Standard terms between you the Customer and Softext Publishing Inc. (Softext).
Quotations and Orders
Prices are based on prevailing rates at time of production. No contract will be binding on Softext until your quotation is signed and credit terms and conditions satisfactory to Softext are met. No cancellation will be accepted without reimbursement to Softext for work performed or materials ordered. Charges for materials will reflect prices prevailing at the time of production. Charges for manufacturing may be changed if order is not completed within 30 days of date of quotation. Any increase in manufacturing or material prices at time of production will be documented and added to or subtracted from the quoted price.
Production Schedules
Work will be completed in accordance with an agreed upon production schedule provided neither party shall be liable for delays or non-performance due to causes beyond either party’s control.
Preparatory Work and Materials
All preparatory work created or provided by us shall remain our property and may not be used by you for other purposes except upon our approval and proper compensation. Art work, photos, proofs and other items supplied by us will be used only for your work, but shall remain our exclusive property unless otherwise agreed in writing. Files will be retained for a period of three years after which they will be destroyed unless a special agreement is made in writing.
Specification Revisions
Your quotation is for work as we understand your original specifications. Revisions represent work performed in addition to these specifications. This additional work shall be charged for at our current rates and be supported with documentation upon request.
Proofs
Proofs will be provided in the form of digital files or as a paper hard-copy on request. Additional charges will apply for hard-copy proofs. Corrections, if any, are clearly to be marked on a “Proof Master” and returned “OK” or “OK with corrections” and signed with the name or initial of the person duly authorized to pass on same. If revised proofs are desired, the request must be made when the proofs are returned. We regret any undetected error that may occur, but cannot be responsible for errors if the work is printed per your approval or if any changes are communicated orally.
Ink Matches
Because of differences in equipment, paper, inks, and other conditions between color proofing systems and production pressroom operations, a reasonable variation in color between the color proofing system used and the completed job shall constitute acceptable performance. Special ink matches will be supplied by us if you supply a swatch of your desired color.
Overtime
Overtime incurred because of your delay in furnishing material, holding up the progress of the work or your request for extremely short deliver time requirements are subjected to overtime rates. All quotations are based on our work being performed on a straight time basis.
Paper Price and Availability
The price included in your quotation are based on the best cost information we have as of the date of the quotation. Price volatility can impact on the final price of your job. If the originally specified paper is not available at time of printing, we will offer alternatives and where applicable adjust the job price accordingly.
Overruns and Underruns
Overruns and Underruns will not exceed 10% of the order quantity. You will only be billed for the actual quantity you receive.
Shipping and Delivery
Unless otherwise specified, the price quoted for shipping and delivery is based on rates available to us at the time of creating your quotation and can vary from the final amount. Delivery times are only estimates and can also vary. We do not control the practices of these carriers and cannot be held financially responsible for delays incurred by independent transportation companies.
Payment Terms
Payment of 1/2 of the amount due is required upon approval of proofs with the balance due or receipt of the order unless other payment terms have been arranged. We retain the right to hold a portion of your order in storage until such time as any outstanding balances are paid
Guarantee, Liability, Limitations, and Indemnification
We will produce this work in a good workmanlike manner and in accordance with agreed upon specifications and production schedule. In the event the work is defective due to our fault, our liability to you shall be limited to a re-print of the defective items to your satisfaction and we shall not be responsible for special or consequential damages, including but not limited to, lost profits or business.
Copyright & Rights of Use
You warrant that the use of materials furnished by you will not infringe or violate any laws or regulations or any rights of others and you will indemnify and save us harmless from any and all damage, cost and expense based on any claims of such infringement or violation, including court costs and attorney’s fee.
Applicable Taxes
If sales tax does not apply to this order, please include your tax exemption number on your letter of credit or purchase order, otherwise sales tax will be charged. Any applicable Federal, Provincial taxes imposed on us on account of this transaction shall be added as an extra charge to this order.
Subcontracting of Work
Softext may subcontract work to domestic or foreign printers without the prior consent of customer. The terms and conditions of this agreement shall accrue to the benefit of such subcontractor. The Customer agrees that they will not offer the same work to the subcontractor for a period of five years from the date of quotation.