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GENERAL TERMS AND CONDITIONS ©2008Agreement between TRIBODA Printing Company Ltd. (here in referred to as TRIBODA) and our CLIENT (here in referred to as CLIENT) GENERAL - This document defines the terms and conditions of our working relationship. All projects or services that TRIBODA provides for CLIENT will be subject to the following: WORKING/BILLING PHASES – For long-term design projects, we handle each project in logical monthly working/billing phases. Any cancelled project is billed only through portions that were actually completed by TRIBODA (unless otherwise specified in writing). Your request to begin work (written or oral) will constitute an agreement between us. PRICING & QUOTATIONS - Quotations are valid for 30 days. CLIENT requested changes, will be billed additionally and may affect the job’s time line. Prices may be revised to reflect increases in material costs occurring between the date of quote and acceptance of the order, are subject to modification or cancellation at any time prior to our acceptance of order, and are subject to change if there are any changes to original instructions. Billing will reflect the actual costs incurred. DESIGN FEE STRICTIRE - Consultation for projects is calculated at $125/hr. Design time is calculated at $78/hr. If the job is cancelled, all Design and Consultation time incurred is charged at $125/hr and is due for payment. Additional fees are quoted per request basis. RUSH/OVERTIME FEES – Quotes are based on a regular production schedule, and may be revised to take into consideration your “Priority Scheduling”. Overtime, rushes; holiday and weekend work necessitated by the CLIENT’s directive may be billed as additional fees. REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by TRIBODA after a proposal/quote has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original quote, we may submit an update memo to you, and/or a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed additionally at standard hourly rates. Calculations of incurred design time are clearly posted on each proof that is sent to CLIENT. SUBMISSION OF ELECTRONIC FILES – All CLIENT submitted electronic files must be prepared to TRIBODA standards. (PDF Format with bleeds as required and CMYK only please) See website for full details. CLIENT is to supply hard copy or a PDF proof of supplied artwork files. TRIBODA is not responsible for any colour shift that occurs in conversions from RGB to CMYK colour modes OR for files sent in color profiles other than sRGB. Additional design charges will be applied if quality or resolution of files supplied does not meet print requirement standards. TRIBODA is not liable for images printing poorly due to the CLIENT providing low or improper resolution images. Additional design fees are applicable for all files not received in proper format. PRINT PRODUCTION - Production of print material requires three full business days for most projects. Large runs and specialty products require extra time. Calculation time for production commences on the next business day upon final proof approval received in writing via email or in person. TRIBODA is not responsible for timelines not being met due to delays in proof approval. OVER RUNS AND UNDER RUNS – The CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. TRIBODA will bill for actual quantity delivered. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation. PROOFING, COLOUR MATCHING & PRINT QUALITY - TRIBODA may not exactly match color and density due to limitations in the proofing and printing process. A reasonable variation in colour between original materials, proofs and the completed order will be considered acceptable print quality. ERRORS AND OMISSIONS - It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, from spelling to technical illustrations. TRIBODA is NOT liable for errors or omissions. CLIENT signature or email approval is required on all mechanicals or artwork prior to release for production or other implementation. CLIENT is required to pay in full for all work produced, including design that was approved by the CLIENT. COMPLAINTS - Must be made within 5 business days of receipt of the job. Orders with manufacturing errors and/or defects will be rerun at no charge to the CLIENT, at the discretion of TRIBODA. TRIBODA’s sole liability shall be limited to reprinting of the order due to a manufacturing defect. INDEMNIFICATION/NATURE OF COPY - The CLIENT is responsible for ensuring that all materials supplied to TRIBODA for reproduction do not violate copyright, trade-mark, service mark, and patent infringement regulations. All aforementioned liabilities lie solely with the CLIENT. The CLIENT will indemnify and hold harmless TRIBODA from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by the CLIENT. The CLIENT is also responsible for arranging any necessary legal clearance of materials we prepare. RIGHTS OF OWNERSHIP – Design reproduction rights remain solely with TRIBODA. Triboda will grant a limited copyright of flattened image files of created artwork to the CLIENT only if requested. Design files are released to the CLIENT, only if requested, in flattened form after fees for files are paid in full along with any additional handling fees for file format types or specific file methods requested by CLIENT. Artwork created by Triboda may not be registered as original artwork by CLIENT or another user. TRIBODA reserves the right to photograph, distribute or publish for our firms promotional and marketing needs any work we create for CLIENT. We agree to store digital files for 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them. Triboda is not liable in an unexpected event of data loss. TERM AND TERMINATION – Upon termination of this agreement, TRIBODA will transfer to CLIENT any requested CLIENT supplied property and materials in our control at the expense of the CLIENT. CLIENT will indemnify and hold TRIBODA harmless for any loss or expense (including attorney’s fees), and agree to defend TRIBODA in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to ascertainment made against CLIENT and any of its products and services arising from the publication of materials that we prepare and the CLIENT approves before publication. DELIVERY & SHIPPING - All posted turnaround times are approximate and although TRIBODA will make every effort to meet these delivery times, TRIBODA will not be liable for any costs or damages resulting from deliveries made later than expected. Delays or damage during shipping are the sole responsibility of the carrier providing shipping services. TRIBODA is not responsible for timelines not being met due to delays in proof approval. PROPERTY AND SUPPLIER’S PERFORMANCE – If the CLIENT supplies their own vendors or substrates, the CLIENT is responsible for all warranties of material and product. Triboda is not in any way responsible for quality, price, performance or delivery. Triboda maintains the right to refuse service on poor quality substrate. Additional substrate must be made available for setup requirements of a print job created on supplied substrate. TERMS OF SALE - TRIBODA accepts cash, cheques, Visa and MasterCard. All orders over $500 require a 50% non-refundable deposit upon placing an order with balance being COD. In the event of changes or cancellation of order, any remaining deposit, after expenses and all product created has been paid, will be held at TRIBODA for credit for future purchases. Only customers that have submitted and been approved for credit terms are permitted a net 30 days payment. Interest on past due balances is 3.5% per month. In the event of non-payments that lead to dispute and/or litigation, the CLIENT agrees to pay all legal and collection fees incurred by TRIBODA. Any litigation shall be completed in Vernon B.C. We reserve the right to refuse completion or delivery of work until past due balances are paid. In the event that a personal or company cheque is returned for non-sufficient funds, the CLIENT will be required to pay a $45.00 NSF fee to TRIBODA Printing Company. Engagement with TRIBODA acknowledges the CLIENT UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS STATED IN THIS DOCUMENT. |
