Rules and Regulations
Terms and Conditions of Sale.
1. Quotations- Prices obtained from MGEMS Graphics & Printing, llc and published prices are subject to change without notice. Selling prices will be adjusted to reflect the current MGEMS Graphics & Printing, llc selling price. Written quotations will be honored for 30 days after the date of the quotation. Customer orders will be compared to published specifications to verify pricing prior to order acceptance.
2. Order Cancellation- No order may be canceled after acceptance except upon terms that will compensate MGEMS Graphics & Printing, llc for work completed at our regular hourly rates. There is a minimum $50 cancellation fee.
3. Returns for Credit - Because each order produced is a custom job no order may be returned for credit under any circumstances.
4. Warranty- MGEMS Graphics & Printing, llc at its sole option will repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof or where we have failed to follow your written instructions. MGEMS Graphics & Printing, llc at its sole option may elect to provide a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 20% of the ordered amount. Claims for defects, damages or shortage must be made by the customer in writing within ten (10) days after delivery. The customer must receive a written authorization to return a defective order or portion in advance of return. Defective orders must be returned within thirty (30) days after delivery. MGEMS Graphics & Printing, llc sole liability shall be limited to the reprinting of any defective order or portion and in no case shall include special or consequential damages including customer expenses, profits or profits lost.
5. Production Schedules and Turnaround Times- Delivery schedules, turnaround times and other similar terms used by MGEMS Graphics & Printing, llc and its employees merely reflect the average completion times of similar orders and will be affected by the run lengths, special customer requirements, workloads, holidays or equipment breakdowns. It is not contractual unless agreed to in writing for the additional cost under our rush print program.
6. Ownership of Preparatory Materials - Artwork, type, film, digital files, and plates produced by MGEMS Graphics & Printing, llc in the ordinary course of production remain the exclusive property of MGEMS Graphics & Printing, llc unless otherwise agreed to in writing. As security for payment of any sum due, MGEMS Graphics & Printing, llc shall have the right to retain possession of all and a security interest in all customer property in our possession including work in process and finished work.
7. Customer Disks & Supplied Digital Information- All prices and quotations provided by MGEMS Graphics & Printing, llc assume the customer provides properly prepared files following MGEMS Graphics & Printing, llc written guidelines. The customer accepts all responsibility for supplied files that fail to output properly, contain errors or provide and unacceptable result. MGEMS Graphics & Printing, llc will make every effort to discover problems in the disk preflight stage but accepts no responsibility for errors not detected. Digital Image files supplied by the customers are the exclusive responsibility of the customer and MGEMS Graphics & Printing, llc accepts no responsibility for the color accuracy or quality of these files.
8. Customer Changes- Customer changes represent work performed in addition to the original specifications. Such additional work shall be billed at our current rates. Customer changes will delay the completion and delivery of your order. The customer must approve the cost of these changes in writing prior to the beginning of work necessary to perform the changes.
9. Proofs- A proof will be submitted to the customer prior to printing each new ob. All orders supplied on composed film must include a color proof. If a color proof is not supplied by the customer, MGEMS Graphics & Printing, llc will produce one for an additional cost. Corrections to be made must be marked on both the proof and the supplied proof sheet. The proof sheet must be signed and noted ok as is, ok with changes and submit a new proof. The proof sheet and all original proofs must be returned to MMGEMS , LLC Delay in returning your proof will delay completion of your job. MGEMS Graphics & Printing, llc assumes no liability for errors contained in the job if proofs are not ordered, proofs are waived, errors contained in the proofs are not noted or if changes are communicated verbally.
10. Color Matching- Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color proofs are the completed job is expected, unavoidable and shall constitute and acceptable delivery. Postcards and similar card products are produced in a gang run format and limitations of this format may result in a large color variance than normal. MGEMS Graphics & Printing, llc will make every effort to produce a reasonable representation based on materials supplied by the customer, however, MGEMS Graphics & Printing, llc does not guarantee color matching.
11. Overruns and Underruns- Overruns or underruns not to exceed 10% of quantity ordered shall constitute an acceptable delivery.
12. Shipping- Unless otherwise stated, the price quoted is for a single shipment without storage, F.O.B. New Jersey. Orders that are prepaid in full at order entry receive standard shipping free. Standard shipping on orders 200 lbs. and less will be ship via UPS Ground. Orders 200 lbs. and more will ship via ground freight. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
13. Customer Property- MGEMS Graphics & Printing, llc will maintain fire, sprinkler leakage, theft, and vandalism coverage on all property belonging to the customer, while such property is in our possession. MGEMS Graphics & Printing, llc sole liability for such property shall not exceed the amount recoverable from such insurance.
14. Customer Furnished Materials- Camera ready copy, artwork, photos, film, color separations, digital files and other information or materials furnished by the customer shall be manufactured, packed and delivered to MGEMS Graphics & Printing, llc specifications. Delays or additional expenses incurred as a result of customer materials shall be the responsibility of the customer.
15. Payment by Credit Card - Cardholders paying by credit cards agree to be bound by all standard MGEMS Graphics & Printing, llc terms and conditions. You expressly agree to pay all costs incurred if your order is canceled before completion and understand that no order may be returned for credit.
16. Indemnification- The customer affirms ownership or publication rights to all artwork, photos, and other materials submitted for printing and agrees to indemnify and hold harmless MGEMS Graphics & Printing, llc from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against MGEMS Graphics & Printing, llc on grounds that said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal right, except to the extent that MGEMS Graphics & Printing, llc contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against MGEMS Graphics & Printing, llc provided that MGEMS Graphics & Printing, llc shall promptly notify the customer with respect thereto.