WHIPLASH DPS, Inc. has adopted the generally accepted terms for practice and conditions of sale for the graphic arts and printing trade industries as defined below.
Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. The supplier 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.
Client alterations include all work performed in addition to the original specifications. It is customary in the industry to charge for these services
A color proof is used to simulate how the printed piece will look. 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 variation of this kind occurs, it will be considered acceptable performance and the proof becomes a contract between the client and supplier.
Artwork, film, color separations, special dies, tapes, disks or other materials furnished by the client must be usable by the supplier without alteration or repair. Items not meeting this requirement may be repaired by the client or by the supplier and may be billable.
The supplier will only maintain fire and extended coverage on property belonging to the client while the property is in the supplier's possession. The supplier'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 supplier.
The client warrants that the subject matter to be printed is not copyrighted by a third party. The client 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 client 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 client agrees to indemnify and hold the supplier 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.
No use shall be made, except by written permission of the supplier for all use of this work and for any derivation of ideas from it and compensation (if any) to be determined by the supplier.
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. supplier's platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the supplier will charge accordingly at current rates. Charges for delivery of materials and supplies from the client to the supplier, or from the client's representative to the supplier, are not included in quotations unless specified. Title for finished work passes to the client upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or its segments, whichever occurs first.
Disclaimer of Implied Warranties
The supplier warrants only that the work will conform to the description contained in the purchase order. The supplier's maximum liability, whether by negligence, contract or other-wise, will not exceed the amount specified in the contract. Under no circumstances will the provider be liable for spec if-ic, individual or consequential damages.
Electronic Manuscript or Image
It is the client's responsibility to maintain a copy of the original file. The supplier is not responsible for accidental damage to media supplied by the client or for the accuracy of furnished input or final input. Until digital input can be evaluated by the supplier, no claims or promises are made about the supplier's ability to work with jobs submitted in digital format and no liability is assumed for problems that may arise.
It is customary in the industry to charge for experimental or preliminary work performed at a client's request. This work cannot be used without the supplier's written consent.
In some cases, WHIPLASH DPS, Inc. utilizes 'Gang-Run' printers. Gang-run printing is a common trade practice of printers running multiple client jobs/projects at the same time as other customer jobs/projects on the same press sheet in order to maximize productivity and reduce production costs. Because of this production method, there might be slight variations in color or trimming of your project(s). In most cases these variations, if they occur, are minimal and almost unnoticeable per individual piece. WHIPLASH DPS, Inc. works only with those 'gang-run' printers proven to adhere to WHIPLASH DPS, Inc.'s acceptable quality standards within the understood tolerance of those methods. In cases where client's project will be supplied by a gang run printer WHIPLASH DPS, Inc. will inform client of the production method but is under no obligation to do so and is done solely at the discretion of WHIPLASH DPS, Inc..
Outside Vendors/Out of State Vendors
Whiplash Design & Print Services is a print and promotional product service provider. We seek out print and promotional product vendors from across the country to provide our clients with the best selection of quality products at the best prices. We strive to work with only those companies with proven records of quality and consistency, saving you the guess work or gamble of trying to find one on your own. In almost all cases, these vendors have adopted the 'generally accepted terms and conditions of sale for the graphic arts and printing trade industries' as listed within this document. As such, Whiplash DPS, Inc. is subject to each vendors policies and thereby, clients of Whiplash DPS, Inc. are subject to those third party policies. All products provided and shipped by third parties on clients behalf are subject to return(s) and shipping policies as defined in this document.
Returns And Refunds
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit. Customer must notify Whiplash DPS, Inc. within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer's own expense.
Shipping & Delivery
Whiplash DPS, Inc. will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Whiplash DPS, Inc. be liable for any consequential or damages resulting from any delay in shipment or delivery.
All Whiplash DPS, Inc. customers agree not to hold Whiplash DPS, Inc. liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Whiplash DPS, Inc. direct control. Whiplash DPS, Inc. shipment and delivery dates are calculated based upon estimates provided by our suppliers.
