Terms and Conditions of Sale
1. Quotations – Prices obtained from Franklin’s Printing,
Graphic Products & Services are subject to change from time to time without
notice.
2. Order Cancellation – No order may be cancelled
after acceptance except upon terms that will compensate Franklin’s Printing,
Graphic Products & Services for work completed at our standard hourly rates.
All cancelled orders are subject to a minimum cancellation fee of $35.00.
3. Returns for Credit – Because each order produced
is a custom job, no order may be returned for credit under any
circumstance.
4. Satisfaction Guaranty – Franklin’s Printing,
Graphic Products & Services at its sole option will repair or reprint any order
that contains abnormal imperfections or fails to provide a reasonable
representation to the approved color proof. Franklin’s Printing, Graphic
Products & Services at its sole option may elect to provide, in lieu of repair
or reprinting of an order a prorated credit for the damaged portion of an
order. Claims for defects must be made within ten (10) days of delivery in
writing. The customer must receive a written authorization to return a
defective order or portion in advance of return. Defective orders must be
returned within thirty (30) days after delivery. Franklin’s Printing, Graphic
Products & Services liability for defective orders is limited to the price of
the order exclusive of any shipping or postage charges.
5. Production Schedules and Turnaround Times –
Delivery schedules, turnaround times and other similar terms used by Franklin’s
Printing, Graphic Products & Services, its employees or representatives merely
reflect the average completion times of similar orders. Franklin’s Printing,
Graphic Products & Services shall not be bound by such schedules unless
otherwise agreed to in writing for an additional cost under our express print
program. Franklin’s Printing, Graphic Products & Services sole liability in the
event of a failure by Franklin’s Printing, Graphic Products & Services shall be
limited to a refund of the fee paid by the customer for the express print
fee.
6. Customer Disks & Supplied Digital Information
– All prices and quotations provided by Franklin’s Printing, Graphic
Products & Services assume the customer provides properly prepared files
following Franklin’s Printing, Graphic Products & Services written guidelines.
The customer accepts all responsibility for supplied files that fail to output
properly, contain errors or provide an unacceptable result.
7. Customer Changes – Any changes requested by the
customer will represent work performed in addition to the original order and
will be billed at our current rates. The minimum charge for customer changes is
$30. The customer must approve the cost of these changes in writing prior to
beginning the work necessary to perform the changes. Customer changes will
delay the completion and delivery of your order. Change charges will be billed
to the customer’s credit card used on the order or added to C.O.D.
charges on the final shipment.
8. Proofs – A proof will be submitted to the customer
prior to printing each job on an as requested basis. Corrections to be made
must be marked on both the proof and the supplied proof sheet. The proof sheet
must be fully completed and signed by the customer and be returned to
Franklin’s Printing, Graphic Products & Services along with the supplied proof.
If an electronic PDF proof is sent, customer must indicated approval or
disapproval in writing to Franklin’s Printing, Graphic Products & Services.
Delay in completing and returning your proof will delay completion of your
order. Franklin’s Printing, Graphic Products & Services shall assume no
liability for errors if the customer waives receiving a proof or fails to note
changes or corrections on the returned proof and proof sheet.
10. Color Matching – A reasonable color variation
between the approved proof and final printed product is unavoidable, expected
and shall constitute an acceptable delivery. Franklin’s Printing, Graphic
Products & Services will make every effort to produce a reasonable
representation based on materials supplied by the customer however Franklin’s Printing, GraphicProducts & Services does
not guarantee color matching.
11. Trim Margin – The customer understands and agrees
to provide at least a 3/16” (preferrably 1/8") trim margin from the
outside edge of the document to the printed elements. Franklin’s Printing,
Graphic Products & Services shall accept no liability for elements that may be
lost during trimming when the customer’s materials fail to provide the
required 3/16” margin.
12. Shortages – Shortages not to exceed 10% of the
quantity ordered shall constitute an acceptable delivery. In the event of a
shortage not exceeding 10% of the ordered amount, Franklin’s Printing, Graphic
Products & Services may at its sole option issue a pro-rated credit for the
amount shorted in lieu of reprinting the shorted amount.
