Welcome to foxpress.com (FOX), Fox Press, LLC. These terms and conditions cover any use of the website foxpress.com (“the site”). Accessing any page of the site means you agree to be bound by these terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS STATED BELOW, DO NOT ACCESS THIS WEBSITE. FOX RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME.
The Printing Industry Trade Customs reflect common business practices in the printing industry. This updated version of trade customs was compiled by the Printing Industries of America, the National Association of Printers and Lithographers, and the Graphic Arts Technical Foundation in 1994. Note: Trade Customs involving rates, payment terms, and warranties may be subject to modification.
Definitions: The following terms and conditions outline the partial relationship between Fox Press, LLC, dba Fire Safety Education and Prevention and Resource Press (Company) and the Customer.
Quotation: A quotation not accepted within thirty (30) days is subject to review, unless otherwise noted. All prices are based on material costs at the time of quotation.
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 provider’s control. Canceled orders require compensation for incurred costs and related obligations.
Experimental Work: Experimental or preliminary work performed at the customer’s request will be charged for all current rates and may not be used until the printer has been reimbursed in full for the amount of the charges billed.
Creative Work: Sketches, copy, dummies and all other creative work developed or furnished by the provider are the provider’s exclusive property. The provider must give written approval for all use of this work and for any ideas derived from it.
Condition of Copy: Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued.
Accuracy of Specifications: Quotations are based on the accuracy of the specifications provided. The provider can re-quote a job at time of submission if copy, film, disks, or other input materials don’t conform to the information on which the original quotation was based.
Electronic Manuscript or Image: It is the customer’s responsibility to maintain a copy of the original file. The provider 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 provider, no claims or promises are made about the provider’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.
Preparatory Materials: Art work, type, plates, negatives, positives, disks, and all other items supplied by the provider remain the provider’s exclusive property.
Alterations/Corrections: Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider’s current rates.
Pre-Press Proofs: Prepress proofs are submitted via e-mail, fax, or copy. Proof-reading of material will be the responsibility of the customer for spelling and number accuracy. The provider will not be responsible for undetected production errors if:
- Proofs are not required by the customer.
- The work is printed per the customer’s O.K.
- Requests for changes are communicated orally.
Press Proofs: Press proofs will not be furnished unless they have been required in writing in the provider’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during makeready. Any press time lost or alterations, corrections made because of the customer’s delay or change of mind will be charged at the provider’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 a variation of this kind occurs, it will be considered acceptable performance.
Over-Runs and Under-Runs: Over-runs or under-runs will not exceed 10 percent of the quantity ordered. The provider will not bill for actual quantity delivered within this tolerance, but rather the quantity ordered. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation. Additional charges may be assessed.
Customer’s Property: The Company will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’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 the premium is paid to the provider.
Delivery: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Fox Press, Hammond, LA 70403. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point, or upon mailing of invoices for the finished work or its segments, whichever occurs first.
Production Schedules: Production schedules will be established and followed by both the customer and provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases schedules will be extended by an amount of time equal to the delay incurred.
Customer-Furnished Materials: Material furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the provider. 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 provider without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider’s current rates.
Outside Purchases: Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
Terms: Payment shall be whatever was set forth in the quotation or invoices unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within a period of fifteen (15) days after the delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Further, in consideration of such extension of credit, it is understood all bills shall be due and payable THIRTY (30) days from the invoice date; and that the Company has the right and option to charge interest on all past due accounts at the rate of 1.5% per month. If an account is past due, Customer agrees to pay reasonable attorney’s fees, court costs, and/or collection agency fees. Customer has right to pay for Company’s services and products in advance.
Liability: The Company’s liability shall be limited to invoiced price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any Agreement, Company shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in Company’s possession including work in progress and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.
Indemnification: The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and safe, 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 the provider 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 the provider in legal actions on these grounds as long as the provider: 1. Promptly notifies the customer of the legal action. 2. Gives the customer reasonable time to undertake and conduct a defense. 3. The provider reserves the right to use his/her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
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.
Print Production Time: Print Production Time starts the following business day in which Company has received Customer print-ready files, proof approval and payment for the order. Proofs must be approved and payment received by 5:00 PM Central time.
Mailing Services: All Customer mailing lists remain the property of the Customer. The Customer is responsible for providing a correct and accurate mailing list to Company. Customer list will never be distributed or offered for sale by Company to any third party. Customer warrants that lists provided to Company are the property of the Customer or appropriately licensed for Customer use.
All mailing delivery dates are estimates only. Customer acknowledges that Company has no control of the delivery of the materials through the USPS. Company’s responsibility ends once the materials have been delivered to the USPS Bulk Mail Entry Unit. Company is not liable for USPS performance problems or delivery delays.
If you elect to use Company’s indicia on a mail piece, you will not be sent any additional overages from the production run. Company will send you five (5) copies of the printed materials as samples of the job.
Mailing Lists provided by Company are sold on an “AS IS” basis. Company does not warranty or assure the correctness, comprehensiveness or effectiveness of supplied mailing list data.
Returns and Refunds: All sales are final, as each product produced is custom to the Customer and has no resale value. If Company made an error in the print production process, the job will be reprinted or discounted on a case by case basis. Materials sent by the USPS mailing service are not eligible for return or refund. If there is a defect on a mail services job, Company will evaluate potential refund/reprint on a case by case basis. USPS postage is not refundable once the materials have been submitted to the USPS Bulk Mail Entry Unit.
Governing Law: The laws of the State of Louisiana shall govern the performance of these Terms and Conditions, without regard to such state’s conflict of laws and principals. The Customer consents to the exclusive venue and jurisdiction of the courts located in Tangipohoa Parish, Louisiana for any and all claims and disputes relating to or arising out of this Agreement and the Terms and Conditions of the site.
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