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- Quotations/Estimates. A quotation not accepted within 30 days may be changed.
- Orders. Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, act of God, and other causes beyond the proVideo's control. Canceled orders require compensation for incurred costs and related obligations.
- Experimental work. Experimental or preliminary work performed at the customer's request will be charged to the customer at the proVideo's current rates. this work may not be used without the proVideo's written consent.
- Creative Work. Sketches, copy, dummies, and all other creative work developed or furnished by the proVideo are the proVideo's exclusive property. The proVideo must given 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 specification provided. The proVideo can re-quote a job at the 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.
- Preparatory Materials. Artwork, type, negatives, positives, tapes, disks, and other items supplied by the proVideo shall remain the proVideo's exclusive property.
- Electronic Manuscripts/ Images. It is the customer's responsibility to maintain a copy of the original file. The ProVideo 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 the proVideo, no claims or promises are made about the proVideo'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 prevailing rates.
- Alterations/ Corrections. Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the proVideo's current rates.
- Prepress Proofs. The proVideo will submit prepress proofs along with original copy for the customer's review and approval. Corrections will be returned to the proVideo on a "master set" marked "O.K.," "O.K. With Corrections" or "Revised Proof Required" and signed by the customer. Until the master set is received, no additional work will be performed. The proVideo 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 verbally
- Press Proofs. Press proofs will not be furnished unless they have been required in writing in the proVideo'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 the proVideo's current rates.
- Color Proofing. 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 a variation of this kind occurs, it will be considered acceptable performance.
- Overruns/ Under runs. Overruns or under runs will not exceed 10 percent of the quantity ordered. The proVideo 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. The proVideo will not maintain fire and extended coverage on property belonging to the customer while the property in the proVideo's possession. The proVideo's liability for such property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing and in the premium is paid to the proVideo.
- Delivery. Unless otherwise specified, the price quoted is for single shipment, without storage, F.O.B. the proVideo's platform. Proposals are based on the continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the proVideo will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the proVideo or from customer's supplier to the proVideo are not included in quotations unless specified. Title for finished work passes to customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first.
- Production Schedules. Production schedules will be established and followed by both the customer and the proVideo. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of the proVideo. In such cases, schedules will be extended by the amount of time equal to the delay incurred.
- Outside Purchases. Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer are changeable.
- Claims/ Liens. 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, the proVideo and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the proVideo's performance has fully satisfied all terms, conditions, and specifications.
The ProVideo's Liability will be limited to the quoted selling price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the proVideo has the right to hold and place a lien on all customer property in the proVideo's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptations have been made or payment has been guaranteed. if payment is not made, the customer is liable for all collection costs incurred.
- Liability. (1) Disclaimer of Express Warranties. The proVideo 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.
(2) Disclaimer of Implied Warranties. The ProVideo warrants only that the work will conform to the description contained in the purchase order. The proVideo's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will the proVideo be liable for specific, individual, or consequential damages.
- Indemnification. the customer agrees to protect the proVideo from economic loss and nay other harmful consequences that might arise in connection with the work. This means the customer will hold the proVideo harmless and save, indemnify, and otherwise defend the proVideo against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless or responsibility for negligence.
(1) Copyrights. The customer also 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 to be protected by copyright law, absence of such notice does not necessarily assure a right to produce. The customer further agrees to indemnify and hold the proVideo harmless for liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
(2) 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 in all legal actions on these grounds as long as the proVideo:
- Promptly notifies the customer of legal action.
- Gives the customer reasonable time to undertake and conduct a defense.
The proVideo reserves the right to use its sole direction in refusing to print anything the proVideo deems libelous, scandalous, improper, or infringing on copyright law.
- Storage. The proVideo will retain intermediate materials used 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. The proVideo is not liable for any loss or damage to stored material beyond what is recoverable by the proVideo's fire and extended insurance coverage.
- Taxes. All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer's invoice. No tax exemption will be granted unless the customer's "Exemption Certified" (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more is due, then the customer must promptly remit the required taxes to the taxing authority or immediately reimburse the proVideo for any additional taxes paid.
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Capital Disc has been our printing vendor of choice for nearly 10 years. Their personal customer service, high quality, and quick turnaround have kept us loyal to them for all of these years. Capital Disc is always able to meet our deadlines.
Brett Henrichson, Master Entertainment Inc.
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Why take risks that you don't have to? We save you time, money and guarantee our quality so you don't have to worry. We will make your print project perfect and that's our promise! We look forward to being your long-term partner in printing. | |
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The printing process and related terminology can be difficult to understand. Don't worry - we offer complete over-the-phone support. Call our print hotline anytime and we will answer any questions you might have.
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