Terms and Conditions of Sale
1. Quotations - Prices obtained from Merritt Press, Inc.
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 Merritt Press, Inc. 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 – Merritt Press, Inc. 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. Merritt Press, Inc. 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. Merritt Press, Inc.
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 Merritt
Press, Inc. , its employees or representatives merely reflect the average
completion times of similar orders. Merritt Press, Inc. shall not be bound by
such schedules unless otherwise agreed to in writing for an additional cost
under our express print program. Merritt Press, Inc. sole liability in the
event of a failure by Merritt Press, Inc. 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 Merritt Press, Inc. assume the
customer provides properly prepared files following Merritt Press, Inc. 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 Merritt
Press, Inc. along with the supplied proof. If an electronic PDF proof is sent,
customer must indicated approval or disapproval in writing to Merritt Press,
Inc. . Delay in completing and returning your proof will delay completion of
your order. Merritt Press, Inc. 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. Merritt Press, Inc. will make
every effort to produce a reasonable representation based on materials supplied
by the customer however CP7I 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. Merritt Press, Inc. 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, Merritt Press, Inc. 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. Merritt Press, Inc. 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 Merritt Press, Inc. 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 Merritt
Press, Inc. specifications. Delays and additional expenses incurred as a result
of customer materials that are not in conformity to Merritt Press, Inc.
specifications shall be the responsibility of the customer. Merritt Press, Inc.
shall maintain standard commercial insurance coverage on all customer furnished
materials. Merritt Press, Inc. sole responsibility for such property shall not
exceed the amount recoverable from said insurance.
16. Inspection of Jobs, Ownership of Intellectual Property and
Indemnity – Merritt Press, Inc. reserves the right to inspect
all jobs and reject any job which we deem to be illegal, immoral or offensive,
however Merritt Press, Inc. 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 Merritt Press, Inc. 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 Merritt Press, Inc. 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 Merritt Press, Inc. 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, MERRITT PRESS, INC. IS SELLING THE PRODUCTS ORDERED BY
THE CUSTOMER “AS IS”, “WITH ALL FAULTS” AND WITHOUT
WARRANTY. IN NO EVENT SHALL MERRITT PRESS, INC. 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.
MERRITT PRESS, INC.’S AGGREGATE LIABILITY TO CUSTOMER IN CONNECTION WITH
ANY ORDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO MERRITT
PRESS, INC. FOR SUCH ORDER (EXCLUSIVE OF POSTAGE AND SHIPPING FEES).
19. Governing Law – By visiting or purchasing from
Merritt Press, Inc. , you agree that the laws of the state of Michigan, 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 Merritt
Press, Inc.
