SERVICES

• Full Color Process offset printing
• Custom Spot Offset Printing
• Flood and Spot uv Coating, Varnish and
  Aqueous Coatings
• Conversions
• Scanning/Color Retouching
• Color Proofing
• Page Assembly
• Design and Corporate Identity
• File Preflighting and Premedia
• Film and Plate processing
• Blue lines
• Epson color proofs
• Press proof
• Image/Ad Archiving, Tracking and Retrieval
• Electronic Book Building
• Client Education and Training Programs
• Finishing and Bindery
• Foil/Embosssing/Laminating
• Diecutting/Perforating/Scoring
• Numbering/Hole Punching

1. DEFINITIONS. “Seller” means PGC Group, Inc. “Customer” means ____________________.
2. INDEMNIFICATION. The Customer hereby acknowledges and agrees that he/she/it shall indemnify, defend and hold harmless the Seller from any and all losses, liabilities, damages, actions, demands, suites, proceedings, claims, penalties, interest, costs and expenses, including actual attorneys’ fees incurred by Seller relating thereto, arising out of or in connection with the allegation or claim (whether true or not) that the printing of materials hereunder violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or slanderous, or invades any person’s right to privacy or any and all other personal rights. The Customer hereby agrees, at the Customer’s sole cost and expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding, that may be brought against the Seller, provided, that the Seller shall promptly notify the Customer with respect thereto, and, further provided, that the Seller shall give the Customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof. The Seller reserves the right in its sole discretion to refuse to print any material in which, in its judgment it shall deem improper, libelous, or scandalous or the printing of which would result in the violation of federal, state or local laws. Customer warrants that the subject matter to be printed is not copyrighted by a third party.
3. ACCEPTANCE OF ORDERS. All orders are subject to Seller’s acceptance. Seller shall have the right, for any reason whatsoever, to reject any order in whole or in part. Seller’s acceptance of any order is expressly conditioned upon Customer’s consent to each of the terms and conditions set forth herein and on the face of Seller’s invoice. Seller hereby objects to any and all terms or conditions contained in Customer’s purchase orders or other business forms (or which otherwise are proposed by Customer) which are in addition to or different from the terms and conditions set forth herein and on the face of Seller’s invoice. Any such additional or different terms or conditions shall be or no force or effect whatsoever.
4. PRICES. Prices are as set forth in a separate quotation or invoice. Seller shall have the right to reduce or increase prices at any time, without advance notice to Customer. Prices do not include manufacturers, occupation, use, sales, excise or value-added tax, duty, custom, inspection fee, or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction contemplated hereunder (the “Taxes”). Customer shall be solely liable for payment of all invoiced charges (including any and all Taxes, unless tax exemption certificates in form satisfactory to Seller are supplied by Customer).
5. INTEREST RATES AND PENALTIES: An interest charge of 1.5 % per month, which is an annual percentage rate of 18%, will be incurred on all late payments. Terms are payment upon order date on invoice.
Should the credit of the Customer in the judgment of the Seller become impaired at any time, the Seller has the right to require payment in advance before making further shipments.
In the event that the Customer fails to make payment as established in this agreement and the Seller retains a collection agency and/or an attorney to collect any unpaid amounts, the Customer assumes full liability for all reasonable collection and/or legal fees.
All discounts given are fully voided if the Customer fails to make payment as established in this agreement.
The Seller retains title to the goods until the Customer pays the entire purchase price as specified plus any interest and/or penalties incurred.
Orders regularly entered cannot be cancelled verbally, notification of cancellation must be in writing and received by Seller at 5 business days prior to the “order date”.
If the Customer terminates an order once work has commenced the Customer will compensate the Seller for any and all losses related to work already in progress.
6. DISPUTES AND CLAIMS: Claims for defects, damages or shortages must be made by the Customer in writing no later than 3 calendar days after delivery. If no such claim is made, the Seller and the Customer will understand that the job has been accepted. By accepting the job, the Customer acknowledges that the Seller’s performance has fully satisfied all terms, conditions, and specifications.
The Seller’s liability shall be limited to the Seller’s option either: A- to repair or replace the defective goods or services ordered: or
B- to return the purchase price paid by the Customer., without additional liability for special or consequential damages.
The Customer bears the risk of loss, damage to or destruction of the goods from the time of delivery.
As security for payment of any sum due under the terms of this agreement, the Seller has a right to hold and place a lien on all Customer property in the Seller’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, the Customer is liable for all reasonable collection and/or legal fees incurred.
7. QUOTATIONS: A quotation not accepted by Customer within 30 days after tendered by Seller may be changed by Seller.
***PREPARATORY MATERIALS:
Artwork, type, plates, negatives, positives, tapes, disks, and all other items supplied by the Seller remains the Seller’s exclusive property.
*** EXPERIMENTAL WORK & CREATIVE WORK:
Customer shall be charged for any experimental work performed by the Seller, such as, but not limited to, sketches, drawings, dummies, compositions, negatives, plates, press work, and materials. Any such experimental work shall be charged to Customer at Seller’s current rates. Experimental work may not be used or altered without the prior written consent of the Seller.
***ACCURACY OF SPECIFICATIONS:
Quotations are based on the accuracy of the specifications provided by Customer. The Seller shall re-quote a job at 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.
***ALTERATIONS / CORRECTIONS:
Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the Seller’s current rate.
***OVER-RUNS & UNDER-RUNS
Over-runs and under-runs will not exceed 10% of the quantity ordered. The Seller shall charge Customer for actual quantity delivered within the 10% tolerance. If the Customer requires a guaranteed quantity, the percentage of tolerance must be stated at time of quotation.
8. PROOFS: The Seller will submit Prepress proofs along with the original copy for the Customer’s review and approval, Corrections will be returned to the provider on a master set 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. The Seller 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 ORALLY.
