12. Purchase Orders
15. Lead Time
16. Prep. Materials
1. ACCURACY OF SPECIFICATIONS:
Quotations are based on our interpretation of the information you the client has provided. Advanced Labels may revise any quote at the time of submission if copy, art, files or other information do not conform with the information on which the original quote and purchase is based.
3. COLOR PROOFING:
Color proofs are used to simulate how the printed label will look. Because of the differences in equipment, color printers and copiers, 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 variation of this kind occurs, this should be considered an acceptable variance unless otherwise stated in writing prior to or on your purchase order. A proof or press approval becomes a binding contract between you and Advanced Labels.
4. CREATIVE WORK:
No use shall be made of any creative work or design or any derivation of ideas from it except by written permission of Advanced Labels. Compensation (if any) is to be determined by Advanced Labels.
5. CUSTOMER FURNISHED MATERIALS:
Materials furnished by the customer, or their representatives such as files, color separations, special dies, plates or other materials must be usable by Advanced Labels without alteration or repair. Items not meeting this requirement may be repaired by the customer or by Advanced Labels and may be billable at the current rates.
6. CUSTOMER'S PROPERTY:
Advanced Labels will only maintain fire and extended coverage on property belonging to the client while the property is in our possession. Advanced Labels' liability for this property will not exceed the amount recoverable from the insurance claim. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to Advanced Labels for such extended coverage.
Unless stated otherwise, the price quoted is for a single shipment, FOB origin, without storage. If we have shipped the order as expected, we cannot be responsible for delayed delivery due to a common carrier (e.g. UPS, FedEx, DHL, US Mail) not meeting their delivery promise. Please contact us and we will see that any refund of freight charges received by Advanced Labels is remitted to you.
8. ELECTRONIC MANUSCRIPT OR IMAGE:
It is your responsibility to maintain a copy of the original file. Advanced Labels is not responsible for accidental damage to media supplied or for the accuracy of the supplied files. We make no claim or promise about our ability to work with files submitted in digital format and no liability is assumed for problems that may arise. Any additional translating, editing, or reformatting needed to utilize your supplied files may be billable at our current rates.
You agree to protect Advanced Labels from economic loss and any other harmful consequences that could arise in connection with the work performed. This means that you will hold Advanced Labels harmless and save, indemnify, and otherwise defend us against claims, demands, actions and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
10a. Copyrights: You warrant that the subject matter to be printed is not copyrighted by a third party. You also recognize 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 the right to reproduce. You also warrant that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties you agree to indemnify and hold Advanced Labels 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.
10b. Personal or economic rights: You also warrant 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. You will, at your sole expense, promptly and thoroughly defend Advanced Labels in all legal actions on these grounds as long as we promptly notify you of the legal action and give you reasonable time to undertake and conduct a defense. You reserve the right to use your sole discretion in refusing to print anything you deem illegal, libelous, scandalous, improper, or infringing upon copyright law.
11a. Disclaimer of Express Warranties: Advanced Labels warrants that the work is as described in the purchase order. You understand that all sketches, copy, dummies and preparatory work shown to you are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
11b. Disclaimer of Implied Warranties: Advanced Labels warrants only that the work will conform to the description contained in the purchase order. Advanced Labels' maximum liability, whether by negligence, contract, or otherwise may not exceed the amount specified in the contract. Under no circumstances will Advanced Labels be liable for specific, individual, or consequential damages.
11c. EXCLUSION OF DAMAGES: IN NO EVENT WILL ADVANCED LABELS NW BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGED CONTAINERS OR PRODUCT APPLICATION EQUIPMENT, GOODWILL, USE, DATA, COSTS OF ACQUIRING SUBSTITUTE PRODUCTS OR OTHER INTANGIBLE LOSSES, LOSS OF PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), ARISING OUT OF OR IN ANY WAY RELATING TO THE PRODUCT, REPLACEMENT PRODUCT, USE AND APPLICATION/REAPPLICATION OF THE PRODUCT OR REPLACEMENT PRODUCT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF ADVANCED LABELS NW, AND EVEN IF ADVANCED LABELS NW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ADVANCED LABELS NW BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS INCLUDING BUT NOT LIMITED TO ANY DAMAGED BOTTLES, JARS, TUBES, OR CONTAINERS. ADVANCED LABELS NW SOLE RESPONSIBILITY IS FOR REPLACEMENT OR REFUND OF PRODUCTS PRINTED OR PRODUCED BY US AND DEEMED DEFECTIVE BY US OR MUTUALLY AGREED APON DEDICATED LAB, AT OUR SOLE DISCRETION.
12. PURCHASE ORDERS
12a. PURCHASE ORDER PROCEDURE: Buyer will order products from Advanced Labels by issuing a written or electronic purchase order, signed by Buyer’s authorized agent. Each such purchase order shall be in a form approved by Advanced Labels and shall specify the (i) description and quantity of the products being ordered, (ii) requested location for delivery of the products, and the requested delivery date, (iii) other appropriate information as may be required by Advanced Labels to fill the purchase order, (iv) location to which the applicable invoice shall be rendered for payment, and (v) other terms included in Advanced Labels’ standard purchase order, as may be amended by Advanced Labels.
