Tapecon Terms and Conditions

TAPECON TERMS and CONDITIONS of SALE

The following Terms and Conditions of Sale reflect common practices of the printing industry. These practices were adapted from trade customs by a joint committee of NAPL, GATF, and PIA, the leading printing trade associations in North America.

Quotation

A quotation not accepted within 30 days may be changed.

Orders

Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism. acts of God, and other causes beyond Tapecon's control. Canceled orders require compensation for incurred costs and related obligations.

Experimental Work

Experimental or preliminary work performed at customer's request will be charged to the customer at Tapecon’s current rates.

Creative Work

Sketches, copy, dummies and all other creative work developed or furnished by Tapecon are Tapecon’s exclusive property. Tapecon must give written approval for all use of this work and for any derivation of ideas from it.

Accuracy of Specifications

Quotations are based on the specifications provided. Tapecon may re‑quote a job at the time of purchase order submission if any supplied materials or requirements do not conform to the basis of the original quotation.

Preparatory Materials

Art work, type, plates, negative, positives, and all other items supplied by Tapecon remain Tapecon’s exclusive property.

Digital Files Provided by the Customer

The customer is solely responsible for retaining a copy of all original files provided. Tapecon is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by Tapecon, no claims or promises are made about Tapecon’s 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 charged at prevailing rates.

Alterations/Corrections

Customer alterations include all work performed in addition to the original specification. All such work may be charged at Tapecon's current rates.

Prepress Proofs

Tapecon will submit prepress proofs for the customers' review and approval. Approved proofs will be signed and returned by the customer. Tapecon will not be responsible for undetected errors if the proof was approved by the customer.

Press Proofs

Press proofs will not be furnished unless they have been required in writing in Tapecon’s quotation. A press sheet can be submitted for the customer's approval as long as the customer is present at the press during make ready. Any press time lost or alterations corrections made because of the customers delay or change of mind will be charged at Tapecon’s current rates.

Color Proofing

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 variation of this kind occurs, it will be considered acceptable performance.

Color Matches

A color printed on varying substrates looks different. For critical color matches, color chips should be requested that are printed on the actual material. Unless otherwise agreed to, production parts could vary up to 2 Delta E from the established color chip.

For those customers who refer to the Pantone Matching System as a color guide, the final color will be dependent on the substrate selected.

Over-runs or Under-runs

Over-runs or under-runs will not exceed 10 percent of the quantity ordered. Tapecon will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

Customer's Property

Tapecon will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider's possession. Tapecon'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 Tapecon.

Outside Purchases

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

Terms/Claims/Liens

Payment is net cash 30 calendar days from date of invoice. Claims for defects, damages or shortages must be made by the customer in writing no later than 30 calendar days after delivery. If no such claim is made, Tapecon and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Tapecon’s performance has fully satisfied all terms, conditions, and specifications. Tapecon's liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, Tapecon has the right to hold and place a lien on all customer property in Tapecon's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been made, the customer is liable for all collection costs incurred.

Liability

Disclaimer of Express Warranties: Tapecon warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, 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.

Disclaimer of Implied Warranties: Tapecon warrants only that the work will conform to the description contained in the purchase order and quotation, but otherwise makes no warranty of merchantability in other respects than expressly provided therein, nor of fitness for a particular purpose. Final Determination of the suitability of the product for the use contemplated by the buyer is the sole responsibility of the buyer and Tapecon shall not be liable for any damages or losses incurred by the buyer that result from the use of, or inability to use, products covered by this warranty.

Furthermore, Tapecon's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Tapecon be liable for specific, individual, or consequential damages.

Indemnification

The customer agrees to protect Tapecon from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Tapecon 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.

Copyrights

The customer also 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 Tapecon 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 Tapecon in all legal actions on these grounds as long as the provider:

• Promptly notifies the customer of the legal action.
• Gives the customer reasonable time to undertake and conduct a defense. Tapecon reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.

Storage

Tapecon will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. Tapecon is not liable for any loss or damage to store material beyond what is recoverable by Tapecon’s fire and extend insurance coverage.

Taxes

All amounts due for taxes and assessments will be added to the customer's invoice and are the responsibility of the customer. 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 Tapecon for any additional taxes paid.

Tooling

Buyer shall be charged for tooling. All such charges shall be invoiced with the first shipment unless otherwise agreed. Tooling shall remain Tapecon ‘s property. It is Tapecon 's obligation as the owner to ensure the tooling's viability.

Tooling retained by Tapecon will be maintained for active programs only. If no orders utilizing such tooling are placed for a period of three (3) consecutive years, Tapecon reserves the right to remove the tooling from service without notice due to storage constraints, equipment changes, or process obsolescence. Any future production requiring tooling that has been removed from service shall require the customer to purchase new tooling at Tapecon’s then current rates.