9. COLOR PROOFS: 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 variations of this kind occur, it will be considered acceptable performance. Refunds or reprints will not be honored for color variations that have occurred during the printing process.
10. STORAGE: When completed jobs or related materials are not picked up by Customer or scheduled for delivery by Customer within thirty (30) days of completion they will be discarded and recycled. The Seller is not liable for any loss or damage to material. Customer remains liable for payment of any and all jobs, regardless of whether Customer fails to pick up or schedule delivery for such jobs.
11. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITIES. (a) SELLER’S SERVICES, PRODUCTS, INCLUDING WITHOUT LIMITATION, MATERIALS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. (b) Seller will not in any event be liable to any person or entity for any special, consequential, incidental, punitive or other indirect damages under any theory of law for the services, products or materials; for any nondelivery, misdelivery, late delivery, or lost or damaged deliveries or for any other reason, including without limitation, damages for lost profits, even if Customer has advised Seller of the possibility of such damages. Seller will not be liable for any direct damages, and Seller will not adjust, refund or credit of any of the purchase price except as provided in Section 6 above. In no event will Seller be liable for or be obligated to make any adjustment, refund or credit of any kind for any loss, corruption, delay, misprint, non-print, inclusion, omission, delivery, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or other services (any of the foregoing, “Service Failure”) if caused by or results from: (i) Customer’s acts, defaults or omissions; (ii) force majure; (iii) loss, corruption or irretrievability of, or damage to Customer’s provided materials or information; (iv) Customer’s failure to provide an accurate mailing address or other information requested of Customer; (v) acts, defaults or omissions of any person or entity other than Seller, including Seller’s compliance with verbal or written instructions from the sender, recipient or persons claiming to represent Customer; (vi) Seller’s inability to provide a copy of the delivery record or a copy of the signature obtained at delivery; (vii) Seller’s failure to provide a valid shipping account number; or (viii) Seller’s failure to notify Customer of any delay, loss or damage in connection with Customer’s printed product or shipment or any inaccuracy in such notice. (c) None of Seller’s agents, employees or representatives have authority to orally bind Seller to any affirmation, representation or warranty concerning the services or products.
12. TURNAROUND TIMES ARE NOT GUARANTEED: All of Seller’s turnaround times are estimates only and NOT guarantees. Refunds will not be honored for a delay in Seller’s estimated turnaround time.
13. CUTTING & SIZE LIMITATIONS: The accuracy of cutting is not guaranteed and by placing an order with Seller, Customer agrees to this limitation. Seller recommends the Customer read the attached Customer Handbook and Guide. Refunds or reprints will not be honored for cutting or size variations that have occurred during the printing process within these specifications.
14. COPY & DESIGN ERRORS: Customer shall finalize all edits proofread final copy and give Seller its approval of design to print. Seller shall not take responsibility for any copy or design errors committed on Customer’s part. Customer shall not be liable for any incorrect dates or misspelled words in files submitted by Customer or jobs approved by Customer upon design completion. Refunds will not be honored for design errors.
15. DELIVERY SCHEDULE: Seller’s delivery schedule is Monday - Saturday from 9:00am - 6:00pm. Unless otherwise specified, the price quoted for delivery is for a single shipment, without storage, F.O.B. the Seller platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the Seller will charge accordingly at current rates. Charges for delivery of materials and supplies from the Customer to the Seller or from the Customer’s supplier to the Seller are not included in quotations unless specified.
16. PRODUCTION SCHEDULES: Production schedules will be established and followed by both the Customer and the Seller. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, legal holiday, action of government or civil authority, acts of God, or other cases beyond the control of the Seller. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
17. CUSTOMER-FURNISHED MATERIALS: Materials furnished by Customer or his/her/its suppliers shall be verified by delivery tickets. The Seller bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by the Seller. 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 the Seller without alteration or repair. Items not meeting this requirement will be repaired by the Customer or by the Seller at the Seller’s current rates.
18. PAYMENT IN ADVANCE: All orders shall be paid in advance with either cash, money order, Visa, MasterCard, Discover, or American Express. Personal or business checks will not be accepted unless Seller retains an approved credit application for Customer on file. There are absolutely no exceptions. Under no circumstances shall Seller be held responsible for delayed production of a job due to non-payment.
19. BOUNCED (NSF) CHECKS/STOPPED PAYMENTS: Bounced check repayments shall be made by cash, a bank’s cashiers check or money order. There is an additional $40.00 fee for each bounced check. If Customer has a returned check recorded in his/her/its account, Customer shall be restricted to paying with a cashier's check, money order, or cash only. Charges not paid within 30 days of the invoice date will appear on Customer’s account statement with additional late payment charges. If Customer stops payment on a check Seller shall treat such check as a NSF (Non Sufficient Funds) check. If no effort is made by Customer to pay, Customer shall incur additional costs for collection agencies, legal fees and court fees spent by Seller to collect any and all overdue payments.
20. CANCELLATION & REFUND POLICY: Once Customer’s job has been verbally confirmed, Customer may not reschedule, modify, reduce or cancel any order without prior written authorization from Seller. Any such authorization shall be conditioned upon Customer’s paying to Seller any and all costs, expenses, or losses incurred by Seller as a result of the rescheduling, modification, reduction or cancellation. Refunds will not be honored. There are absolutely no exceptions.
21. SAMPLE USE: Piñata Graphics Inc. reserves the right to use Customer’s product for samples or for its own advertising purposes. Customer shall not be entitled to any remuneration for such use.

The undersigned agrees to the terms and conditions stated herein.
_____________________ ______________________ _______________ _______________
Applicant (Printed Name) Authorized Signature Title Date

:: not agree    :: agree

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