Terms and Conditions
Effective December 1, 1998

1. Quotation. A quotation not accepted within 60 days is subject to review. All prices are based on material costs at the time of quotation.
2. Creative Work. Creative work, such as sketches, copy, dummies, and all preparatory work developed and furnished by the printer, shall remain his exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by the printer, and not expressly identified and included in the selling price.
3. Pricing. All color separations, film preparation, film corrections, proof requests, stock and size variations, press approvals, additional bindery services, and final product delivery will be quoted individually and added to the listed prices. Please call for pricing specifics.
4. Furnished Film. All furnished film must be right-reading emulsion down composite negatives, and be accompanied by a color-correct proof produced from the negatives provided. If this proof is not provided, the customer accepts full responsibility for the production costs and printed project including, but not limited to, color, clarity, type, and print registration.
5. Turnaround. Standard turnaround is 2 - 3 working days. RUSH requests are handled according to the shop’s workload at the time of the request. RUSH JOBS ARE CHARGEABLE AT A HIGHER RATE THAT THE PUBLISHED RATE. Please call for pricing specifics.
6. Furnished Artwork. Keylines must be complete. Position stats and tissue overlays indicating color and special instructions are required. Progressive Marketing In Color is not responsible for errors due to improperly prepared artwork.
7. Estimates. All cost estimates, verbal or written are to be considered tentative until the job is in the ship. All estimates are subject to revision upon evaluation of the actual art submitted. The customer will be notified of any changes prior to starting work.
8. Instructions. Proofs and written instructions are requested with all orders. Telephone and other verbal instructions should be followed by written confirmation. Progressive Marketing In Color assumes no responsibility for any verbal misunderstandings.
9. Press Approvals. The cost of press approvals has not been built into Progressive Marketing In Color’s pricing structure. If you desire to press check your work, please specify this request when obtaining a quote. ALL PRESS APPROVALS ARE CHARGEABLE ABOVE AND BEYOND THE PUBLISHED RATES. Please call for pricing specifics.
10. Customer - Furnished Materials. Paper stock, inks, camera copy, film, color separations, and other customer - furnished material shall be manufactured, packed, and delivered to the printer’s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
11. Stored Materials. All filmwork is safely stored for a period of two years, and will be returned upon request. Reprint orders would be accompanied by original film. Film on file after two years will be discarded.
12. Final Approval. Examination of completed work is the responsibility of the client. Progressive Marketing In Color will not be held responsible for errors in filmwork after final client sign-off, whether film is supplied by client or purchased through Progressive Marketing In Color. No claims will be honored after 48 hours of receipt of finished work.
13. Over-runs and Under-runs. Over-runs and under-runs not to exceed 10% on quantities ordered, or the percentage agreed upon, shall constitute acceptable delivery. Printer will bill for actual quantity delivered within this tolerance. If customer requires guaranteed exact quantities, the percentage tolerance must be doubled.
14. Payment Security. As security for payment of any sum due under the terms of an agreement, Progressive Marketing In Color has the right to hold and place a lien on all customer property in our possession. This right applies even is credit has been extended, notes have been accepted, trade acceptances have been made, or payment is guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
15. Tax. All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. Tax exemptions will not be granted until we have received a completed "Exemption Certificate".
16. Customer’s Property. The printer will be maintain fire, extended coverage, vandalism, malicious mischief, and sprinkler leakage insurance on all property belonging to the customer while such property is in the printer’s possession; printer’s liability for such property shall not exceed amount recoverable from such insurance. Customer’s property of extraordinary value shall be insured through mutual agreement.
17. Terms. Payment shall be whatever was set forth in quotation or invoice unless otherwise provided in writing. Claims for defects, damages, or shortages must be made by the customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and admission that they fully comply with the terms, conditions and specifications.
18 Liability. Printers liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost.) As security for payment of any sum due to become due under terms of any agreement, printer shall have the right, if necessary, to retain possession of, and shall have a lien on, all customer property in printer’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.
19. Indemnification. The customer shall indemnify and hold harmless the printer 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, actions, and proceedings that may be instituted against the printer on the 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 any person’s right to privacy or other personal rights, except to the extent that the printer 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 the printer provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.