Over runs or under runs not to exceed 10% on quantities ordered shall constitute acceptable delivery. Invoice quantity will be the actual quantity shipped.
Quotations are based on the specifications provided. Adgraphics will re-quote an order at the time of submission if the order write up, artwork, or other specifications do not conform to the information on which the original quote was based.
All order changes must be made in writing. Adgraphics will not accept any verbal order changes. Order changes will be at the customers expense and may require additional production time.
Orders may not be cancelled if they are already on press. Order cancellations must be in writing. Adgraphics will not accept any verbal cancellations. Order cancellations will incur a minimum $30.00(v) cancellation charge. Customer will be liable for any additional production or administrative charges incurred by Adgraphics prior to order cancellation.
Prices do not include shipping. Adgraphics is not responsible for any loss, damage, or shipping delays caused by a delivery carrier.
Any quotation not accepted within 30 days is no longer binding.
PDF (screen) proof will be emailed upon request. Paper proof will be provided upon request at customer's expense. Production time is stopped while proof is out for approval. Proof approval must be done in writing. Adgraphics will not accept any verbal proof approvals. Please note that PDF (screen) proofs are for design layout and text proofing. Color variation from PDF (screen) proof is expected and considered acceptable. Customer is responsible for final proof and layout approval.
The customer shall indemnify and hold Adgraphics harmless from any and all loss, liability, cost, expense and damage (including court costs and reasonable attorney fees) on account of any and all claims, demands, actions and proceedings that may be instituted against Adgraphics on grounds alleging that the printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that Adgraphics intentionally contributed to the matter. The customer warrants that the work is not copy righted by a third party. The customer agrees, at the customer's own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Adgraphics, provided that Adgraphics shall promptly notify the customer with respect thereto, and provided further that Adgraphics 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. Adgraphics reserves the right to use its sole discretion to refuse to print anything deemed to be libelous, scandalous, improper or infringing on copy right law.
Adgraphics' liability shall be limited to the stated selling price of any defective goods and shall in no event include special, incidental or consequential damages, including profits (or lost profits). As security for payment of any sum due or to become due under terms of any Agreement, Adgraphics shall have the right to retain possession of and shall have a lien on all customer property in the possession of Adgraphics including work in process 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.
In the event any proceedings (including arbitration) are commenced to collect, enforce or construe this invoice or the goods or services related thereto, then the prevailing party in such proceedings shall be entitled to its reasonable attorney fees and costs thereby incurred. In the event a judgment is entered in such proceedings, it is agreed that said judgment shall provide that the prevailing party shall be further entitled to recover all attorney fees and costs reasonably incurred in collecting said judgment.
For legal purposes, the venue for any dispute shall be Orange County, California, U.S.A.