Terms and Conditions
TERMS AND CONDITIONS OF ALL ESTIMATES AND SALES BETWEEN YANKEE DOODLE, INC. d/b/a GREENWORX PRINTING (THE “PROVIDER”) AND IT’S CUSTOMERS (Revised 6/2016)
1. ESTIMATES - An estimate not accepted within 30 days may be changed.
2. ORDERS - Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider’s control. Canceled orders require compensation for incurred costs and related obligations.
3. 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 cannot be used without the provider’s written consent.
4. CREATIVE WORK - Sketches, copy, dummies, electronic art, PDFs 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.
5. ACCURACY OF SPECIFICATIONS - Estimates are based on the accuracy of the specifications provided. The provider can submit a revised estimate for a job at time of submission if copy, film, tapes, disks, or other input materials don’t conform to the information on which the original estimate was based.
6. PREPARATORY MATERIALS - Artwork, type, plates, negatives, positives, tapes, disks, physical and/or electronic files, samples, tooling and dies, and all other items supplied by the provider, whether charged or not to the customer either directly or indirectly, remain the provider’s exclusive property.
7. ELECTRONIC MANUSCRIPT OR IMAGE - 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 output. 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 the provider’s current rates.
8. 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.
9. PREPRESS PROOFS - The provider will submit prepress proofs for the customer’s review and approval. These prepress proofs must be approved and returned to the provider marked “O.K.,” or “O.K. with corrections,” and signed by the customer, or approved by reply email if provided electronically. Until the approved prepress proof is returned to the provider, no additional work will be performed. The provider will not be responsible for undetected production errors if:
*prepress proofs are not required by the customer;
*the work is printed per the customer’s O.K.;
*requests for changes are communicated orally.
Proofs returned to the provider marked “Revised proof required” will not be considered approved, and the provider will submit new prepress proofs for approval per the above outlined procedure. Customer provided print-ready files (i.e. PDFs, etc.) are not exempt from prepress proof requirements.
10. PRESS PROOFS - Press proofs will not be furnished unless they have been required in writing in the provider’s estimate. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during makeready.
Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at the provider’s current rates.
11. COLOR PROOFING- Because of differences in equipment, paper, inks, toner, 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 variation of this kind occurs, it will be considered acceptable performance.
12. PLEASING COLOR AND OTHER WORK - Color accomplished on the provider’s equipment is deemed to be pleasing color. Pleasing color is defined as work which will look very good to the general consumer by eye, but it may not match the original perfectly. Further, all copies may not be exactly the same color as color will vary during the run length, but the typical customer is generally very pleased with pleasing color. Pleasing color is NOT printing faces, food, furniture, clothing, etc. that requires exact matches and complete consistency within the run. Other work utilizing spot colors are subject to the same general limitations with regards to exact matches and consistency within a run of work, as well as variations that occur when mixing PMS colors batch to batch and from suppliers to the provider, as well as the conversion of PMS colors to their CMYK equivalent.
13. OVERRUNS OR UNDERRUNS - Overruns or underruns will normally not exceed 10 percent of the quantity ordered. The provider will bill for actual quantity delivered within this tolerance, which will be held “best effort” by the provider. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of estimate.
14. CUSTOMER’S PROPERTY - The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’s liability for this property will not exceed the amount
recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to the provider.
15. DELIVERY - Unless otherwise specified, the price estimated is for a single shipment, without storage, F.O.B. provider’s platform. Estimates are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider, are not included in estimates unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon delivery to the customer’s facility or other destination designated by the customer; or upon mailing of invoices for the finished work or its segments, whichever occurs first.
16. PRODUCTION SCHEDULES - Production schedules will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation.
There will be 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 the provider. In such cases, schedules will be extended by an amount of time equal to delay incurred.
17. CUSTOMER-FURNISHED MATERIALS - We normally do not accept work to be performed on customer-furnished materials, and fully reserve the right to accept or reject jobs that require the use of customer-furnished materials. If accepted, materials furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the provider. These specifications may include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by the provider without alterations or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider’s current rates. Customer-furnished garments must be delivered according to specifications furnished by the provider, including correct weight, thickness, fabric content, finish and other technical requirements. Absolutely no warranty is provided on work performed on customer-furnished materials.
18. OUTSIDE PURCHASES - Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
19. TERMS/CLAIMS/LIENS - Payment is net cash 20 calendar days from date of invoice for customers with approved credit. Claims for defects, damages or shortages must be made by the customer in writing no later than 10 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 estimated selling price of defective goods, without additional liability 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. Any claim shall be governed by the substantive laws of the state of Texas. Any civil action or proceeding shall be brought in the courts of record of the state of Texas in Navarro County. The customer and the provider each consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such civil action or proceeding in such courts.
1. Disclaimer of Express Warranties: 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. Absolutely no warranty is provided on work performed on customer-furnished materials.
2. 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 dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages. Absolutely no warranty is provided on work performed on customer-furnished materials.
21. INDEMNIFICATION - 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
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.
22. STORAGE - The provider will retain intermediate materials (i.e. film or plates) 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.
23. TAXES - 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.
24. TELECOMMUNICATIONS - Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
25. ADVERTISING - The customer agrees that, unless otherwise requested in writing in advance of production of their work, the provider may use the material, without limitation, in the normal course of promoting it’s business, such as in advertising,
brochures, trade shows and sample packets.
26. PRINTED GARMENTS - All garments will vary from manufacturer to manufacturer, and in lots from the same manufacturer, with regards to cut, fabric and color from dye lot to dye lot, and as such, these variations are not considered to be defects.
The provider is not responsible for normal wear and tear of garments, and premature wear and tear of garments and/or fading or deterioration of the fabrics and the printed images if the following instructions are not followed by the customer:
“Care Instructions: To extend the life of the garment and minimize fading of the decoration and fabric, please machine wash cold water on the Delicates cycle inside-out with like colors using a liquid laundry detergent such as Cheer® Stay Colorful™.
Use only non-chlorine bleach when needed. Tumble dry low or hang dry. Iron from the reverse side only on the lowest heat setting if necessary. Many items are pretreated with a spray-on primer to prepare the material for decoration. Residue from this
process may be visible and/or have a vinegar-like odor, but should wash out after several cleaning cycles. Those with sensitive skin should pre-wash the garment prior to wearing to avoid any possibility of irritation. Please see the manufacturer’s label inside for additional information.” Care instruction tags are attached to garments by the provider whenever possible.