13. Shipping – Unless otherwise stated, the price
quoted is for a single shipment without storage. Franklin’s Printing, Graphic
Products & Services will deliver finished work to the designated commercial
carrier, at which time title to the finished work shall pass to the customer.
Customer is responsible for paying the shipping costs.
14. Mail Services - The customer understands that all
quotations for mail services are for a single mailing without storage unless
otherwise agreed to in writing. Payment for postage will be made to the U.S.
Postmaster via check. The customer’s failure to submit certified funds
payable to the U.S. Postmaster and received at Franklin’s Printing, Graphic
Products & Services in advance of the mail date will delay the mailing.
15. Customer Furnished Materials - Camera ready artwork,
photos, digital files and other furnished items will be supplied to Franklin’s
Printing, Graphic Products & Services specifications. Delays and additional
expenses incurred as a result of customer materials that are not in conformity
to Franklin’s Printing, Graphic Products & Services specifications shall be the
responsibility of the customer. Franklin’s Printing, Graphic Products &
Services shall maintain standard commercial insurance coverage on all customer
furnished materials. Franklin’s Printing, Graphic Products & Services sole
responsibility for such property shall not exceed the amount recoverable from
said insurance.
16. Inspection of Jobs, Ownership of Intellectual Property and
Indemnity – Franklin’s Printing, Graphic Products & Services
reserves the right to inspect all jobs and reject any job which we deem to be
illegal, immoral or offensive, however Franklin’s Printing, Graphic Products &
Services does not inspect nor is obligated to inspect all jobs and will not be
liable for any job produced that is illegal, immoral or offensive. The customer
affirms ownership or publication rights to all items submitted for printing and
represents that printing and distribution of any furnished item does not
violate any copyright or proprietary right of any person or entity, does not
contain any material that is libelous or scandalous or invades any
person’s right to privacy or other personal right. The customer agrees at
the customer’s own expense to immediately defend and continue to defend
Franklin’s Printing, Graphic Products & Services from any claim or action as a
result of printing and distributing material furnished by the customer.
17. Payment by Credit Card - Cardholders paying by credit
card agree to be bound by all standard Franklin’s Printing, Graphic Products &
Services terms and conditions. Customer expressly agrees to pay all costs
incurred if your order is cancelled at any point in the production process and
understand that no order may be returned for credit. Credit card orders will be
charged in full at order entry. Customer changes will be charged to the
customer’s credit card prior to Franklin’s Printing, Graphic Products &
Services making the requested changes.
18. Disclaimer of Warranties; Limitation of Liability
– EXCEPT FOR THE SATISFACTION GUARANTEE SET FORTH IN PARAGRAPH 4 OF THESE
TERMS AND CONDITIONS, FRANKLIN'S PRINTING, GRAPHIC PRODUCTS & SERVICES IS
SELLING THE PRODUCTS ORDERED BY THE CUSTOMER “AS IS”, “WITH
ALL FAULTS” AND WITHOUT WARRANTY. IN NO EVENT SHALL FRANKLIN'S PRINTING,
GRAPHIC PRODUCTS & SERVICES BE LIABLE UNDER TORT, CONTRACT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, EXEMPLARY, PUNITIVE,
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. FRANKLIN'S PRINTING,
GRAPHIC PRODUCTS & SERVICES’S AGGREGATE LIABILITY TO CUSTOMER IN
CONNECTION WITH ANY ORDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER
TO FRANKLIN'S PRINTING, GRAPHIC PRODUCTS & SERVICES FOR SUCH ORDER (EXCLUSIVE
OF POSTAGE AND SHIPPING FEES).
19. Governing Law – By visiting or purchasing from
Franklin’s Printing, Graphic Products & Services , you agree that the laws of
the state of TN, without regard to principles of conflict of laws, will govern
these terms and conditions and any dispute of any sort that might arise between
you and Franklin’s Printing, Graphic Products & Services .
