Terms & Conditions of Use
TERMS AND CONDITIONS OF USE
The printing terms used below are normal and customary terms in the printing industry; a glossary of customary printing terms is available from Plese Printing & Marketing on request.
- ESTIMATE: Plese Printing & Marketing may give customers an estimate (the probable cost of a job based on initial specifications from the customer) orally or in writing, with or without reviewing the original copy (written material, art, photographs and/or graphics). An Estimate is not binding on Plese Printing & Marketing.
- QUOTATION: Customer may cancel any verbal or written Order (acceptance of a Quotation) upon compensation (which will include customary profit) to Plese Printing & Marketing for the work already performed on the Order by Plese Printing & Marketing prior to cancellation. Plese Printing & Marketing will suspend all work on Order upon cancellation and will not be liable to customer or others for failure to meet any delivery date, finish any work or complete any job.
- ORDER: Customer may cancel any verbal or written Order (acceptance of a Quotation) upon compensation (which will include customary profit) to Plese Printing & Marketing for the work already performed on the Order by Plese Printing & Marketing prior to cancellation. Plese Printing & Marketing will suspend all work on Order upon cancellation and will not be liable to customer or others for failure to meet any delivery date, finish any work or complete any job.
- PLESE PRINTING & MARKETING ORIGINAL ARTWORK/OWNERSHIP OF ARTWORK: Regardless of any term or condition to the contrary, Artwork/Experimental/Creative Work [i.e. design and layout of Customer Copy and/or ideas, artwork, sketches, copy, logos, dummies and all preparatory work (Plese Printing & Marketing Artwork)] performed at the customer’s request and created, developed and furnished by Plese Printing & Marketing specifically for customer will remain Plese Printing & Marketing’s exclusive property and will be charged in the amount separately listed in the Quotation or Invoice (writing delivered on completion of jobs stating all charges for job) or separately quoted upon customer’s request (whether before or after the completion or delivery of job) for Plese Printing & Marketing Artwork.
- EXCLUSIVE RIGHTS GRANTED: Upon Plese Printing & Marketing being paid in full both the amount separately listed for the Plese Printing & Marketing Artwork and the remainder of the Invoice amount for the job, Plese Printing & Marketing transfers to Customer the exclusive right to use the Artwork only for the purpose described on the reverse hereof (“Usage”). Plese Printing & Marketing reserves all rights not expressly granted to Customer. Any other usage by Customer shall require the payment of an agreed upon additional fee. Unless otherwise agreed to, all Artwork shall be produced and printed exclusively by Plese Printing & Marketing.
- CUSTOMER FURNISHED MATERIAL(S): Customer Furnished Material(s) (i.e. paper stocks, inks, camera-ready copy, film and color separation and other such items) shall be manufactured and delivered in accordance with the specifications separately listed in the Quotation. Cost and expenses not separately listed in the Quotation due to delays or impaired production caused by failure to comply with specifications will be charged to customer.
- CONDITION OF ORIGINAL COPY: Upon Review of original Copy, if the condition, state, characteristics, composition, appearance, fitness or other circumstances of the original Copy differ from that which had been initially described and upon which initial description of Estimate was made, such Estimate will automatically be rendered null and void, and Plese Printing & Marketing will issue a new Estimate or Quotation.
- PREPARATORY MATERIALS: Regardless of any terms or conditions to the contrary, and subject to paragraphs 4 & 5, preparatory materials (final Copy used to go to print: i.e. working mechanical art, type, negatives, positives, flats, plates, and other such items) when created, developed or furnished by Plese Printing & Marketing will remain Plese Printing & Marketing’s exclusive property. Customer will acquire title to, and/or the right to use, Preparatory Material only upon Plese Printing & Marketing being paid in full both the amount separately listed in the Quotation or invoice or separately quoted upon customer’s request (whether before or after completion or delivery of job) for Preparatory material and the reminder of the Invoice amount for the job.
- ALTERATIONS/CORRECTIONS: Alterations represent work performed in addition to or changes of the original specifications listed in the Quotation. Plese Printing & Marketing will quote customer separate charges for Alterations. If Alterations are made at customer’s request, customer agrees to pay Plese Printing & Marketing Alteration Charges in addition to the original Quotation or Invoice amount for the job. Corrections represent rectification’s or typos, mistakes and unauthorized deviations from the original Copy and/or specifications listed in the Quotation.
