1. Contracts/Quotations/Estimates/Payment
All orders placed with Donczar Designs & Printing, either verbally or in writing, either by paper or electronic communication, are subject to these terms and conditions. A customer’s awareness or lack of awareness of these terms and conditions does not affect their applicability. A quotation not accepted, by Customer, within 30 days may be changed by Donczar Designs & Printing. In such situations where jobs as submitted for production do not match the bid specifications, a new bid will be provided with prices adjusted accordingly. Customer’s failure to request or obtain a new bid based upon changed specifications does not preclude Donczar Designs & Printing from charging adjusted rates. Prepayment is required on all orders unless otherwise specified, by Donczar Designs & Printing, prior to order. Donczar Designs & Printing reserves the right to bill the credit card associated with the credit card number, provided in the account application, if these terms are not met. A deposit or prepayment may be billed by Donczar Designs & Printing on any order and without notice.
2. Orders/Bids
Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, act of God, and other causes beyond Donczar Designs & Printing’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 Donczar Designs & Printing’s current rates. This work may not be used without Donczar Designs & Printing’s written consent.
4. Creative Work
Sketches, copy, dummies, and all other creative work developed or furnished by Donczar Designs & Printing are Donczar Designs & Printing’s exclusive property. Donczar Designs & Printing must give written approval for all use of this work and for any derivation of ideas from it.
5. Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. Donczar Designs & Printing can re-quote 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.
6. Venue
In the event of suit regarding this contract, the venue and jurisdiction therefore shall be in either the Superior or Municipal Court, as appropriate, of the County of Riverside, California. The parties agree and stipulate that the essential terms of this contract are to be performed in said County.
7. Electronic Manuscripts/Images
It is the customer’s responsibility to maintain a copy of the original file. Donczar Designs & Printing is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by Donczar Designs & Printing, no claims or promises are made about Donczar Designs & Printing’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. All artwork or designs and images must be provided in CMYK format. Donczar Designs & Printing is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided at minimum of 300 DPI. Donczar Designs & Printing is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
8. Alterations/Corrections
Customer alterations include all work performed in addition to the original specifications. Any and all costs associated with alterations requested by the customer, at any stage of the production process, will be charged at Donczar Designs & Printing’s current rates.
9. Rights to Promotion
Donczar Designs & Printing reserves the right to use Customer’s products in promotional materials and displays, unless otherwise informed in writing at the time of the order. All logos, designs, insignia, trademarks, etc., are shown for illustration purposes only and are not for resale, nor are they to be construed as product or brand endorsement by or for the trademark owner.
10. Withdrawal of Order
Once placed, orders cannot be withdrawn by the customer without compensating Donczar Designs & Printing for all costs incurred prior to withdrawal.
11. Prepress Proofs
Donczar Designs & Printing will submit prepress proofs or soft proofs (low resolution proofs sent via e-mail in a web friendly format) for the customer’s review and approval. Corrections will be returned to Donczar Designs & Printing on a “master set” marked “O.K.,” “O.K. With Corrections” or “Revised Proof Required” and signed by the customer. Until the master set is received, no additional work will be performed. Donczar Designs & Printing will not be responsible for undetected production errors if:
- Proofs are not required by the customer
- The work is printed per the customer’s OK
- Requests for changes are communicated verbally
- Proofs are approved via e-mail or other electronic means
12. Press Proofs
Press proofs will not be furnished unless they have been required in writing in Donczar Designs & Printing’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during make-ready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at Donczar Designs & Printing’s current rates.
13. Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between either color proofs or a Pantone® guide and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance. Any or all in a series of proofs, including but not excluding others, bluelines, digital color proofs, soft proofs, paper proofs, press checks, bindery checks, may be required by Donczar Designs & Printing to ensure the accuracy or conformance to specifications of a job. Each is chargeable to the customer at Donczar Designs & Printing’s regularly established rates. ERRORS IN PROOFREAD MATERIALS ARE THE RESPONSIBILITY OF THE CUSTOMER.
14. Quality
Although Donczar Designs & Printing strives to achieve excellence with every job, minor imperfections (including but not excluding others, hickies, minor color and/or density variations, errors in alignment and/or trapping) are an unfortunate reality of all printed materials and do not constitute an unacceptable order.
