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Maco Press, Inc.

Terms and Conditions

Accuracy of Specifications:
Quotations are based on the accuracy of the specifications provided. Maco Press can requote a job at time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.
Alterations/Corrections:
Customer alterations include all work performed in addition to the original specifications. All such work may be billable at current Maco Press rates.
Color Proofing:
A color proof is used to simulate how the printed piece will look. 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 variation of this kind occurs, it will be considered acceptable performance and the proof becomes a contract between the customer and Maco Press.
Creative Work:
No use shall be made, except by expressed written permission of Maco Press, for all use of this work and for any derivation of ideas from it. Compensation (if any) for use without expressed written permission, shall be determined by Maco Press.
Customer-Furnished Materials:
Materials furnished by customers or their representative are verified by delivery tickets. Maco Press bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by Maco Press. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by Maco Press without alteration or repair. Items not meeting this requirement may be repaired by the customer, or by Maco Press and may be billable.
Customer’s Property:
Maco Press will only maintain fire and extended coverage on property belonging to the customer while the property is in Maco Press’s possession. Maco Press’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 in advance to Maco Press.
Delivery:
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Maco Press’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Maco Press will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Maco Press, or from the customer’s representative to Maco Press, 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, which ever occurs first.
Electronic Manuscript or Image:
It is the customer’s responsibility to maintain a copy of the original file. Maco Press is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by Maco Press, no claims or promises are made about Maco Press’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 current Maco Press rates. Return of such media as updated or changed by Maco Press may be charged at current rates for time and materials used.
Experimental Work:
Experimental or preliminary work performed at customer’s request may be billable. This work cannot be used without the expressed written consent of Maco Press.
Indemnification:
The customer agrees to protect Maco Press from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Maco Press harmless and save, indemnify, and otherwise defend the company and officers against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
Copyrights:
The customer 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 Maco Press and its officers 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.
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 Maco Press and its officers in all legal actions on these grounds as long as Maco Press promptly notifies the customer of the legal action and gives the customer reasonable time to undertake and conduct a defense. Maco Press and/or its officers 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.
Liability:
Disclaimer of Express Warranties: Maco Press 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.
Disclaimer of Implied Warranties: Maco Press warrants only that the work will conform to the description contained in the purchase order. Maco Press’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the amount specified in the contract. Under no circumstances will Maco Press be liable for specific, individual, or consequential damages.
Order:
Acceptance of order shall not be effective until acceptance by Maco Press. Acceptance by Maco Press may be either by notification to customer or by commencing to produce work on the merchandise ordered. Canceled orders require compensation for incurred cost and related obligations.
Outside Purchases:
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.
Over-runs or Under-runs:
Over-runs or under-runs will not exceed the percentage specified in the contract. Maco Press 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.
Preparatory Materials:
Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by Maco Press remain Maco Press’s exclusive property.
Prepress Proofs:
Maco Press will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to Maco Press on a “master set” marked “OK,” “OK With Corrections,” or “Revised Proof Required” and signed by the customer. Until the master set is received, no additional work will be performed. (For OnLine orders, the original proof sent to the customer shall serve as the "master set".) Maco Press will not be responsible for undetected production errors if:
· proofs are not required by the customer;
· the work is printed per the customer’s OK;
· requests for changes are communicated orally.
Press Proofs:
Press proofs will not be furnished unless they have been required in writing in Maco Press’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during makeready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at Maco Press’s current rates.
Production Schedules:
Production schedules will be established and followed by both the customer and Maco Press. 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 Maco Press. In such cases, schedules will be extended by an amount of time equal to delay incurred.
Quotation:
A quotation not accepted within 30 days may be changed.
Storage:
Maco Press will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period for an additional charge of $1 per day. Retrieval of materials stored by Maco Press and for use outside of the production facility will be charged at current Maco Press rates pluse the additional storage fee. Maco Press is not liable for any loss or damage to stored material beyond what is recoverable by Maco Press’s fire and extended insurance coverage.
Taxes:
All amounts due for taxes and assessments may be billable 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 Maco Press for any additional taxes paid.
Telecommunications:
Unless otherwise agreed, the customer may be responsible for all transmission charges. Maco Press is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
Terms, Claims, & Liens:
Payment is net cash 30 (thirty) calendar days from date of invoice or as specified. Claims for defects, damages, or shortages must be made by the customer in writing no later than 5 calendar days after delivery. If no such claim is made, Maco Press and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Maco Press’s performance has fully satisfied all terms, conditions, and specifications. Maco Press’s liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damage or as specified. As security for payment of any sum due under the terms of an agreement, Maco Press has the right to hold and place a lien on all customer property in Maco Press’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.


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