- PRE-PRESS PROOF(S): Pre-Press Proof(s) (pre-printing test sheet made to reveal errors or flaws and how job will appear) will be submitted to customer with original Copy, if provided by customer. Corrections will be made on one set of pre-press Proof(s) only (masterset) and return marked “OK” or “OK with Corrections.” signed by customer. If master set of pre-press Proof(s) is returned marked “Ok with Corrections” at time of return of the master set, customer MUST request, in writing, corrected pre-press proof(s). Plese Printing & Marketing will not be liable for errors, mistakes or breaches of an express and/or implied warranties (including of fitness and/or merchantability) if the customer has failed to return master set of pre-press Proof(s) or corrected pre-press Proof(s) with indication of corrections and/or if customer has instructed Plese Printing & Marketing to proceed without submission of pre-press Proof(s) or corrected pre-press Proof(s).
- COLOR PROOF(S): Plese Printing & Marketing will not be liable for breaches of any express and/or implied warranties (including fitness and/or of merchantability) by reason of reasonable color variation(s) between color Proof and finished work, and such reasonable color variation(s) between color Proof and finished work, and such reasonable color variation(s) in finished work shall constitute acceptable delivery.
- PRESS PROOF(S): Unless separately listed in the Quotation, no Press Proof(s) made on the press using the plates, paper and ink specified for the job) will be provided. If Press Proof(s) are not separately listed in the quotation, upon customer’s request Plese Printing & Marketing will quote a charge (including any off premises printing costs). An Inspection Sheet (a one sheet/page sample Press Proof of a multiple sheet/page job) of any form (i.e. loose, composite, unfinished, not final or otherwise) will be submitted for customer approval at no additional charge provided that customer is available at the press (unless other arrangements are made) during the time of Make-ready (activities required to set up the press before production begins). Customer agrees to pay Plese Printing & Marketing for charges (including off premises printing costs) for lost press time due to customer delay or customer changes and corrections.
- OVER-RUNS AND UNDER-RUNS: Over-runs and under-runs not to exceed 10% (Quantity Range) on quantities ordered, or the Quantity Range otherwise separately listed in the Quotation specification, shall constitute acceptable delivery.
- DELIVERY: Unless separately listed in the Quotation, the Quotation is for a single shipment (*i.e. one continuous, uninterrupted delivery for complete job order without storage), F.O.B. local customer’s place of business or F.O.B. Plese Printing & Marketing’s platform for out-of town related customers. Unless separately listed in the Quotation, the Quotation will not include charges related to delivery from customer or customer’s supplier to Plese Printing & Marketing or special priority pickup or delivery service. Customer or customer’s supplier delivery or special priority pickup or delivery service upon customer’s request will be charged by Plese Printing & Marketing. Materials delivered from customer or customer’s supplier will be verified with supplier’s ticket(s) only as to cartons, packages, or other items delivered. The accuracy of quantities contained in such materials delivered as indicated on supplier’s ticket(s) will not be verified, and Plese Printing & Marketing will not be liable for shortage based on supplier’s ticket(s).
- TITLE: Subject to paragraphs 4 & 5, title and risk of loss for finished work will pass to customer upon identification or completion of job, whichever occurs first.
- PRODUCTION SCHEDULE(S): Production Schedule(s) and delivery date(s) will be separately listed in the Quotation. Customer and Plese Printing & Marketing agree to adhere to production schedule(s) and delivery date(s); provided that neither will be liable for delay due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action(s) of government or civil authority, act(s) of God or other cause(s) beyond the control of Plese Printing & Marketing. Where production schedule(s) is (are) not adhered to by customer, delivery date(s) will be renegotioated.
- TERMS: Customer agrees to pay amount(s) on term(s) separately listed in the Quotation, Invoice or other agreement. Customer agrees that claim(s) for Nonconformity (i.e., defective, damaged, short or other claim) will be made in writing within fifteen (15) days after delivery of each shipment of job claimed to be in Nonconformity. Customer’s failure to make Nonconformity claim timely will constitute irrevocable acceptance and admission that shipment fully complied with terms, conditions, and specifications.
- LIABILITY: Customer agrees that, subject to any right to cure, Plese Printing & Marketing’s liablity will be limited to the unit Invoice price of any non conforming work and will in no event include special, incidental or consequential damages, including profits or list profits.
