LAMA CUTTING INC.

Terms for Service

By choosing LAMA Cutting Inc., the Customer agrees to the terms and conditions as noted below and/or specified in contracts and purchase orders between the parties. If you have any questions, please feel free to contact your Account Representative.

To receive credit for services, you must complete and return the LAMA Credit Application Form

Quotation
A quotation not accepted within 30 days may be changed. Typically the quote will remain the same for some time. If a price change occurs after the 30 days, we will honor the original quote.

Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production equipment, a reasonable variation in color between proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance. LAMA Cutting Inc. will always do its best to reasonably color match book reprints to prior jobs, but a variation in color may occur due to length of time, machinery, and difficulty of exact color matching.

Over-Runs or Under-Runs
Over-runs or under-runs will not exceed (10%) ten percent of the quantity ordered. LAMA Cutting Inc. will bill for actual quantity delivered within this range. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation. This is because it is difficult to produce an exact amount of product. LAMA Cutting Inc. needs to make a greater amount of product to achieve the requested amount due to set up, human error, defections, waste, and ink or toner marks. The plus/minus 10% is needed to end up with the desired number of products. If the product total is under the desired amount, the customer will be credited that amount.

Terms/Claims/Liens
Unless otherwise specified in writing, payment of half (50%) the amount is required when the order is placed, and the remaining balance before the product is shipped. 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, LAMA Cutting Inc. and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that LAMA Cutting Inc’s performance has fully satisfied all terms, conditions, and specifications. LAMA Cutting Inc.’s liability will be limited to the quoted cost 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, LAMA Cutting Inc. has the right to hold and place a lien on all customer property in LAMA Cutting Inc.’s 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.

Accuracy of Specifications
Quotations are based on the accuracy of the specifications submitted. LAMA Cutting Inc. can requote a job at time of submission if materials do not conform to the information on which the original quotation was based.

Orders Acceptance
Acceptance of orders is subject to credit approval and contingencies, such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond LAMA Cutting Inc.’s control. Canceled orders require compensation for incurred costs and related obligations.

Experimental Work, Prototypes, Samples, Product Layout
Experimental or preliminary work performed at customers request will be charged to the customer at LAMA Cutting Inc.’s current rates. This work cannot be used without LAMA Cutting Inc.’s written consent.

Film & Digital Devices
Negatives, positives, disks, and all other items will become customer’s property only upon full payment by customer. LAMA Cutting Inc. reserves the right to retain a lien on all such items in the event of nonpayment.

Electronic Data or Image
It is the customer’s responsibility to maintain a copy of the original file(s). LAMA Cutting Inc. is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or promises made about LAMA Cutting Inc.’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, formatting 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 LAMA Cutting Inc’s current rates.

Customer’s Property
LAMA Cutting Inc’s will only maintain fire and extended coverage on property belonging to the customer while the property is in LAMA Cutting Inc’s possession. LAMA Cutting Inc.’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 LAMA Cutting Inc.

Delivery
Unless otherwise specified, the price quoted does not include shipping and storage costs. LAMA Cutting Inc. will charge accordingly at current rates or customer can arrange pickup and delivery. Charges for delivery of materials and supplies from the customer to LAMA Cutting Inc., or from the customer’s supplier to LAMA Cutting Inc. are not included in quotations unless specified.

Production Schedules
Production schedules will be established and followed by both the customer and LAMA Cutting Inc. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of LAMA Cutting Inc. In such cases, schedules will be extended by an amount of time equal to delay incurred. Rush jobs are jobs that do not follow the normal turnaround and are subject to a rush fee.

Customer-Furnished Materials
Materials furnished by customers or their suppliers are verified by delivery tickets. LAMA Cutting Inc. is not responsible for discrepancies between delivery tickets and actual counts. Customer-supplied stock materials must be delivered according to specifications by LAMA Cutting Inc. The specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, files, color separation, special dyes, thumb drives, or other materials furnished by the customer must be usable by LAMA Cutting Inc. without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by LAMA Cutting Inc., at LAMA Cutting Inc.’s current rates, to be paid for by the customer.

Outside Purchases
Unless otherwise agreed in writing, all outside purchases, as requested or authorized by the customer, are chargeable.

Liability
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. LAMA Cutting Inc. warrants only that the work will conform to the description contained in the purchase order. LAMA Cutting Inc.’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 LAMA Cutting Inc. be liable for specific, individual, or consequential damages.

Taxes
All amounts due for taxes and assessment 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 exception) accompanies the purchase order. 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 LAMA Cutting Inc. of any additional taxes paid.

Stock materials and Paper
Prices quoted and any schedules submitted are subject to change in either price or availability of stock. Price of finished job will be based on the cost of stock at the time of shipment of stock. Most grades of stock are available on the terms of “price prevailing at time of shipment”. Scheduled deliveries of stock are subject to change at the discretion of supplier.