Terms of Service

Ace Graphics, Inc.

Sales Agreement, Terms and Conditions including quotations, orders, delivery, production schedules, cancellations and other issues.

Orders: Acceptance of orders shall not be effective until acceptance by Ace Graphics, Inc. Acceptance by Ace Graphics, Inc. may be either by notification to client or by commencing to produce work on the merchandise ordered. Cancelled orders require compensation for incurred cost and related obligations.

Quotation and Prices: A custom quote not accepted within 60 days may be changed. Prices on products and special promotions are subject to change at anytime.

Credit Terms: New customers may wish to apply for a Net 30 account.  We will review your credit application and determine a credit limit.  Unless credit approval is completed before delivery, payment for first-time printing orders is required upon receiving your order.  Payment terms are net 30 days, subject to approval and/or any prior agreement between the client and Ace Graphics, Inc.  All accounts that go over 60 days past due are charged 2% interest per month until account is currant. Ace Graphics, Inc. also accepts VISA, Master Card and American Express.  Credit card payments must be made prior to or at the time of delivery.  If you have outstanding invoices past 60 days, your account will become temporarily C.O.D. until it is brought current.  Ace Graphics, Inc. understands that occasionally you may need more time.  Your patronage is extremely important to us and we wish to express that if you keep us informed of any problems or delays in keeping with our terms, we will be happy to try to work with you.

Accuracy of Specifications: Quotations are based on the accuracy of the specifications provided. Ace Graphics, Inc. can re-quote a job at time of submission if the copy, film, disks, or other materials do not conform to the information on which the original quotation was based.

Alterations/Corrections: Client alterations include all work performed in addition to the original specifications. All additional work will be charged at Ace Graphics, Inc.’s standard rates.

Electronic Manuscript or Image: It is the client's responsibility to maintain a copy of the original file. Ace Graphics, Inc. is not responsible for accidental damage to media supplied by the client or for the accuracy of furnished input or final input. Until digital input can be evaluated by Ace Graphics, Inc., no claims or promises are made about Ace Graphics, Inc.’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 client-supplied files may be billable.

Telecommunications: Ace Graphics, Inc. is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.

Experimental Work: Experimental or preliminary work performed at the client's request will be billed to the customer at Ace Graphics, Inc.’s rates. Any new techniques developed during the production of this experimental work cannot be used without Ace Graphics, Inc.’s written consent.

Creative Work: No use shall be made, except by written permission of Ace Graphics, Inc., for all of the work and for any derivation of ideas from it.  Compensation (if any) will be determined by Ace Graphics, Inc.

Production Proofs: Ace Graphics, Inc. will submit proofs along for the client's review and approval. Corrections will be returned to Ace Graphics, Inc. on a "master set" marked "OK," "OK With Corrections," or "Revised Proof Required," and signed by the client. Until the master set is received, no additional work will be performed. Ace Graphics, Inc. will not be responsible for undetected production errors if the work is printed per the client's OK.  A color proof is used to simulate how the printed piece will look. Because of differences in equipment, paper, inks, and other conditions between color proofing and final production, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance.

Client-Furnished Materials: Materials furnished by clients or their representatives are verified by delivery tickets. Ace Graphics, Inc. bears no responsibility for discrepancies between delivery tickets and actual counts. Client-supplied paper must be delivered according to specifications furnished by Ace Graphics, Inc. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, color separations, special dies, disks, or other materials furnished by the client must be usable by Ace Graphics, Inc. without alteration or repair. Items not meeting this requirement may be repaired by the client, or by Ace Graphics, Inc., and may be billable at our current rates.

Client's Property: Ace Graphics, Inc. will only maintain fire and extended coverage on property belonging to the client while the property is in the supplier's possession. Ace Graphics, Inc.’s liability for this property will not exceed the amount recoverable from the insurance. 

Production Schedules: Production schedules will be established and followed by both the client and the supplier. 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 Ace Graphics, Inc.  In such cases, schedules will be extended by an amount of time equal to the delay incurred. Turnaround is established from the time Ace Graphics, Inc. receives final proof approval.

Over-runs or Under-runs: Over-runs or under-runs will not exceed 10%. Ace Graphics, Inc. will bill for actual quantity delivered up to 5% at full rate.  6%-10% over-runs are billed at 50% of quoted rate. If the client requires a guaranteed quantity or a percentage of tolerance it must be stated when the order is placed.

Storage: Ace Graphics, Inc. is not liable for any loss or damage to stored materials beyond what is recoverable by the supplier's fire and extended insurance coverage.

Delivery: Unless otherwise specified, the price quoted is for F.O.B. Ace Graphics, Inc. Freight quotes are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Ace Graphics, Inc. will charge accordingly at current rates. Charges for delivery of materials and supplies from the client to Ace Graphics, Inc., or from the client's representative to Ace Graphics, Inc., are not included in quotations unless specified. Title for finished work passes to the client upon delivery to the carrier at shipping point, or upon mailing of invoices for the finished work or its segments, depending on what occurs first. Damaged, lost, delayed, or broken packages by third parties or shipping companies will not be Ace Graphics, Inc.’s responsibility.  Additional insurance coverage may be obtained for shipping if it is requested in writing, and if the premium is paid to Ace Graphics, Inc.  Claims for defects, damages, or shortages must be made by the client no later than 3 calendar days after delivery. If for any reason the order is not acceptable customer must return the job no later than 7 calendar days for an inspection and reprint if needed. If no such claim and return is made, Ace Graphics, Inc. and the client will understand that the job has been accepted. We maintain the right to judge what a manufacturing error and defect is. By accepting the job, the client acknowledges that Ace Graphics, Inc.’s performance has fully satisfied all terms, conditions, and specifications. Ace Graphics, Inc.’s liability will be limited to the quoted selling price of defective goods, without additional charges for special or consequential damage or as specified. As security for payment of any sum due under the terms of an agreement, Ace Graphics, Inc. has the right to hold and place a lien on all client property in Ace Graphics, Inc.’s possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the client is liable for all collection costs incurred, including a minimum of $25.00 on all returned checks.

Refund Policy, and Cancellations: All sales are final. No refunds are available on orders unless the files have not been sent to press or requested the same business day. On orders where work has not started, a $25.00 processing fee may be charged.

Indemnification: The client agrees to protect Ace Graphics, Inc. from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold Ace Graphics, Inc. harmless and save, 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 client warrants that the subject matter to be printed is not copyrighted by a third party. The client 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 client 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 client agrees to indemnify and hold the supplier 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 client 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 client will, at the client's sole expense, promptly and thoroughly defend Ace Graphics, Inc. in all legal actions on these grounds as long as Ace Graphics, Inc. promptly notifies the client of the legal action and gives the client reasonable time to undertake and conduct a defense. The client reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.

Liability: Disclaimer of Express Warranties: Ace Graphics, Inc. warrants that the work is as described in the purchase order. The client understands that all sketches, copies, dummies, and preparatory work shown to the client are intended only to illustrate the general type and quality of the work; they are not intended to represent the actual work performed.

Disclaimer of Implied Warranties: Ace Graphics, Inc. warrants only that the work will conform to the description contained in the purchase order. Ace Graphics, Inc.’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the amount specified in the contract. Under no circumstances will Ace Graphics, Inc. be liable for specific, individual, or consequential damages.

Taxes: All amounts due for taxes and assessments are the responsibility of the client. 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 client has paid the invoice, it is determined that more tax is due, then the client must promptly remit the required taxes to the taxing authority, or immediately reimburse the supplier for any additional taxes paid.

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