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Terms
& Conditions
Authorization
Form
File
Preparation
F.A.Q.
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TERMS
& CONDITIONS
Quotation A quotation not accepted within 30
days may be changed.
Orders
Canceled orders require compensation for incurred costs
and related obligations.
Accuracy
of Specifications Quotations are based on the accuracy
of the specifications provided. Digital Data Group can
re-quote a job at time of submission if materials do
not conform to the information on which the original
quotation was based.
Film
Negatives, positives, tapes, disks, and all other items
will become customer's 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 customer's responsibility
to maintain a copy of the original file. Digital Data
Group is not responsible for accidental damage to media
supplied by the customer or for the accuracy of furnished
input or promises made about Digital Data Group'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.
Alterations/Corrections
Customer alterations include all work performed in addition
to the original specifications. All such work will be
charged at Digital Data Group's current rates.
Proofs
Digital Data Group will submit layouts as Xeroxes for
your layout review and approval. Corrections will be
returned to Digital Data Group on a "master set"
marked "OK" and a customer signed approval
form. Until the signed approval form is received, no
additional work will be performed. Digital Data Group
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.; and requests for
changes are communicated orally.
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.
Over-Runs
or Under-Runs Over-runs or under-runs will not exceed
5 percent of the quantity ordered. Digital Data Group
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.
Delivery
Unless otherwise specified, the price quoted does
not include shipping and storage costs. Digital
Data Group will charge accordingly at current rates
or customer can arrange pickup and delivery. Charges
for delivery of materials and supplies from the customer
to Digital Data Group, or from the customer's supplier
to Digital Data Group, are not included in quotations
unless specified.
Production
Schedules Production schedules will be established
and followed by both the customer and Digital Data Group.
In the event that the customer does not adhere to production
schedules, 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
Data Group. 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. Digital
Data Group bears no responsibility for discrepancies
between delivery tickets and actual counts. Customer-supplied
paper must be delivered according to specifications
furnished by Digital Data Group. 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 Digital
Data Group without alteration or repair. Items not meeting
this requirement will be repaired by the customer, or
by Digital Data Group at Digital Data Group's 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.
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, Digital
Data Group and the customer will understand that the
job has been accepted. By accepting the job, the customer
acknowledges that Digital Data Group's performance has
fully satisfied all terms, conditions, and specifications.
Digital Data Group's 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,
Digital Data Group has the right to hold and place a
lien on all customer property in Digital Data Group'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 standard industry storage fees.
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 Digital Data Group warrants
only that the work will conform to the description contained
in the purchase order. Digital Data Group's maximum
liabilities, 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
Data Group be liable for specific, individual, or consequential
damages.
Indemnification
The customer agrees to protect Digital Data Group from
economic loss and any other harmful consequences that
could arise in connection with the work. This means
that the customer will hold Digital Data Group 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 Digital Data Group 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 customer's sole expense, promptly
and thoroughly defend Digital Data Group in all legal
actions on these grounds as long as Digital Data Group:
promptly notifies the customer of the legal action;
and gives the customer reasonable time to undertake
and conduct a defense. Digital Data Group 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 Data Group will not store finished product
for more than 30 days without a storage charge. If
storage is agreed in writing and signed by an officer
of DDGI storage will be charged at $100 per month.
Digital Data Group is not liable for any loss or damage
to stored material beyond the actual cost charged
to customer. If customer does not claim books after
12 months the stored items will be discarded due to
abandonment.
Taxes
All amounts due for taxes and assessment 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 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 Digital Data Group of any additional
taxes paid.
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 Florida law shall govern all
disputes arising under this agreement. 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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