Terms of Sale
Quotation – A quotation not accepted within 30 days may be changed.
Orders – Acceptance of orders is subject to payment approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond Digital Creations USA, Inc.’s control may delay orders and Digital Creations USA, Inc. will work with the Client to rectify to Digital Creations USA, Inc.’s best abilities. Canceled orders require compensation for incurred costs and related obligations.
Experimental Work – Experimental or preliminary work performed at Client’s request will be charged to the Client at Digital Creations USA, Inc.’s current rates. This work cannot be used without Digital Creations USA, Inc.’s written consent.
Creative Work – Sketches, copy, dummies, and all other creative work developed or furnished by Digital Creations USA, Inc. are Digital Creations USA, Inc.’s exclusive property. Digital Creations USA, Inc. must give written approval for all use of this work and for any derivation of ideas from it.
Accuracy of Specifications – Quotations are based on the accuracy of the specifications provided to Digital Creations USA, Inc.. Digital Creations USA, Inc. can re-quote a job at time of submission if copy, film, tapes, disks, and/or any electronic format files and all other items supplied to the Digital Creations USA, Inc. were not present at the time of the initial quote. Digital Creations USA, Inc. can also re-quote a job at time of submission if any work based on the quote submitted has changed in any way.
It is solely at the discretion of Digital Creations USA, Inc. and only Digital Creations USA, Inc. to make the determination if the quote submitted has been changed from the specification of the quote agreed upon.
Preparatory Materials – Art work, type, photos, negatives, positives, disks, and all other items supplied by the Digital Creations USA, Inc. remains Digital Creations USA, Inc.’s exclusive property and will be returned to Digital Creations USA, Inc. at Client’s expense.
Electronic Manuscript or Image – It is the Client’s responsibility to maintain a copy of the original file. Digital Creations USA, Inc. is not responsible for accidental damage to media supplied by the Client or for the accuracy of furnished input or final output. Until digital input can be evaluated by the Digital Creations USA, Inc., no claims or promises are made about Digital Creations USA, Inc.’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, graphic design or programming needed to utilize Client-supplied files will be charged at prevailing rates.
Alterations/Corrections – Client alterations include all work performed in addition to the original specifications. All such work will be charged at Digital Creations USA, Inc.’s current rates.
Prepress Proofs – Digital Creations USA, Inc. will submit prepress proofs for the Client’s review and for approval if requested. All proofs are in electronic format. Corrections will be handled either in electronic correspondence as in email, over the phone, and/or in person at Digital Creations USA, Inc.’s location.
If proofs need to be revised, a revised proof will be sent to the Client via electronic format as in email. The Client will have the opportunity to review the proof and determine if it is ready for print or a revised proof is needed. The Client will need to state in the electronic correspondence with either “O.K. and go to print” or “Revised proof required”.
Until a response from the Client is received, no additional work will be performed. The Digital Creations USA, Inc. will not be responsible for undetected production errors if: • proofs are not required by the Client; • the work is printed per the Client’s O.K.; • requests for changes are communicated orally and not submitted electronically.
Color Proofing – 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 an acceptable performance.
Over-runs or Under-runs – Over-runs or under-runs will not exceed 10 percent of the quantity ordered. Digital Creations USA, Inc. will bill for actual quantity delivered within this tolerance. If the Client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
Client’s Property – Digital Creations USA, Inc. will only maintain fire and extended coverage on property belonging to the Client while the property is in Digital Creations USA, Inc.’s possession. Digital Creations USA, Inc.’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 Digital Creations USA, Inc. by the Client.
Delivery – Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Digital Creations USA, Inc.’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Digital Creations USA, Inc. will charge accordingly at current rates. Charges for delivery of materials and supplies from the Client to Digital Creations USA, Inc., or from the Client’s supplier to Digital Creations USA, Inc. are not included in quotations unless specified. Client will specify during the time of the price quote if certain quantities of the finished product need to be delivered to separate addresses. If not stated, the Client will be responsible for any and all additional charges for separate delivery shipments. Title for finished work passes to the Client upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever occurs first.
Production Schedules – Production schedules will be established and followed by both the Client and Digital Creations USA, Inc.. In the event that production schedules are not adhered to by the Client, 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 Digital Creations USA, Inc.. In such cases, schedules will be extended by an amount of time equal to delay incurred.
Client-Furnished Materials – Material furnished by Clients or their suppliers are verified by delivery tickets. Digital Creations USA, Inc. bears no responsibility for discrepancies between delivery tickets and actual counts. Client-supplied paper must be delivered according to specifications furnished by Digital Creations USA, Inc.. These 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 Client must be usable by Digital Creations USA, Inc. without alterations or repair. Items not meeting this requirement will be repaired by the Client, or by Digital Creations USA, Inc. at the Digital Creations USA, Inc.’s current rates.
Outside Purchases – Unless otherwise agreed in writing, all outside purchases as requested or authorized by the Client, are chargeable.
Claims/Liens – Claims for defects, damages or shortages must be made by the Client in writing no later than 5 calendar days after delivery. If no such claim is made, Digital Creations USA, Inc. and the Client will understand that the job has been accepted. By accepting the job, the Client acknowledges that Digital Creations USA, Inc.’s performance has fully satisfied all terms, conditions, and specifications. Digital Creations USA, Inc.’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, Digital Creations USA, Inc. has the right to hold and place a lien on all Client property in Digital Creations USA, Inc.’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.
Liability – A. Disclaimer of Express Warranties: Digital Creations USA, Inc. 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.
B. Disclaimer of Implied Warranties: The Digital Creations USA, Inc. warrants only that the work will conform to the description contained in the purchase order. Digital Creations USA, Inc.’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 Digital Creations USA, Inc. be liable for specific, individual, or consequential damages.
Indemnification – The Client agrees to protect Digital Creations USA, Inc. from economic loss and any other harmful consequences that could arise in connection with the work. This means that the Client will hold Digital Creations USA, Inc. 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.
A. Copyrights. The Client also 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 Digital Creations USA, Inc. harmless for all liability, damages, and attorney fees that may be incurred in any legal actions connected with copyright infringement involving the work produced or provided. B. 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 Digital Creations USA, Inc. in all legal actions on these grounds as long as Digital Creations USA, Inc.:
• promptly notifies the Client of the legal action;
• gives the Client reasonable time to undertake and conduct a defense. Digital Creations USA, Inc. 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 – Digital Creations USA, Inc. will retain intermediate materials until the related end product has been accepted by the Client. If requested by the Client, intermediated materials will be stored for an additional period at additional charge. Digital Creations USA, Inc. is not liable for any loss or damage to stored material beyond what is recoverable by Digital Creations USA, Inc.’s fire and extended insurance coverage.
Taxes – All amounts due for taxes and assessments will be added to the Client’s invoice and are the responsibility of the Client. No tax exemption will be granted unless the Client’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 Digital Creations USA, Inc. for any additional taxes paid.
Telecommunications – Unless otherwise agreed, the Client will pay for all transmission charges. Digital Creations USA, Inc. is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.