Terms & Conditions

Quotations
Quotations are based on our interpretation of the information and specifications provided by the client. If the product we are supplying is subject to test/performance standards we will need to know that at the time of quotation. Graphic Communications, Inc. (GCI) reserves the right to revise any quote prior to acceptance of an order if there are changes to the information/specifications used to determine pricing. A quotation not accepted within 30 days may be subject to change.

Preparatory/Furnished Materials
All printing plates, final artwork and tooling required to produce the order will remain in the care of GCI. If the client requests such items to be returned, they will be, as long as the client is in good credit standing. All materials furnished by the client or their representatives (artwork, printing plates, roll stock, etc.) remain the exclusive property of that client. All materials must be usable by GCI without alteration or repair. Items not meeting this requirement may be repaired or returned by GCI and billable at the current rates. Delays during production due to defective client supplied materials may result in additional charges.

Electronic Files
It is the client’s responsibility to maintain a copy of the original file. GCI is not responsible for accidental damage to media supplied or for the accuracy of the supplied files. We make no claim or promise about our ability to work with files submitted in digital format and no liability is assumed for problems that may arise. Any additional translating, editing, or reformatting needed to utilize supplied files may be billable at our current rates.

GCI Created Artwork/Design/Mock-Ups
No use shall be made of any creative work or design or any derivation of ideas from it except by written permission of GCI. Compensation (if any) is to be determined by GCI. Any artwork revisions or corrections required or requested may be billable at our current rates. Experimental or preliminary work performed at the customer’s request may be billable at our current rates. This work cannot be used without GCI’s written consent.

Liability
Disclaimer of Express Warranties: GCI warrants that the work reflects the description in the purchase order and on the client signed proof. The customer understands that proofs are intended only to illustrate the copy, PMS numbers, color separation and label specs. They are not intended to represent the appearance of the actual printing process.
Disclaimer of Implied Warranties: GCI warrants only that the work reflects the description in the purchase order and on the client signed proof. GCI’s maximum liability, whether by negligence, contracts or otherwise may not exceed the amount specified in the contract. Under no circumstances will GCI be liable for specific, individual or consequential damages.

Purchase Orders
Orders are not accepted until GCI has received a signed purchase order from the client. Acceptance by GCI may be either by verbal or written notification to the customer or by commencing to produce work on the merchandise ordered. Canceled orders require compensation for incurred cost and related obligations.
Credit terms for new clients will be extended on a case-by-case basis taking into account such factors as credit references and dollar volume of order.
Orders for existing clients who do not pay according to credit terms may experience a delay in order processing until their account is brought up-to-date.

Color Proofing
Color proofs are provided to show the copy, graphic elements, PMS colors, die size and job specifications. The PMS colors indicated on the proof are for illustrative purposes only. Actual colors will be matched on press to the PMS standards. Due to the conversion between 4-color process and spot colors and the printing process, a reasonable variation in color and appearance can be expected between the proof and the final printed piece. This variation should be considered acceptable. In instances where proofs are submitted to multiple contacts at the client’s company (or the client’s customer), GCI will only accept a signed proof from one client representative. The signed proof represents that everything shown on the proof is accurate and it becomes a binding contract between the client and GCI.

Revisions
Revisions will be returned to the client if the original proof was returned indicating “Submit New Proofs” or if the change is such that GCI determines the client should still take a final look at the revision(s) prior to production. The client is responsible for reviewing the entire proof prior to approval—not just the areas where revisions were made.

GCI will not perform any additional work until this proof is received. GCI will not be responsible for delays of production due to changes of art or for any undetected production errors if the work printed reflects the proof containing the customer’s signature of approval to proceed.

Press Proofs and Color Standards
Test runs, press proofs or color standards will be furnished upon request of the client (or if GCI feels it is necessary for the success of the production run) and may include additional charges. All supplemental proofing items must be signed and returned to GCI prior to the production run. Any press time lost due to customer delay or cancellation will be charged at GCI’s current rates.

Production Schedules
Production schedules are established according to the customer’s requested due date and expected date of arrival of job components. For new items, components (such as material, tooling printing plates, etc.) may not be ordered until the client has given written approval that it is acceptable for their application. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, accidents, action of government or civil authority, acts of God or other causes beyond the control of GCI. In such cases, schedules will be extended by an amount of time equal to the delay incurred.

Over-Runs or Under-Runs
GCI follows the industry standard +/- 10% over/under-runs. If the customer requires a guaranteed quantity, the exact quantity or percentage of tolerance must be stated on the purchase order.

Delivery
GCI’s standard shipping time on reorders is 7–10 working days from receipt of the order. Standard lead-time on new items is 10–14 days pending proof/material approvals, revisions, etc. Unless stated otherwise, the price quoted is for a single shipment of the total order, FOB Shipping Point. If we have shipped the order as expected, we cannot be responsible for delayed delivery due to a common carrier (i.e. UPS, FedEx, DHL, freight company).

Certificate of Analysis or Compliance
Please indicate on your purchase order if you require a Certificate of Analysis for the label material or a Certificate of Compliance for the label manufacturing.

Copyrights
The client warrants that the subject matter to be printed is not copyrighted by a third party. They recognize that the subject matter does not have to bear a copyright notice in order to be protected by copyright law, and the absence of such notice does not assure the right to reproduce. The customer warrants that no copyright notice has been removed from any material used for reproduction. To support these warranties, the customer agrees to indemnify and hold GCI 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 by the customer.

Personal or Economic Rights
The customer warrants that the work does not contain any libelous or scandalous material, or anything that threatens anyone’s right to privacy or other personal or economic rights. The customer will promptly and thoroughly defend GCI in all legal actions on these grounds at their sole expense. The customer reserves the right to use their sole discretion in refusing to print anything they deem illegal, libelous, scandalous, improper or infringing upon copyright law.

Indemnification
The customer agrees to protect GCI from economic loss or any harmful consequences that could arise in connection with the work performed. The customer will hold GCI harmless and safe, indemnify, and otherwise defend us against claims, demands, actions and proceedings on any and all grounds, regardless of responsibility for negligence.

Taxes
All amounts due for taxes and assessments are the customer’s responsibility and may be billable to the customer’s invoice. In general, the items we produce are not subject to sales tax. Please notify us on your purchase order if sales tax is required. 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 GCI for any additional taxes paid.

Terms/Claims/Liens
Net cash payment is due according to the terms specified on the invoice. The customer must make claims for defects, damages or shortages in writing or by contacting their sales representative no later than 30 calendar days after delivery. If no such claim is made, GCI and the customer will understand that the job has been accepted and acknowledge full satisfaction of all terms. GCI’s liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damage or as specified. As security for payment, GCI has the right to hold and place a lien on all property in GCI’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.