Mayer Litho, Inc. Standard Terms & Conditions

Quotations and Estimates
Mayer Litho, Inc.’s quotations are valid for 30 days unless otherwise noted on the quotation. Quotations are based on the accuracy of the specifications provided. Mayer Litho can requote a job at the time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.

Experimental and Creative Work
Experimental or preliminary work performed at Customer’s request will be charged to Customer at Mayer Litho, Inc’s current rates. This work may not be used without Mayer Litho’s written consent. Sketches, copy, dummies, and all other creative work developed or furnished by Mayer Litho are the exclusive property of Mayer Litho. Mayer Litho must give written approval for all use of this work and for any derivation of ideas from it.

Customer Submitted Artwork or Graphics
All artwork, designs and images submitted to Mayer Litho, Inc. must meet artwork requirements as specified on the Mayer Litho website (www.mayerlitho.com). As a standard procedure, Mayer Litho will “preflight” all artwork before printing. The preflight process facilitates identifying potential problems with the artwork that could affect printing quality. Mayer Litho will inform Customer of potential problems, but it is the responsibility of Customer to resolve the issue.
Electronic Manuscripts/Images

It is Customer’s responsibility to maintain a copy of the original file as supplied to Mayer Litho, Inc. (for use in printing, mailing services or any other service). Mayer Litho is not responsible for accidental damage to media supplied by Customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by Mayer Litho, no claims or promises are made about Mayer Litho’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.

Prepress Proofs
Mayer Litho, Inc. will supply Customer with a proof of artwork prior to printing. The proofing process provides Customer a final opportunity to review artwork for typos, misspelling, missing information, incorrect information or anything not desired in the production copy. By approving the proof, Customer is verifying the accuracy of the artwork and indemnifying Mayer Litho from errors in a final product due to any of the following: misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, and finished product size. Approvals in the form of a fax, email or verbal reply will be considered valid and enforceable. 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.

Cancellations and Refunds
Orders may not be cancelled or refunded once they have gone into production or any process thereafter. Orders that have not gone into production may incur prepress charges including but not limited to typesetting, graphic design, preflight processing, proofs and plates. Mayer Litho, Inc. is not responsible for any duplicated orders that are placed on our website due to a mistake by Customer. Any cancellation or compensation given to Customer will be refunded in a timely manner. Please allow up to 10 business days for the monies to be returned.
Customer must notify Mayer Litho within 6 business days of order acceptance to notify any defects discovered in the ordered product or the claim will be denied. In order to receive replacement, Customer must return 100% of the received product within 15 days (at Customer’s own expense) from the time when the ordered product delivery was taken. All charges related to expedited service (rush printing or shipping) are not refundable, including for those orders that are returned for any reason.

Indemnification of Customer Content
Customer agrees that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the party from which such Content originated. This means that Customer, and not Mayer Litho, Inc., is entirely responsible for all Content that Customer uses, sends, uploads, posts or transmits to Mayer Litho. Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Customer agrees to not use the Mayer Litho website to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Mayer Litho or any third party. Under no circumstances will Mayer Litho be liable to Customer in any way for any Content that Customer may be exposed to that Customer may find offensive, indecent or objectionable.

Customer acknowledges that Mayer Litho does not pre-screen Content, but that Mayer Litho and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. Customer further acknowledges and agrees that Mayer Litho may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Mayer Litho, its users and the public.

Use of Artwork
Mayer Litho, Inc. reserves the right to use the artwork that Mayer Litho prints in any of its publications, sample kits or any other promotional use.

Mail Lists
Mayer Litho, Inc.’s standard pricing for mailing service is contingent on receiving a single mail list in the Microsoft Excel, comma delimited or tab delimited file formats. Mayer Litho reserves the right to charge Customer an additional fee if Mayer Litho is required to consolidate multiple files or edit individual records. Customer acknowledges that Mayer Litho shall not be held liable for mailing Customer product to incorrect records due to an error made by Customer. An error may be constituted by incorrect, incomplete or ambiguous data records. To avoid confusion and eliminate mishaps, Customer is requested and highly encouraged not to supply unnecessary fields in the data set.

