Terms And Conditions

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ADDITIONAL TERMS AND CONDITIONS

SERVICES:
Park Press/Color Express has agreed to provide you with one or more of the following services:
(a) Graphic Design and Copywriting;
(b) Printing and Copying;
(c) Bindery and Die Cutting;
(d) Direct Mailing and Fulfillment;
(e) Special Catalog Orders; and/or
(f) Signs an Banners.

The exact services and products that you have requested and that you will receive have been specifically set forth on the front of this Acknowledgement of Order (“Acknowledgement”). If such description of services and/or products is not accurate, please mark your changes on the front of this Acknowledgement and return to Park Press/Color Express/Color Express by facsimile so that Park Press/Color Express may generate a new Acknowledgement for you. If such description of services and/or products is accurate, please execute this Acknowledgement where indicated under “Customer Signature” and return the executed Acknowledgement to Park Press/Color Express by facsimile. Once Park Press/Color Express has received your executed Acknowledgment, your order is deemed final and accepted by you and may not be changed, modified or cancelled, except in accordance with the terms and conditions set forth in this Acknowledgement (such final order, including all changes, additions, deletions or modifications made in accordance with the provisions of this Acknowledgement referred to herein as the “Order”).

PRICE AN ESTIMATE:
The prices set forth on the front of this Acknowledgement are (a) based on the specifications provided by you; (b) are valid only for a period of 30 days from the date of this Acknowledgement; and (c) are subject to change, upward or downward, if you make any changes, additions, deletions, or other modifications to your Order. You agree to pay the final prices as shall be set forth in the Invoice submitted by Park Press/Color Express to you.

QUANTITY (app. to Print Orders):
Because it is impossible to print the exact quantity ordered, it is agreed that a shortage or excess in count, varying not more than 10%, of the quantity ordered, will be accepted by you as filling this Acknowledgement, and you agree to pay for the actual quantity received by you. In the event, more than 10% of the quantity ordered is printed, you may, but are not required to, purchase the quantity that is in excess of the 10% of the quantity ordered.

PROOFS (app. to Print Orders):
If your order includes printing services, Park Press/Color Express shall provide you with an opportunity to review proofs. The proofs shall be computer generated and sent to you by e-mail. You will have the opportunity to accept or make modifications to such proofs. All modifications shall be submitted to Park Press/Color Express by e-mail or by fax. Printing shall not commence until Park Press/Color Express receives your acceptance on the proofs supplied to you.

CHANGES FROM ORIGINAL FILES
If the estimate states "print ready files supplied", Park Press/Color Express will preflight the client's supplied files and provide one (set of) proof(s). Any customer requested alterations and/or any additional file intervention will be charged at $65 per hour.If Park Press/Color Express is contracted to perform typesetting, creative, layout or any desktop publishing work, the client will be supplied with one set of proofs and is entitled to one round of changes, any additional alterations/changes beyond the first round of changes will be charged at $65 per hour.

MINOR VARIATIONS IN INK COLOR AND SETUP (app. to Print Orders):
Park Press/Color Express shall utilize the ink colors that you selected; however, it is standard to have minor changes in the ink colors as the ink gets used during printing of your print Order. Therefore, you acknowledge that the actual printed Order may vary from the proofs that you reviewed and approved as the proofs were computer generated. You acknowledge that such variations shall not be grounds for your refusal to accept delivery of your print Order or to make payment therefore.

NO WARRANTIES:
Unless expressly set forth on the front of this Acknowledgement, no warranties, including but not limited to, any warranty of merchantability or warranty of fitness for any particular purpose, have been made by Park Press/Color Express regarding any of the products or services set forth on the front of this Acknowledgement.

DEPOSIT:
If you are an existing customer, you shall pay, with immediately available funds, a deposit equal to [50%] of the estimated total price set forth on the front of this Acknowledgement. If you are a new customer, the deposit shall be equal to 100% of the estimated total price set forth on the front of this Acknowledgement. Park Press/Color Express shall not commence fulfillment of your Order until it receives such deposit. A credit for any deposits received by Park Press/Color Express from you shall be shown on the Invoice submitted to you upon completion of the Order.

