Pacific Press® Specialty Printing utilizes Computer to Plate Technology (CTPT) and therefore does not output to film unless the customer requires film negatives. Estimates are normally based on CTPT being used to produce products from supplied “formatted” disk copy or electronic file transfer. Supplied disk copy or electronic files should be complete with images and text ready for PreFlight inspection, and any required page make up work will be billed extra.
Hard copy must accompany all electronic and disk files or a cost of $15.50 per page will be billed for Specialty Printing to run out hard copy and return this copy to the customer for signed verification. Pacific Press® will place the project on hold until the customer returns signed verification of copy.
Trade customs of Pacific Press® specialty printing:
Quotations are valid for 30 days and are subject to change if not accepted within this time period.
Acceptance of orders is subject to credit approval or contingencies beyond the control of Pacific Press® Publishing Association, hereinafter referred to as PPPA. Canceled orders require compensation for incurred costs and related obligations. Acceptance of one production order by PPPA does not commit it to quote on or produce other orders for the customer.
- ACCURACY OF SPECIFICATIONS.
Quotations are based on the accuracy of the specifications provided. PPPA may re-quote a job at time of submission if copy, film, disks, or other input materials do not conform to the information on which the original quotation was based. Changes in specifications must be conveyed to PPPA by the customer in writing.
- PREPARATORY MATERIALS.
Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by PPPA remain the exclusive property of PPPA unless otherwise agreed to in writing.
- ELECTRONIC MANUSCRIPT OR IMAGE.
It is the customer’s responsibility to maintain a copy of the original file. PPPA 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 PPPA, no claims or promises are made about PPPA’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. It is the customer’s responsibility to provide hard copy with the media suppled.
Customer alterations include all work performed in addition to the original specifications. All such work will be charged at PPPA’s current rates and supported with documentation upon request.
- PREPRESS PROOFS.
PPPA will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to PPPA 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. PPPA will not be responsible for undetected production errors if:
* proofs are not required by the customer.
* the work is printed per the customer’s O.K.
* requests for changes are communicated orally.
- PRESS PROOFS.
Press proofs will not be furnished unless they have been required in writing and included in PPPA’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present during makeready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at PPPA’s current rates.
- 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 may be expected. When variations of this kind occur, it will be considered acceptable performance.
- OVER RUNS OR UNDER RUNS.
The customer agrees that PPPA will deliver the specified quantity order plus or minus ten percent (10%). PPPA will bill for the actual quantity delivered on the basis of per unit quoted price. If the quotation was for a total dollar amount for a specified quantity, then increases or decreases within the ten percent tolerance will be billed for, or credited, on the basis of the unit price quoted.
- CUSTOMER’S PROPERTY.
PPPA will maintain fire and extended coverage on property belonging to the customer only while the property is in PPPA’s possession. PPPA’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 PPPA.
Unless otherwise specified, the priced quoted is for a single shipment, without storage, F.O.B. PPPA. Proposals are based on continuous and uninterrupted delivery of the complete order. All orders must be picked up or delivered within two (2) business days after completion or be subject to current warehousing rates. If the specifications state otherwise, PPPA will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to PPPA or from the customer’s supplier to PPPA, 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 PPPA. In the event that production schedules are not adhered to by the customer, delivery dates and/or quotation will be subject to renegotiation. There will be no liability or penalty for delays due to causes beyond the control of PPPA. In such cases, schedules may be extended by an amount of time equal to delay incurred.
- CUSTOMER-FURNISHED MATERIALS.
Materials furnished by customers or their suppliers are verified by delivery tickets. PPPA bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by PPPA. 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 PPPA without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by PPPA at PPPA’s current rates.
Unless credit is established the customer agrees to pay fifty percent (50%) of the quoted price upon placement of the work order with balance due on completion of the work prior to delivery. The customer agrees to pay PPPA interest on any unpaid balance commencing thirty (30) days after the date of invoice, and interest shall accrue on any balance owing at the rate of eighteen percent (18%) per annum. Claims for defects, damages or shortages must be made by the customer in writing no later than fifteen (15) calendar days after delivery. If no such claim is made, PPPA and the customer understand that the job has been accepted. By accepting the job, the customer acknowledges that PPPA’s performance has fully satisfied all terms, conditions, and specifications. PPPA’s liability will be limited to the quoted selling price for defective goods, without additional liability for special or consequential damages.
As security for payment of any sum due under the terms of an agreement, PPPA has the right to hold and place a lien on all customer property in PPPA’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, including attorney’s fees.
Disclaimer of Expressed Warranties: PPPA 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: PPPA warrants only that the work will conform to the description contained in the purchase order. PPPA’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 PPPA be liable for specific, individual, special, or consequential damages.
- INDEMNIFICATION AND WARRANTIES.
The customer agrees to protect PPPA from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold PPPA harmless, save, indemnify, and otherwise defend it against claims, demand, actions, and proceedings on any and all grounds except those caused by PPPA’s negligence or intentional acts.
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 Pacific Press Publishing Association 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 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 PPPA in all legal actions on these grounds as long as PPPA:
* promptly notifies the customer of legal action
* gives the customer reasonable time to undertake and conduct a defense.
PPPA warrants that it delivers all products to the customer free from defects in material and workmanship in conformance with agreed-to specifications. Further PPPA warrants it shall have good title to all materials used to complete the customer’s order.
PPPA reserves the right to use its sole discretion in refusing to print anything it deems illegal, libelous, scandalous, improper, infringing upon copyright law, or that does not conform to PPPA’s policy restricting certain types of printing.
PPPA 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 at additional charge. PPPA is not liable for loss or damage to stored material beyond what is recoverable by PPPA’s fire and extended insurance coverage.
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 PPPA for any additional taxes paid.
Unless otherwise agreed, the customer will pay for all transmission charges. PPPA is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
- AGREEMENT ENFORCEMENT.
If either PPPA or its customer seeks to enforce any of the provisions of the agreement between the parties; including these trade customs, by an action in law, equity, or through alternate dispute resolutions, the non-prevailing party to such action agrees to pay to the prevailing party all costs and expenses, including reasonable attorney’s fees incurred by the prevailing party.
PPPA and the customer agree that this contract is formed in Idaho. Any dispute that arises under this agreement will be considered to have arisen under the jurisdiction and laws of the State of Idaho. In the event of breach of either party, venue shall lie in Boise, Idaho.
All warranties and indemnifications survive expiration of the parties’ agreement and completion of the work.