1. ACCEPTANCE
Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety, unless specifically varied in writing by Ferguson Printing, Inc. .
2. QUOTATIONS AND ESTIMATES
(a) Quotations are based on current costs of materials and services and unless otherwise agreed in writing, are subject to amendment to meet any rise in such costs between the date of quotation and the date of execution, except tat such quotation shall be held firm for 30 days.
(b) When quotations are based on specifications, roughs, layouts, samples, dummies or printed, typewritten or other good copy provided by the client, any extra work or cost caused by any variation by the customer of their original instructions or specifications shall be additionally chargeable.
(c) Upon acceptance by the customer, Ferguson Printing, Inc. ’s written quotation shall be deemed to have interpreted the customer's instructions correctly.
3. YOUR SUBMISSIONS
Order processing will begin when the following items are complete:
• Press-ready files are received
• Payment is processed
4. PROOFS
If requested by the customer, proofs of work will be submitted for the customer's approval prior to printing. No liability is accepted for any errors not corrected by the customer on proofs.
To ensure proper colour matching customer must purchase a press match proof. Customer supplied proofs are not acceptable as they are not calibrated to our presses. Jobs without proofs will be printed following generally recognized industry standards. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, 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. Please note that your monitor's calibration affects what you see on your screen. The colors on the printed products may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, Ferguson Printing, Inc. DOES NOT GUARANTEE COLOR MATCHING.
5. PRINT/DELIVERY SCHEDULE
The delivery schedule comes into effect once a proof is approved. If the client chooses "no proof required", then the delivery schedule comes into effect once the payment is received. Turnaround time does not include shipping. Be sure to factor this into your schedule.
6. OUTSIDE WORK
Where the performance of any contract with the customer requires Ferguson Printing, Inc. to obtain goods or services from a third party, the contract between us and the customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services and the customer shall bear the full cost of such goods or services.
8. SPECIAL PURCHASES
Dies, knives, engravings or other special materials purchased for the execution of the customer's order shall be chargeable, but remain the property of Ferguson Printing, Inc. .
9. OVERS & UNDERS
Ferguson Printing, Inc. makes every effort to deliver work in the precise quantity ordered, but the customer agrees to make no claim for damages in the event that the quantity delivered is within 10 percent of the quantity specified; credit shall be given for such shortfall and such excess shall not be chargeable.
10. CLAIMS
All claims in respect of work, or the quality or quantity thereof, shall be made in writing within 14 days of receipt by the customer. In the absence of such a claim, the work shall be deemed to have been received, checked and accepted as fully complying with the customer's specifications.
11. PAYMENT
All funds are taken in USD. Payment must be received before an order is processed.
12. REFUSAL OF SERVICE
We reserve the right to refuse any order at our own discretion (e.g., due to inappropriate or distasteful subject matter.)
13. FILE ERRORS
Ferguson Printing, Inc. will contact the customer when errors are detected in their supplied files. The customer will be alerted to the issue and given the following choices:
• Resubmit a corrected file (this will be treated as a new order). A $15 processing fee will be charged.
• Request an estimate for Ferguson Printing, Inc. to correct the files. This action will require additional payment before the order will proceed.
14. REFUNDS AND CANCELLATIONS
Partial refunds are available on orders that have begun processing but have not gone to press. A refund will be given for the portion of work that has not yet been completed. A $15 processing fee will be charged in such cases. For orders already on the press, no refunds will be given. To cancel an order, call us at xxx-xxx-xxxx. You will need to provide your order number, which can be found in the subject line of the email that you received after placing your order.
15. LIABILITY
Ferguson Printing, Inc. shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
16. FORCE MAJEURE
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregiong causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to Ferguson Printing, Inc. . for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against Ferguson Printing, Inc. . arising from any circumstance described herein.
17. GENERAL LIEN
In respect of all unpaid debts due from the customer, Ferguson Printing, Inc. . shall have a general lien on all goods and property in our possession and shall be entitled on the expiration of 14 days (or such other period as we may stipulate) notice to the customer, to dispose of such goods or property as we think fit and to apply the proceeds towards satisfaction of such debts. Such lien shall further extend to all goods produced or supplied by us wheresoever located, for which payment has not been received, and we shall be entitled to enter the customer's premises and repossess such work and dispose of it, applying the proceeds towards satisfaction of the debt, without that such repossession and or disposition shall annul or diminish in any degree the obligation of the customer with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts and costs of collection thereof.
18. WAIVER
Notwithstanding that Ferguson Printing, Inc. . may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.
19. STANDING MATERIAL
At Ferguson Printing, Inc. 's discretion, all plates, type, cutting forms and other printing materials used in the production may be broken up and/or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of Ferguson Printing, Inc. . If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.
20. CUSTOMER'S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER
• Customer's property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer's risk and Ferguson Printing, Inc. . accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
• Unless the customer establishes that Ferguson Printing, Inc. . has been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.
• Where the customer supplies materials, they shall supply an adequate quantity to provide for in-production run up and spoilage and Ferguson Printing, Inc. . shall assume that such materials are supplied in the necessary quantity.