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TERMS AND
CONDITIONS
QUOTATION - A quotation not accepted
within thirty (30) days is subject to review. All prices are based
on material costs at the time of quotation.
ORDERS - Regularly entered orders
cannot be cancelled except upon terms that will compensate Diamond
Business Graphics.
EXPERIMENTAL WORK - Experimental work
performed at customer's request, such as composition, plates,
presswork and materials will be charged for.
PREPARATORY MATERIALS - Working
mechanical art, type, negatives, positives, flats, plates,
engravings, electrotypes, sketches, copy, dummies and all
preparatory work created or furnished by Diamond Business Graphics
shall remain their exclusive property and no use of same shall be
made, nor any ideas obtained therefrom be used, except upon
compensation to be determined by Diamond Business Graphics.
CONDITIONS OF COPY – Upon receipt of
original copy or manuscript, should it be evident that the condition
of the copy differs from that which had been originally described
and consequently quoted, the original quotation shall be rendered
void and a new quotation issued.
ALTERATIONS – Proposals are only for
work according to the original specifications. If through
customer’s error, or change of mind, work has to be done a second
time or more such extra work will carry an additional charge at
prevailing rates for work performed. All corrections made from
original proofs caused by customer’s error or change of mind will be
charged for.
PREPRESS PROOFS – Prepress proofs
shall be submitted with original copy. Corrections are to be on
“master set”, returned marked “O.K.”, and signed by customer. If
revised proofs are desired, request must be made when proofs are
returned. Diamond Business Graphics 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 had not ordered proofs; or if the customer had
instructed Diamond Business Graphics to proceed without submission
of proofs. Diamond Business Graphics reserves the right to submit
proofs, when deemed in the best interest of Diamond Business
Graphics and the customer.
QUANTITIES DELIVERED – Over runs or
under runs of 10% of the amount ordered shall constitute an
acceptable delivery and the excess or deficiency shall be charged
or credited to the customer proportionately, except in the case of
special window envelopes and bags, which may exceed 10%.
CUSTOMER’S PROPERTY – All customer’s
property that is stored with Diamond Business Graphics is at the
customer’s risk and Diamond Business Graphics is not liable for any
loss or damage therto caused by fire, water, leakage, breakage,
theft, negligence, insects, rodents or any other cause beyond
Diamond Business Graphics control. It is understood that the
gratuitous storage of customer’s property is solely for the benefit
of the customer, and may be terminated at any time by Diamond
Business Graphics.
DELIVERY – Unless otherwise specified,
the price quoted is for a single shipment. All estimates are based
on continuous and uninterrupted delivery of complete order. Partial
shipments are not allowed unless expressly agreed to by Diamond
Business Graphics.
DELAYS IN DELIVERY – All agreement are
made on all orders accepted contingent upon strikes, fire, accident
to machinery, wars, flood, labor shortages or other causes beyond
Diamond Business Graphics control.
MISSING NUMBERS – Where unavoidable,
will be listed, or punched in at factory’s option.
COMPLAINTS AND CLAIMS – All claims of
defective merchandise should be made to Diamond Business Graphics in
writing within a period of thirty
(30) days after delivery. Diamond
Business Graphics shall not be liable for any costs for customer
down time, programming time, processing time, or other consequential
damages, including profits (or profits lost). Diamond Business
Graphics liability is limited to cost of or replacement of the
product. Failure to make such a claim with the stated period (30
days) shall constitute irrevocable acceptance and admission that the
product fully complies with terms, conditions and specifications.
ORDER ACKNOWLEDGMENT – All orders will
be acknowledged by us. It is the customer’s responsibility to check
specifications on our acknowledgment carefully to insure correctness
of our interpretation. Any discrepancies must be corrected
immediately because of our production schedule.
INDEMNIFICATION – The customer shall
indemnify and hold harmless Diamond Business Graphics 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, and actions and proceedings that may be instituted
against Diamond Business Graphics 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 and person’s right to privacy or other
personal right, except to the extent that Diamond Business Graphics
contributed to the matter. The customer agrees, at the customer’s
own expense, to promptly defend and continue the defense of any such
claim, demand, action or proceeding that may be brought against
Diamond Business Graphics provided that Diamond Business Graphics
shall promptly notify the customer with respect thereto, provided
further that Diamond Business Graphics shall give to the customer
such reasonable time as the exigencies of the situation may permit
in which to undertake and continue the defense thereof.
ENVELOPE NOTES –
Standard orders are subject to 10% over or under run.
Custom orders of 5,000 to 25,000 are subject to 25% over or under.
Custom orders of less than 5,000 are subject to 50% over or under.
More than 25,000 will be subject to 10% over or under.
Manufacturing tolerance for envelope size, window size and position
is 3/32”.
PRICES – Are subject to change without
notice and any stenographic or clerical errors are subject to
correction.
TERMS – Diamond Business Graphics
terms are net 10.
TAXES – All taxes applicable will be
added to the invoice.
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