Terms and Conditions

1. TERMS OF PAYMENT: Cash with Copy unless credit terms have been established as provided in written correspondence from Century Publishing Company (Provider). All prices included are in US dollars. One and a half percent (1.5%) service charge on invoices not paid within established terms. All amounts due for taxes and assessments will be added to Customer’s invoice and are the responsibility of Customer. No tax exemption will be granted unless an exemption certificate accompanies the purchase order. Customer agrees that as security for payment of any sums due and owing by Customer to Provider, Provider shall have the right to retain possession and shall have a lien on all Customers’ property in Provider’s possession, including work in process and finished work.
2. BREACH: Upon breach of this contract, Provider may recover damages, including reasonable attorney’s fees, costs and interest.
3. DELIVERY PLACE AND SCHEDULE: Delivery shall be F.O.B. Provider’s plant.
4. This Agreement is subject to the Printing and Graphics Industry and Trade Customs.
5. This Agreement shall become null and void if not accepted within 30 days, unless otherwise specified.
6. If any conflict between Customer’s communication and this Sales Proposal, this Sales Proposal will govern.
7. Provider reserves the right to cease production and/or to refuse service or products to any customer, person, or organization due to material and/or actions that Provider finds offensive in any way, at Provider’s sole discretion.  This may include, but is not limited to, pornography, profanity, violence, hate speech, or any other reason Provider chooses, at Provider’s own discretion.  Provider is not responsible, nor can it be held liable in any way, for the consequences of any delays due to Provider’s refusal to print anything offensive.

Trade Customs

ARTWORK, TYPE, PLATES, DIGITAL FILES: All plates, when supplied by Provider, shall remain the exclusive property of Provider unless otherwise agreed upon in writing. All items supplied by Customer must be usable by Provider without alteration or repair. Items not meeting this requirement will be repaired by Provider at Provider’s current rates. It is the Customer’s responsibility to maintain a copy of original digital files. Until Provider can evaluate digital input, no claims or promises are made about the ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. COPYRIGHTED MATERIAL: Customer warrants to have full right to reproduce the subject matter to be printed including written permission to reproduce any copyrighted material. Customer agrees to indemnify and hold Provider harmless of all liability, damages and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. This indemnity shall survive the termination of this agreement. PROOFS: All proofs must be returned to Provider marked “O.K.” or “O.K. with correction” and signed by a duly authorized person. All corrections should be marked exactly on the proof and summarized on the “Proof Revision” form provided. Press Proofs are not included unless specified in the proposal. Due to the difference in equipment and conditions between color proofing and pressroom operations, a reasonable variation between color proofs and the completed work shall be acceptable. PAPER, INK AND SUPPLIES: All paper furnished will be as true to grade, finish and color as mills supply. Provider’s standard ink colors will be used. A reasonable effort will be made to match other colors, however, same cannot be guaranteed. Delivery is subject to the ability to secure required materials or substitute materials acceptable to both parties. ALTERATIONS: All Customer alterations of original specifications that necessitate extra work or material will carry an additional charge at the current rates. DELIVERY: Delivery dates are based on reasonable receipt of copy with no delays in approving layouts, proofs, changes, etc. and subsequent delay in delivery beyond specified delivery date shall not be construed as failure of Provider to perform the terms of the contract. Due to variances in production that may result from Customer’s Production Specifications for the Publication as provided herein, Customer agrees to accept delivery of the Publication if the quantity for any Publication is within 3% over or under the quantity ordered by the Customer. Shortages more than 3% will be dealt with on an individual basis according to industry standards. If the Customer requires a guaranteed quantity, the percentage or tolerance will be stated at the time of quotation for the Publication. Unless notified in writing that the job is unacceptable within 20 days after the delivery, the job will be considered acceptable. In case of controversy as to the acceptability of the work, same shall be determined by arbitration to be conducted as follows: within 48 hours after receipt of written notice by either party requesting arbitration, both parties shall appoint a mutually agreed-upon, qualified party in the printing field to act as Arbitrator. Arbitration, if possible, shall be conducted and closed within 72 hours after appointment of the Arbitrator. Arbitration shall be conducted in accordance with customary procedures for such controversies. Customer must file all claims arising from transit against the carrier. PRICES: Due to fluctuation of labor and material costs, prices are only effective 30 days from the date of proposal, unless otherwise specified. Proposed prices do not include taxes, postage, mail processing fee, freight costs etc unless otherwise specified. IMPRINTS AND SAMPLES: Provider has the privilege of displaying work and placing stickers indicating the company name on the samples. INSURANCE: Provider will insure all work in process. Completed orders, stock, artwork etc. will be stored at Customer’s risk. AGREEMENTS: All agreements are made and all orders accepted contingent upon strikes, fires, accidents, unusual market conditions, or causes beyond our control. Provider warrants only that the work will conform to the Product Specifications contained in the Sales Proposal. Provider’s maximum liability, whether by negligence, contracts, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Provider be liable for specific, individual, or consequential damages. STORAGE: All completed work stored over 30 days will be subject to storage charges. CREDIT POLICY: Provider must be notified within 20 days of publication mail/ship date of quality concerns and/or request for error credit regarding publication. Should a credit be awarded to Customer, it will be based on the printing production cost. FORCE MAJEURE: Neither party will be deemed in default if its delay in performance or failure to perform any of its obligations under the Agreement arises from a cause which is beyond the reasonable control of the party prevented from performing including labor strikes, transportation delays, mechanical or electronic equipment breakdowns, power failures, acts of terrorism and acts of nature. Notwithstanding the above, Customer’s obligation to make all payments in accordance with this Agreement is absolute and will not be excused by force majeure conditions.