Contract, Terms and Conditions of Sale

1. QUOTATIONS:   Subject to acceptance within 30 days. Quotations are based on the cost of labor and materials on the date of the quote. If changes occur in cost of material, labor or other costs prior to acceptance, the right is reserved to change the price quoted. Subsequent orders will be subject to price revision if required. Quotations do not include postage or applicable taxes unless specified separately.

2. CANCELLATION:   Order may be cancelled by the customer at any time by notice in writing with the understanding that SmartSort Services will be compensated in full for any work or services performed or materials purchased prior to cancellation.

3. ACCURACY OF SPECIFICATIONS:   Quotations are based on the accuracy of specifications provided. We may re-quote the job at time of submission if original copy, files, disks, or other input materials do not conform to the information on which our original quotation was based. If there are changes in specifications or instructions resulting in additional costs, the work performed will be billed at current rates.

4. DELIVERY:   Unless otherwise specified the prices quoted do not include delivery.
Freight charges from client to plant, or from client supplier to plant are not included in any quotations, unless specified.
At the buyer’s request, special priority pick-up or delivery service by outside services will be provided at prevailing rates.
Material delivered is verified with the packing slip as to cartons, packages, or items shown only. The accuracy of quantities indicated on packing slips cannot be verified and we cannot accept liability for shortage based on suppliers’ packing slips.

5. COPYRIGHT:   We specifically point out that we assume no liability of any kind in connection with processing of material protected by copyright law, when buyer provides copy not bearing proper copyright identification. The customer agrees to indemnify and hold the provider harmless for all liability, damages, and legal fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. The provider reserves the right to use his or her sole discretion in refusing to process anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.

6. CLAIMS:   Work performed shall be deemed to be acceptable to buyer unless advised in writing within 10 days of completion of the order. Liability shall be limited to value of the work performed. If no such claim is made, SmartSort and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that SmartSort’s performance has fully satisfied all terms, conditions, and specifications.

7. POSTAGE:   Quotations may not include postage. Payment of postage in advance is required on all orders. In special cases if requested, SmartSort may agree to advance postage but may add a fee. Prepaid or collect freight bills paid by us are subject to service charge.

8. ELECTRONIC MANUSCRIPT OR IMAGE:   It is the customer’s responsibility to maintain a copy of the original file. SmartSort 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 the printer/mailer, no claims or promises are made about the printer/mailer’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. If requested, electronic materials will be archived (at customer’s risk) for a period of at least two years, but no more than five years. De-archiving and delivery of electronic files, if requested by customer, will be charged at current rates.

9. CUSTOMER'S PROPERTY:   The printer/mailer will only maintain fire and extended coverage on property belonging to the customer while the property is in the printer/mailer’s possession. The printer/mailer’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 the printer/ mailer.

10. ACCEPTANCE OF ORDER:   The customer or purchaser agrees that printer/mailer may refuse at any time to print or mail any copy, photographs or illustrations of any kind that in his sole judgment he believes is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, or which in his sole judgment is an infringement on a trade mark, trade name or copyright belonging to others.
The customer also agrees to defend and hold him harmless in any suit or court action brought against him for alleged damages, costs and reasonable attorney fees, resulting from his printing or mailing any copy, photographs or illustrations that is felt by others to be degrading libelous, or harmful to their reputations, images, or standing in the community, or which in his sole judgment is an infringement on a trade mark, trade name or copyright belonging to others.

11. PAPER STOCK:   Paper stock furnished by the customer shall be properly packed, free from dirt, grit, torn sheets, bad splices, etc., and of proper quality for production requirements. Additional cost due to delays or impaired production on account of improper packing or quality shall be charged to the customer. Delivered quantity will not be guaranteed. A handling charge will be made on all paper stock furnished and for the care thereof.

12. MAILING LISTS:   Buyer’s mailing list(s) in printer/mailer’s possession for storage or otherwise is the exclusive property of Buyer and shall be used only at his instructions. We assume responsibility for replacement of such list(s) in the event of loss by fire, vandalism, theft, or other such causes, only if the customer has a duplicate list or has the source material from which the list(s) was compiled, and then only to the extent of the costs involved in replacing what was lost. We do not accept liability or responsibility for compiling such lists nor for an intangible or special value attached thereto.

13. MATERIAL:   Printer/mailer assumes in our quotations that all material provided to us will permit efficient handling on our equipment. Materials furnished to us which are not up to standard and result in excessive production time due to poor quality, folding characteristics, face trimming, packing, sticking together of material, insufficient leeway between enclosures and envelopes, square envelope flaps, or other cause, will be subject to pricing at special rates. Buyer will be notified when deficiency is discovered and approval obtained for handling at special rates before proceeding with work.
All direct mail handling and processing involves spoilage. Allowances for spoilage should be taken into consideration in ordering necessary material for our further handling. Every effort will be made to handle buyer’s material with frugality and to prevent undue spoilage. We do not process material which is running at excessive spoilage rates without notification to the buyer. Nevertheless, we cannot accept responsibility for shortages of material as a result of spoilage in processing.
All stock and materials belonging to buyer will be held and stored only at buyer’s risk.

14. DELIVERY SCHEDULES:   We will make every effort to meet scheduled delivery and mailing dates, but accept no liability for our failure to meet any requested delivery dates. In addition, we have no control over Post Office delivery schedules and cannot guarantee when mail deposited by us will be delivered by the Postal Service. All work orders accepted contingent to fire, accident, act of God, mechanical breakdown or other cause beyond our control. Since the time element is an integral part of our business, quoted prices are based upon a specific set of time schedules for completion. Any requested deviation from the schedules described or agreed by both parties at commencement of order, may alter the quoted price.

15. ERRORS IN MAILING:   Mailer shall be liable only to the extent of remailing a correction or corrected job as soon as possible to rectify the mistake. Liability shall be limited to value of the work performed.

16. 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 the provider for any additional taxes paid.

17. TELECOMMUNICATIONS:   Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.

18. TERMS OF PAYMENT:   Net 15 days upon approval of credit.