Terms and Conditions of Sale

This section covers terms and conditions of sale for quotations, orders, delivery, scheduling and other issues in dealing with TigerPress. The practices covered are listed in alphabetical order.

Accuracy of Specifications:

Quotations are based on the accuracy of the specifications provided. TigerPress will re-quote a job at time of submission if the original files, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.

Author's Alterations/Corrections(AA's):

Customer alterations include all work performed in addition to the original specifications. These alterations and corrections will be billed at $15 each or $90 per hour as determined by the nature of the correction(s). Customers may make the correction(s) themselves and resubmit the art files. New files will be subject to additional pre-flighting fees. Those fees will be determined by the complexity and size of the file(s). An estimate can be provided upon request. The minimum additional preflight fee is $30. Customer changes made after the ripping and proof output stages are subject to the same fees above and will also incur an additional rip fee of $10 per page.

Order Cancellations:

Upon canceling an order, the customer will be charged for all work done and materials purchased to date.

Orders that are cancelled after files have been processed for proofing will be subject to a 25% cancellation fee.

Orders that are cancelled after proof approval are subject to a 100% cancellation fee.

Orders on Hold:

Orders that are placed on hold for longer than 10 working days will be considered cancelled and subject to our order cancellation policy.

Color Proofing:

A full color contract proof is used to simulate how the printed piece will look. 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 and the full color proof becomes a contract between the customer and printer.

PDF and Web proofs are intended only to determine design, layout, and text accuracy. TigerPress is not liable for color matching or ink density of PDF or Web proofs. It is important to note that images on computer monitors are RGB and process printing is CMYK, thus the colors shown on your monitor will not exactly match the final printed piece and the color accuracy will mostly depend on the calibration and accuracy of your monitor. Make sure to ask for a full color contract proof if the accuracy of the colors is important to you.

Creative Work:

Any creative work created by TigerPress for a print job is subject to copyright laws. It may not be used for any reason except by written permission from TigerPress. Once permission has been granted, any derivation of ideas from the work or compensation (if any) is to be determined by Tigerpress.

Customer-Furnished Materials:

Materials furnished by customers or their representative are verified by delivery tickets. TigerPress bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by TigerPress. These 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 TigerPress without alteration or repair. Items not meeting these requirements may be repaired by the customer or by TigerPress and may be billable.

Customer's Property:

TigerPress will only maintain fire and extended coverage on property belonging to the customers while the property is in TigerPress's possession. TigerPress'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 by the customer.

Delivery:

Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. TigerPress loading dock. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, TigerPress will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to TigerPress, or from the customer's representative to TigerPress, 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, which ever occurs first.

Electronic Manuscript or Image:

It is the customer's responsibility to maintain a copy of the original file. TigerPress is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by TigerPress, no claims or promises are made about TigerPress'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 billable.

Indemnification:

The customer agrees to protect TigerPress from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold TigerPress 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 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 TigerPress 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 TigerPress in all legal actions on these grounds as long as the TigerPress promptly notifies the customer of the legal action and gives the customer reasonable time to undertake and conduct a defense. TigerPress reserves the right to use its sole discretion in refusing to print anything it deems illegal, libelous, scandalous, improper, or infringing upon copyright law.

Liability:

Disclaimer of Express Warranties: TigerPress 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: TigerPress warrants only that the work will conform to the description contained in the purchase order. TigerPress's maximum liability, whether by negligence, contract, or otherwise, will not exceed the amount specified in the contract. Under no circumstances will TigerPress be liable for specific, individual, or consequential damages.

Order:

Acceptance of order shall not be effective until received and accepted by TigerPress. Acceptance by TigerPress may be either by notification to customer or by commencing to produce work on the merchandise ordered. Canceled orders require compensation for incurred cost and related obligations.

Outside Purchases:

Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are chargeable.

Over-runs or Under-runs:

Over-runs or under-runs are standard in the printing industry. TigerPress limits the over-runs or under runs to 10%. TigerPress will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, or lower percentage of tolerance, it must be stated at the time of quotation.

Preparatory Materials:

Artwork, type, electronic files, plates, negatives, positives, tapes, disks, proofs, and all other items supplied by TigerPress will remain TigerPress's exclusive property.

Prepress Proofs:

TigerPress will submit prepress proofs along with the original copy for the customer's review and approval or use our online proofing methods to approve electronic proofs. Corrections will be returned to TigerPress on a "master set" marked "OK," "OK With Corrections," or "Revised Proof Required" and signed by the customer. Until the master set is received, no additional work will be performed. TigerPress 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;

• Requests for changes are communicated orally.

Press Proofs:

Press proofs will not be furnished unless they have been specified in writing in TigerPress's quotation. A press sheet can be submitted for the customer's approval as long as it is requested at the time of quotation, and the customer is present at the press during make-ready. Customer is responsible for any and all additional press time needed as a result of customer delay, change of colors from the proof, or other alterations/corrections requested by customer which were not specified on the proof.

Production Schedules:

Production schedules will be established and followed by both the customer and the TigerPress. 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 TigerPress. In such cases, schedules will be extended by an amount of time equal to delay incurred.

Quotation:

A quotation not accepted within 30 days may be changed, or cancelled.

Storage:

TigerPress will retain intermediate materials until the related end product has been shipped to the customer. If requested by the customer, intermediate materials will be stored for an additional period for additional charge. TigerPress is not liable for any loss or damage to stored material beyond what is recoverable by TigerPress's fire and extended insurance coverage.

Taxes:

All Taxes and assessments are the responsibility of the customers and are not Included In the quoted price. 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 TigerPress for any additional taxes paid.

Telecommunications:

Unless otherwise agreed, it is customary in the industry to charge the customer for all transmission charges. TigerPress is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.

Terms/Claims/Liens:

Customers may take advantage of the discount provided by paying on line. Customers who have an established account with TigerPress may be billed, and the payment will be due as specified on the invoice. Claims for defects, damages, or shortages must be made by the customer in writing no later than 15 calendar days after delivery. If no such claim is made, TigerPress and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that TigerPress's performance has fully satisfied all terms, conditions, and specifications.

TigerPress's liability will be limited to the payments made by the customer for any particular order of defective goods, without additional charge for special or consequential damage or as specified. As security for payment of any sum due under the terms of an agreement, TigerPress has the right to hold and place a lien on all customer property in TigerPress'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 within terms, the customer is liable for all collection costs, legal fees and other cost incurred, and the maximum interest permitted by law.

This site is controlled and operated by TigerPress and its representatives from its offices in Northampton, MA, United States of America. In the event of a dispute relating to any purchase or use of this site, litigation shall be brought in Northampton District court, 15 Gothic Street, Northampton, MA 01060, or United States District Court, Springfield, Massachusetts.