Thank you for the opportunity to quote. This quote is based on acceptable industry tolerances and will be invoiced accordingly. Your estimate and any orders related to it are subject to the terms and conditions below.
Conditions of Sale
CLIENT SUPPLIES: Clients must supply unless otherwise indicated, digital file(s) supplied ready for imposition.
CANCELLATIONS: If under unusual conditions cancellation becomes necessary, the customer agrees to pay full charges for work completed up to the date of cancellation, including all paper costs as outlined in the order. Charges will be for actual work performed on orders cancelled in progress.
QUOTATION: A Quotation not accepted within 30 days may be changed by Advocate.
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 Advocate’s control. If any order is cancelled, the customer will be required to pay for incurred costs and related obligations of Advocate.
EXPERIMENTAL WORK: Experimental or preliminary work performed at the customer’s request will be charged to the customer at Advocate’s current rates. This work cannot be used without Advocate’s written consent.
CREATIVE WORK: Sketches, copy, dummies, and all other creative work developed or furnished by Advocate are Advocate’s exclusive property. Advocate 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 specifications provided. Advocate can re-quote a job at the time of submission if files or content supplied do not conform to the original information supplied.
PREPARATORY MATERIALS: Artwork, type, plates, negatives, positives, tapes, disks and all other items supplied by Advocate remain Advocate’s exclusive property.
ELECTRONIC MANUSCRIPT OR IMAGE: It is the customer’s responsibility to maintain a copy of the original file. Advocate 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 Advocate, no claims or promises are made about Advocate’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 Advocate’s current rates.
ALTERATIONS/CORRECTIONS: Customer alterations include all work performed in addition to the original specifications. Changes made at any time during production that differ from the original material or instructions submitted with the order will be made at the customer’s expense and may incur production delays. All such work will be charged at Advocate’s current rates.
PREPRESS PROOFS: Advocate will submit prepress proofs along with the original copy for the customer’s review and approval. Corrections will be returned to Advocate on a “master set” marked “O.K. no changes”, “O.K. with changes as marked”, or “Revised Proof Required”, and signed by the customer. Until the master set is received, no additional work will be performed. Advocate will not be responsible for undetected production errors if:
• Proofs are not required by the customer.
• The work is printed per the customer’s approval.
• Requests for changes are communicated orally.
Press proofs will not be furnished unless they have been required in writing in Advocate’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 Advocate’s current rates.
COLOUR PROOFING: A reasonable variation in colour between colour proofs and the completed job is to be expected, because of differences in equipment, paper, inks, and other conditions between colour proofing and production pressroom operations. When variations of this kind occur, it will be considered acceptable performance.
OVER-RUNS OR UNDER-RUNS: Over-runs or under-runs will not exceed 10% of the quantity ordered. Advocate will bill for the 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.
CUSTOMER’S PROPERTY: Advocate will only maintain fire and extended coverage on property belonging to the customer while the property is in Advocate’s possession. Advocate’s liability for this property will not exceed the dollar amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to Advocate.
DELIVERY: Unless otherwise stated, the price quoted is for a single shipment, without storage, from Advocate’s plant in Pictou, Nova Scotia. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Advocate will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Advocate or from the customer’s supplier to Advocate are not included in quotations unless specified.
PRODUCTION SCHEDULES: Established and followed by both Advocate and the customer. Delivery dates will be subject to re-negotiation if production schedules are not adhered to by the customer.
CUSTOMER-FURNISHED MATERIALS: Advocate bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by Advocate. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film colour separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by Advocate without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by Advocate at Advocate’s current rates.
OUTSIDE PURCHASES: Unless otherwise agreed to in writing, all outside purchases as requested or authorized by the customer, are chargeable.
TERMS/CLAIMS/LIENS: Payment is net cash 30 calendar days from the date of invoice. All payments not made by the due date shall bear interest at a rate of 1.5% per month. (18% per annum). 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, Advocate and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Advocate’s performance has fully satisfied all terms, conditions and specifications. As security for payment of any sum due hereunder, Advocate has the right to hold and place a lien on all customer property in Advocate’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, including attorney fees.
Liability
DISCLAIMER OF EXPRESS WARRANTIES: Advocate warrants that work is as described in the purchase order.
DISCLAIMER OF IMPLIED WARRANTIES: Advocate warrants only that the work will conform to the description contained in the purchase order. Advocate’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 Advocate be liable for specific, individual, or consequential damages.
INDEMNIFCATION: The customer agrees to protect Advocate from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Advocate harmless and save, indemnify, and otherwise defend against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
COPYRIGHT: The customer warrants that the subject matter to be printed is not copyrighted by a third party. The customer also 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 Advocate 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 warrants that the work does not contain anything that is libelous or scandalous or threatens anyone’s right to privacy or other personal or economic rights. Advocate reserves the right to use its sole discretion in refusing to print anything it deems illegal, libelous, scandalous, improper or infringing upon copyright law.
STORAGE: Advocate 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 for an additional charge. Advocate is not liable for any loss or damage to stored material beyond what is recoverable by Advocate’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 an “Exemption Certificate” (or other 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 Advocate for any additional taxes payable.
TELECOMMUNICATIONS: Unless otherwise agreed, the customer will pay for all transmission charges. Advocate is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
LIMITATION PERIOD FOR BRINGING ACTION: No action may be commenced to enforce this contract or for any breach hereof, or for any defect or deficiency of the product to be delivered hereunder, whether on warranty, contract, negligence, or strict or products liability, unless such action is brought within twelve (12) months after accrual of such cause of action.
LAW: These conditions and all other express terms of the contract for services to be provided by the supplier (Advocate Group of Companies) shall be governed and constructed in accordance with the laws of the Province of Nova Scotia unless otherwise specified in writing. All parties to attorn to the jurisdiction of the Province of Nova Scotia in all matters arising out of this contract.