QUOTATIONS, ESTIMATES AND TAXES
A quotation is subject to review if it is not accepted within 7 days, or is returned without a deposit, or work does not commence within 30 days after acceptance, or work does not proceed with continuous production. Creation Arts has the right to invoice for work in process if production is interrupted by customer for more than 7 working days. The prices quoted are based on current material and labor production costs. Price adjustments may be made at the time an order is placed if material and/or labor costs have increased, or if preferential scheduling is required by the customer to meet customer-desired delivery dates. All estimates based on visuals, rough dummies, sketches, copies, etc., whether accompanied by verbal or written specifications, shall be considered only tentative. Estimates are subject to revision upon inspection of the finished artwork or manuscript. Customer will be notified of price changes, if any, before the job is put into final production. Local, state and federal taxes and duties are not included in any price and will be added to all applicable invoices.
CREDIT AND TERMS
All estimates and quotations are contingent upon credit approval by Creation Arts. All customers must deposit: 50% at time of placing order with the balance being due upon delivery (C.O.D.),(unless otherwise provided in writing).No creative writing, designs or other artwork of any kind shall be released from the copyright of Creation Arts for printing or other use until 100% payment has been submitted to Creation Arts.
All charge account must pay by the due date to avoid any finance charges as agreed in the credit application set at 21.6% per annum.
In the event that payment is not made in a timely manner, Customer agrees to pay all reasonable attorney’s fees and court or other collection costs as permitted by law.
RETURNED CHECKS CREATION ARTS
reserves the right to assess a fee for returned checks in the amount of twenty dollars ($20.00) to cover administrative costs and bank charges.
Orders regularly entered, verbal or written, cannot be canceled except upon terms that will compensate Creation Arts for time, labor and materials through the date of cancellation.
Experimental work performed at customer's request, including but not limited to creative writing, sketches, drawings, composition, plates, presswork, photography, mock-up and press proofs, will be charged for at current rates and may not be used without consent of Creation Arts.
Creative writing, sketches, copy, dummies and all preparatory work shall remain the exclusive property of Creation Arts and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by Creation Arts.
Title to design, type, artwork, film, computer design and/or computer diskettes, plates, dies, tools, mock-ups, creative writing and other property created or furnished by Creation Arts with respect to the production of goods shall remain with Creation Arts until such time as customer has remitted total balance due for such specific work to Creation Arts.
Alterations represent work performed in addition to the original specification. Such additional work shall be charged at current rates and be supported with documentation upon request.
Additional costs due to specification deficiencies by customer shall be charged to customer at current rates.
When copy, proofreading, layout, design, composition, selection of paper stock, color of inks, color of foils, etc., are not specified by customer and are left to the discretion of Creation Arts., no further responsibility on the part of Creation Arts will be incurred except the use of reasonable care and good judgment. Any customer alterations from the above will be charged for at current rates.
Proofs shall be submitted for customer approval prior to production of final work. Printing proofs shall be submitted for customer approval upon specific request by customer and shall be charged for at current rates. Corrections are to be made and signed by the customer. If revised proofs are desired,request must be made when proofs are returned to Creation Arts. Errors may occur through production, but Creation Arts cannot be held responsible for errors if the work is printed or otherwise produced pursuant to customer's approval. Any changes, corrections or lost press or production time due to customer's non-availability, change of mind, indecision or delay will be charged at current rates.
Because of difference in equipment, photography, separations, computer technology, computer printing, computer color proofs, paper and other substrates, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and completed job shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to customer upon request and charged at current rates.
PRINTING OVER RUNS OR UNDER RUNS
As it is practically impossible to produce exact quantities, it is agreed that the delivery of more or less than the ordered quantities shall be acceptable and invoiced as follows: Up to and including 10,000, 10%; from 10,001 to 25,000, 5%; from 25,001 to 100,000, 3%; and more than 100,000, 2%. Creation Arts shall bill for actual quantity delivered within this tolerance. If customer requires guaranteed "no less than" delivery, percentage of tolerance of overage must be doubled.
