Terms and Conditions
- QUOTATION A quotation not
accepted within 30 days may be changed.
- 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 Fast
Growth Advertising's control. Canceled orders require compensation for
incurred costs and related obligations.
- EXPERIMENTAL WORK
Experimental or preliminary work performed at customer's request will be
charged to the customer at Fast Growth Advertising's current rates. This work
cannot be used without Fast Growth Advertising's written
consent.
- CREATIVE WORK Sketches,
Copy, dummies, and all other creative work developed or furnished by
Fast Growth Advertising are Fast Growth Advertising's exclusive property.
Fast Growth Advertising 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 specification provided.
Fast Growth Advertising can re-quote a job at the time of submission if
copy, film, tapes, disks, or other input materials do not conform to the
information on which the original quotation was based.
- PREPARATORY MATERIALS Artwork, type, plates,
negatives, positives, tapes, disks, and all other items supplied by Fast Growth Advertising remain Fast Growth Advertising's exclusive
property.
- ELECTRONIC MANUSCRIPT OR
IMAGE is the customer's responsibility to maintain a copy of the
original file. Fast Growth Advertising 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 Fast
Growth Advertising, no claims or promises are made about Fast Growth Advertising'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 the customer supplied
files will be charged at prevailing rates.
- ALTERATION / CORRECTIONS Customer alterations include all
work performed in addition to the original specifications. All such work
will be charged at provider's current rates. ($60/hour)
- PREPRESS PROOFS Prepress proofs submitted along with the
original copy for the customer's review and approval must be returned to
Fast Growth Advertising on a "master set" marked "OK.", "OK. with
corrections" ;, or " Revised proof required" and signed by the
customer. Until the return of the master set is received Fast Growth
Advertising has at it's option to not proceed with any additional work. Fast Growth Advertising will not be responsible for undetected production errors
if: proofs are not required by the customer; the work is printed per
the customer's OK. ; and requests for changes made are communicated
orally.
- PRESS PROOFS Press proofs will not be furnished unless they
have been required in writing in Fast Growth Advertising's quotation. A
press sheet can be submitted for the customer's approval as long as the
customer is present at the press during make ready. Any press time lost
or alterations/corrections made because of the customer's delay or
change of mind will be charged at Fast Growth Advertising's current
rates.
- 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 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% of the quantity ordered. Fast Growth Advertising 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.
- PMS COLOR Though PMS spot colors are mixtures of different
standard inks and are carefully measured and weighed by our printing
professionals using scales, these PMS colors still will not be 100%
accurate because of air, temperature and inconsistencies from ink
factories.
- CUSTOMER'S PROPERTY Fast Growth Advertising will only
maintain fire and extended coverage on property belonging to the customer
while the property is in the possession of Fast Growth Advertising. Fast
Growth Advertising'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 the premium is paid to
Fast Growth Advertising.
- DELIVERY Unless otherwise specified, the price quoted for a
single shipment, without storage, F.O.B. Fast Growth Advertising's
platform. Proposals are based on continuous and uninterrupted delivery of
the complete order. If the specifications state other wise, we will
charge accordingly at current rates. Charges for delivery of materials and
supplies from the customer to Fast Growth Advertising, or from the
customer's supplier to Fast Growth Advertising, are not included in the
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 it's segments, whichever occurs
first.
- OUTSIDE PURCHASE Unless otherwise agreed in writing, all
outside purchases as requested or authorized by the customer, are
chargeable
- PRODUCTION SCHEDULES Production schedules will be
established and followed by both the customer and the 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 Fast Growth Advertising. 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. Fast Growth
Advertising bears no responsibility for discrepancies between delivery
tickets and actual counts. Customer-supplied paper must be delivered
according to specifications furnished by Fast Growth Advertising. These
specifications will include correct weight, thickness, pick of resistance,
and other technical requirements. Artwork, film, color, separations,
special dies, tapes, disks, or other materials furnished by the customer
must be usable by Fast Growth Advertising without alteration or repair.
Items not meeting this requirement will be repaired by the customer, or
by Fastgrowth Advertising at Fast Growth Advertising's current
rates.
- TERMS/CLAIMS/LIENS Payment is net cash due as set forth in
quotation or invoice unless otherwise provided in writing. 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,
Fast Growth Advertising and the customer will understand that the job has
been accepted. By accepting the job, the customer acknowledges that
Fast Growth Advertising's performance has fully satisfied all terms,
conditions, and specifications. Fast Growth Advertising's liability will be
limited to the quoted selling price of defective goods, without
additional liability or special or consequential damages. As security for
payment of any sum due under the terms of an agreement, Fast Growth
Advertising has the right to hold and place a lien on all customer property in
their 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.
- LIABILITY A. Disclaimer of Express Warranties: Fast Growth Advertising 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. B. Disclaimer of Implied Warranties: Fast
Growth Advertising warrants only that the work will conform to the
description contained in the purchase order. Fast Growth Advertising'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 Fast Growth Advertising be liable for specific,
individual, or consequential damages.
- INDEMNIFICATION The customer agrees to protect Fastgrowth
Advertising from economic loss and any other harmful consequences that
could arise in connection with the work. This means that the customer
will hold Fast Growth Advertising harmless and save, indemnify, and
otherwise defend Fast Growth Advertising against claims, demands, actions, and
proceedings on any and all grounds. This will apply regardless of
responsibility for negligence. A. 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 bare 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 Fast Growth Advertising harmless for all liability, damages, and
attorney feeds that may be incurred in any legal action connected with
copyright infringement involving the work produced or provided. B. 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 Fast Growth Advertising in all legal actions on these grounds as
long as Fast Growth Advertising: promptly notifies the customer of the
legal action and gives the customer reasonable time to undertake and
conduct defense. Fast Growth Advertising reserves the right to use their
sole discretion in refusing to print anything they deem illegal,
libelous, scandalous, improper, or infringing upon copyright law.
- STORAGE Fast Growth Advertising 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. Fast Growth Advertising is
not liable for any loss or damage to stored material beyond what is
recoverable by Fast Growth Advertising's fire and extended insurance
coverage.
- TAXES 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 and/ or statement of exemption
accompanies the purchase order. If after the customer has paid the invoice it
is determined that more taxes due, then the customer must promptly remit
the required taxes to the taxing authority, or immediately reimburse
Fast Growth Advertising for any additional taxes paid.
- FACSIMILE Fast Growth Advertising is not responsible for any
errors, omissions, or extra costs resulting for faults in transmission
of a facsimile.
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