TERMS AND CONDITIONS
Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety, unless specifically varied in writing by Morgan Printers, Inc..
2. QUOTATIONS AND ESTIMATES
(a) Quotations are based on current costs of materials and services and unless otherwise agreed in writing, are subject to amendment to meet any rise in such costs between the date of quotation and the date of execution, except that such quotation shall be held firm for 30 days.
(b) When quotations are based on specifications, roughs, layouts, samples, dummies or printed, typewritten or other good copy provided by the client, any extra work or cost caused by any variation by the customer of their original instructions or specifications shall be additionally chargeable.
(c) Upon acceptance by the customer, Morgan Printers, Inc. written quotation shall be deemed to have interpreted the customer’s instructions correctly.
3. YOUR SUBMISSIONS
Order processing will begin when the following items are complete:
- Press-ready files are received
- Payment is processed
If requested by the customer, proofs of work will be submitted for the customer’s approval prior to printing. No liability is accepted for any errors not corrected by the customer on proofs.
To ensure proper color matching customer must purchase a press match proof. Customer supplied proofs are not acceptable as they are not calibrated to our presses. Jobs without proofs will be printed following generally recognized industry standards. 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 completed job shall constitute acceptable delivery. Please note that your monitor’s calibration affects what you see on your screen. The colors on the printed products may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, Morgan Printers, Inc. DOES NOT GUARANTEE COLOR MATCHING.
5. PRINT/DELIVERY SCHEDULE
The delivery schedule comes into effect once a proof is approved. If the client chooses “no proof required”, then the delivery schedule comes into effect once the file for the job and payment is received. Turnaround time does not include shipping. Be sure to factor this into your schedule.
6. OUTSIDE WORK
Where the performance of any contract with the customer requires Morgan Printers,Inc. to obtain goods or services from a third party, the contract between us and the customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services and the customer shall bear the full cost of such goods or services.
7. SPECIAL PURCHASES
Dies, knives, engravings or other special materials purchased for the execution of the customer’s order shall be chargeable, but remain the property of Morgan Printers, Inc..
8. OVERS & UNDERS
Morgan Printers, Inc. makes every effort to deliver work in the precise quantity ordered, but the customer agrees to make no claim for damages in the event that the quantity delivered is within 10 percent of the quantity specified. Over-runs or under-runs will not exceed 10 percent of the quantity ordered. Morgan Printers, Inc. will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity the percentage of tolerance must be stated at the time of the quotation.
All claims in respect of work, or the quality or quantity thereof, shall be made in writing within 10 days of receipt by the customer. In the absence of such a claim, the work shall be deemed to have been received, checked and accepted as fully complying with the customer’s specifications.
All funds are taken in USD. Payment must be received before an order is processed unless prior approval has been given or an account has been established. Customers with an account are expected to make payment that is due within 30 days after invoice date. To avoid finance charges, please pay by the due date shown on the invoice; otherwise a finance charge of 1.5% will be charged, which is an Annual Percentage Rate of 18%.
11. REFUSAL OF SERVICE
We reserve the right to refuse any order at our own discretion (e.g., due to inappropriate or distasteful subject matter.)
12. FILE ERRORS
Morgan Printers, Inc. will contact the customer when errors are detected in their supplied files. The customer will be alerted to the issue and given the following choices:
- Resubmit a corrected file (this will be treated as a new order). A $15 processing fee will be charged.
- Request an estimate for Morgan Printers, Inc. to correct the files. This action will require additional payment before the order will proceed.
13. REFUNDS AND CANCELLATIONS
Partial refunds are available on orders that have begun processing but have not gone to press. A refund will be given for the portion of work that has not yet been completed. A $30 processing fee will be charged in such cases. For orders already on the press, no refunds will be given. To cancel an order, call us at 252-355-5588. You will need to provide your order number, which can be found in the subject line of the email that you received with your proof.
Morgan Printers, Inc. shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
15. FORCE MAJEURE
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregiong causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to Morgan Printers, Inc. for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against Morgan Printers, Inc. arising from any circumstance described herein.
16. GENERAL LIEN
In respect of all unpaid debts due from the customer, Morgan Printers, Inc. shall have a general lien on all goods and property in our possession and shall be entitled on the expiration of 14 days (or such other period as we may stipulate) notice to the customer, to dispose of such goods or property as we think fit and to apply the proceeds towards satisfaction of such debts. Such lien shall further extend to all goods produced or supplied by us wheresoever located, for which payment has not been received, and we shall be entitled to enter the customer’s premises and repossess such work and dispose of it, applying the proceeds towards satisfaction of the debt, without that such repossession and or disposition shall annul or diminish in any degree the obligation of the customer with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts and costs of collection thereof.
The provider will retain intermediate materials 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 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.
Notwithstanding that Morgan Printers, Inc. may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such
agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.
18. STANDING MATERIAL
At Morgan Printers, Inc. discretion, all plates, type, cutting forms and other printing materials used in the production may be broken up and/or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of Morgan Printers, Inc.. If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.
19. CUSTOMER’S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER
- Customer’s property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer’s risk and Morgan Printers, Inc. accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
- Unless the customer establishes that Morgan Printers, Inc. has been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.
- Where the customer supplies materials, they shall supply an adequate quantity to provide for in-production run up and spoilage and Morgan Printers, Inc. shall assume that such materials are supplied in the necessary quantity.
The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. 1. 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 in order 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. 2. 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 the legal action; gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. 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.