1. Quotation: A quotation not accepted within thirty (30) days is subject
to review.
2. Orders: Orders regularly entered, verbal or written, cannot be cancelled
except upon terms that will compensate AIM Printing against loss.
3. Experimental Work: Experimental work performed at customer's request,
such as sketches, drawings, composition, plates, presswork and materials will be
charged for at current rates and may not be used without consent of AIM Printing.
4. Preparatory Work: Sketches, copy, dummies and all preparatory work
created or furnished by AIM Printing, shall remain our exclusive property and no
use of same shall be made, nor any ideas obtained therefrom be used, except upon
compensation to be determined by AIM Printing.
5. Condition of Copy: Extimates for typesetting are based on the receipt
of original copy or manuscript clearly typed, doublespaced on 8.5"x11" uncoated
stock, one side only. Condition of copy which deviates from this standard is subject
to re-estimating and pricing review by printer at time of submission of copy, unless
speci_ed in the estimate.
6. Preparatory Materials: Art work, type, plates, negatives, positives
and other items when supplied by AIM Printing shall remain our exclusive property
unless agreed in writing.
7. Alterations: Alterations represent work performed in addition to
the original speci_cations. Such additional work shall be charged at current rates
and be suported with documentation upon request.
8. Proofs: Proofs shall be submitted with original copy. Corrections
are to be made on "master set", returned marked "O.K." or "O.K. with corrections"
and signed by customer. If revised proofs are desired, request must be made when
proofs are returned. AIM Printing regrets any errors that may occur through production
undetected, but cannot be held responsible for errors if the work is printed per
customer's O.K. or if changes are communicated verbally. AIM Printing shall not
be responsible for errors if the customer has not ordered or has refused to accept
proofs or has failed to return proofs with indications of changes or has instructed
AIM Printing to proceed without submission of proofs.
9. Press Proofs: Unless speci_cally provided in AIM Printing's quotation,
press proofs will be charged for at current rates. An inspection sheet of any form
can be submitted for customer approval, at no charge, provided customer is available
at the press during the time of makeready. Any changes, corrections or lost press
time due to customer's change of mind or delay will be charged for at current rates.
10. Color Proo_ng: Because of di_erences in equipment, paper, inks
and other conditions between color proo_ng and production pressroom operations,
a reasonable variation in color between color proofs and the completed job shall
constitute acceptable delivery. Special inks and proo_ng stocks will be forwarded
to customer's suppliers upon request at current rates.
11. Over Runs or Under Runs: Over runs or under runs not to exceed
10% on quantities ordered up to 10,000 copies and/or the percentage agreed upon
over or under quantities ordered above 10,000 copies shall constitute acceptable
delivery. AIM Printing will bill for actual quantity delivered within tolerance.
If customer requires guaranteed "no less than" delivery, precentage tolerance of
overage must be doubled.
12. Governing Law: Any disputes arising out of or in any way concerning
these Terms and Conditions shall be exclusively governed by the laws of the State
of Texas.
13. Delivery: Unless otherwise speci_ed, the price quoted is for a
single shipment, without storage, F.O.B. AIM Printing's platform for out-of-town
customers. Proposals are based on continuous and uninterrupted delivery of complete
order, unless speci_cations distinctly state otherwise. Charges related to delivery
from customer to AIM Printing, or from customer's supplier to AIM Printing are not
included in any quotations unless speci_ed. Special priority pickup or delivery
service will be provided at current rates upon customer's request. Materials delivered
from customer or his suppliers are veri_ed with delivery ticket as to cartons, packages
or items shown only. The accuracy of quantities indicated on such tickets cannot
be veri_ed and AIM Printing cannot accept liability for shortage based on supplier's
tickets. Title for _nished work shall pass to the customer upon delivery, to carrier
at shipping point or upon mailing invoices for _nished work, whichever occurs _rst.
14. Production Schedules: Production schedules will be established
and adhered to by customer and AIM Printing, provided that neither shall incur any
liablilty or penalty for delays due to state of war, riot, civil disorder, _re strikes,
accidents, action of government or civil authority and acts of God or other causes
beyond the control of customer or AIM Printing.
15. Customer Furnished Materials: Paperstock, camera copy, _lm, color
separations and other customer furnished materials shall be manufactured, packed
and delivered to AIM Printing's speci_cations. Additional cost due to delays or
impaired production caused by speci_cation de_ciences shall be charged to the customer.
16. Terms: Payment shall be net cash thirty (30) days from date of
invoice unless otherwise provided in writing. Claims for defects, damages or shortages
must be made by the customer in writing within a period of thirty (30) days after
delivery. Failure to make such claim within the stated period shall constitute irrevocable
acceptance and an admission that they fully comply with terms, conditions and speci_cations.
AIM Printing's liability shall be limited to stated selling price of any defective
goods, and shall in no event include special or consequential damages, including
pro_ts (or pro_t loss). As security for payment of any sum due or to become due
under terms of any Agreement, AIM Printing shall have the right, if necessary, to
retain possession of and shall have a lein on all customer property in AIM Printing's
possession including work in process and _nished work. The extension of credit or
the acceptance of notes, trade acceptances or guarantee of payment shall not a_ect
such security interest and lein.
17. Indemni_cation: The customer shall indemnify and hold harmless
AIM Printing from any and all loss, cost, expense and damages on account of any
and all manner of claims, demands, actions and proceedings that may be instituted
against AIM Printing on grounds alleging that the said printing violates any copyright
or any proprietary right of any person, or that it contains any matter that is libelous
or scandalous, or invades any person's right to privacy or other personal rights,
except to the extent that AIM Printing has contributed to the matter. The customer
agrees to, at the customer's own expense, promptly defend and continue the defense
of any such claim, demand, action or proceeding that may be brought against the
printer, provided that AIM Printing shall promptly notify the customer with respect
thereto, and provided further that the printer shall give to the customer such reasonable
time as the exigencies of the situation may permit in which to undertake and continue
the defense thereof.
18. Forum Selection Clause: The forum for any disputes, lawsuits, and/or
claims arising out of or concerning these Terms and Conditions shall be limited
to civil district courts of Harris County, Texas.