYK process of an offset printing
press. This is due to the wide variations in color spaces, technologies and calibrations of different display and
printing devices.
On-line PDF proofs will be posted
under the following schedule:
*Orders with accompanying print ready
electronic files received before 11:30 a.m. CST will be posted by 12:00
p.m. CST the next business day.
*Orders with accompanying print ready electronic files received after
11:30 a.m. CST will be posted by 5:00 p.m. CST the next business day.
Press Proofs
Press proofs will not be furnished unless the have been required in writing
in Speedcolor's quotation. A press sheet can be submitted for the customer's
approval as long as the customer is present at the press during make-ready.
Any press time lost or alterations/corrections made because of the customer's
delay or change of mind will be charged at the Speedcolor's current rates.
Color, Ghosting and Proofing
Because of differences in equipment, paper, inks, and other conditions
between hard copy color proofing and production pressroom operations,
a reasonable variation in color between colors proofs and the completed
job is to be expected. When variation of this kind occurs, it will be
considered acceptable performance.
Ghosting can occur when heavy or dense amounts of ink are printed in one area that
then affect the ink density of another area resulting in unwanted images. Speedcolor
assumes no responsibility for ghosting caused by heavy ink coverage or abrupt changes
in ink densities called for in the design and layout of a print job.
There are often significant differences in color
as seen on computer monitors, customer color printers and four color offset
printing resulting from differing technologies and wide variations in
calibration. As a result, colors seen in an on line proof on a customer's
RGB (red, blue and green) color computer monitor or printed on a customer's
color printer can vary significantly from the final piece printed using
four color process (CMYK) on offset lithographic printing presses. When
on line proofs are used, such variations will be considered acceptable
performance.
Special Inks
Inks such as metallic or florescent/dayglow (PMS 800 Series) are specialty
inks with a limited shelf life and higher costs. Customer will incur an
upcharge for use of these inks.
Overruns or Under-Runs
Overruns or under-runs will not exceed 10% of the quantity ordered. Speedcolor
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.
Customer's Property
Speedcolor will only maintain fire and extended coverage on property belonging
to the customer while the property is in its possession. Speedcolor'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 Speedcolor.
Delivery
Unless otherwise specified the price quoted is for a single shipment,
without storage, F.O.B. Speedcolor's platform. Proposals are based on
continuous and uninterrupted delivery of the complete order. If the specifications
state otherwise, Speedcolor will charge accordingly at current rates.
Charges for delivery of materials and supplies from the customer to Speedcolor,
or from the customer's supplier to Speedcolor, are not included in quotations
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.
Production Schedules
Production schedules will be established and followed by both the customer
and Speedcolor. In the event that production schedules are not adhered
to by the customer, delivery dates will be subject to change. 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 Speedcolor. In such
cases, schedules will be extended by an amount of time equal to delay
incurred.
Ship dates are established from the
time Speedcolor receives proof approval:
*Approved proofs received before 11:30 a.m. CST will be shipped as indicated
on the order with the business day of receipt counting as one day.
*Approved proofs received after 11:30 a.m. CST will be shipped as indicated
on the order with the next business day of receipt counting as day one.
Customer-Furnished Materials
Materials furnished by customers or their suppliers are verified by delivery
tickets. Speedcolor bears no responsibility for discrepancies between
delivery tickets and actual counts. Customer-supplied paper must be delivered
according to specifications furnished by Speedcolor. These specifications
will include correct weight, thickness, pick resistance, and other technical
requirements. Artwork, film, color separations, special dies, electronic
media, or other materials furnished by the customer must be usable by
Speedcolor without alteration or repair. Items not meeting this requirement
will be repaired by the customer, or by Speedcolor at the provider's current
rates.
Outside Purchases
Unless otherwise agreed in writing, all outside purchases as requested
or authorized by the customer, are chargeable.
Terms/Claims/Liens
Payment is by accepted and approved credit card . Claims for defects,
damages, or shortages must be made by the customer in writing no later
than 10 days after delivery. If no such claim is made, Speedcolor and
the customer will understand that the job has been accepted. By accepting
the job, the customer acknowledges that Speedcolor'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 Speedcolor
has the right to hold and place a lien on all customer property in Speedcolor'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.
Liability
1. 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 work. They
are not intended to represent the actual work performed.
2. Disclaimer of Implied Warranties: Speedcolor warrants only that the
work conform to the description contained in the purchase order. Speedcolor'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 Speedcolor be liable for specific, individual,
or consequential damages.
Indemnification
The customer agrees to protect Speedcolor from economic loss and any other
harmful consequences that could arise in connection with the work. This
means that the customer will hold Speedcolor 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.
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 Speedcolor 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 right
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 Speedcolor in
all legal actions on these grounds as long as Speedcolor:
* Promptly notifies the customer of all legal action; and
* Gives the customer reasonable time to undertake and conduct a defense.
Speedcolor 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.
Storage
Speedcolor will retain intermediate materials until the related end products
has been accepted by the customer. If requested by the customer, intermediate
materials will be stored for an additional charge. Speedcolor is not liable
for any loss or damage to stored mater beyond what is recoverable by the
Speedcolor's fire and extended insurance policy.
Taxes
All amounts due for taxes and assessments 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 Speedcolor for any additional
taxes paid.
Telecommunication
Unless otherwise agreed, the customer will pay for all transmission charges.
Speedcolor is not responsible for any errors, omissions, or extra costs
resulting from faults in the transmission.
Registration
Registered users of Speedcolor.com will automatically receive our monthly
newsletter. This newsletter contains useful tips as well as valuable coupon
codes. The customer may remove their email address from the newsletter
list at anytime by clicking the removal link at the bottom of the email.
Coupon Codes
Coupon codes are distributed by Speedcolor
for various money saving promotions. A coupon code is generally valid
for a single use and you may only use one coupon code per order.
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