Trade Customs and Business Practices have been in general use in the industry throughout the United States and Canada for more than seventy years. These trade customs and business practices were formally promulgated at the annual convention of the United Typothetae of America in 1922. They were revised and updated in 1945 and 1974, and were updated and adopted by the Graphic Arts Council of North America in 1985. A consortium of the Graphic Arts Technical Foundation (GATF), National Association of Printers and Lithographers (NAPL), and Printing Industries of America (PIA) revised them in 1994.
The Printing Industry Trade Customs presented in this document describe the common business practices of the International Minute Press As each company drafts its own contractual provisions, we also want to consider customers' wishes, relationships with potential customers, and other competitive issues.
It is important to note that Trade Customs concerning rates, payment terms, and warranties may be subject to modification at any time..
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Quotation:
- A quotation not accepted within 30 days may be changed.
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Order:
- Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider' s control. Canceled orders require compensation for incurred costs and related obligations.
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Experimental Work:
- Experimental or preliminary work performed at customer's request will be charged to the customer at our current rates. This work cannot be used without the our written consent.
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Creative Work:
- Sketches, copy, dummies and all other creative work developed or furnished by the International Minute Press are the our exclusive property. International Minute Press must give written approval for all use of this work and for any derivation of ideas from it.
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Accuracy of Specifications:
- Quotations are based on the accuracy of the specifications provided. International Minute 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.
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Preparatory Materials:
- Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by International Minute Press remain the exclusive property of International Minute Press unless a work-for-hire agreement has been entered into prior to start of any work. Such agreement must be in writing and agreed to by International Minute Press and the customer in writing, no verbal contracts will be entered into.
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Electronic Manuscript or Image:
- It is the customer' s responsibility to maintain a copy of the original file. International Minute 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 the International Minute Press, no claims or promises are made about the provider'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.
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Alterations/Corrections:
- Customer alterations shall include all work performed in addition to the original specifications. All such work will be charged at the provider's current rates.
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Prepress Proofs:
- International Minute Press will submit prepress proofs along with original copy for the customer's review and approval. Corrections will be returned to the International Minute Press on a "master set" marked "OK," "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. International Minute 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 .
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Press Proofs:
- Press proofs will not be furnished unless they have been required in writing in the provider's quotation. A press sheet can be submitted for the customer's approval as long as the customer is present at the press during make-ready. Any press time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at the provider's current rates.
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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 is to be expected. When variation of this kind occurs, it will be considered acceptable performance.
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Over-runs or Under-runs:
- Over-runs or under-runs will not exceed 10 percent of the quantity ordered. As a matter of policy International Minute Press does not charge customers for Over-runs and makes every reasonbable effort to prevent Under-runs. In the event a sub-contractor is used to assist in the completion of all or part of the customer's order International Minute 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.
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Customer's Property:
- International Minute Press will only maintain fire and extended coverage on property belonging to the customer while the property is in our possession. Our 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 International Minute Press in advance.
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Delivery:
- Unless otherwise specified, the price quoted is for a single shipment, picked up by the customer without storage. As matter of policy International Minute Press will provide local delivery to businesses within our marketing area. Our insurance carrier will not allow us to deliver to a residence. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, then International Minute Press will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to International Minute Press, or from the customer's supplier to International Minute Press, are not included in quotations unless specified. Title for finished work passes to the customer upon payment in full.
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Production Schedules:
- Production schedules will be established and followed by both the customer and International Minute 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 International Minute Press. In such cases, schedules will be extended by an amount of time equal to delay incurred.
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Customer-Furnished Materials:
- Materials furnished by customers or their suppliers are verified by delivery tickets. International Minute Press bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by International Minute 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 International Minute Press without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by International Minute Press at the provider's current rates.
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Outside Purchases:
- Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
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Terms/Claims/Liens:
- Payment is net cash 30 calendar days from date of invoice upon approved credit, otherwisea a 50% or more downpayment is required with the balance due COD. Claims for defects, damages or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, International Minute Press and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider's performance has fully satisfied all terms, conditions, and specifications.
International Minute Press's liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, International Minute Press has the right to hold and place a lien on all customer property in the our 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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Liability:
- Disclaimer of Express Warranties: International Minute 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: International Minute Press warrants only that the work will conform to the description contained in the purchase order. The provider'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 International Minute Press be liable for specific, individual, or consequential damages.
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Indemnification:
- The customer agrees to protect International Minute Press from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold International Minute Press harmless and save, indemnify, and otherwise defend us against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
- Copyrights: The customer also 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 International Minute Press 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 International Minute Press in all legal actions on these grounds as long as International Minute Press promptly notifies the customer of the legal action and gives the customer reasonable time to undertake and conduct a defense. International Minute Press reserves the right to use their sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
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Storage:
The International Minute Press will retain intermediate materials until the related end product has been accepted by the customer. Materials are are archived for approximately two years in order to expedite future orders from the customer. If requested by the customer, intermediate materials will be stored for an additional period for additional charge. International Minute Press is not liable for any loss or damage to stored material beyond what is recoverable by the our fire and extended insurance coverage.
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Taxes:
- 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 International Minute Press for any additional taxes paid.
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Telecommunications:
Unless otherwise agreed, the customer will pay for all transmission charges should any additional expenses be incurred by International Minute Press.
International Minute Press is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
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