Invoice Terms & Conditions
Graphic Communications Business Practices Jointly adopted in 1994 by all major industry trade associations including: International Digital Imaging Association Graphics Arts Technical Foundation National Association of Printers & Lithographers Printing Industries of America
1. QUOTATION A quotation not accepted within 30 days may be changed.
2. ORDERS Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond Allegra’s control. Canceled orders require compensation for incurred costs and related obligations.
3. EXPERIMENTAL WORK Experimental or preliminary work performed at customer’s request will be charged to the customer at Allegra’s current rates. This work cannot be used without the provider’s written consent.
4. CREATIVE WORK Sketches, copy, dummies, and all other creative work developed or furnished by Allegra are Allegra’s exclusive property. Allegra must give written approval for all use of this work and for any derivation of ideas from it.
5. ACCURACY OF SPECIFICATIONS Quotations are based on the accuracy of the specifications provided. Allegra can re-quote a job at the time of submission if copy, film, tapes, disks or other input materials don’t conform to the information on which the original quotation was based.
6. PREPARATORY MATERIALS Art work, plates, negatives, positives, tapes, disks, and all other items supplied by Allegra remain Allegra’s exclusive property.
7. ELECTRONIC MANUSCRIPT OR IMAGE It is the customer’s responsibility to maintain a copy of the original file. Allegra is not responsible for accidental damage to media supplied by the customer or for the accuracy of the furnished input or final output. Until digital input can be evaluated by the provider, no claims or promises are made about Allegra’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.
8. ALTERATIONS/CORRECTIONS Customer alterations include all work performed in addition to the original specifications. All such work will be charged at Allegra’s current rates.
9. PREPRESS PROOFS Allegra will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to Allegra on a “master set” marked “O.K.” “O.K. with corrections” or “Revised Proof Required” and signed by the customer. Until the master set is received, no additional work will be preformed. The provider will not be responsible for undetected production errors if: • proofs are not required by the customer • the work is printed per the customer’s OK • requests for changes communicated orally
10. PRESS PROOFS Press proofs will not be furnished unless they have been required in writing in the provider’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during makeready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at Allegra’s current rates.
11. COLOR PROOFING Because of differences in equipment, paper, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance.
12. OVER-RUNS OR UNDER-RUNS Over-runs or under-runs will not exceed 10 percent of quantity ordered. The provider will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of the quotation.
13. CUSTOMER’S PROPERTY Allegra will only maintain fire and extended coverage on property belonging to the customer while the property is in Allegra’s possession. Allegra liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is required in writing, and if the premium is paid to Allegra.
14. DELIVERY Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Allegra platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Allegra will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Allegra, or from the customer’s suppliers to Allegra, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point, or upon mailing of invoices for the finished work or its segment, whichever occurs first.
15. PRODUCTION SCHEDULES Production schedules will be established and followed by both the customer and Allegra. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no 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 Allegra. In such cases, schedules will be extended by an amount of time equal to delay incurred.
16. CUSTOMER-FURNISHED MATERIALS Materials furnished by customers or their suppliers are verified by delivery tickets. Allegra bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by Allegra. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by Allegra without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by Allegra at Allegra’s current rates.
17. OUTSIDE PURCHASES Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.
18. TERMS/CLAIMS/LIENS Payment is net cash 30 calendar days from the date of invoice. Claims made for defects, damages or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Allegra’s performance has fully satisfied all terms, conditions, and specifications. Allegra’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, Allegra has the right to hold and place a lien on all customer property in Allegra’s possession. This right applies even if credit has been extended, notes have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
19. LIABILITY A. Disclaimer of Express Warranties Allegra warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of work. They are not intended to represent the actual work performed. B. Disclaimer of Implied Warranties Allegra warrants only that the work will conform to the description contained in the purchase order. Allegra’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
20. INDEMNIFICATION The customer agrees to protect Allegra from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer 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. A. Copyrights The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer 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 customer agrees to indemnify and hold Allegra 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. B. Personal or Economic Rights The customer 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 customer will, at the customer’s sole expense, promptly and thoroughly defend Allegra in all legal actions on these grounds as long as Allegra: • promptly notifies the customer of the legal action • gives the customer reasonable time to undertake and conduct a defense. Allegra 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.
21. STORAGE Allegra will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. The provider is not liable for any loss or damage to stored material beyond which is recoverable by Allegra’s fire and extended insurance coverage. All hard copy samples and materials will be disposed of 18 months after delivery date without notice.
22. TAXES All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. 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 customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse Allegra for any additional taxes paid.
23. TELECOMMUNICATIONS Unless otherwise agreed, the customer will pay for all transmission charges. Allegra is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
