GENERAL – This Agreement on the terms and condition of sale for printing, mailing and product fulfillment is made and entered into this 14th day of March, 2012 by and between JK Creative Printers & Mailing and the customer.
ORDERS - An order is defined as a regularly placed job, verbal, written, through fax, or online through www.jkcreative.com,
QUOTATION/ESTIMATE A quotation/estimate not accepted within thirty (30) days is subject to review. All prices and artwork are based on rates at the time of quotation.
CONDITION OF COPY/PROOF Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs from that which had been originally and consequently quoted, the original quotation shall be rendered void and a new quotation issued.
The customer is 100% responsible for digital file(s): - All prices and quotations provided by JK Creative Printers assume the customer provides properly prepared digital files that follow JK Creative Printers guidelines. The customer accepts all responsibility for supplied files that fail to output properly, contain errors, or provide unacceptable results. (JK Creative Printers will make every effort to discover problems in the disk pre-flight stage, but accepts no responsibility for errors not detected). Digital Image files supplied by the customer are the exclusive responsibility of the customer and JK Creative Printers accepts no responsibility for the color accuracy or quality of these files. If your file is not submitted properly JK Creative Printers cannot be held responsible.
DIMENSIONS AND SIZES – Dimensions and sizes described for all orders are exact and final sizes. Additional "bleeds" are not included; trim size may vary from the exact dimensions and sizes described.
PRODUCTION SCHEDULES AND TURNAROUND TIMES - Delivery schedules, turn-a-round times and other terms used by JK Creative Printers merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays or equipment breakdowns. Production schedules will be established and adhered to by the customer and JK CREATIVE PRINTERS, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of supplier or carriers, action of government or civil authority and acts of God or other causes beyond the control of the customer or JK CREATIVE PRINTERS. It is not contractual unless agreed to in writing. We are not responsible for shipping carrier errors, orders sent to residential addresses or post office boxes. Where production schedules are not adhered to by BCS, final delivery date(s) will be subject to renegotiation. Allow an average (not guaranteed) of 7 working days for the completion of all standard and specially priced orders. Any order to be completed at a "RUSH" is available at an additional cost.
TERMS PAYMENT – 30 days after receiving invoice.
PAYMENT BY CREDIT – Credit card holders paying by credit card agree to be bound by all standard JK Creative Printers terms and conditions. You expressly agree to pay all costs incurred if your order is cancelled before completion and understand that no order may be returned for credit.
PAYMENT BY CHECK - Orders will be processed as soon as check is received. A $25.00 fee will be charged on all returned checks in addition to the original amount due.
SALES TAX: Sales tax applied unless the customer is tax exempt, an exemption certificate is on file at JK Creative Printers.
WARRANTY - JK Creative Printers, at its sole discretion will reprint any order that contains abnormal imperfections. We reserve the right of discretion as to what is an abnormal imperfection.
LIABILITY - JK CREATIVE PRINTERS'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).
CLAIMS - All complaints must be registered within 24 hours of receipt of job. Should the job contain manufacturing errors and/or defects, we would rerun at no charge. We maintain the right to judge what a manufacturing defect and error is. Claims for defects, delays of turn-around time, damages, or shortages must be made by the customer in writing within a period of 24 hours 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. JK Creative Printers’ sole liability shall be limited to the reprinting of any defective order or portion thereof and in no case shall include special or consequential damages including the customer’s expenses, or profits lost thereof.
INDEMNIFICATION The customer shall indemnify and hold harmless JK CREATIVE PRINTERS from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against JK CREATIVE PRINTERS 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 JK CREATIVE PRINTERS contributed to the matter. The customer agrees, at customer’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against JK CREATIVE PRINTERS, provided that JK CREATIVE PRINTERS shall promptly notify the customer, with respect thereto, and provided further that JK CREATIVE PRINTERS shall give the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
CREATIVE WORK Creative work, such as sketches, copy, dummies, and all preparatory work developed and furnished by JK CREATIVE PRINTERS shall remain its exclusive property and no use of same shall be made, nor any ideas obtained there from be used, except upon compensation to be determined by JK CREATIVE PRINTERS, and not expressly identified and included in the selling price.
PREPARATORY MATERIALS Working mechanical art, type, negatives, positives, flats, plates, and other items when supplied by JK CREATIVE PRINTERS and/or client, shall remain in the exclusive property of JK CREATIVE PRINTERS unless otherwise agreed in writing. All materials we create in producing your job are the property of JK Creative Printers. These materials will not be sold or given to any other party. We reserve the right to distribute free samples of your printed materials and use your artwork in our advertising.
CUSTOMER FURNISHED MATERIALS. Paper stock, inks, camera copy, film, color separations, and other customer-furnished material shall be manufactured, packed, and delivered to JK CREATIVE PRINTERS's specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
ALTERATIONS Alterations represent work performed in addition to the original specification. Such additional work shall be charged at current rates and be supported with documentation upon request.
PRESS PROOFS. Unless specifically provided in JK CREATIVE PRINTERS's quotation, press proofs are never provided. If press proofs are requested, they will be quoted at current press check rates. An inspection sheet of any form can be submitted for the customer’s approval, at no charge, provided the customer is available at the press during the time of make-ready. Lost press time due to the customer’s delay, or customer changes and corrections, will be charged at current rates.
COLOR PROOFING 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. JK Creative Printers will make every effort to produce a reasonable representation; however, we do not guarantee color matching. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.
OVER-RUNS AND UNDER-RUNS Over-runs or under-runs not to exceed 10% on quantities ordered, or the percentage agreed upon, shall constitute acceptable delivery. JK CREATIVE PRINTERS will bill for actual quantity delivered within this tolerance. If the customer requires guaranteed exact quantities, the percentage tolerance must be doubled. If the customer requires guaranteed exact quantities, it must be requested at the time of order.
DELIVERY Local delivery is available at no additional cost. Charges related to delivery from the customer to JK CREATIVE PRINTERS, or from the customer’s supplier to JK CREATIVE PRINTERS, are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon the customer's request. Materials delivered from the customer or its suppliers are verified with delivery ticket as to cartons, packages, or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and JK CREATIVE PRINTERS cannot accept liability for shortage based on supplier's tickets. Title for finished work shall pass to BCS upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. JK CREATIVE PRINTERS is not responsible for, and is absolved from all liability on orders being delivered by third party shipping companies. (Outside shipping company).
All mailing services provided by JK CREATIVE PRINTERS for the customer includes delivery to the Quincy Post Office.