ESTIMATE - A estimate not accepted within sixty (60) days is subject to review. All prices are based on material costs at the time of estimate.
ORDERS - Orders regularly placed, verbal or written, cannot be cancelled except upon terms that will compensate Martin Lithograph, Inc. against loss incurred in reliance of the order.
Accepted orders can only be changed on terms that provide compensation for work commenced and obligations entered into pursuant to the order.
All orders are accepted contingent upon strikes, fires, accidents, wars, floods, unusual market conditions or any other cause beyond the reason-able control of Martin Lithograph, Inc.
ARTWORK - Experimental Work: Preliminary or developmental work performed at the customer's request will be charged at current rates and may not be used until Martin Lithograph, Inc. has been reimbursed in full for the amount of the charges billed.
Creative Work: Artwork, sketches, copy, dummies and all preparatory work developed and/or furnished by Martin Lithograph, Inc. shall remain Martin Lithograph, Inc.'s exclusive property and shall not be used except with the express approval of Martin Lithograph, Inc.
Prepress Materials: Type, plates, negatives, positives, other input media and other items when supplied by Martin Lithograph, Inc. shall remain their exclusive property.
Condition of Copy: Camera ready artwork supplied by client is to be clean and accurate, as originally described and consequently estimated. All costs incurred to correct material that is not camera ready will be charged for separately, and not as a part of the original estimate.
ALTERATIONS - Customer's alterations and any other delays caused by client will be charged for at current rates.
PROOFS - Pre-Press Proofs: Pre-press proofs will be submitted with original copy. Corrections, if any, must be plainly indicated on the proof and returned with the original copy to Martin Lithograph, Inc. marked "O.K. as changed" or "O.K." and signed by an authorized person. Proofs not returned promptly may affect delivery date. If a revised proof is desired, a request must be made when the previous proof is returned. Martin Lithograph, Inc. shall not be responsible for errors if the customer has not ordered or has refused to accept proofs with indication of changes or has instructed Martin Lithograph, Inc. to proceed without submitting proofs.
Press Proofs: Unless specifically provided in proposal of Martin Lithograph, Inc., an additional charge will be made for press proofs. Customer will be charged for presses standing idle while waiting for an "O.K."
Color Proofs: When color proofs are specified, the estimate and quotation include the cost of one progressive set. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, 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.
STORAGE - A monthly storage charge will be made on all customer's materials and any other material held at the customer's request for a period longer than 30 days.
CUSTOMER'S PROPERTY - All photographs, artwork, engravings, electrotypes, film, flats and/or plates, paper and any other property are held at the customer's risk. Martin Lithograph, Inc. assumes no responsibility for loss or damage by but not limited to fire, water, aging, or any other cause.
CUSTOMER SUPPLIED MATERIALS & HANDLING - A charge will be made for receiving, opening and handling materials supplied by the customer, such as paper stock, color separations, film engravings, plates, etc. An additional charge will be made for paper that requires conditioning, and/or causes lost time on presses or any other equipment because of its condition. Martin Lithograph, Inc. will sign receipts for acceptance of materials as to the number of skids, cartons, packages, etc. but does not guarantee acceptance of exact quantities contained in the units shipped.
AGENT - Payment by the agent will be made according to the terms of this contract; payment of this contract is not contingent upon the agent receiving payment from the customer.
DELIVERY - Unless otherwise specified, the price quoted is for a single shipment, without storage. F.O.B. local customer's place of business or 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. Special priority 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 tickets as to cartons, packages, or items shown only.
The accuracy of quantities indicated on such tickets cannot be verified and the printer cannot accept liability for shortages 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.
TERMS - Payment shall be whatever was set forth in quotation or invoice unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. 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.
Purchaser agrees to pay all costs of collecting or securing, or attempting to collect or secure payment of this account, including a reasonable attorney's fee, whether the same is to be collected or secured by suit or otherwise. Service charge of 1-1/2% per month (18% per annum) shall be charged on all accounts which show a balance owed after thirty (30) days.
OVER RUNS AND UNDER RUNS - Because it is impossible to produce exact quantities, over runs and under runs not to exceed ten percent on quantities ordered or the percentage agreed upon in the estimate, shall constitute acceptable delivery.
Martin Lithograph, Inc. will bill for actual quantity delivered within this tolerance. If customer requires guaranteed "no less than" or "no more than" delivery, percentage tolerance of variance must be doubled and must be made known in writing at the time of estimate.
LIABILITY - Martin Lithograph, Inc.'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, Martin Lithograph, Inc. 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 acceptance, or guarantee of payment shall not affect such security interest and lien.
In no event shall Martin Lithograph, Inc. be liable to the customer, or any other party for loss of profit, use, labor, material or any other consequential damage even if Martin Lithograph, Inc. has been previously advised of the possibility of such damage. Damages of any kind, including but not limited to damages arising from negligence of Martin Lithograph, Inc. or failure to perform under the contract or any of its terms, shall be limited to the contract price to the customer.
Martin Lithograph, Inc. does not warrant (except expressly or by implication) the suitability of any goods or materials for any use to which they may be put, and Martin Lithograph, Inc. shall not be liable for any spoilage or other injury or damage resulting from the use of solid materials or anything placed or packed therein, thereon, therewith.
INDEMNIFICATION - The customer shall indemnify and hold harmless Martin Lithograph, Inc. from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner or claims, demands, actions, and proceedings that may be instituted against Martin Lithograph, Inc. on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that Martin Lithograph, Inc. contributed to the matter. The customer agrees, at the customer's own expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against Martin Lithograph, Inc., provided that Martin Lithograph, Inc. shall promptly notify the customer with respect thereto, and provided further that Martin Lithograph, Inc. shall give the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.