All goods and/or services sold by Copy Cat Printing to Customer and all purchase orders placed by Customer for such goods and/or services are subject to these Terms and Conditions. Customer agrees that these Terms and Conditions stated herein shall supersede any terms and conditions of any purchase order which are in any way inconsistent or in addition to these Terms and Conditions.
1. ESTIMATES: An estimate not accepted within thirty (30) days is subject to review. All prices are based on material costs at the time of estimate.
2. ORDERS: Copy Cat Printing reserves the right to deny or reject orders for any reason by providing prompt notice to Customer.
3. EXPERIMENTAL WORK: Copy Cat Printing will charge for experimental or preliminary work performed at Customerâ€™s request at current rates and such work may not be used until Copy Cat Printing has been reimbursed in full for the amount of the charges billed.
4. CREATIVE WORK: Creative work such as sketches, copy, dummies and all preparatory work developed and furnished by Copy Cat Printing shall remain its exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by Copy Cat Printing, and not expressly identified and included in the selling price.
5. CONDITION OF COPY: Should the condition of the original copy or media differ from that which had been originally described by Customer and consequently estimated by Copy Cat Printing, the original estimate shall be rendered void and a new estimate issued.
6. PREPARATORY MATERIALS: Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by Customer remain Copy Cat Printingâ€™s exclusive property.
7. ELECTRONIC MANUSCRIPT OR IMAGE: It is Customerâ€™s responsibility to maintain a copy of the original file. Copy Cat Printing is not responsible for accidental damage to media supplied by Customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by Copy Cat Printing, no claims or promises are made about Copy Cat Printingâ€™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: Alterations represent work performed in addition to the original specifications. Such additional work shall be charged at current rates.
9. PRE-PRESS PROOFS: Corrections on proofs are to be made on copy, returned marked â€śO.K.â€ť or â€śO.K. with correctionsâ€ť and signed by Customer. If revised proofs are desired, request must be made when proofs are returned. Copy Cat Printing cannot be held responsible for errors under any or all of the following conditions: if the work is printed per Customerâ€™s O.K.; if changes are communicated verbally; if Customer has failed to return proofs with indication of changes; or if Customer has instructed Copy Cat Printing to proceed without submission of proofs. It is Customerâ€™s responsibility to request a proof.
10. PRESS PROOFS: Unless specifically provided in Copy Cat Printingâ€™s estimate, Copy Cat Printing will charge for press proofs at current rates. Lost press time due to Customer delay, or Customer changes and corrections, will be charged at current rates.
11. COLOR PROOFING: 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 the completed job shall constitute acceptable delivery.
12. OVER-RUNS AND UNDER-RUNS: Over-runs or under-runs, not to exceed
10% on quantities ordered, or the percentage agreed upon, shall constitute acceptable delivery.
13. DELIVERY: The risk of loss of any goods purchased hereunder shall pass to Customer upon delivery to Customer at the designated and agreed location. If Customer is to pick up the goods at Copy Cat Printingâ€™s facility, the risk of loss passes to Customer at pick-up or 24 hours after Customer is notified that the goods are ready, whichever is sooner. In the event Customer defaults on this Agreement, either by failing to pay in accordance with the terms of any agreements with Copy Cat Printing or through its failure to honor any other obligations recited herein, ALL monies which are or which shall become due to Copy Cat Printing arising out of any agreements, or purchase orders existing between Customer and Copy Cat Printing shall be deemed to be immediately due and owing irrespective of the payment terms recited on individual contracts, agreements or purchase orders.
14. CUSTOMER-FURNISHED MATERIALS: Materials furnished by Customer or Suppliers are verified by delivery tickets. Copy Cat Printing bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by Copy Cat Printing.
15. TERMS/CLAIMS: Payment is due 30 calendar days from date of invoice unless otherwise stated. Late payment shall constitute a default of this Agreement and shall be subject to a late charge at a rate equal to one and one half percent (1-1/2%) per month multiplied by the amount which is in arrears. If collection efforts are commenced to enforce Customerâ€™s performance, Customer shall reimburse Copy Cat Printing for all costs and expenses associated with said enforcement, including attorneysâ€™ fees. Copy Cat Printing reserves the right to retain possession of all Customer property in its possession as security for payment of any outstanding amount due. Copy Cat Printing will not invoice a second party, under any circumstance, unless the second party gives approval and has current credit established with Copy Cat Printing. All materials must be inspected by Customer upon receipt. Any claim of shortage, damage, or other deficiencies must be made at delivery or, if not delivered, at pick-up or are waived by Customer. By accepting the job, Customer acknowledges that Copy Cat Printingâ€™s performance has fully satisfied all terms, conditions, and specifications.
16. LIABILITY: Customerâ€™s sole remedy for any claim arising out of any sale or order shall be a refund of monies paid by Customer to Copy Cat Printing for said materials. Customer expressly waives any claim for consequential or incidental damages.
17. INDEMNIFICATION: Customer shall indemnify and hold harmless Copy Cat Printing from any and all loss, cost, expense and damages (including court costs and reasonable attorneysâ€™ fees) on account of any and all manner of claims demands, actions and proceedings that may be instituted against Copy Cat Printing on grounds alleging that Copy Cat 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 personâ€™s right to privacy or other personal rights, except to the extent that Copy Cat Printing contributed to the matter. Customer agrees, at Customerâ€™s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Copy Cat Printing, provided that Copy Cat Printing shall promptly notify Customer with respect thereto, and provided further that Copy Cat Printing shall give to Customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
18. TAXES: All amounts due for taxes and assessments will be added to Customerâ€™s invoice and are the responsibility of Customer. No tax exemption will be granted unless Customerâ€™s â€śExemption Certificateâ€ť (or other official proof of exemption) accompanies the purchase order. If, after Customer has paid the invoice, it is determined that more tax is due, then Customer must promptly remit the required taxes to the taxing authority, or immediately reimburse Copy Cat Printing for any additional taxes paid.
19. PRICES: Copy Cat Printing reserves the right to increase its prices for all services and merchandise without notice. This right is, however, subject to the price change restrictions noted on any estimates generated by Copy Cat Printing. This Agreement shall be binding upon and inure to the benefit of Copy Cat Printing and Customer, and their respective personal representatives, successors and assigns. This Agreement shall be governed by the laws of the State of Maryland. Jurisdiction and venue for any legal action arising out of or relating to this
Agreement shall reside exclusively in the Circuit Court for Baltimore City. The waiver of acquiescence by Copy Cat Printing of strict compliance with any term or condition shall not constitute a waiver of any subsequent default or failure.