Terms and Conditions
Terms of Sale / Authorization to Reproduce
Provider: Tri-State Associated Services, Inc. 81 Tenbroeck Ave. Kingston NY 12401, Tel: 800-836-7581
Orders. Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider’s control. Canceled orders require compensation for incurred costs and related obligations.
Creative Work. Sketches, copy, dummies, and all other creative work developed or furnished by the provider are the provider’s exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it.
Preparatory Materials. Art work, type, plates, negatives, positives, tapes, disks, and all other items supplied by the provider remain the provider’s exclusive property.
Electronic Manuscript or Image. It is the customer’s responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of finished input or final output. Until digital input can be evaluated by the provider, no claims or promises are o be made about the provider’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 customer-supplied files will be charged at prevailing rates.
Alterations/Corrections. Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider’s current rates.
Pre-Press Proofs. The provider will submit pre-press proofs, along with original copy for the customer’s review and approval. Corrections will be returned to the provider on a “master set’ marked “O.K.”, “With Corrections”, or “Revised Proof Required”, and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if proofs are not required by the customer; the work is printed per the customer’s O.K.; requests for changes are communicated orally.
Color Proofing. Because of differences in equipment, paper, inks, and other conditions between color proofing and production press-room operations, 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.
Over-Runs or Under-Runs. Over-runs or under-runs will not exceed 10 percent of the quantity ordered. The provider will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
Customer’s Property. The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’s liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to the provider.
Customer Furnished Materials. Materials furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer or by the provider at the provider’s current rates.
Terms/Claims/Liens. Payment is 100% with contract. Established accounts in good standing are net 30 calendar days from date of invoice. Claims for defects, damages, or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider’s performance has fully satisfied all terms, conditions, and specifications. The provider’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the providers 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 customer is liable for all collection costs incurred.
Liability. 1. Disclaimer of Express Warranties: Provider warrants that the work is as described in the quote. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work; they are not intended to represent the actual work performed. 2. Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
Indemnification. The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider 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. 1. Copyrights. The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer 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 customer 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 customer agrees to indemnify and hold the provider 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. 2. Personal or economic rights. The customer 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 customer will, at the customer’s sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider promptly notifies the customer of the legal action; gives the customer reasonable time to undertake and conduct a defense. The provider 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.
Taxes. All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer’s “Exemption Certificate” (or other official proof of exemption) accompanies the job submission. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse the provider for any additional taxes paid.
Authorization to Reproduce Policy:
The reproductions of designs, photographs, art, written or other tangible works requires the written consent of the author (i.e. artist, photographer, writer, composer). Ownership or possession of a copy does not give the possessor the right to reproduce the work without written consent of the author. This will certify that the person or entity named on this form is the author and copyright owner of the manuscript/book/work (in its entirety) described on this form. the author consents and authorizes ColorPage to reproduce the work, the author will indemnify, defend and hold ColorPage harmless from any suit, claim, or demand arising from the reproduction of the manuscript/book/work.
Advertiser agrees as follows:
– Publisher reserves the right, at its absolute discretion and at any lime, to reject any advertising copy, whether or not the same has already been acknowledged and/or previously published. The rejection of copy by the Publisher, for any reason whatever, shall not be considered a breach of this agreement, but shall require Advertiser to supply new copy acceptable to the Publisher.
– In the event a) a volume of advertising less than that specified herein is used and paid for or the Advertiser otherwise breaches the terms of this agreement, or b) if at any time Publisher in its reasonable judgment determines that Advertiser is not likely to have published the total amount of advertising specified herein during the contract term, any rate discount will be nullified and Advertiser will be charged the difference between the contract rates charged and the rates applicable for the volume of space actually used, in accordance with the applicable rate schedules (“short rate”). In such event, Advertiser must reimburse Publisher for the short-rate within ten days of Publisher’s invoice therefor and Advertiser will thereafter pay for advertising at the open rate or at the newly-determined rate(s) (as applicable).
– Advertiser represents and warrants that the Advertiser is authorized to publish the entire contents and subject matter of the advertisements, and that publication by Publisher will not violate the personal or proprietary rights of any third party or any law or regulation. Advertiser will indemnify and hold Publisher harmless from and against any loss, expense, or liability (including attorney’s fees) resulting from claims or suits based upon such advertising, without limitation.
– In the event of a suspension of publication of any of Publisher’s newspapers due to strike, accidents, fire, flood or any other cause or contingencies beyond the control of the Publisher, it is understood and agreed that such suspension of publication· shall not invalidate this contract, but a) will give the Publisher the option to cancel this agreement, or if Publisher does not do so, b) upon resumption of publication this contract shall be continued and no liability for damages shall be incurred by the Publisher by reason of such suspension.
– If during the period of this agreement Publisher revises its advertising rates, Advertiser agrees to be bound by such rates provided Publisher gives at least thirty (30) days notice of such increase. However, in such event Advertiser may elect not to place any further advertisements after the effective date of the increase, and if no space is used after the effective dale of increase, no short rate will be charged on space used prior to such increase.
– Typographical errors by Publisher in published advertisements shall not constitute a breach of this agreement, but shall, if brought to the Publisher’s attention no later than 5 working days after the advertisement appears, entitle Advertiser to credit for actual space of error on the first insertion only, unless a proof of the advertisement was furnished to or by the Publisher, in which event Advertiser shall accept full responsibility.
– Publisher’s liability for failure to publish an advertisement shall not exceed a refund of or credit for Publisher’s charge for such advertisement.
– All property rights, including any copyright interest in any advertisements produced for Advertiser by Publisher, using artwork and/or typography furnished or arranged for by Publisher, shall be the property of the Publisher. No such advertisements or part thereof may be reproduced without the prior written consent of the Publisher.
– Failure by Publisher to enforce any provision of this agreement shall not be considered a waiver of such provision. For exam pie, failure by Publisher to enforce a due date for any payment shall not operate to extend the due date for that payment or for any future payment.
– The foregoing terms shall govern the relationship between Publisher and Advertiser. Publisher has not made any representations to Advertiser that are not contain herein. Unless expressly agreed to in writing signed by Publisher, no other terms or conditions in insertion orders, copy instructions, letters or otherwise will be binding on Publisher.
– All issues relating to advertising will be governed by the laws of the State of New York applicable to contracts to be performed entirely therein. Any action relating to advertising must be brought in the state or federal court in Syracuse, New York, and the parties hereby consent to the jurisdiction of such courts.
– This Agreement may not be assigned or transferred by the Advertiser.
Sex-Free Advertising Policy:
ColorPage Publishing will not print any advertisement or editorial promoting sex including, but not limited to: Suggestive language; Advertisements from persons or businesses whose revenue is generated from sales and rentals of items related to sex-acts; Pictures, graphics, or language that can be deemed as objectifying. Determination of this criteria is at the discretion of the editor.
Political Advertising Policy:
Political Advertising is at the discretion of the publisher. Any political advertisement appearing in ColorPage publications does not constitute an endorsement by ColorPage publications, it’s owners, contractors, publishers, vendors, readers, advertisers, community groups, or any entities associated therewith or appearing in ColorPage publications.
Anti-Discrimination in Advertising Policy:
ColorPage Publishing, its editors, staff, publishers, personnel, contractors, vendors, advertisers, or any other non-profit organization or community group affiliated with or appearing in ColorPage publications will not discriminate against Gays, Lesbians, Bisexuals, Transgender Persons, Queer, Allied Persons, or any other person of a legally-protected class. No advertisement appearing in ColorPage publications is intended to be discriminatory, defamatory, derogatory, or otherwise demeaning in nature to any person.