12b. PURCHASE ORDER DEPOSIT REQUIREMENT: Initial orders require 50% down payment from Buyer with balance due upon completion unless otherwise stated and agreed upon by both Advanced Labels and Buyer in written form.
12c. ACCEPTANCE OF PURCHASE ORDER: Advanced Labels’ corporate office in Lynnwood, Washington will have the final authority with respect to the acceptance of any purchase order. No purchase order shall be deemed accepted by Advanced Labels unless it is signed, and until Advanced Labels has either (i) notified Buyer, or (ii) commenced production of products as detailed in the purchase order. Receipt of purchase order by Advanced Labels constitutes Buyer’s authorization for Advanced Labels to commence production of products as detailed in purchase order.
12d. PURCHASE ORDER CANCELLATION AND CHARGES: Purchase orders may not be canceled, reduced, changed or suspended by Buyer without Advanced Labels’ written consent and payment of reasonable and proper cancellation charges determined by Advanced Labels. In the event of cancellation by Buyer, Buyer shall pay cancellation charges in an amount equal to (i) Advanced Labels’ costs (the “Costs” for all engineering, purchasing, stocks, material, dies, tools, labor and fabrication costs incurred prior to cancellation), (ii) any cancellation charges by any of Advanced Labels' suppliers, plus a restocking fee if applicable.
13. OUTSIDE PURCHASES:
Unless otherwise agreed in writing, all outside purchases as requested or authorized by you are chargeable.
14. OVER-RUNS OR UNDER-RUNS:
Over-runs or under-runs will not exceed the percentage specified in the contract. Advanced Labels will bill for actual quantity delivered within this tolerance, that is 10% over or under. If you require a guaranteed quantity, the percentage of tolerance must be stated on your purchase order.
15. LEAD TIME:
Advanced Labels' standard lead time is 7 to 10 working days from receipt of order, pending proof approvals and other revisions. During peak production weeks lead times may vary. Please check with our customer service team for lead times specific to your project and our production schedule.
16. PREPARATORY MATERIALS:
Artwork, type, dies, disks and all other items that you supply remain your exclusive property. All plates required to produce your order remain the sole property of Advanced Labels, unless otherwise specified by you and in written form.
17. PREPRESS PROOFS:
Advanced Labels will submit prepress proofs for your review and approval. Corrections will be returned to Advanced Labels on the proof with "Approved with changes" or "Need new proof" boxes checked and your signature. Advanced Labels will not perform any additional work until this proof is received. Advanced Labels will not be responsible for delays of production due to changes of art or for any undetected production errors if, the work is printed per your approval of the proof as indicated by your signature and marking the box "Approved as is" or "Approved with changes".
18. PRESS PROOFS:
Press proofs will not be furnished unless they have been requested in writing to Advanced Labels and stated on the estimate. A press sheet can be submitted for your approval provided you are present at the press during the time of the press make ready and that all supplemental proofing items are available to Advanced Labels prior to the Press Proof. Any press time lost or alterations/corrections made because of your delay or change of mind will be charged at Advanced Labels' current rates.
19. PRODUCTION SCHEDULES:
Production schedules will be established and followed by both you and Advanced Labels. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, accidents, action of government or civil authority, acts of God, or other causes beyond the control of Advanced Labels. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
All amounts due for taxes and assessments may be billable to your invoice and are your responsibility. No tax exemption will be granted unless your "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after you have paid the invoice, it is determined that more tax is due, then you must promptly remit the required taxes to the taxing authority, or immediately reimburse Advanced Labels for any additional taxes paid.
Payment is net cash as specified. You must make claims for defects, damages, or shortages in writing no later than 30 calendar days after delivery. If no such claim is made Advanced Labels and you will understand that the job has been accepted, and you acknowledge that our performance has fully satisfied all terms. Advanced Labels' liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damage or as specified.
As security for payment of any sum due under the terms of an agreement, Advanced Labels has the right to hold and place a lien on all property in Advanced Labels' 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, you are liable for all collection costs incurred.
23. PAYMENT TERMS:
For new customers, a deposit is required for the greater of all prepress costs or 50% of the order total when a purchase order is placed. The remaining balance is due prior to will call or shipment of the order. A deposit may not be required on repeat orders if credit is requested and approved. Established customers with recurring business may be eligible to apply for net 30 day account terms. We accept Mastercard, Visa and American Express. Contact the accounting office for further information on our terms.
NOTICE: The following is provided for your information in the event that your credit is approved.
- Standard terms are a 30 day account unless otherwise stated.
- Undersigned agrees to pay each invoice within 30 days.
- Undersigned agrees to pay a 1.5% per month (18% per annum) or $15.00 minimum service charge on any invoice 31 days or older.
- Undersigned agrees to pay attorney’s fees in the event that collection efforts become necessary.
- By placing an order with Advanced Labels NW, you agree to the terms and conditions outlined herein.
- In consideration of the sale of merchandise to Purchaser, each of the persons whose signatures appear below personally guarantee payment in full on the account. This guarantee is continuing and irrevocable while there is any unpaid balance due on the account.
- ALNW’s liability is limited exclusively to the invoice amount only. Charge backs will not be honored.
We accept Mastercard, Visa, American Express, and Discover.
Please contact us for more information.