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TERMS & CONDITIONS
All sales transactions are final. Prices are based on our present costs of labor and materials. Submission of your order is acceptance and shall constitute a contract between us. All printing is custom work. A 10% over/under print runs shall constitute acceptance unless otherwise indicated. Pricing may not include Freight, Express delivery, or Courier charges, plus any applicable Sales Tax. All applicable laws apply Los Angeles County, State of California. I purchaser, name that appears on Credit Card provided, or Check signature, sent, personally guarantee any and all payments associated with this purchase.

QUOTATIONS/ESTIMATES
A quotation not accepted within 30 days may be changed.

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 the provider's control. Canceled orders require compensation for incurred costs and related obligations.

EXPERIMENTAL WORK
Experimental or preliminary work performed at the customer's request will be charged to the customer at the provider's current rates. This work may not be used without the provider's written consent.

CREATIVE WORK
Sketches, copy, dummies, and all other creative work developed or furnished by the provider are the provider's exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it.

ACCURACY OF SPECIFICATIONS
Quotations are based on the accuracy of the specifications provided. The provider 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.

PREPARATORY MATERIALS
Artwork, type, plates, negatives, positives, tapes, disks, and other items supplied by the provider shall remain the provider's exclusive property.

ELECTRONIC MANUSCRIPTS/IMAGES
It is the customer's responsibility to maintain a copy of the original file. The provider 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 the provider, no claims or promises are made about the provider'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.

ALTERATIONS/CORRECTIONS
Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider's current rates.

PREPRESS PROOFS
The provider will submit prepress proofs, e-mal (PDF), hard proofs, for the customer's review and approval. Corrections will be returned to the provider on a "master set" marked "O.K.," "O.K. With Corrections" or "Revised Proof Required" and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if:

  • Proofs are not required by the customer
  • The work is printed per the customer's OK
  • Requests for changes are communicated verbally

COLOR PROOFING
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance.

OVERRUNS/UNDERRUNS
Overruns or underruns will not exceed 10 percent of the quantity ordered. The provider 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.

CUSTOMER'S PROPERTY
The provider will not maintain insurance coverage on property belonging to the customer while the property is in the provider's possession. Customer supplied disks may be returned upon customer request. Customer shall make back up copies of files, should provider files become lost or misplaced.

DELIVERY
F.O.B. the provider's platform. Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing, and payment of invoices for the finished work or a portion thereof, whichever occurs first. All UPS, Federal Express, or Private Trucking company shipping charges, are the sole responsibility of the customer, personally guaranteed, regardless of Federal Trucking, and Shipping trade laws.

PRODUCTION SCHEDULES
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 the provider.

PURCHASES
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.

TERMS/CLAIMS/LIENS
Payment is net cash with submission of order. Claims for defects, damages, must be made by the customer in writing no later than 3 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider's performance has fully satisfied all terms, conditions, and specifications. The Provider's Liability will be limited to the quoted selling 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, the provider has the right to hold and place a lien on all customer property in the provider'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.

LIABILITY

  • DISCLAIMER OF EXPRESS WARRANTIES.
    The provider 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.
    The Provider warrants only that the work will conform to the description contained in the purchase order. The provider'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 the provider be liable for specific, individual, or consequential damages.

INDEMNIFICATION
The customer agrees to protect the provider from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold the provider harmless and save, indemnify, and otherwise defend the provider against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

  • 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 the provider 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.
  • 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 the provider in all legal actions on these grounds as long as the provider:
    • Promptly notifies the customer of legal action.
    • Gives the customer reasonable time to undertake and conduct a defense.
The provider reserves the right to use its sole discretion in refusing to print anything the provider deems libelous, scandalous, improper, or infringing on copyright law.

STORAGE
The provider will retain intermediate materials 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. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider's fire and extended insurance coverage.

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 the provider for any additional taxes paid.



Breene Graphics Printing | 9510 Vassar Avenue | Chatsworth, California | 91311 | U.S.A.
Phone: 818-885-7900 | FAX: 818-885-7979 | eMail:
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Copyright © 1954-2017 Breene Graphics, Inc. All rights reserved.
Reproduction in whole or in part, not limited to Intellectual Property, Trademarks, Software, Code, without permission is prohibited.
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Terms & Conditions