Customs of The Printing Industry of North America
Adopted by Ace Printing,
in their revised form March 1, 1995
The Printing Industry Trade Customs
reflect common business practices in the printing industry. This updated
version of trade customs was compiled by the Printing Industries of America,
the National Association of Printers and Lithographers, and the Graphic
Arts Technical Foundation in 1994. Note: Trade Customs involving rates,
payment terms, and warranties may be subject to modification.
A quotation not accepted within 30 days may
Acceptance of orders is subject to credit
approval and contingencies such as fire, water, strikes, theft, vandalism,
acts of God, and other causes beyond provider's control. Canceled orders
require compensation for incurred costs and related obligations. No cancellations
are available after the proof has been approved.
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
4. CREATIVE WORK
Sketches, copy, dummies 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 ideas derived from it.
5. ACCURACY OF SPECIFICATIONS
Quotations are based on the accuracy of the
specifications provided. The provider can re-quote a job at time of submission
if copy, film, disks, or other input materials don't conform to the information
on which the original quotation was based.
6. PREPARATORY MATERIALS
Art work, type, plates, negatives, positives,
disks, and all other items supplied by the provider remain the provider's
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 prevailing rates.
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
Prepress proofs are submitted via e-mail,
fax, or copy. Proof-reading of material will be the responsibility
of the customer for spelling and number accuracy. No
cancellations are available after the proof has been approved.
The provider will not be responsible
for undetected production errors if:
Proofs are not required
by the customer.
The work is printed per the customer's O.K.
Requests for changes are communicated orally.
10. PRESS PROOFS
Press proofs will not be furnished unless
they have been required in writing in the provider's quotation. 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, 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.
12. OVER-RUNS OR UNDER-RUNS
Over-runs or under-runs will not exceed
10 percent of the quantity ordered. The provider will not bill for actual
quantity delivered within this tolerance, but rather the quantity ordered,
with the exception of pocket folders - where they will be charged the
exact run number. If the customer requires a guaranteed quantity, the
percentage of tolerance must be stated at the time of quotation. Additional
charges may be assessed.
13. 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.
Unless otherwise specified, the price quoted
is for a single shipment, without storage, F.O.B. Ace Printing, Inc. Ogden,
UT 84401. Proposals 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 quotations unless specified.
Title for finished work passes to the customer upon delivery to the carrier
at shipping point, or upon mailing of invoices for the finished work or
its segments, whichever occurs first.
15. PRODUCTION SCHEDULES
Production schedules will be established
and followed by both the customer and 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 the delay incurred.
16. CUSTOMER-FURNISHED MATERIALS
Material 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.
Theses 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 the provider without alteration or repair. Items not meeting
this requirement will be repaired by the customer, or by the provider
at the provider's current rates.
17. OUTSIDE PURCHASES
Unless otherwise agreed in writing, all outside
purchases as requested or authorized by the customer, are chargeable.
Payment is net cash, 14 calendar days from
date of invoice for approved credit lines. Otherwise, pre-payment in full
is required. Claims for defects, damages or shortages must be made by
the customer in writing no later than 5 calendar days after delivery.
If no such claim is made, the provider and 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,
The provider's liability will be
limited to the quoted 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.
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
2. Disclaimer of Implied Warranties.
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
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/her sole discretion in refusing to print anything he or she deems
illegal, libelous, scandalous, improper or infringing upon copyright
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 provider's fire
and extended insurance coverage.
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.
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 transmission.