ORDERS – Orders regularly entered, verbal or written, cannot be canceled except upon terms that will compensate printer against loss.
PREPARATORY MATERIALS – Art work, type, plates, negatives, positives and other items when supplied by the printer or publisher shall become property of the publisher.
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.
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 shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to customer’s suppliers upon request at current rates.
OVER RUNS OR UNDER RUNS – Steffen Publishing Company, LLC will bill and deliver up to ten percent (10%) over or under the print order.
CUSTOMER’S PROPERTY – The printer accepts no liability for the loss of any property belonging to the customer while that property is in the printer’s possession.
DELIVERY – F.O.B. local customer’s place of Business of F.O.B. printer’s platform for 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 printer, or from customer’s supplier to printer are not included in any quotations unless specified. 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 printer cannot accept liability for shortage based on supplier’s tickets. Title 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.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strike, accidents, action of Government or civil authority and other causes beyond the control of customer or printer.
CUSTOMER FURNISHED MATERIALS – Paper stock, camera copy, film, color separations, electronic files, and other customer furnished materials shall be manufactured, packed and delivered to printer’s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
TERMS – Upon credit approval, payment shall be net cash thirty (30) days from date of invoice and 1% 10 days with late charge of 1 1/2% per month on past due balances, unless otherwise provided in writing. 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 claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Printer’s liability shall be limited to stated selling 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, printer shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in printer’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 interest and lien.
INDEMNIFICATION – The customer shall indemnify and hold harmless the printer 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 printer on grounds alleging that the said printing violates any 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 printer has contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.