Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety, unless specifically varied in writing by Graphic Sky, Inc.
Order processing will begin when the following items are complete:
If requested by the customer, proofs of work will be submitted for the customer's approval prior to printing. No liability is accepted for any errors not corrected by the customer on proofs.
To ensure proper color matching customer must purchase a press match proof. Customer supplied proofs are not acceptable as they are not calibrated to our presses. Jobs without proofs will be printed following generally recognized industry standards. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and completed job shall constitute acceptable delivery. Please note that your monitor's calibration affects what you see on your screen. The colors on the printed products may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, Graphic Sky, Inc. DOES NOT GUARANTEE COLOR MATCHING.
The delivery schedule comes into effect once a proof is approved. If the client chooses "no proof required", then the delivery schedule comes into effect once the payment is received. Turnaround time does not include shipping. Be sure to factor this into your schedule.
Where the performance of any contract with the customer requires Graphic Sky, Inc. to obtain goods or services from a third party, the contract between us and the customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services and the customer shall bear the full cost of such goods or services.
Customers agree to indemnify and hold harmless Graphic Sky, Inc., and its agents for any and all liability, damages and expenses (including reasonable actual attorney fees) it may incur as a result of its processing, printing, copying or reproducing the artwork, in whole or in part, including any claims brought by any other person claiming an interest in the artwork or in their subject matter.
Graphic Sky, Inc. makes every effort to deliver work in the precise quantity ordered, but the customer agrees to make no claim for damages in the event that the quantity delivered is within 10 percent of the quantity specified; credit shall be given for such shortfall and such excess shall not be chargeable.
All claims in respect of work, or the quality or quantity thereof, shall be made in writing within 14 days of receipt by the customer. In the absence of such a claim, the work shall be deemed to have been received, checked and accepted as fully complying with the customer's specifications.
All funds are taken in USD. Payment must be received before an order is processed.
We reserve the right to refuse any order at our own discretion (e.g., due to potential copyright violation, inappropriate or distasteful subject matter.)
Graphic Sky, Inc. will contact the customer when errors are detected in their supplied files. The customer will be alerted to the issue and given the following choices:
Partial refunds are available on orders that have begun processing but have not gone to press. A refund will be given for the portion of work that has not yet been completed. A $15 processing fee will be charged in such cases. For orders already on the press, no refunds will be given. To cancel an order, call us at (505) 473-1120. You will need to provide your order number, which can be found in the subject line of the email that you received after placing your order.
Graphic Sky, Inc. shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregoing causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to Graphic Sky, Inc. for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against Graphic Sky, Inc. arising from any circumstance described herein.
In respect of all unpaid debts due from the customer, Graphic Sky, Inc. shall have a general lien on all goods and property in our possession and shall be entitled on the expiration of 30 days (or such other period as we may stipulate) notice to the customer, to dispose of such goods or property as we think fit and to apply the proceeds towards satisfaction of such debts. Such lien shall further extend to all goods produced or supplied by us wheresoever located, for which payment has not been received, and we shall be entitled to enter the customer's premises and repossess such work and dispose of it, applying the proceeds towards satisfaction of the debt, without that such repossession and or disposition shall annul or diminish in any degree the obligation of the customer with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts and costs of collection thereof.
Notwithstanding that Graphic Sky, Inc. may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.
At Graphic Sky, Inc.'s discretion, computer files, printed documents and other materials used in production may be discarded or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of Graphic Sky, Inc. If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.
Customer's property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer's risk and Graphic Sky, Inc. accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
Unless the customer establishes that Graphic Sky, Inc. has been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.
Where the customer supplies materials, they shall supply an adequate quantity to provide for in-production run up and spoilage and Graphic Sky, Inc. shall assume that such materials are supplied in the necessary quantity.