Whiplash DPS, Inc. will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Shipping rates for high quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
Shipping Errors and Lost Packages
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. Whiplash DPS, Inc. is not responsible for 3rd party shipping errors, omissions or damaged shipments.
The client agrees to protect the supplier from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client 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.
Liability / Disclaimer of Express Warranties
The supplier warrants that the work is as described in the purchase order. The client understands that all sketches, copy, dummies and preparatory work shown to the client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
Acceptance of an order shall not be effective until acceptance by the supplier. Acceptance by the supplier may be either by notification to the client or by commencing to produce work on the merchandise ordered. Canceled orders require compensation for incurred cost and related obligations.
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the client are chargeable.
Over-runs or Under-runs
Print purchases made on clients behalf will be subject to utilized printer's over-run or under-run policies. Over-run, under-runs policies average from 5% to 10% depending on product and vendor. If the client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation and may require additional charges to guarantee quantity.
Personal or Economic Rights
The client 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 client will, at the client's sole expense, promptly and thoroughly defend the supplier in all legal actions on these grounds as long as the supplier promptly notifies the client of the legal action and gives the client reasonable time to undertake and conduct a defense. The client reserves the right to use his or her sole discretion in refusing to print any-thing he or she deems illegal, libelous, scandalous, improper or infringing copyright law.
Artwork, digital files, type, plates, negatives, positives, tapes, disks and all other items supplied/created by the supplier remain the supplier's exclusive property.
Preparatory files are available, upon request, for a fee equal to 20% (.20) of the final project invoice (not including tax). Preparatory files can include layout documents, images, graphics in editable formats as created and used for your project. Preparatory files DO NOT INCLUDE FONTS. Fonts are copyrighted and/or licensed files and not legally available for transfer or resale except by those entities with proper authorization by font distributors. Fonts can purchased online from many different font distribution vendors and web sites.
Whiplash DPS, Inc. is under no obligation to release for sale any preparatory files and reserves the right to refuse sale of preparatory files for any reason.
The supplier will submit prepress proofs for the client's review and approval. Corrections will be returned to the supplier marked "OK," "OK With Corrections" or "Revised Proof Required" and signed by the client. Until received, no additional work will be performed. The supplier will not be responsible for undetected production errors if:
Press proofs will not be furnished unless they have been required in writing in the supplier's quotation. A press sheet can be submitted for the client's approval as long as the client is present at the press during make ready. It is customary in the industry to charge for any press time lost or alterations/corrections made because of the client's delay or change of mind.
- proofs are not required by the client
- the work is printed per the client's OK; and/or
- requests for changes are communicated orally.
Production schedules will be established and followed by both the client and the supplier. There will be no liability or penalty for delays due to circumstances beyond suppliers control such as 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 supplier or client's failure to meet schedule requirements or responsibilities. . In such cases, schedules will be extended by an amount of time equal to delay incurred.
A quotation not accepted within 30 days may be changed.
The supplier will retain intermediate materials until the related end product has been accepted by the client. If requested by the client, intermediate materials will be stored for an additional period for additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the supplier's fire and extended insurance coverage.
It is customary in the industry to charge for all amounts due for taxes and assessments. They are the responsibility of the client. 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 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 the supplier for any additional taxes paid.
Unless otherwise agreed, it is customary in the industry to charge the client for all transmission charges. The supplier is not responsible for any errors, omissions or extra costs resulting from faults in the transmission.
Payment is net cash from the date of invoice as specified. Claims for defects, damages or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, the supplier and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that the supplier's performance has fully satisfied all terms, conditions and specifications.
It is customary in the industry that the supplier's liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damage or as specified. As security for payment of any sum due under the terms of an agreement, the supplier has the right to hold and place a lien on all client property in the supplier'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 client is liable for all collection costs incurred.