Terms of Contract: These Terms and Conditions are a complete and exclusive statement of the terms and conditions of the contract between Client and American Print and Bindery, LLC (APB). No additional, different, or inconsistent terms in a purchase order or other document issued by a client are applicable to this transaction unless agreed to in writing by authorized personnel of American Print and Bindery, LLC.
Quotations: Quotations are valid 30 calendar days from issue date and may be amended if order is placed after 30 days. A signed quote or purchase order within 30 days will hold pricing for 60 calendar days from date of issue. Any prices discussed verbally or in writing shall not be considered binding unless they are included on a Quotation on company letterhead.
Purchase Order: Receipt of a purchase order will be presumed to indicate client’s acceptance of the Quotation and these Terms and Conditions. Purchase orders may be in the form of a client purchase order, signed quotation, order submission through the American Print and Bindery Website, hard copy letter, or email indicating acceptance of Quotation.
Acceptance of Orders: Acceptance of orders is subject to credit approval and contingencies such as fire, water, theft, vandalism, acts of God, and other causes beyond the provider’s control. Canceled orders require compensation for costs and obligations incurred prior to cancellation date. All accepted orders will be confirmed via email before work begins.
Accuracy of Specifications: Quotations are based on the accuracy of the specifications provided and American Print and Bindery, LLC reserves the right to re-quote a project at time of submission if construction specifications, shipping requirements, storage requirements, payment terms, or other specifications do not conform to the information on which the original quotation was based. In such cases, Client will be required to approve the new Quotation before work begins.
Preparatory Materials: Dies, tooling, and all other items supplied by American Print and Bindery, LLC remain the exclusive property of American Print and Bindery, LLC unless billed as a separate line item or specified otherwise in preceding specifications.
Change Orders: Client change orders include all work performed in addition to the original specifications. All such work will be quoted and billed additional based on prevailing American Print and Bindery, LLC rates at the time of the change.
Proofs: Proofs, Prepress or other types, will only be supplied as stated on Quotation. Shipping charges for proofs, when applicable, will be included as a line item on the invoice. Hard copy proofs are not required to be returned. When proof approval is required prior to proceeding, approval may be given via email, phone, or hard copy letter. Phone approvals will be confirmed to client via email. Failure to approve proofs in the agreed upon timeframe may affect the production schedule. Changes made at the proofing stage may be billable and charges will be discussed with client when changes are requested.
Color Proofing: Unless explicitly stated, color proofs are not an exact match to final printed color. Color proofs, soft or hard copy, are intended to show placement, position, and size of color elements within the project.
Overruns or Underruns: While every attempt will be made to ship exact quantities as ordered, we reserve the right to ship and invoice up to 10% over or under the quantities ordered.
Materials Supplied by Client: Materials supplied for reference during production will only be returned to the client if requested, in writing, at the time of their submission. Client supplied materials required for production (paper, ink, cloth, etc.) are strongly discouraged and all such items must be discussed during the quoting process. Materials supplied by clients or their suppliers are verified by delivery tickets. American Print and Bindery, LLC bears no responsibility for discrepancies between delivery tickets and actual counts. Supplied stamping dies for reprints are acceptable; however, dies will be inspected after receipt to ensure they are suitable for use in the current production run.
Client’s Property: American Print and Bindery, LLC maintains insurance coverage on work in process property belonging to the client while the property is in American Print and Bindery, LLC’s possession. Client responsible for loss prevention insurance on completed inventory after transfer of title. American Print and Bindery, LLC’s liability for work in process will not exceed the amount recoverable from the insurance.
Delivery: Unless otherwise specified, the price quoted is F.O.B. Shipping Point and does not include delivery or storage. Title, possession, and risk of loss shall pass to client at the F.O.B. Shipping Point. Charges for delivery of materials and supplies from the client to the production facility or from the client’s supplier to the production facility are not included in quotations unless specified. Material or finished goods stored more than 14 days after completion of the project are subject to storage charges at the current prevailing rate.
Production Schedules: Production schedules will be established and followed by both the client and American Print and Bindery, LLC. American Print and Bindery, LLC accepts no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of American Print and Bindery, LLC.
Terms/Claims/Liens: Payment due based on credit terms stated on Quotation unless other terms have been approved. Net terms are based on date of Invoice. Past due Invoices subject to late charge of 1 ½% per month (18% per year). Client will be charged for non-sufficient funds (NSF) fees. Claims for defects, damages, or shortages must be made by the client in writing no later than 14 calendar days after delivery. If no such claim is made, American Print and Bindery, LLC and Client will understand that the completed project has been accepted. By accepting the project, Client acknowledges that American Print and Bindery, LLC’s performance has fully satisfied all terms, conditions, and specifications and no further claims may be made. As security for payment of any sum due under the terms of an agreement, American Print and Bindery, LLC has the right to hold and place a lien on all client property in American Print and Bindery, LLC‘s possession. If payment is not made, the client is liable for all collection costs incurred.
Liability: American Print and Bindery, LLC warrants that the work is as described in the purchase order. American Print and Bindery, LLC warrants only that the work will conform to the description contained in the purchase order. American Print and Bindery, LLC’s maximum liability, whether by negligence, contracts, or otherwise, will not exceed the amount invoiced for the work in dispute. Under no circumstances will American Print and Bindery, LLC be liable for specific, individual, or consequential damages.
Insurance: All work in process is insured by American Print and Bindery, LLC. Completed Orders, stock, artwork, negatives, files, etc. will be stored at the client’s risk.
Indemnification: Notwithstanding the Quotation and acceptance thereof by Client, American Print and Bindery, LLC reserves the right to refuse to print or bind any material it believes is obscene, improper, unlawful or in violation of anyone’s rights. Notwithstanding American Print and Bindery, LLC’s failure to exercise such rights, Client shall indemnify and hold harmless American Print and Bindery, LLC from all loss and liability, including legal costs, attorney fees and damages, resulting from any claims, demands, actions, or proceedings alleging that any printing violates a copyright or proprietary right, or contains obscene, libelous, or scandalous material, or invades a right of privacy or other personal right. American Print and Bindery, LLC shall promptly notify Client of any such claim and Client shall promptly defend the claim at its expense.
Taxes: All amounts due for taxes and assessments will be added to the client’s invoice and are the responsibility of the client. No tax exemption will be granted unless the client’s “Exemption Certificate” (or other official proof of exemption) accompanies the purchase order. If, after the client has paid the invoice, it is determined that more tax is due, then the client must promptly remit the required taxes to the taxing authority, or immediately reimburse American Print and Bindery, LLC for any additional taxes paid.
- Stenographic and clerical errors in the Quotation and/or Acknowledgment may be corrected without liability to American Print and Bindery, LLC.
- If any provision of these Terms and Conditions is found to be unenforceable by a court, the remaining provisions shall remain in full force and effect.
- Failure of American Print and Bindery, LLC at any time to exercise any right does not constitute a waiver of the right.