- CUSTOMER’S PROPERTY: Plese Printing & Marketing will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to customer while in Plese Printing & Marketing’s possession; Plese Printing & Marketing’s liability for customer’s property shall not exceed the amount of insurance proceeds actually received. Plese Printing & Marketing will not be liable to customer to the extent of any deductible. Customer’s property of extraordinary value will not be so insured unless separately specifically listed in the Quotation.
- SECURITY INTEREST: As security for payment of any sum due or to become due per the Quotation, Invoice or other agreement, Customer hereby grants and conveys to Plese Printing & Marketing a lien and security interest on, and the right to retain possession until paid in full of all customer property in Plese Printing & Marketing’s possession (including, without limitation, original Copy, work in process and finished work). Any extension or release of credit, or acceptance or release of notes, trade acceptance or guarantee of payment, shall not affect Plese Printing & Marketing’s security interest and lien.
- INDEMNIFICATION: Clients agree to indemnify and hold harmless Plese Printing & Marketing from any and all loss, cost, expense, fees, liabilities, judgments and damages (including court costs and reasonable counsel fees and disbursements of counsel) on account of any and all manner of claims, demands, actions, and proceedings (including investigations and responding to subpoenas whether or not customer or Plese Printing & Marketing is a party, collectively “Claims”) that may be made or instituted against Plese Printng alleging that the job or work violates any copyright(s), trademark(s) or other property right(s) of any person or entity or that it contains any matter that is libelous or obscene or scandalous or invades any person’s right to privacy or other personal right(s), except to the content caused by recklessness or willful misconduct of Plese Printing & Marketing. Customer agrees, at customer’s own cost and expense, to promptly defend and continue the defense of any Claims against Plese Printing & Marketing, provided that Plese Printing & Marketing gives customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue such defense.
- INVOICE TERMS/INTEREST/ATTORNEYS FEES: Payable upon recepit. All amounts which are 30 days past due shall bear interest at the rate of 1.5% per month until paid in full. Customer agrees to pay all reasonable collection costs, and attorneys fees and costs incurred by Plese Printing & Marketing to collect any amount due under this invoice.
When you visit PlesePrint.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content of on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Plese Printing & Marketing or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Plese Printing & Marketing, with copyright authorship for this collection by Plese Printing & Marketing, and protected by international copyright laws.
Plese Printing & Marketing’s trademarks and trade dress may not be used in connection with any product or service that is not Plese Printing & Marketing’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Plese Printing & Marketing. All other trademarks not owned by Plese Printing & Marketing or its subsidiaries that appear on this site are the property of their respective owners, who are affiliated with, connected to, or sponsored by Plese Printing & Marketing or its subsidiaries.
LICENSE AND SITE ACCESS
Plese Printing & Marketing allows you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Plese Printing & Marketing. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Plese Printing & Marketing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Plese Printing & Marketing and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Plese Printing & Marketings name or trademarks without the express written consent of Plese Printing & Marketing. Any unauthorized use terminates the permission or license granted by Plese Printing & Marketing. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Plese Printing & Marketing so long as the link does not portray Plese Printing & Marketing, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Plese Printing & Marketing logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Plese Printing & Marketing and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Plese Printing & Marketing reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Plese Printing & Marketing and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Plese Printing & Marketing and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Plese Printing & Marketing or its associates for all claims resulting from content you supply. Plese Printing & Marketing has the right but not the obligation to monitor and edit or remove any activity or content. Plese Printing & Marketing takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
Any items purchased from Plese Printing & Marketing are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Plese Printing & Marketing and its associates attempt to be as accurate as possible. However, Plese Printing & Marketing does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Plese Printing & Marketing itself is not as described, your sole remedy is to return it in full and unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS CREATED BY Plese Printing & Marketing ON AN “AS IS” AND “AS AVAILABLE” BASIS. Plese Printing & Marketing MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Plese Printing & Marketing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Plese Printing & Marketing DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Plese Printing & Marketing ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Plese Printing & Marketing WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting PlesePrint.com, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any kind that might arise between you and Plese Printing & Marketing or its associates.
Any dispute relating in any way to your visit to PlesePrint.com or to products you purchase through Plese Printing & Marketing shall be submitted to confidential arbitration in Washington, except that, to the extent you have in any manner violated or threatened to violate Plese Printing & Marketings intellectual property rights, Plese Printing & Marketing may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Plese Printing & Marketing. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.