|1. DEFINITIONS. "Company" shall hereinafter mean
Carr Printing Co. (Incorporated) and "Customer" shall mean individual, partner, corporation, school or government agency placing orders with Carr Printing Co., Carr Publishing Co., or Davis County Directory.
2. ORDERS. All orders are accepted only upon approval of Company's home office.
3. CANCELLATION. Orders placed are not subject to cancellation, except by written consent of the parties and upon compensation against loss.
4. PRICES. Prices quoted are limited to acceptance within 30 days, are for immediate production thereafter, and are subject to all local, state, and federal taxes; and to changes in cost of materials and labor prior to acceptance.
5. TERMS. Purchases made on our “Online Store” are paid at time of checkout by credit card or PayPal. Unless previously approved in writing, terms for all other orders are 50% down and the balance upon completion of order. Accounts with established credit are net 10th of month following date of statement. Accounts are considered past due if not paid in full within 10 days of due date.
6. COLLECTIONS. If it becomes necessary to employ legal or other services to obtain payment of any account, when past due. Customer agrees to pay reasonable charges for the same, plus court and other costs, including a reasonable attorney's fee in addition to the amount of the account, and interest at one and three-fourths percent (1.75%) per month, which is an annual rate of 21%, from the time the account becomes delinquent (minimum 50¢). This agreement may be assigned.
7. DELIVERY. Unless otherwise specified in writing, all prices are quoted F.O.B. Company’s place of business.
8. QUANTITY VARIATIONS of not more than ten percent (10%) over or under the quantity ordered shall constitute compliance with the order. The price shall be adjusted for variations.
9. CLAIMS. No claims of any nature shall be allowed unless presented in writing by Customer to Company within ten (10) days after receipt of order.
10. PRODUCTION SCHEDULING. The time scheduled to produce an order is the number of business days after receipt of an approved proof. Business days do not include weekends or holidays. Orders received before 12:00 noon will be started the day they are received. Orders received after 12:00 noon will be started the next day.
11. PROOFS. A proof is a preview of your press-ready file, allowing you the opportunity to examine and confirm layout, text, and content before the order goes to press. Electronic files transmitted over the internet can become corrupted, fonts substituted, or images changed, so please thoroughly inspect the proof to detect and correct any errors. Online “soft” proofs and “hard” proof options are available.
12. SOFT PROOFS are PDF files sent by email to the customer or a link to our server provided in an email. Please check the proof thoroughly and indicate by return email if it is “Approved” or “Not Approved.” Changes of customer files will be charged extra. Corrections of problems accidently created by Company will be corrected at no charge. If there are more than three changes it may be best for Customer to make the changes and resubmit the file.
13. HARD PROOFS are paper proofs delivered or mailed to Customer. Changes or corrections, if any, are to be clearly indicated in red on hard copy proofs. Mark proof “OK” or “OK with Corrections.” An authorized person must sign, date and return it with any original copy or samples that accompanied the proof. If revised proof is desired, request must be made when proof is returned. Company is not responsible for errors if work is printed as per Customer's O.K.
14. COLOR PROOFING. Neither the soft proof nor the hard proof is intended to be an exact color match to the final printed piece. The hard copy proof has good color accuracy; however it should be considered a close approximation. Company prints to industry-wide standards using standard ink densities. Paper brightness, paper type, applied coatings, and ambient light can and will affect color.
||15. PRESS PROOFS. An extra charge shall be made for press proofs, unless the customer is present when the form is made ready on the press, so that no press time is lost. Any changes, corrections, or lost press time due to customer's change of mind or delay will be charged for at current rates.
16. SHIPMENT DATES are approximate, and in addition are subject to Customer's prompt delivery or return to Company of the following: items to be furnished by Customer and proofs approved by Customer. Time is not of the essence under this service agreement as it relates to production unless specifically so provided in writing.
17. DELAYS. All orders are accepted subject to failure or delay in delivery directly or indirectly caused by material shortages, strikes, lock-outs, or other labor disturbances, war, insurrection, riots, transportation failures, accidents at the plant, embargoes, fires, floods, storms, or other causes of circumstances beyond the control of Company.
18. OVERTIME. Unless otherwise specified in writing, work under this order will be done during regular working hours of regular working days. If overtime, holiday, or Saturday work is required, Customer shall pay as an extra charge the difference in cost thereof over regular time work (an average of 25% additional). No work will be performed on Sunday.
19. CONDITION OF CUSTOMER FILES. Estimates for printing are based on the receipt of properly prepared digital files, including correct layering, fonts, bleeds, margins, traps, photo resolution, and color designation.
20. AUTHOR'S ALTERATIONS, meaning changes from original copy or specifications, after all or part of work is completed, necessitating additional work, shall be charged for extra, at current rates.
21. EXPERIMENTAL WORK performed at Customer's request–such as sketches, drawings, file preparation, plates, presswork, and materials, etc. shall be charged for at current rates.
22. CUSTOMER-FURNISHED ELECTRONIC FILES submitted to Company become the property of Company. Customer is responsible for having a backup copy of all original electronic files, mailing lists, etc.
23. ELECTRONIC FILES, SKETCHES, COPY, PROOFS, DUMMIES, and all preparatory work created or furnished by Company, shall remain its exclusive property and no use of same shall be made, nor may ideas obtained there from be used, except with permission and upon compensation to be determined by the Company.
24. CUSTOMER'S PROPERTY that is left with Company shall be at Customer's risk, and Company shall not be liable for any loss or damage thereto caused by circumstances beyond Company's control. Company will maintain fire, theft, extended coverage, vandalism, and malicious mischief insurance on all property belonging to Customer, while such property is in the Company's possession. Company's liability for such property shall not exceed the amount recoverable from such insurance. Original photos or artwork will be returned to customer upon completion of the project. Paper stock furnished by Customer shall be properly packed, free from dirt, grit, torn sheets, bad splices, etc., and of proper quality for printing requirements. A charge of ten percent (10%) of the value of all paper stock furnished by Customer shall be made for handling and care of same. Customer recognizes that unless the paper it provides meets specifications of the Company, it shall bear full liability for any consequences that result from paper defects, paper shortages, damaged paper, improperly packaged paper, etc., including liability for press time resulting from problems arising as a result of Customer-furnished paper. Additional cost due to these delays or impaired production shall be charged to Customer.
25. STANDING MATERIAL. Without a specific written agreement to the contrary, Company may elect but shall not be required to hold or preserve digital files or plates after completion of the order.
26. RESPONSIBILITY FOR SUBJECT MATTER. In furnishing copy, Customer represents that none of such matter infringes on any copyright, is libelous, or otherwise violates the rights of, or will cause damage or injury to other persons, and Customer agrees to indemnify and save Company harmless from all losses, damages, and expenses, including attorney's fees, which may result from any claim of such violation, damage, or injury.