Spectrum Color Printing & Mailing Terms and Conditions of Sale
Accuracy of Specifications:
Quotations are based on the accuracy of the specifications provided. Spectrum will provide a re-quote of
project 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.
Alterations/Corrections:
Client alterations include all work performed in addition to the original specifications. It is customary in the
industry to charge for these services.
Color Proofing:
A color 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 proof becomes a contract between
the client and Spectrum.
Client-Furnished Materials:
Materials furnished by clients or their representative are verified by delivery tickets. Spectrum bears no
responsibility for discrepancies between delivery tickets and actual counts. Client-supplied paper must be
delivered according to specifications furnished by Spectrum. 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 client must be usable by Spectrum without
alteration or repair. Items not meeting this requirement may be repaired by the client or by Spectrum and
may be billable.
Client's Property:
Spectrum will only maintain fire and extended coverage on property belonging to the client while the
property is in Spectrum’s possession. Spectrum’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 Spectrum.
Delivery:
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Spectrum’s
platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the
specifications state otherwise, spectrum will charge accordingly at current rates. Charges for delivery of
materials and supplies from the client to Spectrum, or from the client's representative to Spectrum are not
included in quotations unless specified. Title for finished work passes to the client 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 client's responsibility to maintain a copy of the original file. Spectrum is not responsible for
accidental damage to media supplied by the client or for the accuracy of furnished input or final input. Until
digital input can be evaluated by Spectrum, no claims or promises are made about spectrum’s ability to
work with jobs submitted in digital format, and no liability is assumed for problems that may arise.
Experimental Work:
It is customary in the industry to charge for experimental or preliminary work performed at client's request.
This work cannot be used without spectrums written consent.
Indemnification:
The client agrees to protect spectrum from economic loss and any other harmful consequences that could
arise in connection with the work. This means that the client will hold spectrum harmless and save,
indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any/all
grounds. This will apply regardless of responsibility for negligence.
Copyrights:
The client warrants that the subject matter to be printed is not copyrighted by a third party.
The client 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
client 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 client agrees to indemnify and hold
Spectrum 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 client 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 client will, at the client's sole expense, promptly and thoroughly defend Spectrum in all legal
actions on these grounds as long as Spectrum promptly notifies the client of the legal action and gives the
client reasonable time to undertake and conduct a defense. The client 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.
Liability:
Disclaimer of Express Warranties: Spectrum warrants that the work is as described in the purchase
order. The client understands that all sketches, copy, dummies, and preparatory work shown to the client
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: Spectrum warrants only that the work will conform to the
description contained in the purchase order. Spectrum’s maximum liability, whether by negligence,
contract, or otherwise, will not exceed the amount specified in the contract. Under no circumstances will
the provider be liable for specific, individual, or consequential damages.
Order:
Acceptance of order shall not be effective until acceptance by Spectrum. Acceptance by spectrum may be
either by notification to client 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 client are
chargeable.
Over-runs or Under-runs:
Over-runs or under-runs will not exceed the percentage specified in the contract. Spectrum will bill for
actual quantity delivered within this tolerance. If the client requires a guaranteed quantity, the percentage of
tolerance must be stated at the time of quotation.
Preparatory Materials:
Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by Spectrum remain
spectrum's exclusive property.
Prepress Proofs:
Spectrum will submit prepress proofs along with original copy for the client's review and approval.
Corrections will be returned to Spectrum on a "master set" marked "OK," "OK With Corrections," or
"Revised Proof Required" and signed by the client. Until the master set is received, no additional work will
be performed. Spectrum will not be responsible for undetected production errors if:
_ proofs are not required by the client;
_ the work is printed per the client's OK;
_ requests for changes are communicated orally.
Press Proofs:
Press proofs will not be furnished unless they have been required in writing in spectrum quotation. A press
sheet can be submitted for the client's approval as long as the client is present at the press during makeready.
It is customary in the industry to charge for any press time lost or alterations/corrections made
because of the client's delay or change of mind.
Production Schedules:
Production schedules will be established and followed by both the client and Spectrum. 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 the supplier. 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.
Storage:
Spectrum will retain intermediate materials until the related end product has been accepted by the client. If
requested by the client, intermediate materials will be stored for an additional period for additional charge.
The provider is not liable for any loss or damage to stored material beyond what is recoverable by the
spectrum’s fire and extended insurance coverage.
Taxes:
It is customary in the industry to charge for all amounts due for taxes and assessments and are the
responsibility of the client. 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 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 the supplier for any additional taxes paid.
Terms/Claims/Liens:
It is customary in the industry that payment is net cash in 15 calendar days from date of invoice as
specified. Claims for defects, damages, or shortages must be made by the client in writing no later than 10
calendar days after delivery. If no such claim is made, spectrum and the client will understand that the job
has been accepted. By accepting the job, the client acknowledges that the spectrums performance has fully
satisfied all terms, conditions, and specifications. It is customary in the industry that spectrums 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 of any sum due under the terms of an
agreement, spectrum has the right to hold and place a lien on all client property in spectrums 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 client is liable for all collection costs
incurred.
