Last Flight Out by Jennifer Vaughn
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By choosing A&A Printing to print their books, the customer agrees to our terms and conditions as outlaid below. If you have any questions about any of these, please feel free to contact Billy Ashby at 813-886-0065 x108.
Quotation A quotation not accepted within 30 days may be changed.
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 color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance. A&A Printing will always do it’s best to reasonably color match book re-prints to prior jobs, but a variation in color may occur due to length of time, machinery, and difficulty of exact color matching.
Over-Runs or Under-Runs Over-runs or under-runs will not exceed (10%) ten percent of the quantity ordered. A&A Printing 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 quotation. The reason being is the difficulty to produce an exact amount of books. A&A Printing needs to print a greater amount of books to achieve the requested amount due to set up, human error, defections, waste, and ink or toner marks. Rather than send the customer defective books or always be under the desired total, the +- of 10% is set up to best obtain the desired number of books. If the book total is under the desired amount, the customer will be credited that amount.
Proofs A&A Printing will submit layouts as Xeroxes for your review and approval. Corrections will be returned to A&A Printing on a "master set" marked "OK" or a customer signed Authorization Form. Until the signed approval form is received, no additional work will be performed. A&A Printing will not be responsible for undetected production errors if: proofs are not required by the customer; the work is printed per the customers O.K.; and requests for changes are communicated orally. Additionally, the customer will be liable for the proofing process and time invested once deciding to use A&A Printing and receiving a proof. If A&A Printing writes up the job and starts the proofing process, the customer is committed to that proof. If the job is canceled for any reason, the customer will incur the 50.00 proofing fee and will have that deducted from their refund. A customer is entitled to their full refund, but will be liable for time spent and the proof itself. If the proof has been rushed and is shipped out next-day or 2nd day air, a delivery charge will also be deducted of 25.00. In the normal proofing process, any proof send ground will not be charged to the customer. If next day or 2nd day proofing is required, the customer will be charged that amount.
Terms/Claims/Liens Unless specified in writing to the contrary, payment is 50% with order and balance before shipping product. 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, A&A Printing and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that A&A Printings performance has fully satisfied all terms, conditions, and specifications. A&A Printings liability will be limited to the quoted cost 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, A&A Printing has the right to hold and place a lien on all customer property in A&A Printings 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.
Accuracy of Specifications Quotations are based on the accuracy of the specifications provided. A&A Printing can requote a job at time of submission if materials do not conform to the information on which the original quotation was based.
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 A&A Printings control. Canceled orders require compensation for incurred costs and related obligations.
Experimental Work Experimental or preliminary work performed at customers request will be charged to the customer at providers current rates. This work cannot be used without A&A Printings written consent.
Film Negatives, positives, tapes, disks, and all other items will become customers property only upon full payment by customer. Provider reserves the right to retain a lien on all such items in the event of nonpayment.
Electronic Manuscript or Image It is the customers responsibility to maintain a copy of the original file. A&A Printing is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or promises made about A&A Printings 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 prevailing rates.
Alterations/Corrections Customer alterations include all work performed in addition to the original specifications. All such work will be charged at A&A Printings current rates.
Customers Property A&A Printing will only maintain fire and extended coverage on property belonging to the customer while the property is in A&A Printings possession. A&A Printings 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 A&A Printing.
Delivery Unless otherwise specified, the price quoted does not include shipping and storage costs. A&A Printing will charge accordingly at current rates or customer can arrange pickup and delivery. Charges for delivery of materials and supplies from the customer to A&A Printing, or from the customers supplier to A&A Printing, are not included in quotations unless specified.
Production Schedules Production schedules will be established and followed by both the customer and A&A Printing. 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 A&A Printing. In such cases, schedules will be extended by an amount of time equal to delay incurred.
Customer-Furnished Materials Materials furnished by customers or their suppliers are verified by delivery tickets. A&A Printing bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by A&A Printing. The specifications will 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 A&A Printing without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by A&A Printing at A&A Printings current rates to be paid for by the customer.
Outside Purchases Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.
Liability 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.
Disclaimer of Implied Warranties A&A Printing warrants only that the work will conform to the description contained in the purchase order. A&A Printings 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 A&A Printing be liable for specific, individual, or consequential damages.
The Author or person presenting job for print represents that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism and that the Work, if fiction, represents no real event or person(s) that could in any way be deemed libelous and that, if nonfiction, does not misstate or omit any fact which would libel any person(s) or result in a person(s) being placed in a false or damaging light; and that the Work does not infringe the copyright, trademark or privacy of any third party; and that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.
Indemnification The customer agrees to protect A&A Printing from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold A&A Printing 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.
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 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 A&A 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.
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 customers sole expense, promptly and thoroughly defend A&A Printing in all legal actions on these grounds as long as A&A Printing: promptly notifies the customer of the legal action; and gives the customer reasonable time to undertake and conduct a defense. A&A Printing 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.
Storage A&A Printing 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. A&A Printing is not liable for any loss or damage to stored material beyond what is recoverable by A&A Printings fire and extended insurance coverage.
Taxes All amounts due for taxes and assessment will be added to the customers invoice and are the responsibility of the customer. No tax exemption will be granted unless the customers Exemption Certificate (or other official proof of exception) 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 A&A Printing of any additional taxes paid.
Telecommunications Unless otherwise agreed in writing, the customer will pay for all transmission charges. A&A Printing is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
Paper Prices quoted and any schedules submitted are subject to change in either price or availability of paper. Price of finished job will be based on the cost of paper at the time of shipment of paper. Most grades of paper are available on the terms of "price prevailing at time of shipment". Scheduled deliveries of paper are subject to change at the discretion of paper mills.
Jurisdiction The parties agree that all disputes arising under this agreement shall be governed by Florida law. The parties further agree that the Courts of the State of Florida shall be the sole and exclusive jurisdiction and venue in which any dispute arising under this agreement shall be determined.
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