SHIPPING AND HANDLING CHARGES:
All shipping and handling charges (if any) shall be paid by you.

LOGOS; GRAPHICS; DESIGN WORK:
Park Press/Color Express has created the logo(s), design(s) or graphic(s) in accordance with your specifications or in accordance with what you have expressed your needs to be. Park Press/Color Express does not warrant, either expressly or implicitly, that such logo(s), design(s) or graphic(s) is(are) available for your use. It is your responsibility to run trademark searches or to do any other necessary diligence to ensure that such logo(s), design(s) or graphic(s) is(are) available for your use prior to your first use of such logo(s), design(s) or graphic(s).

NO CANCELLATION; CUSTOM ORDER; WAIVER:
Orders for all services, other than printing services, may not be cancelled after the Acknowledgement is executed by you and returned to Park Press/Color Express. If any portion of this Acknowledgement requires printing services to be rendered by Park Press/Color Express, such printing Order cannot be cancelled after you have accepted the proofs provided by Park Press/Color Express. If you cancel your printing Order prior to the acceptance of the proofs, then you are responsible for immediately paying Park Press/Color Express all amounts accrued up to the time of cancellation (including, but not limited to, design service fees, cost of any special orders, such as non-stock paper and ink, etc.). You acknowledge that the services and products that you will receive from Park Press/Color Express will be custom made and specially created for you or your company, and as such cannot be sold to anyone other than you. If, upon receipt and inspection of your Order, you deem any portion of your Order to be non-conforming, you must immediately notify Park Press/Color Express, in writing. Upon receipt of such notice, if Park Press/Color Express determines that any portion of the Order delivered to you is non-conforming, your only claim shall be either (a) a reduction in price that is mutually agreed to between you and Park Press/Color Express, in writing, if you agree to accept the non-conforming portions of the Order or (b) return of the non-conforming portions of the Order to Park Press/Color Express, upon receipt of which Park Press/Color Express shall have an absolute right to supply a conforming shipment to you within a commercially reasonable time and you shall pay the pro-rata portion of the Invoice price applicable to such non-conforming portion of the Order upon receipt of such conforming shipment. You shall have no rights to consequential, indirect, punitive, or any other damages or claims.

ENTIRE AGREEMENT; CHANGES TO ORDER BY E-MAIL OR OTHER FORM OF WRITING:
The information expressly set forth on the front and back of this Acknowledgement constitutes the entire agreement between you and Park Press/Color Express and includes all promises and representations, express or implied, made by Park Press/Color Express and you. Nothing not contained in this Acknowledgement is part of this contract. [No stipulation, agreement, or understanding of the parties shall be valid or enforceable unless contained in this contract. No oral conditions, warrants, or modifications of this contract are valid.] Notwithstanding the foregoing, any additions, deletions, changes or modifications to the services and products set forth on the front of this Acknowledgement may be done by e-mails or another form of written instrument, but only in accordance with terms and conditions set forth in this Acknowledgement.

WAIVER; GOVERNING LAWS; REMEDIES FOR BREACH; SUCCESSORS AND ASSIGNS, ETC.
No failure or delay by Park Press/Color Express in exercising any right, power or privilege under this Acknowledgement shall operate as waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Each of the provisions of this Acknowledgement (i) is severable and if any such provision is determined in any circumstance to be unlawful or unenforceable, such determination shall not affect the legality or enforceability of any other provision of this Acknowledgement; and (ii) may be amended or waived only in accordance with the provisions set forth in this Acknowledgement. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Acknowledgement. This is a legally binding agreement which shall be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflicts of laws principles, and shall be binding upon and inure to the benefit of the respective executors, administrators, successors, assigns or legal representatives of Park Press/Color Express or you. The violation of any of the terms or conditions of this Acknowledgement by you shall entitle Park Press/Color Express to all remedies (including, but not limited to, attorney’s fees) available to it under the laws of the Commonwealth of Massachusetts without regard to the conflicts of laws principles.