Exact color cannot be guaranteed. Calibration of machinery may differ which may cause colors to vary in shade. 3. All files saved in RGB will be converted to CMYK, files saved in RGB will lose color once they are converted to CMYK.
Unless otherwise specified, the price quoted is for a single shipment, without storage. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the supplier will charge accordingly at current rates. Charges for delivery of materials and supplies from the client to the supplier, or from the client's representative to the supplier, are not included in quotations unless specified. Title for finished work passes to the client upon delivery to the carrier at shipping point, or upon mailing of invoices for the finished work or its segments, which ever occurs first. Orders received after 4:00 PM Pacific time will be processed the next business day.
Electronic Manuscript or Image:
It is the client's responsibility to maintain a copy of the original file. The supplier is not responsible for accidental damage to media supplied by the client or for the accuracy of furnished input or final input. Until digital input can be evaluated by the supplier, no claims or promises are made about the supplier'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 client-supplied files may be billable.
The client agrees to protect the supplier from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
The client warrants that the subject matter to be printed is not copyrighted by a third party. The client 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 client 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 client agrees to indemnify and hold the supplier 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 client 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 client will, at the client's sole expense, promptly and thoroughly defend the supplier in all legal actions on these grounds as long as the supplier promptly notifies the client of the legal action and gives the client reasonable time to undertake and conduct a defense. The client reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.
Acceptance of order shall not be effective until acceptance by supplier. Acceptance by supplier may be either by notification to client or by commencing to produce work on the merchandise ordered. CANCELLATION PERIOD NONE; Due to the turnaround time, we are unable to cancel an order once the order has been received.
Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by the supplier remain the supplier's exclusive property.
Production schedules will be established and followed by both the client and the supplier. 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 the supplier. In such cases, schedules will be extended by an amount of time equal to delay incurred.
All amounts due for taxes and assessments may be billable to the client's invoice and are the responsibility of the client. 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 client has paid the invoice, it is determined that more tax is due, then the client must promptly remit the required taxes to the taxing authority, or immediately reimburse the supplier for any additional taxes paid.
Unless otherwise agreed, the client may pay for all transmission charges. The supplier is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
Terms / Claim / Liens:
Payment is due in full at time at time of order. Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, the supplier and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that the supplier's performance has fully satisfied all terms, conditions, and specifications. The supplier's liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damage or as specified. As security for payment of any sum due under the terms of an agreement, the supplier has the right to hold and place a lien on all client property in the supplier'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 client is liable for all collection costs incur.
You, the Client, understand that you are not an agent or employee of KM PRINTING (here forth known as "Company", you are an independent contractor/agent. Except as the Company may specifically authorize in writing, you shall have no right to enter into any contracts or commitments in the name of or on behalf of the Company, or to pledge the Company's credit, or to extend credit in the Company's name, or bind it in any respect whatsoever. You are not authorized to incur obligations on behalf of or in the name of the Company, or to accept payment from any party of any obligations, which may be due to the Company; nor are you authorized to make any representations, guarantees or warranties with respect to any product or service of the Company.