Please pay special attention to the underlined areas: items 8 thru 10 and 19.
We cannot stress this enough: When a customer APPROVES a proof, if there are mistakes in that proof, even if there are mistakes that the printer made, those mistakes are NOT the responsibility of the printer. We give you a proof in order to check ALL work, yours and ours. So please, look over your proof CAREFULLY. We CANNOT reprint any orders if mistakes in the finished books WERE ALSO IN THE PROOF. This policy is not unique to KD Press, it is universally accepted by printers everywhere. We want you to be happy with your books, so please, take the time to look over your proof thoroughly before approving it.
1. Quotations/Estimates ~ 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, act of God, and other causes beyond KD Press's control. Canceled orders require compensation for incurred costs and related obligations.
3. Experimental Work ~ Experimental or preliminary work performed at the customer's request will be charged to the customer at KD Press's current rates. This work may not be used without KD Press's written consent.
4. Creative Work ~ Sketches, copy, dummies, and all other creative work developed or furnished by KD Press are KD Press's exclusive property. KD Press 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. KD Press can requote a job at the time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.
6. Venue ~ In the event of suit regarding this contract, then venue and jurisdiction therefore shall be in either the Superior or Municipal Court, as appropriate, of the county of Chester, PA. The parties agree and stipulate that the essential terms of this contract are to be performed in said County.
7. Electronic Manuscripts/Images ~ It is the customer's responsibility to maintain a copy of the original file. KD Press is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by KD Press, no claims or promises are made about KD Press'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 KD Press's current rates.
9. PDF Proofs and Printed Proofs ~ KD Press will submit PDF proofs (soft proofs) for the customer's review and approval. Upon request, KD Press can also provide a Printed Proof after the PDF Proof has been approved. In both cases, the customer should examine the proofs carefully, and respond with either "Approved -- Okay to print as is" or "Rejected -- corrections required." All corrections must be submitted in writing, and sent in a single email to KD Press. Multiple emails will delay your order, and may incurr additional costs.
10. Undetected errors ~ KD Press will not be responsible for undetected production errors if:
-- Proofs are not required by the customer, or
-- The work is printed per the customer's OK, or
-- Requests for changes are communicated verbally.
11. Color Proofing ~ If you have critical color-matching requirements on your order, KD Press highly recommends that you request a Printed Proof. Because of differences in the way monitors display color and the way printing presses print color, a variation in color between the customer's monitor and the completed job is to be expected. When a color variation of this kind occurs, it will be considered acceptable performance.
12. Overruns/Underruns ~ Overruns or underruns will not exceed 10 percent of the quantity ordered. KD Press will bill for the actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
13. Customer's Property ~ KD Press will only maintain fire and extended coverage on property belonging to the customer while the property is in KD Press's possession. KD Press's liability for such property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing and if the premium is paid to KD Press.
14. Delivery ~ Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Origin ( “FOB Origin” refers to the legal fact that the buyer assumes title of the goods the moment the freight carrier picks up and signs the bill of lading at the origin pick-up location) KD Press's platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, KD Press will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to KD Press or from the customer's supplier to KD Press are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first.
15. Production Schedules ~ Production schedules will be established and followed by both the customer and KD Press. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of KD Press. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
16. Customer-Furnished Materials ~ Materials furnished by customers or their suppliers are verified by delivery tickets. KD Press bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by KD Press. 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 KD Press without alteration or repair. Items not meeting this requirement will be repaired by the customer or by KD Press at KD Press's current rates.
17. Outside Purchases ~ Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
18. Payment Terms ~ Payment is net cash, and must be paid in full before we begin production of your full order. We accept Visa, MasterCard, Discover and American Express. Regular checks and money orders can also be sent, but this may delay your order. All unpaid invoices are subject to a finance charge of 2% per month.
19. Claims for defects ~ Claims 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, KD Press and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that KD Press's performance has fully satisfied all terms, conditions, and specifications. KD Press's Liability will be limited to the quoted printing and binding price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, KD Press has the right to hold and place a lien on all customer property in KD Press's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
20. Liability ~ Disclaimer of Express Warranties ~ KD Press 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 the work. They are not intended to represent the actual work performed.
~ Disclaimer of Implied Warranties ~ KD Press warrants only that the work will conform to the description contained in the purchase order. KD Press's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will KD Press be liable for specific, individual, or consequential damages.
21. Indemnification ~ The customer agrees to protect KD Press from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold KD Press harmless and save, indemnify, and otherwise defend KD Press against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
22. 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 a copyright notice 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 KD Press 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.
23. 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 KD Press in all legal actions on these grounds as long as KD Press promptly notifies the customer of legal action, and gives the customer reasonable time to undertake and conduct a defense. KD Press reserves the right to use its sole discretion in refusing to print anything KD Press deems libelous, scandalous, improper, or infringing on copyright law.
24. Storage ~ KD Press retains copies of production files used 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 an additional charge. KD Press is not liable for any loss or damage to stored material beyond what is recoverable by KD Press's fire and extended insurance coverage.
25. Taxes ~ All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer's invoice. 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 KD Press for any additional taxes paid.
26. Telecommunications ~ Unless otherwise agreed, the customer will pay for all transmission charges. KD Press is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.
27. Preparatory Material ~ Artwork, type, plates, negatives, positives, tapes, disks, computer files and other items supplied by KD Press shall remain KD Press's exclusive property.