CMYKGraphix.com Terms and Conditions
A custom quotation not accepted within 30 days may be changed. Prices
on standard products within this web site are subject to change at anytime.
Acceptance of orders is subject to credit approval and contingencies such
as fire, water, strikes, theft, vandalism, acts of God, and other causes
beyond the provider's control. Canceled orders require compensation for
incurred costs (including credit card processing fees) and related obligations
(with minimum cancellation fee of $35). .
Experimental or preliminary work performed at customer's request will
be charged to the customer at the CMYK Graphix's current rates. This work
cannot be used without the CMYK Graphix's written consent.
Sketches, copy, dummies, and all other creative work developed or furnished
by CMYK Graphix are CMYK Graphix's exclusive property. CMYK Graphix must
give written approval for all use of this work and for any derivation
of ideas from it.
Quotations are based on the accuracy of the specifications provided or
selected by the customer on the web site. CMYK Graphix' can re-quote a
job at time of submission if copy, firm, tapes, disks, or other input
materials do not conform to the information on which the original quotation
was based.
Artwork, type, plates, negatives, positives, tapes, disks, and all other
items supplied by CMYK Graphix remain the provider's exclusive property.
It is the customer's responsibility to maintain a copy of the original
file. CMYK Graphix 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 CMYK Graphix, no claims or promises
are made about CMYK Graphix'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. CMYK Graphix will examine all
electronic files received from the customer to determine if it is in a
print ready format. Customer will incur a $35 nonrefundable charge for
this examination service.
Customer alterations include all work performed in addition to the original
specifications. All such work will be charged at the CMYK Graphix's current
rates.
CMYK Graphix will submit prepress proofs along with original copy for
the customer's review and approval, if ordered by customer. Corrections
will be returned to the provider on a "master set" marked "O.K.",
"O.K., with Corrections", or "Revised Proof Required"
and signed by the customer. Until the master set is received, no additional
work will be performed. The CMYK Graphix's will not be responsible for
undetected production errors if any of the following conditions are true:
* Hard copy proofs are not ordered by the customer
* The work is printed per the customer's O.K.
* Requests for changes are communicated orally
Online PDF proofs are seen by the customer on a computer monitor using
a color space called RGB. RGB stands for red, green, and blue which are
the primary colors of light used to display color images. RGB color may
look good on a computer screen, but in certain instances very different
color results may occur in a printing process using CMYK process color inks. Full color printing
by CMYK Graphix is done on printing presses using the four different
color process inks(known as CMYK). CMYK stands for C yan(blue),
M agenta(red), Y ellow and black ( K
is used so as to not cause a mix-up with blue or Cyan). CMYK
Graphix prints to a pleasing color standard through the use of standard
ink densities. As a result, the CMYK Graphix makes no warrantee that the
color and image quality represented on a customer's computer monitor or
ink jet or laser color printer from a PDF online proof will approximate
the finished piece printed via the CMYK process.
On-line PDF proofs will be posted under the following schedule for all
orders with print ready files except books, catalogs and newsletters:
-Orders with accompanying print ready electronic files received
before 12:00 a.m. CST will be posted by 1:00 p.m. CST the next business
day.
-Orders with accompanying print ready electronic files received after
12:00 a.m. CST will be posted by 5:00 p.m. CST the next business day .
- On line PDF proofs for
books, catalogs and newsletters will normally be with in 2 to 3 business
days of receipt of customer print ready electronic files.
Press proofs will not be furnished.
CMYK Graphix prints to a pleasing color standard through the use of
standard ink densities. Because of differences in equipment, paper,
inks, and other conditions between hard copy 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.
Ghosting can occur when heavy or dense amounts of ink are printed in
one area that then affect the ink density of another area resulting
in unwanted images. CMYK Graphix assumes no responsibility for ghosting
caused by heavy ink coverage or abrupt changes in ink densities called
for in the design and layout of a print job.
There are often significant differences in color as seen on computer
monitors, customer color printers and four color offset printing resulting
from differing technologies and wide variations in calibration. As a
result, colors seen in an on line proof on a customer's RGB (red, blue
and green) color computer monitor or printed on a customer's color printer
can, at times, vary significantly from the final piece printed using
four color process (CMYK) on offset lithographic printing presses. When
on line proofs are used, such variations will be considered acceptable
performance.