Production schedules will be established and adhered to by customer and Creation Arts provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, acts of government or civil authority, and acts of God or other causes beyond the control of customer or Creation Arts.
Overtime work caused by customer's failure to meet deadlines, delay in returning approved copy, proofs or other materials necessary to complete the work within the time specified shall be charged at current overtime rates, over and above the price quoted herein. When agreed deadline is missed due to customer, no new delivery date is to be assumed without specific rescheduling with Creation Arts.
The price quoted is for multiple shipments of identical product, without storage, and drop-shipped to customer. Proposals are based on continuous and uninterrupted delivery of complete order unless specifications distinctly state otherwise. Title for finished work shall pass to the customer upon delivery, to carrier at shipping point, or upon mailing of invoices for finished work, whichever occurs first.
CUSTOMER FURNISHED MATERIALS
Creative writing, camera copy, film, diskettes, prints, display items, products, color separations, paper stock, illustrations, composition, mock-ups and other customer-furnished materials shall be handled with frugality and to prevent damage or undue spoilage. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items only. The accuracy of quantities indicated on such tickets cannot be verified and Creation Arts cannot accept responsibility for shortage based on supplier's tickets. All shortages and material defects will be reported immediately to customer for his disposition with supplier or freight handler. Wherever possible, Creation Arts will assist customer regarding shortages, damages and materials defects; however, the customer must bear full responsibility when dealing with his supplier. Creation Arts accepts no responsibility for accuracy, suitability or usability of customer-furnished materials.
While Creation Arts will provide temporary storage service free of charge for creative writing, layouts, film and/or other materials necessary to complete a job for customer, as long as space permits, Creation Arts can accept no liability for the safe-keeping of the materials nor the liability for replacing any materials lost or damaged while in Creation Art's storage. Unless specifically provided for in writing, the prices in this proposal do not include a charge for storage of finished, sample, or exhibit goods, nor for the storage of paper or other materials customer may furnish. Charges at current rates will be made for all such property stored at customer's request. Creation Arts shall not be liable for any loss or damage thereto, occasioned by any cause including without limitation fire, water, leakage, theft, negligence, insects, rodents or breakage.
All contracts are made contingent upon wars, strikes, fires, floods, accidents or other emergencies beyond the control of Creation Arts. Every effort will be made to effect delivery at the desired time, however, delivery dates are not guaranteed.
All claims of any kind must be made in writing immediately upon receipt of goods and, in cases of shortages or errors in shipment, must be accompanied by a receiving report showing the number of pieces received and the weight and contents of each piece. Failure to make such claim immediately shall constitute irrevocable acceptance and admission that they fully comply with the terms, conditions and specifications.
SUBCONTRACTORS CREATION ARTS
may subcontract any or all of its obligations but shall remain liable to the customer therefor.
REPRINTS AND SAMPLES
Creation Arts has the privilege of displaying samples of the work for advertising purposes and the right to imprint their name on the sample copies unless expressly prohibited by customers.
LIMITATIONS ON LIABILITY
Creation Art's liability shall be limited to stated selling price of any goods and in no event shall include special or consequential damages, including profits (or profits lost) or claims of any third party with respect to the work.
RIGHT OF REFUSAL
The customer agrees that Creation Arts may refuse at any time to reproduce any Design, photographs or illustrations of any kind that in there sole judgment they believes is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste. The customer agrees to defend Creation Arts. and any or all subcontractors) harmless in any suit or court action brought against him for alleged damages resulting from Creation Arts having printed or reproduced in any manner photographs, illustrations or other materials that is felt by others to be degrading, libelous or harmful to their reputations, images, or standing in the community.
The customer shall indemnify and hold harmless Creation Arts and any or all subcontractors from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Creation Arts on grounds alleging that the said work violates any copyright or proprietary right of any person or that it contains any matter that is libelous or scandalous or invades any person's right to privacy or other personal rights except to the extent that Creation Arts 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.
ALTERATIONS OF CONDITIONS OF AGREEMENT
No alterations of the conditions of this agreement may be considered at any point as having taken place unless specifically stated in writing and signed by both a Creation Arts representative and the customer.
END OF CONDITIONS OF AGREEMENT