Postage
Mayer Litho, Inc. requires prepayment on postage. When mailing services are rendered by Mayer Litho, the cost of postage is passed on to Customer. As is trade custom, estimated postage shall be paid with a check three days prior to the desired mail drop date. However, in an effort to be flexible for Customers with smaller mailings, Mayer Litho allows for two alternatives to prepayment: (A) Customer can choose to use a credit card to pay for postage and will be charged an additional convenience fee of 3% on the cost of postage to cover credit card merchant fees; or (B) Customer with approved credit terms may pay for postage on account if the estimated postage is less than $500. An additional convenience fee of 3% on the cost of postage will be applied. Estimated postage over $500 must always be prepaid.

Color Reproduction
Customers that require exact color matching on one-color and two-color jobs must define a PMS (Pantone® Matching System) color at the time of order. A PMS color may also be used on four-color process jobs to target a specific CMYK color for design purposes; however, spot colors will only be used on one-color and two-color work. Process printing may result in slight variations in color from one run to another.

Overruns/Underruns
Overruns or underruns will not exceed 10 percent of the quantity ordered. Mayer Litho, Inc. may bill for the actual quantity delivered within this tolerance. If Customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

Limited Liability
Under all circumstances, if Mayer Litho, Inc. prints any product that is incorrect due to an error made by Mayer Litho (not Customer’s error or oversight), Mayer Litho’s liability is limited to reprinting and shipping whatever product Mayer Litho printed incorrectly. In no event shall Mayer Litho or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Mayer Litho has been advised of possibility of the damage, arising out of or in connection with the use of the product or service.

Lead Times
Mayer Litho, Inc. will generally provide a proof within 1-4 business days of Customer submitting a complete order for most products. Some products that require more extensive graphic design or copywriting services may take additional days to produce a proof. Most orders will be printed within 6 business days from Customer’s approval of proof. Mayer Litho will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

Customer’s Property
Mayer Litho, Inc. will only maintain fire and extended coverage on property belonging to Customer while the property is in Mayer Litho’s possession. Mayer Litho’s liability for such property will not exceed the amount recoverable from insurance. Ad¬ditional insurance coverage may be obtained if it is requested in writing and if the premium is paid to Mayer Litho.

Transfer of Title & Delivery
Unless otherwise specified, the price quoted by Mayer Litho, Inc. is for a single shipment, without storage, FOB shipping point (typically Placentia, CA). Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first. Mayer Litho’s standard shipping method is UPS ground. Consult the UPS website for shipping times. Mayer Litho shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Mayer Litho's direct control. Mayer Litho’s shipment and delivery dates are calculated based upon estimates provided by our suppliers.

Payment Terms
Customers may apply for a credit account by submitting a credit application. Without a credit account, Mayer Litho, Inc.’s standard payment terms are COD. Any new Customer may be requested to prepay up to 100% of estimated bill. Mayer Litho accepts American Express, Visa, MasterCard, as well as cash and check. (Terms for postage payment are specifically addressed in Postage.)

Will Call
Mayer Litho, Inc.’s will call hours are from 8:00 am to 3:00 pm on normal business days. Will call orders will be kept for 30 days. Orders left at Mayer Litho for more than 30 days will be considered abandoned and may be destroyed or recycled after reasonable effort by Mayer Litho to contact Customer.

Venue
In the event of suit regarding this contract, then venue and jurisdiction therefore shall be in either the Superior or Municipal Court, as appropriate, of the County of Orange, California.

Website Links
Customer may find links to third party websites published on Mayer Litho, Inc.’s website. Customer acknowledges and understands that access and use of any third party website will be governed by the terms and conditions belonging to such third party. Mayer Litho does not endorse and is not responsible for Customer’s use of or exposure to any content, advertising, products, or other materials found at or available from these websites. Customer further acknowledges and agrees that Mayer Litho shall not be responsible or liable, directly or indirectly, for any damage or loss Customer may suffer or allege to suffer in connection with Customer’s use of or reliance upon any content, goods or services available on or through any third party website.

Privacy
A complete description of our privacy practices can be found on the website's privacy policy page.

Last updated 9/25/09