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Policy, Terms and Conditions
<br />1. Quotations: U nless otherwise stipulated, a quotation
<br />not accepted within thirty (30) days is null and void.
<br />2. Orders: Acceptance of orders is subject to credit ap-
<br />proval and contingencies such as fire, water, strikes, theft,
<br />vandalism, acts of God, and other causes beyond The Ink
<br />Well's control. Canceled orders require compensation for
<br />incurred costs and related obligations.
<br />3. Experimental Work: Experimental or preliminary
<br />work performed at customer's request will be charged to
<br />the customer at The Ink Well's current rates. This work
<br />cannot be used without The Inl< Well's written consent.
<br />4. Creative Work: Sketches, copy, computer-generated
<br />artwork, mock-ups and all other creative work developed
<br />or furnished by The Ink Well are The Ink Well's exclusive
<br />property.The Ink Well must give written approval for all
<br />use of this work and for any derivation of ideas from it.
<br />5. Accuracy of Specifications: Quotations are based on
<br />the accuracy of the specifications provided. The Ink Well
<br />can re-quote a job at time of submission if copy, film,
<br />tapes, disks, or other input materials don't conform to the
<br />information on which the original quotation was based.
<br />6. Electronic Manuscript or Image: It is the customer's
<br />responsibility to maintain a copy of the original file.
<br />The Ink Well is not responsible for accidental damage
<br />to media supplied by the customer or for the accuracy
<br />of furnished input or final input. Until digital input can
<br />be evaluated by The Ink Well, no claims or promises are
<br />made about The Ink Well's ability to work with jobs sub-
<br />mitted in digital format, and no liability is assumed for
<br />problems that may arise. Any additional translating, edit-
<br />ing, or programming needed to utilize customer-supplied
<br />files will be charged at prevailing rates.
<br />7. Preparatory Materials: Artwork, type, plates, nega-
<br />tives, positives, tapes, disks, and all other items supplied
<br />by The Ink Well remain The Ink Well's exclusive prop-
<br />erty.
<br />8. Alterations/Corrections: Customer alterations include
<br />all work performed in addition to the original specifica-
<br />tions. All such work will be charged at The Ink Well's
<br />current rates.
<br />9. Prepress Proofs: The Ink Well will submit prepress
<br />proofs along with original copy for the customer's re-
<br />view and approvaL Corrections will be returned to The
<br />Ink Well on a"master set" marked "01<" and/or offi-
<br />cial proof sheet provided by The Ink Well, signed by the
<br />customer. Until the master set and/or "proof sheet" is
<br />received, no additional work will be performed. The Ink
<br />Well will not be responsible for undetected errors if: a)
<br />proofs are not required by the customer, b) the work is
<br />printed per the customer's 01<, c) requests for changes
<br />are communicated orally.
<br />10. Press Proofs: Press proofs will not be furnished
<br />unless they have been requested in writing, in The Ink
<br />Wel I's quotation. A press sheet can be submitted for the
<br />customer's approval as long as the customer is present
<br />at the press durinq makeready. Any press time lost or
<br />alterations/corrections made because of the customer's
<br />delay or change of mind wil I be charged at The Ink Wel I's
<br />current rates.
<br />11. Color Proofing: Because of differences in equipment,
<br />paper, inks, variances in ambient temperatures and hu-
<br />midity, and other conditions between color proofing and
<br />production pressroom operations, a reasonable variation
<br />in color between color proofs and the completed job is to
<br />be expected. When variation of this kind occurs, it will be
<br />considered acceptable performance.
<br />12. Over-runs and Under-runs: Over-runs and under-runs
<br />will not exceed ten percent (10%) of the quantity or-
<br />dered. The Ink Well will bill for actual quantity delivered
<br />within this tolerance. If the customer requires a guaran-
<br />teed exact quantity, the percentage of tolerance must be
<br />stated at the time of quotation.
<br />13. Customer's Property: The Ink Well will only main-
<br />tain fire and extended coverage on property belonging
<br />to the customer while the property is in The Ink Well's
<br />possession. The Ink Well's liability for this property will
<br />not exceed the amount recoverable from the insurance.
<br />Additional insurance coverage may be obtained if it is
<br />requested in writing, and if the premium is paid to The
<br />Ink Well.
<br />14. Delivery: Unless otherwise specified, the price quoted
<br />is for a single shipment, without storage, F.O.B. provider's
<br />platform. Proposals are based on continuous and uninter-
<br />rupted delivery of the complete order. If the specifications
<br />state otherwise, The Ink Well will charge accordingly
<br />at current rates. Charges for delivery of materials and
<br />supplies from the customer to The Ink Well, or from the
<br />customer's supplier to The Ink Well, are not included in
<br />quotations unless specified.Title for finished work passes
<br />to the customer upon delivery to the carrier at shipping
<br />point; or upon mailing of invoices for the finished work or
<br />its segments, whichever occurs first.
<br />15. Production Schedules: Production schedules will be
<br />established and followed by both the customer and The
<br />Ink Well. In the event that production schedules are not
<br />adhered to by the customer, delivery dates will be subject
<br />to extension and/or renegotiation.There will be no liability
<br />or penalty for delays due to state of war, riot, civil disor-
<br />der, fire, strikes, accidents, actions of government or civil
<br />authority, acts of God, or other causes beyond the control
<br />of The Ink Well. In such cases, schedules will be extended
<br />by an amount of time equal to the delay incurred.
