1 PRICING & QUOTATIONS: A quotation not accepted within thirty (30) days is subject to review. Quotations, either emailed or faxed, will be honored up to 30 days after the quote date. All prices are based on material costs at the time of quotation. Prices published by Kelly Press Inc. are subject to change w/o notice. Every effort will be made to notify clients of price changes in advance. Published prices are based on clients supplying digital files prepared according to the guidelines supplied by Kelly Press Inc. Failure to setup files according to these guidelines may result in additional charges. Changes made by Kelly Press Inc. to client supplied files can be subject to extra charges.
TERMS OF SALE: Kelly Press Inc. accepts cash, checks, money orders, credit cards. In the event that a check is returned for non-sufficient funds, the client will be required to pay a $30.00 NSF fee. In the event of non-payments that lead to dispute and/or litigation, the client agrees to pay collection fees of 35% of the principal amount, attorney’s fees and court costs incurred by Kelly Press Inc. In the event of non-payment, Kelly Press Inc. reserves the right to charge 18% interest on these accounts.
2 Orders: Orders for Printed Materials/Products begin ONLY when Kelly Press Inc. has “Received” ALL “Pertinent Information” to produce the Order and said “Pertinent Information” has completed initial approval processing. “Received” is defined as – Kelly Press Inc. has responded with an email that we have received the information you have submitted. Orders are considered “received” and are put into production ONLY when all files have been correctly submitted. “Pertinent Information” refers to copy, artwork, photos, schedules, electronic documents, copy, text, designs and/or other items necessary to complete the Order. Orders regularly placed, verbal or written, cannot be cancelled except upon terms that will compensate Kelly Press Inc. against loss incurred in reliance of that order. If you are responding, submitting or approving content in conjunction with this order in the name of a company, you must be legally authorized to place this order for the company. By placing an order, you are forming a legally binding contract with Kelly Press Inc, for products and services, and you agree to be bound by these Terms and Conditions.
3 Experimental Work: Experimental or preliminary work performed at the client’s request will be charged for at current rates and may not be used until Kelly Press Inc. has been reimbursed in full for the amount of the charges billed.
4 Creative Work: Creative work, such as sketches, copy, dummies, composites and all preparatory work developed and furnished by Kelly Press Inc., shall remain their exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by Kelly Press Inc., and not expressly identified and included in the selling price.
5 Condition Of Copy: Upon receipt of original copy, artwork, photos, schedules, electronic documents, text, designs or other items, should it be evident that the condition of the copy differs from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued.
6 Preparatory Materials: copy, artwork, photos, schedules, electronic documents, text, designs or other items when supplied by Kelly Press Inc., shall remain their exclusive property unless otherwise agreed in writing.
7 Author’s Alterations/Customer Changes: Author’s Alterations/Customer Changes represent work performed in addition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request.
8 Prepress Proofs: Pre-Press proofs shall be submitted with original copy. If revised proofs are desired, request must be made when proofs are returned. Kelly Press Inc. is not responsible for errors or omissions approved by the client. The client is solely responsible for errors (artwork, spelling, images, grammar, layout, ads) missed during the proofing process or made after the deadline for receiving approval has passed. Kelly Press Inc. cannot be held responsible for errors under any or all of the following conditions: if the work is printed per client’s OK; if changes are communicated verbally; if client has not ordered proofs; if the client has failed to return proofs with indication of changes; or if the client has instructed Kelly Press Inc. to proceed without submission of proofs.
ALL PROOFS MUST BE RESPONDED TO before a job moves forward in production or gets printed.
If there is not a response, THE ORDER WILL NOT BE PRINTED! Correct Responses are:
“OK TO PRINT”
*“Needs Corrections – (No New Proof)”
*“Needs Corrections – (New Proof Needed)”
Corrections are to be made on a “Master Set,” returned marked “OK TO PRINT” or “Needs Corrections – (No New Proof)”, “Needs Corrections – (New Proof Needed)” signed and dated by client.
9 Press Proofs: Unless specifically provided in Kelly Press Inc.’s quotation, press proofs will be charged for at current rates. An inspection sheet of any form can be submitted for client approval, at no charge, provided client is available at the press during the time of make ready. Lost press time due to client delay, or client changes and corrections, will be charged at current rates.
