ESTIMATES: An estimate not accepted within thirty days is subject to
review. All prices are based on material costs at the time of the
estimate.
CONDITION OF COPY: Should the condition of the original copy or media
differ from that which had been originally described by Customer and
consequently estimated by Copy Cat Printing, the original estimate shall
be rendered void and a new estimate issued.
ELECTRONIC MANUSCRIPT OR IMAGE: It is Customer’s responsibility to
maintain a copy of the original file. Copy Cat Printing is not
responsible for accidental damage to media supplied by Customer or for
the accuracy of furnished input or final input. Until digital input can
be evaluated by Copy Cat Printing, no claims or promises are made about
Copy Cat Printing’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.
ALTERATIONS: Alterations represent work performed in addition to the
original specifications. Such additional work shall be charged at
current rates.
PRE-PRESS PROOFS: Corrections on proofs are to be made on copy
returned marked “O.K. or O.K. with corrections” and signed by Customer.
If revised proofs are desired, request must be made when proofs are
returned. Copy Cat Printing cannot be held responsible for errors under
any or all of the following conditions: if the work is printed per
Customer’s O.K.; if changes are communicated verbally; if customer has
failed to return proofs with indication of changes; or if customer has
instructed Copy Cat Printing to proceed without submission of proofs.
It is customer’s responsibility to request a proof.
PRESS PROOFS: Unless specifically provided in Copy Cat Printing’s
estimate, Copy Cat Printing will charge for press proofs at current
rates. Lost press time due to customer 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.
DELIVERY: The risk of loss of any goods purchased hereunder shall
pass to Customer upon delivery to Customer at the designated and agreed
location. If Customer is to pick-up at a Copy Cat Printing facility,
the risk of loss passes to Customer at pick-up or 24 hours after the
Customer is notified that the goods are ready, whichever is sooner. In
the event Customer defaults on this Agreement, either by failing to pay
in accordance with the terms of any agreements with Copy Cat Printing or
through its failure to honor any other obligations recited herein, all
monies which are or which shall become due to Copy Cat Printing arising
out of agreements, or purchase orders existing between Customer and Copy
Cat Printing shall be deemed to be immediately due and owing
irrespective of the payment terms recited on individual contracts,
agreements or purchase orders.
CUSTOMER-FURNISHED MATERIALS: Materials furnished by Customer or
suppliers are verified by delivery tickets. Copy Cat Printing bears no
responsibility for discrepancies between delivery tickets and actual
counts. Customer-supplied paper must be delivered according to
specifications furnished by Copy Cat Printing.
LIABILITY: Customer’s sole remedy for any claim arising out of any
sale or order shall be a refund of monies paid by Customer to Copy Cat
Printing for said materials. Customer expressly waives any claim for
consequential or incidental damages.
INDEMNIFICATION: Customer shall indemnify and hold harmless Copy Cat
Printing from any and all loss, cost, expense and damages (including
court costs and reasonable attorney’s fees) on account of any and all
manner of claims, demands, actions and proceedings that may be
instituted against Copy Cat Printing on grounds of alleging that Copy
Cat 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 Copy Cat Printing contributed to that
matter. UB Customers are responsible for ensuring that no copyright
laws are violated while duplicating materials. 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
Copy Cat Printing, provided that Copy Cat Printing shall promptly
notify Customer with respect thereto, and provided further that Copy Cat
Printing shall give to Customer such reasonable time as the exigencies
of the situation may permit in which to undertake and continue defense
thereof.
TAXES: All amounts due for taxes and assessments will be added to
Customer’s invoice and are the responsibility of the Customer. UB
Customers are only tax exempt when paying with a UB Purchasing card.
All accounts set up with net 30 day terms will not be granted tax exempt
status without a valid “Exemption Certificate” specific to that UB
customer or department. If, after Customer has paid the invoice, it is
determined that more tax is due, then Customer must promptly remit the
required taxes to the taxing authority, or immediately reimburse Copy
Cat Printing for additional taxes paid.