Terms and Conditions of Sale
This section covers terms and conditions of sale for quotations, orders, delivery, scheduling and other issues in conducting business with TigerPress.
TigerPress is committed to manufacturing quality products and offering unique services to our clients, in a safe, unbiased and equal opportunity work environment. Our goal is to foster efficiency, quality, and teamwork. We will employ the most qualified staff, accompanied with the right equipment, to ensure that we meet customers’ expectations for delivery, cost and quality.
Terms of Contract
These Terms and Conditions are complete and exclusive Statements of the terms and conditions of the contract between Customer and TigerPress. No additional, different, or inconsistent terms in a purchase order or other document issued by Customer are applicable to this transaction unless agreed to in writing by authorized personnel of TigerPress. TigerPress sales staff are not authorized to make any changes or alter in any way the written quote letters provided by estimating department.
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, artwork, turn time, or any other specifications are different than originally presented.
Customer alterations include all work performed in addition to the original specifications. These alterations, corrections, and or revisions will be billed at our normal rate for labor and materials.
Upon canceling an order, the customer will be charged for all work done and materials purchased to date. Orders that are canceled after files have been processed for proofing will be subject to a 25% cancellation fee, to cover the cost of order entry, prepress and work performed to date. Orders that are canceled after proof approval are subject to a total cost incurred for labor and materials up to 100% of the quoted price.
TigerPress does not accept any returns and/or issue refunds. All orders are custom manufactured for a specific customer and have no value for resale.
Orders on Hold
Orders that are placed on hold for longer than 10 working days will be considered canceled and subject to our order cancellation policy.
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. 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. Most critical color reproductions require a press check. You must request a press check at the time submitting your quote request. Loss of press time due to customer delay, changes, revisions, or corrections at the time of a press check is subject to current rates.
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.
Materials furnished by customers or their representatives 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 will be billable accordingly.
TigerPress will only maintain fire and extended coverage on property belonging to the customers while the property is in TigerPress’ possession. TigerPress’ 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 the premium is paid by the customer.
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’ 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.
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.
Inspection of finished Goods by Customer
Customer shall inspect goods upon receipt and delivery. Customer shall not, under any circumstances, accept any packages, cartons, or skids with visible damage. Accepting damaged shipment will void any warranty or responsibility by TigerPress. Customer shall notify TigerPress in writing of all claims for damaged goods, or unacceptable quality, within 15 days of receipt of goods. Failure to timely notify TigerPress of such defects shall be deemed a waiver by Customer.
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.
Limitation of Liability
TigerPress’ liability for breach of this warranty is limited, at its option, (i) to repairing or replacing the defective goods at no cost to Customer or (ii) crediting Customer for its variable unit cost paid to credit for defective number of goods. Variable unit cost means the price per piece charged to the Customer for goods produced. In no event will TigerPress be liable for any indirect, special, consequential, punitive or exemplary damages for any matter arising under this contract, and/or for negligence. TigerPress warrants that the work is as described in the quotation letter. 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.
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.
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, and must be noted in TigerPress’ quotation letter.
Artwork, type, electronic files, plates, dies, negatives, positives, tapes, disks, proofs, and all other items supplied by TigerPress, or created by TigerPress or its subcontractors, will remain TigerPress’ exclusive property.
TigerPress will submit hard proofs or use online proofing methods, prior to production, for the customer’s review and approval. Corrections will be returned to TigerPress on a “master set of proofs” 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 or requests for changes are communicated orally.
Press proofs will not be furnished unless they have been specified in writing in TigerPress’ 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 will be established and followed by both the customer and 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, loss of power, or other causes beyond the control of TigerPress. In such cases, schedules will be extended by an amount of time equal to delay incurred.
A quotation not accepted within 30 days may be changed, or canceled.
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 fire and extended insurance coverage.
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.
No Liability for Errors
TigerPress is not liable for errors in a final product caused by any of the following reasons:
• Spelling, punctuation and grammatical errors
• Low resolution or low quality graphics and images
• Damaged fonts
• Transparency issues
• Overprint issues caused by client file
• Artwork files that are not created following our specifications
• Variances in color from the conversion of Pantone or RGB colors to CMYK
• Errors in user-selected options such as size, quantity, paper and finish
• Duplicate orders submitted by the User
• Incorrect files uploaded
• Incorrect file orientation
• Minor Cracking on folds
• Cutting variances under 1/16″
• Incorrect or undeliverable shipping address
• Damage to products after delivery to User
User is responsible for reviewing their files and correcting any issues prior to placing the order.
Printing Turnaround Time
Printing turnaround time begins after we have received your signed proof and full payment for your order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital source files, or have files that are not print-ready, printing turnaround time will begin after we receive acceptable print-ready files or after we create the print-ready files, and your payment is received.
Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered working days, when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected.
All mailing delivery dates are estimates, not guarantees. TigerPress’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). TigerPress’s responsibility ends when the job is delivered to the US Postal Service Business Mail Entry Unit. In no event shall TigerPress be liable for USPS performance failures or delivery delays.
TigerPress shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is TigerPress liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job. TigerPress is also not liable for returned mail pieces that are undeliverable for any reason. The User will defend and hold TigerPress harmless in any suit or court action brought against by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where, acting as the User’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in TigerPress’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the User or User’s employees which may occur as a result of any mailing service including mailing list rentals.
Projects containing protected information such as HIPAA patient health information or MA 201 CMR 17 personal information will purged within 30 days of invoicing.
Our terms are COD with 50% deposit due with the order and balance due prior to shipment of product, unless you have established a credit account prior to placing the order. Payment for established accounts are net 30 days, and 1% discount if full payment received within 15 days. Please note that discounted terms are not eligible with credit card payments. 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. In the event of a dispute relating to any purchase, litigation shall be brought in Palmer District Court, 235 Sykes Street, Palmer, MA 01069, or United States District Court, Springfield, Massachusetts.