1. QUOTATIONS: If changes occur in cost of material, labor or other cost prior to
acceptance, the right is reserved to change the price quoted. Quotations do not
include postage, customers’ shipping cost or applicable taxes unless speciﬁed
2. CANCELLATION: After acceptance, order may be cancelled by the customer
at any time by notice in writing, with the understanding that Vendor will be com-
pensated in full for any work or services performed prior to cancellation.
3. ALTERATIONS/SPECIFICATIONS: Prices quoted herein are based upon
Vendor’s understanding of the speciﬁcations submitted. If there are changes in
speciﬁcations or instructions resulting in additional cost, the work performed will
be billed at the current rates.
4. DELIVERY: Unless otherwise speciﬁed, the price quoted does not include
delivery to the customer. All estimates are based on continuous and uninterrupted
production and delivery of complete order, unless speciﬁ cations distinctly state
Shipping charges from customer to plant, or from supplier to plant are not
included in any quotations, unless speciﬁed.
At customer’s request, special priority pickup or delivery service by outside
services will be provided at prevailing rates.
5. ACCEPTANCE OF ORDER: The customer agrees that Vendor may refuse
at any time to print or mail any copy, photographs or illustrations of any kind that
in its’ sole judgment, it believes, is an invasion of privacy, is degrading, libelous,
unlawful, profane, obscene or pornographic; and tends to ridicule or embarrass,
or is in bad taste, or which in its’ sole judgment is an infringement on a trade
mark, trade name, or copyright, belonging to other.
The customer also agrees to indemnify and hold Vendor harmless for damages,
costs and reasonable attorney fees, resulting from Vendor’s printing, shipping,
addressing, distributing, labeling, or mailing of customer’s material under this
order, or any failure on the part of the customer to perform or comply with any
conditions of this order.
6. CLAIMS: Work performed shall be deemed to be acceptable to customer un-
less advised in writing, postmarked or faxed within 2 days of pickup or delivery
of the job.
7. LIMITATION OF LIABILITY: Any liability of Vendor for damages resulting
from (i) errors in printing, (ii) any late mailing, shipping or distribution of, or (iii)
the failure to mail, any advertisement, pre-print or other materials provided to
Vendor (hereafter “materials”), that Vendor has agreed to address, label, mail,
ship, print or distribute, shall be limited to the amount Vendor actually received
in consideration for the work performed to address, label, mail, ship, print, or
distribute the materials in question.
VENDOR SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, SUFFERED BY ANY PARTY RESULTING
FROM ITS ERROR, DELAY OR OMISSION IN MAILING, SHIPPING, PRINTING
OR DISTRIBUTING THE MATERIALS OR FOR ANY OTHER CAUSE.
8. FORCE MAJEURE: If performance of the Vendor is delayed by reason of
ﬁre, war, civil disturbance, strike, damage by the elements, or other casualty,
condemnation, governmental actions, interruptions of power or communication,
transportation problems, or any other cause beyond Vendors reasonable control,
such nonperformance shall not be a default hereunder and the limit of
performance shall be extended for a period which is reasonable in light of such delay.
9. PROTECTION OF CLIENT DATA: Customer and Vendor understand that in
connection with this Order, customer may ﬁ nd it necessary to disclose to Ven-
dor customer’s client data, business processes and/or other sensitive business
information (the “information”) which customer considers conﬁdential prior to its
delivery to Vendor. In connection with any such conﬁ dential information Vendor
agrees to make all reasonable efforts to maintain its conﬁ dentiality, including
using and requiring its employees to use the same degree to care to protect the
information as is used to protect Vendor’s own conﬁdential information. Vendor
shall not be responsible for any special, incidental or consequential damages
suffered by customer as a result of vendor’s breach of the provisions of the
covenant or from any other cause.
10. INVOICE TERMS: Credit terms of payment are net 30 days from the date of
completion. All unpaid invoices over 30 days are subject to a service charge of
1-1/2% per month on the outstanding balance unless otherwise stated on order.
Purchaser must qualify for credit. Cando does not offer cash refunds. All
adjustments to be applied as credit.
11. PAST DUE COLLECTIONS: Customer agrees to pay late fees and court
cost and attorney fees and collection agency fees. This contract is governed
by laws and jurisdiction of Arizona.
12. EXPERIMENTAL WORK: Sketches, drawings, layouts, copy, writing, and
other experimental work, including presswork and materials supplied by vendor,
will be charged for at current rates. Such layouts, sketches, copy and drawings are
the property of Vendor and no use of them shall be made and no idea obtained
therefrom, shall be used, except upon Vendor’s prior written permission.
13. ARTWORK, PLATES: All art, computer ﬁles, mechanical pasteups, lithograph
and plates supplied by Vendor are Vendor’s property unless speciﬁed other-
14. PROOFS: Proof approval by customer is necessary prior to any processing.
Digital format and press proofs are available upon request (and waiver of our
liability for error), Customer will proofread and approve (sign off) proof. A proof
waiver is available. The vendor will proof as a convenience for the customer,
particularly in connection with orders with a tight deadline, but Vendor does not
15. SKETCHES, COPY DUMMIES: All preparatory work created or furnished
by Vendor shall remain vendor’s exclusive property and no use of same shall be
made, to any ideas obtained from there used, except upon compensation to be
determined by Vendor.
16. PRESS PROOFS: An extra charge will be made for press proofs, unless the
customer is present when the form is made ready on the press, so that no press
time is lost. Presses standing, awaiting approval of customer, will be charged at
current rates for the time so consumed.
17. DEADLINES: Delays in production due to the customer’s actions or inactions
may result in a extension of deadline(s) and/or adjustment in price.
18. OVER RUNS OR UNDER RUNS: Not to exceed 10% on quantities ordered
unless otherwise agreed upon by customer and Vendor. If under run occurs ven-
dor will pro rate and credit invoice. If customer requires “no less than” quantity
order, or printed material is to be mailed, the Vendor will require sufﬁ cient over
run which the customer will be charged for at current rates.