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User Agreements / Terms & Conditions

Accuracy of Specifications

Quotations are based on our interpretation of the information provided. Trisoft Graphics may revise any quote at the time of submission if copy, art, disks and/or other information do not conform with the information on which the original quote and purchase is based.

Artwork Alterations / Corrections

Any artwork revisions or corrections required or requested may be billable at our current rates.

Color Proofing

Color proofs are used to simulate how the printed piece will look. Because of the 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, this should be considered an acceptable variance unless otherwise stated in writing prior to or on your purchase order. A proof or press approval becomes a binding contract between you and Trisoft Graphics.

Creative Work

No use shall be made of any creative work or design or any derivation of ideas from it except by written permission of Trisoft Graphics. Compensation (if any) is to be determined by Trisoft Graphics.

Customer Furnished Materials

Materials furnished by the customer, or their representatives such as disks, color separations, special dies, plates or other materials must be usable by Trisoft Graphics without alteration or repair. Items not meeting this requirement may be repaired by the customer or by Trisoft Graphics and may be billable at the current rates.

Customer’s Property

Trisoft Graphics will only maintain fire and extended coverage on property belonging to the client while the property is in our possession. Trisoft Graphics’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 Trisoft Graphics for such extended coverage.

Delivery

Unless stated otherwise, the price quoted is for a single shipment, FOB origin, without storage. If we have shipped the order as expected, we cannot be responsible for delayed delivery due to a common carrier (e.g. UPS, FedEx, DHL, US Mail) not meeting their delivery promise. Please contact us and we will see that any refund of freight charges received by Trisoft Graphics is remitted to you.

Trisoft Graphics’s standard delivery is 7 to 10 working days from receipt of order, pending proof approvals and other revisions.

Electronic Manuscript or Image

It is your responsibility to maintain a copy of the original file. Trisoft Graphics is not responsible for accidental damage to media supplied or for the accuracy of the supplied files. We make no claim or promise about our ability to work with files submitted in digital format and no liability is assumed for problems that may arise. Any additional translating, editing, or reformatting needed to utilize your supplied files may be billable at our current rates.

Experimental Work and/or Research and Development

Experimental or preliminary work performed at your request may be billable at our current rates. This work cannot be used without Trisoft Graphics’s written consent.

Indemnification

You agree to protect Trisoft Graphics from economic loss and any other harmful consequences that could arise in connection with the work performed. This means that you will hold Trisoft Graphics harmless and save, indemnify, and otherwise defend us against claims, demands, actions and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. Copyrights: You warrant that the subject matter to be printed is not copyrighted by a third party. You also recognize 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 the right to reproduce. You also warrant that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties you agree to indemnify and hold Trisoft Graphics 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: You also warrant 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. You will, at your sole expense, promptly and thoroughly defend Trisoft Graphics in all legal actions on these grounds as long as we promptly notify you of the legal action and give you reasonable time to undertake and conduct a defense. You reserve the right to use your sole discretion in refusing to print anything you deem illegal, libelous, scandalous, improper, or infringing upon copyright law.

Liability

Experimental or preliminary work performed at your request may be billable at our current rates. This work cannot be used without Trisoft Graphics’s written consent.

Outside Purchases

Unless otherwise agreed in writing, all outside purchases as requested or authorized by you are chargeable.

Over-Runs or Under-Runs

Over-runs or under-runs will not exceed the percentage specified in the contract. Trisoft Graphics will bill for actual quantity delivered within this tolerance, that is 10% over or under. If you require a guaranteed quantity, the percentage of tolerance must be stated on your purchase order.

Preparatory Materials

Artwork, type, dies, disks and all other items that you supply remain your exclusive property. All negatives and plates required to produce your order remain the sole property of Trisoft Graphics, unless otherwise specified by contract.

Pre-Press Proofs

Trisoft Graphics will submit prepress proofs for your review and approval. Corrections will be returned to Trisoft Graphics on the proof with “Approved with changes” or “Need new proof” boxes checked and your signature. Trisoft Graphics will not perform any additional work until this proof is received. Trisoft Graphics will not be responsible for delays of production due to changes of art or for any undetected production errors if, the work is printed per your approval of the proof as indicated by your signature and marking the box “Approved as is” or “Approved with changes”.

Press Proofs

Press proofs will not be furnished unless they have been requested in writing in Trisoft Graphics’s quotation. A press sheet can be submitted for your approval provided you are present at the press during the time of the press make ready and that all supplemental proofing items are available to Trisoft Graphics prior to the Press Proof. Any press time lost or alterations/corrections made because of your delay or change of mind will be charged at Trisoft Graphics’s current rates.

Production Schedules

Production schedules will be established and followed by both you and Trisoft Graphics. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, accidents, action of government or civil authority, acts of God, or other causes beyond the control of Trisoft Graphics. In such cases, schedules will be extended by an amount of time equal to the delay incurred.

Quotation

A quotation not accepted within 30 days may be subject to change.

Taxes

All amounts due for taxes and assessments may be billable to your invoice and are your responsibility. No tax exemption will be granted unless your “Exemption Certificate” (or other official proof of exemption) accompanies the purchase order. If, after you have paid the invoice, it is determined that more tax is due, then you must promptly remit the required taxes to the taxing authority, or immediately reimburse Trisoft Graphics for any additional taxes paid.

Terms / Claims / Leins

Payment is net cash in calendar days from the date of invoice or as specified. You must make claims for defects, damages, or shortages in writing no later than 30 calendar days after delivery. If no such claim is made, Trisoft Graphics and you will understand that the job has been accepted, and you acknowledge that our performance has fully satisfied all terms. Trisoft Graphics’s 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, Trisoft Graphics has the right to hold and place a lien on all property in Trisoft Graphics’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, you are liable for all collection costs incurred.

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