15. Overruns/Underruns
Overruns or underruns will not exceed 10 percent of the quantity ordered on runs greater than 500, 20 percent on runs of 101 to 500 and 40 percent on runs less than 101. Donczar Designs & Printing will bill for the actual quantity delivered within these tolerances. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
16. Customer’s Property
Donczar Designs & Printing will not maintain fire and extended coverage on property belonging to the customer while the property is in Donczar Designs & Printing’s possession. Insurance coverage may be obtained if it is requested in writing and if the premium is paid to Donczar Designs & Printing.
17. Delivery
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Donczar Designs & Printing’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Donczar Designs & Printing will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Donczar Designs & Printing or from the customer’s supplier to Donczar Designs & Printing are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first.
18. Production Schedules
Production schedules will be established and followed by both the customer and Donczar Designs & Printing. No guarantees on the time completion of an order are implied unless specifically agreed to by the customer and Donczar Designs & Printing at the time of the placement of the order. Donczar Designs & Printing is in no way responsible for losses incurred by the customer due to missed deadlines, implied or perceived. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, failure of equipment or other cases beyond the control of Donczar Designs & Printing. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
19. Customer-Furnished Materials
Materials furnished by customers or their suppliers are verified by delivery tickets. Donczar Designs & Printing bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by Donczar Designs & Printing. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Donczar Designs & Printing is not liable for defects in paper, when supplied by Customer. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by Donczar Designs & Printing without alteration or repair; items not meeting this requirement will be repaired by the customer or by Donczar Designs & Printing at Donczar Designs & Printing’s current rates.
20. Outside Purchases
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.
21. Pornographic or Legally Questionable Content
Donczar Designs & Printing reserves the right to refuse to print any materials containing information or content Donczar Designs & Printing deems inappropriate. Under no circumstances does Donczar Designs & Printing assume liability for printing of inappropriate or illegal materials.
22. Terms/Claims/Liens
Payment is cash in advance, unless otherwise specified by Donczar Designs & Printing. Terms will be awarded on a per customer basis. Donczar Designs & Printing reserves the right to bill the credit card associated with the credit card number, shown on the face of this application, if these terms are not met. A deposit or prepayment may be billed by Donczar Designs & Printing on any order and without notice. All orders of $3,000 or more will require a 50% down payment and 50% upon completion. 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, Donczar Designs & Printing and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Donczar Designs & Printing’s performance has fully satisfied all terms, conditions, and specifications. Donczar Designs & Printing’s Liability will be limited to the quoted selling price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, Donczar Designs & Printing has the right to hold and place a lien on all customer property in Donczar Designs & Printing’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.
23. Liability
(1) Disclaimer of Express Warranties. Donczar Designs & Printing 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. (2) Disclaimer of Implied Warranties. Donczar Designs & Printing warrants only that the work will conform to the description contained in the purchase order. Donczar Designs & Printing’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will Donczar Designs & Printing be liable for specific, individual, or consequential damages.
24. Indemnification
The customer agrees to protect Donczar Designs & Printing from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold Donczar Designs & Printing harmless and save, indemnify, and otherwise defend Donczar Designs & Printing 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 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 Donczar Designs & Printing 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 Donczar Designs & Printing in all legal actions on these grounds as long as Donczar Designs & Printing:
- Promptly notifies the customer of legal action.
- Gives the customer reasonable time to undertake and conduct a defense.
Donczar Designs & Printing reserves the right to use its sole discretion in refusing to print anything Donczar Designs & Printing deems libelous, scandalous, improper, or infringing on copyright law.
25. Storage
Donczar Designs & Printing will retain intermediate materials used 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 an additional charge. Donczar Designs & Printing is not liable for any loss or damage to stored material beyond what is recoverable by Donczar Designs & Printing’s fire and extended insurance coverage. All materials used and paid for by the Customer remain the property of the customer. The customer may request any or all items for personal safekeeping.
26. Taxes
All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer’s invoice. 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 Donczar Designs & Printing for any additional taxes paid.
27. Telecommunications
Unless otherwise agreed, the customer will pay for all transmission charges. Donczar Designs & Printing is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.