Inks such as metallic or florescent/day glow (PMS 800 Series) are specialty
inks with a limited shelf life and higher costs. Customer will incur
an up-charge for use of these inks.
Overruns or under-runs will not exceed 10% of the quantity ordered.
CMYK Graphix 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.
CMYK Graphix will only maintain fire and extended coverage on property
belonging to the customer while the property is in its possession. CMYK
Graphix '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 CMYK Graphix.
Unless otherwise specified the price quoted is for a single shipment,
without storage, F.O.B. CMYK Graphix 's platform. Proposals are based
on continuous and uninterrupted delivery of the complete order. If the
specifications state otherwise, CMYK Graphix will charge accordingly
at current rates. Charges for delivery of materials and supplies from
the customer to CMYK Graphix, or from the customer's supplier to CMYK
Graphix, 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.
Production schedules will be established and followed by both the customer
and CMYK Graphix. In the event that production schedules are not adhered
to by the customer, delivery dates will be subject to change. 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 CMYK Graphix.
In such cases, schedules will be extended by an amount of time equal
to delay incurred.
Ship dates are established from the time CMYK Graphix
receives proof approval:
*Approved proofs received before 12:00 a.m. CST will be shipped as indicated
on the order with the business day of receipt counting as one day.
*Approved proofs received after 12:00 a.m. CST will be shipped as indicated
on the order with the next business day of receipt counting as day one.
Materials furnished by customers or their suppliers are verified by
delivery tickets. CMYK Graphix bears no responsibility for discrepancies
between delivery tickets and actual counts. Customer-supplied paper
must be delivered according to specifications furnished by CMYK Graphix
These specifications will include correct weight, thickness, pick resistance,
and other technical requirements. Artwork, film, color separations,
special dies, electronic media, or other materials furnished by the
customer must be usable by CMYK Graphix without alteration or repair.
Items not meeting this requirement will be repaired by the customer,
or by CMYK Graphix at its current rates.
Unless otherwise agreed in writing, all outside purchases as requested
or authorized by the customer, are chargeable.
Payment is by accepted and approved credit card, money order or check.
Claims for defects, damages, or shortages must be made by the customer
in writing no later than 10 days after delivery. If no such claim is
made, CMYK Graphix and the customer will understand that the job has
been accepted. By accepting the job, the customer acknowledges that
CMYK Graphix 's performance has fully satisfied all terms, conditions,
and specifications. The provider'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, CMYK Graphix has the right
to hold and place a lien on all customer property in CMYK Graphix '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.
1. Disclaimer of Express Warranties: CMYK Graphix warrants that the
work is as described in the sales order or customer accepted quote letter.
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 work. They are not intended to represent the actual
work performed.
2. Disclaimer of Implied Warranties: CMYK Graphix warrants only that
the work conform to the description contained in the sales order or
customer accepted quote letter. CMYK Graphix'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 CMYK Graphix be liable for specific, individual, or consequential
damages.
The customer agrees to protect CMYK Graphix from economic loss and any
other harmful consequences that could arise in connection with the work.
This means that the customer will hold CMYK Graphix 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.
1. 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 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 CMYK Graphix 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.
2. Personal or economic right
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 CMYK
Graphix in all legal actions on these grounds as long as CMYK Graphix:
* Promptly notifies the customer of all legal action; and
* Gives the customer reasonable time to undertake and conduct a defense.
CMYK Graphix 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.
CMYK Graphix will retain intermediate materials including electronic
media or files until the related end product has been accepted by the
customer. Customer will make and retain copies of all electronic files
or media sent to CMYK Graphix. CMYK Graphix is not liable for any loss
or damage to stored mater beyond what is recoverable by the CMYK Graphix
's fire and extended insurance policy.
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 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 CMYK Graphix for any
additional taxes paid.
Unless otherwise agreed, the customer will pay for all transmission
charges. CMYK Graphix is not responsible for any errors, omissions,
or extra costs resulting from faults in the transmission.
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monthly newsletter. This newsletter contains useful tips as well as
valuable coupon codes. The customer may remove their email address from
the newsletter list at anytime by clicking the removal link at the bottom
of the email.
Coupon codes are distributed by CMYK Graphix for various money saving
promotions. A coupon code is generally valid for a single use and you
may only use one coupon code per order. |