10 Color Proofing: Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
PROOFING COLOR MATCHING & PRINT QUALITY: We will reproduce color from digital files as closely as possible, but may not exactly match color and density due to limitations &/or proof type requested in the proofing and printing process, as well as neighboring image ink requirements. A reasonable variation in color between original materials, proofs and the completed order, will be considered acceptable print quality. Clients must provide high resolution images suited for the offset printing process. Kelly Press Inc. is not liable for images printing poorly due to the clients providing low resolution images. Clients must provide all full color printing images in CMYK format. Kelly Press Inc. is not responsible for any color shift that occurs in conversions from RGB or Spot to CMYK color modes. Full color jobs that contain large solid areas of black ink should have the black set up as Rich Black (call for more info). Kelly Press Inc. will not be responsible for printing a consistent, solid and rich black if client has not set up their files accordingly.
DEADLINES FOR APPROVAL: Each email with a proof attached will have a deadline for returning a response concerning the proof. Kelly Press Inc. will need approval via email or in writing by the deadline or we will NOT move forward with the job. We will NOT send follow up emails as reminders to proof your job. If the deadline is missed, it is the client’s responsibility to contact Kelly Press Inc. with any corrections or approval and your job will be moved to the end of the line of jobs in production and a new production schedule will be set. If failure to respond makes Kelly Press Inc. unable to produce subsequent jobs, those jobs will not be produced.
11 Over Runs/Under Runs: Over runs or under runs not to exceed 10% on quantities ordered, or the percentage agreed upon, shall constitute acceptable delivery. Kelly Press Inc. will bill for actual quantity delivered within this tolerance. If client requires guaranteed exact quantities, the percentage tolerance must be doubled.
12 Client’s Property: Kelly Press Inc. will maintain fire, extended coverage, vandalism, malicious mischief, and sprinkler leakage insurance on all property belonging to the client, while such property is in Kelly Press Inc.’s possession; Kelly Press Inc.’s liability for such property shall not exceed the amount recoverable from such insurance. Client’s property of extraordinary value shall be insured through mutual agreement.
13 Delivery: Unless otherwise specified, the price quoted is for single shipment, without storage, F.O.B. local client’s place of business or F.O.B. Kelly Press Inc.’s platform for out of town clients. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from client to Kelly Press Inc., or from client’s supplier to Kelly Press Inc., are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon client’s request. Materials delivered from client or client’s suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and Kelly Press Inc. cannot accept liability for shortage based on supplier’s tickets. Title for finished work shall pass to the client upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. All posted turnaround times are approximate and although Kelly Press Inc. will make every effort to meet these delivery times, Kelly Press Inc. will not be liable for any costs or damages resulting from deliveries made later than expected to the client. Delays or damage during shipping are the sole responsibility of the shipping carrier and not that of Kelly Press Inc.
14 Production Schedules: Production schedules will be established and adhered to by client and Kelly Press Inc., provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of Government or civil authority and acts of God or other causes beyond the control of client or Kelly Press. Where production schedules are not adhered to by the client, final delivery date(s) will be subject to renegotiation.
15 Client Furnished Materials: Paper Stock, Inks, Art, Copy, Images, Transferrable Drives containing Electronic Documents and other client furnished material shall be manufactured, packed, and delivered to Kelly Press Inc.’s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to clients.
16 Terms: Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the client in writing within a period of ten (10) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptable and an admission that they fully comply with terms, conditions, and specifications. Orders with manufacturing errors and/or defects will be rerun on the next available print run at no charge to the client, at the discretion of Kelly Press. Kelly Press Inc’s sole liability shall be limited to reprinting of the order.
17 Liability: Kelly Press Inc. liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any agreement, Kelly Press Inc. shall have the right, if necessary, to retain possession of and shall have a lien on all client property in Kelly Press Inc’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.
18 Indemnification: The client shall indemnify and hold harmless Kelly Press Inc. from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Kelly Press Inc. on grounds alleging that the said printing violates any copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by the client, or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person’s right to privacy of other personal rights, except to the extent that Kelly Press Inc. contributed to the matter. The client agrees, at the client’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Kelly Press Inc., provided that Kelly Press Inc. shall promptly notify the client with respect thereto, and provided further that Kelly Press Inc. shall give to the client such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.