"THE FINE PRINT" - LEGAL PRINTING TRADE PRACTICES
A quotation not accepted within 60 days may be changed.
Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, and other causes beyond Ningwakwe Learning Press’ control. Cancelled orders require compensation for incurred costs and related obligations.
Experimental or preliminary work preformed at the customer’s request will be charged to the customer at Ningwakwe Learning Press’ current rates. Ningwakwe Learning Press must give written approval for al l use of this work and for any derivation or ideas from it.
ACCURACY OF SPECIFICATIONS
Quotations are based on the accuracy of the specifications provided. Ningwakwe Learning Press can re-quote a job at 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.
Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by Ningwakwe Learning Press remain Ningwakwe Learning Press’ exclusive property.
ELECTRONIC MANUSCRIPT OR IMAGE
It is the customer’s responsibility to maintain a copy of the original file. Ningwakwe Learning Press 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 Ningwakwe Learning Press no claims or promises are made about Ningwakwe Learning Press’ 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.
ALTERATIONS / CORRECTIONS
Customer alterations include all work performed in addition to the original specifications. All such work will be charged at Ningwakwe Learning Press’ current rates.
Ningwakwe Learning Press will submit pre-press proofs along with original copy for the customer’s review and approval. Corrections will be returned to Ningwakwe Learning Press on a ‘master set’ marked ‘OK’, ‘OK with corrections’, or ‘New proof required’ and signed by the customer. Until the master set is received, no additional work will be performed. Ningwakwe Learning Press 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
Because of differences in equipment, paper, inks, and other conditions between colour proofing and production pressroom operations, a reasonable variation in colour between colour 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 10 percent of the quantity ordered. Ningwakwe Learning Press 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.
Ningwakwe Learning Press will only maintain fire and extended coverage on property belonging to the customer while the property is in Ningwakwe Learning Press’ possession. Ningwakwe Learning Press’ 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 Ningwakwe Learning Press.
Unless otherwise specified, the price quoted is for a single shipment, without storage, from Ningwakwe Learning Press’ main office. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Ningwakwe Learning Press will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Ningwakwe Learning Press, or from the customer’s supplier to Ningwakwe Learning Press, are not included in quotations 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.
Production schedules will be established and followed by Ningwakwe Learning Press. In the event that the customer does not adhere to production schedules, delivery dates will be subject to renegotiations. There will be no liability or penalty for delays due to the state of war, riot, civil disorder, fire, strikes, accidents, actions of government or civil authority, or other causes beyond the control of Ningwakwe Learning Press. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
Materials furnished by customers or their suppliers are verified by delivery tickets. Ningwakwe Learning Press bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by Ningwakwe Learning Press. 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 Ningwakwe Learning Press without alteration or repair. Items not meeting this requirement will be repaired by the customer or by Ningwakwe Learning Press at our current rates.
Unless otherwise agreed 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 date of invoice. 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, Ningwakwe Learning Press and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Ningwakwe Learning Press’ performance has fully satisfied all terms, conditions, and specifications. Ningwakwe Learning Press’ 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 terms of an agreement, Ningwakwe Learning Press has the right to hold and place a lien on all customer property in Ningwakwe Learning Press’ 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.
- Disclaimer of Express Warranties: Ningwakwe Learning Press 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: Ningwakwe Learning Press warrants only that the work will conform to the description in the purchase order. Ningwakwe Learning Press’ maximum liability whether by negligence, contact, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Ningwakwe Learning Press be liable for specific, individual, or consequential damages.
The customer agrees to protect Ningwakwe Learning Press from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Ningwakwe Learning Press harmless and safe, indemnify and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility or negligence.
- Copyrights: The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognized 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 Ningwakwe Learning Press 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 libellous 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 Ningwakwe Learning Press in all legal actions on these grounds as long as Ningwakwe Learning Press:
- promptly notified the customer of the legal action;
- Gives the customer reasonable time to undertake and conduct a defence. Ningwakwe Learning Press reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libellous, scandalous, improper or infringing upon copyright law.
Ningwakwe Learning Press 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 an additional charge. Ningwakwe Learning Press is not liable for any loss or damage to stored material beyond what is recoverable by Ningwakwe Learning Press ‘ fire and extended insurance coverage.
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 Ningwakwe Learning Press for any additional taxes paid.
WHAT IS PERSONAL INFORMATION?
Personal information includes any factual or subjective information, recorded or not, about an identifiable individual. This includes information in any form such as:
- age, name, ID numbers, income, ethnic origin, blood type
- opinions, evaluations, comments, social status, or disciplinary actions
- employee files, credit records, loan records, medical records, existence of a dispute between a consumer and a merchant, intentions (for example, to acquire goods or services, or change jobs) Personal information does not include the name, title, business address or telephone number of an employee of an organization.
COLLECTION AND USE OF PERSONAL INFORMATION
Personal information only becomes known to Ningwakwe Learning Press when you provide it to us. Information submitted by you through our forms will be used for printing, mailing and billing purposes. Should Ningwakwe Learning Press wish to use your personal information for a purpose not contemplated at the time of initial collection, such as additional services, products, or promotional offers that may be of interest to you, we may use your contact information, including your email address, to ask for your consent to use your personal information for this purpose.
Ningwakwe Learning Press does not sell your personal information to third parties and does not disclose your personal information unless required by law. In short, we do not sell or share any personal information that you provide to us.
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Ningwakwe Learning Press has in place sophisticated security measures and procedures to ensure that your personal information is protected from misuse and from unauthorized access.
However, no data transmission over the Internet can be guaranteed to be 100% secure. We cannot ensure the security of the information you transmit to us over the Internet.