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Terms and Conditions

Terms and Conditions of Sale

1) 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 provider's control. Canceled orders will incur an $80.00 cancellation fee and require compensation for incurred costs and related obligations, if book are in production charges would be adding up to that point including all material and time used.

2) Accuracy of Specifications ~ Quote Calculator is based on the accuracy of the specifications provided. Cal Pacific Printing will requote the job at the time of submission if input materials do not conform to the information on which the original quotation was based, we call you or send e-mail regarding the new price.

3) Venue ~ In the event of suit regarding this contract, the venue and jurisdiction therefore shall be in Municipal Court, as appropriate, of the county of Fullerton, California. The parties agree and stipulate that the essential terms of this contract are to be performed in said County.

4) Electronic Manuscripts/Images ~ It is the customer's responsibility to maintain a copy of the original file. Cal Pacific 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 Cal Pacific Printing no claims or promises are made about Cal Pacific Printing 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.

5) Alterations/Corrections ~ Customer alterations include all works performed in addition to the original specifications. All such work will be charged at Cal Pacific Printing current rates.

6) Proofs ~ Cal Pacific Printing can also provide a Printed Proof or an online PDF Proof if requested by customer. In both cases, the customer should examine the proofs carefully    Cal Pacific Printing will not be responsible for undetected production errors. Upon request   Cal Pacific Printing can also provide a Printed Proof after the online PDF Proof has been approved. In both cases, the customer should examine the proofs carefully, and respond with either "Approved -- O.K. to print as is" or "Rejected -- corrections required.", if Approved verbally by calling the Cal Pacific Printing, we assume that you have accepted the final production,  

Proof-reading of material will be the responsibility of the customer for spelling and layout accuracy.

Cal Pacific Printing will not be responsible for undetected production errors if:

  • ·         Proofs are not required by the customer, or
  • ·         The work is printed per the customer's OK, verbally or e-mail, or
  • ·         Request for changes are communicated verbally.

7) Color Proofing ~ Because of differences in equipment, paper, inks, and other conditions between color proofing and production press room 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. If you have critical color-matching requirements on your order, Cal Pacific Printing highly recommends that you request a Printed Proof, or Press Check, if press check are required by customer additional press charge would be added base on press time the minimum of $100.00.

8) Customer's Property ~ Cal Pacific Printing will only maintain fire and extended coverage on property belonging to the customer while the property is in Cal Pacific Printing’s possession. Cal Pacific Printing’s liability for such 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 Cal Pacific Printing.

9) Delivery ~ Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Cal Pacific Printing. Fullerton, CA 92831. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Cal Pacific Printing will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the Cal Pacific Printing or from the customer's supplier to Cal Pacific Printing 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.

10) Production Schedules ~ Production schedules will be established and followed by both the customer and Cal Pacific Printing There will be no liability or penalty for delays due to a state of power shortage, war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of Cal Pacific Printing such cases, schedules will be extended by an amount of time equal to the delay incurred.

Production speed starts after Cal Pacific Printing receives approved proofs or Ok to print.

Production speed is based on working days (Monday thru Friday), excluding holidays.

*If  choosing rush or fast production, please call to confirm that we can meet your deadline

 

11) Payment Terms ~ Payment is net cash, and must be paid in full before we begin production of your order.  Cal Pacific Printing will not print your order until payment arrangement made.  We accept Visa, MasterCard, Discover and American Express, as well as PayPal.

Regular checks and money orders can also be sent, but this may delay your order.

12) Claims for defects ~ 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,  Cal Pacific Printing and the customer will understand that the job has been accepted.  By accepting the job, the customer acknowledges that Cal Pacific Printing’s performance has fully satisfied all terms, conditions, and specifications. Cal Pacific Printing’s Liability will be limited to the quoted printing and binding 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, Cal Pacific Printing has the right to hold and place a lien on all customer property in Cal Pacific 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, and storage fee.

13) Liability Disclaimer of Express Warranties ~ Cal Pacific Printing warrants that the work is as described as placed on Cal Pacific Printing's website. 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 ~ Cal Pacific Printing warrants only that the work will conform to the description contained in the purchase order. Cal Pacific 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 Cal Pacific Printing be liable for specific, individual, or consequential damages.

14) Indemnification ~ The customer agrees to protect Cal Pacific Printing from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold Cal Pacific Printing harmless and save, indemnify, and otherwise defend D Cal Pacific Printing against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

15) 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 Cal Pacific 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.

16) 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 Cal Pacific Printing in all legal actions on these grounds as long as Cal Pacific Printing promptly notifies the customer of legal action, and gives the customer reasonable time to undertake and conduct a defense. Cal Pacific Printing reserves the right to use its sole discretion in refusing to print anything Cal Pacific Printing deems libelous, scandalous, improper, or infringing on copyright law.

17) Storage ~ Cal Pacific Printing retains copies of production files used for a period of one years. If requested by the customer, intermediate materials will be stored for an additional period at an additional charge. Cal Pacific Printing is not liable for any loss or damage to stored material beyond what is recoverable by Cal Pacific Printing's fire and extended insurance coverage.

18) 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 Cal Pacific Printing for any additional taxes paid.

19) Telecommunications ~ Unless otherwise agreed, the customer will pay for all transmission charges. Cal Pacific Printing  is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.