<br />16. Customer-Furnished Materials: Materials furnished
<br />by customers or their suppliers are verified by delivery
<br />tickets.The Ink Well bears no responsibility for discrepan-
<br />cies between delivery tickets and actual counts. Custom-
<br />er-supplied paper must be delivered according to speci-
<br />fications furnished by The Ink Well. These specifications
<br />will include current weight, thickness, pick resistance,
<br />deflection, and other technical requirements. Artwork,
<br />film, color separations, special dies, tapes, disks, or other
<br />materials furnished by the customer must be usable by
<br />The Ink Well without alteration or repair. Items not meet-
<br />ing this requirement will be repaired by the customer, or
<br />byThe Ink WeII atThe Ink WeII's current rates.
<br />17. Outside Purchases: U nless otherwise agreed to in
<br />writing, all outside purchases as requested or authorized
<br />by the customer, are chargeable.
<br />18. Terms/Claims/Liens: Payment is net case thirty (30)
<br />calendar days from date of invoice. Claims for defects,
<br />damages or shortages must be made by the customer in
<br />writing no later than ten (10) calendar days after de-
<br />livery. If no such claim is made, The Ink Well and the
<br />customer will understand that the job has been accepted.
<br />By accepting the job, the customer acknowledges that
<br />The Ink Well's performance has fully satisfied all terms,
<br />conditions, and specifications.The Ink Well's liability will
<br />be limited to the quoted selling price of defective goods,
<br />without additional liability for special or consequential
<br />damages. As security for payment of any sum due under
<br />the terms of an agreement, The Ink Well has the right
<br />to hold and place a lien on all customer property in The
<br />Ink Well's possession. This right applies even if credit has
<br />been extended, notes have been accepted, trade accep-
<br />tances have been made, or payment has been guaranteed.
<br />If payment is not made, the customer is liable for all col-
<br />lection costs incurred.
<br />19. Liability: 1. Disclaimer of Express Warranties: Pro-
<br />vider warrants that the work is as described in the pur-
<br />chase order. The customer understands that all sketches,
<br />copy, mock-ups, and preparatory work shown to the cus-
<br />tomer are intended only to illustrate the general type and
<br />quality of the work. They are not intended to represent
<br />the actual work performed. 2. Disclaimer of Implied War-
<br />ranties: The Ink Well warrants only that the work will
<br />conform to the description contained in the purchase
<br />order.The Ink Well's maximum liability, whether by neg-
<br />ligence, contract, or otherwise, will not exceed the return
<br />of the amount invoiced for the work in dispute. Under
<br />no circumstances will The Ink Well be liable for specific,
<br />individual, or consequential damages.
<br />20. Indemnification: The customer agrees to protect the
<br />The Ink Well from economic loss and any other harm-
<br />ful consequences that could arise in connection with the
<br />work.This means that the customer will hold The Ink Wel i
<br />harmless and save, indemnify, and otherwise defend him/
<br />her against claims, demands, actions, and proceedings on
<br />any and all grounds.This will apply regardless of respon-
<br />sibility_for.negligence.
<br />21. Copyrights: The customer also warrants that the sub-
<br />ject matter to be printed is not copyrighted by a thlyd
<br />party.The customer also recognizes that because subject
<br />matter does not have to bear a copyright notice in order
<br />to be protected by copyright law, absence of such notice
<br />does not necessarily assure a right to reproduce. The
<br />customer further warrants that no copyright notice has
<br />been removed from any material used in preparing the
<br />subject matter for reproduction. To support these war-
<br />ranties, the customer agrees to indemnify and hold The
<br />Ink Well harmless for all liability, damages, and attorneys
<br />fees that may be incurred in any legal action connected
<br />with copyright infringement involving the work produced
<br />or provided.
<br />22. Personal or economic rights: The customer also war-
<br />rants that the work does not contain anything that is li-
<br />belous or scandalous, or anything that threatens anyone's
<br />right to privacy or other personal or economic rights.The
<br />customer will, at the customer's sole expense, promptly
<br />and thoroughly defend The Ink Well in all legal actions
<br />on these grounds as long as The Ink Well: 1. Promptly
<br />notifies the customer of the legal action, 2. Gives the
<br />customer reasonable time to undertake and conduct
<br />a defense. The Ink Well reserves the right to use his or
<br />her sole discretion in refusing to print anything he or she
<br />deems illegal, libelous, scandalous, improper or infringing
<br />upon copyright law.
<br />23. StOrage: The Ink Well will retain intermediate mate-
<br />rials until the related end product has been accepted by
<br />the customer. If requested by the customer, intermediate
<br />materials will be stored for an additional period at addi-
<br />tional charge. As space permits,The Ink Well may elect to
<br />provide this service at no charge to the customer. The Ink
<br />Well is not liable for any loss or damage to stored mate-
<br />rial beyond what is recoverable by The Ink Wel I's fire and
<br />extended insurance coverage.
<br />24. Freight Charges: It is the policy of The Ink Well to
<br />offer pick-up and delivery service to customers at no
<br />charge. However, for "buy-ouY' orders, ie: those orders
<br />not produced in house, any and all freight charges are
<br />prepaid by The Ink Well and passed on to the customer
<br />on the customer's invoice. Special handling or packing
<br />services will be billed at current rates.
<br />25. Telecommunications: Unless otherwise agreed, the
<br />customer will pay for all transmission charges. The Ink
<br />Well is not responsible for any errors, omissions, or extra
<br />costs resulting from fault in the transmission.
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