Standard Terms and Conditions

ACCEPTANCE OF TERMS: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. ACCEPTING OUR
QUOTATION OR PLACING AN ORDER SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS &
CONDITIONS IN THEIR ENTIRETY UNLESS SPECIFICALLY NOTED IN WRITING BY JET MAIL SERVICES, INC. Jet Mail Services, Inc. is collectively referred to herein as “Jet Mail”. “The person, firm or corporation
authorizing Jet Mail to perform services, either directly or through its subcontractors, agents, or
printing, binding and warehouse suppliers, is referred to herein as “Customer”. The terms &
conditions under which Jet Mail provides services to the Customer are contained in the following
paragraphs.

 

1. QUOTATION
A quotation is valid for 30 days and is subject to change based on review of final artwork, "live" files,
data and material. Pricing is subject to review after 30 days. Any variations from the estimate render
this quote void. Delivery Lead Times are applied when proof is approved and are based on material
availability and scheduling at time of approval. This does not include shipping or postage unless noted
otherwise. Handling charges may be applied to UPS & FedEx shipments, including shipping third-party
shipments.


2. 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 Jet Mail’s control. Canceled orders require
compensation for incurred costs and related obligations. Postage must be received 24 hours in advance
of the mail date.


3. EXPERIMENTAL WORK
Experimental or preliminary work performed at the Customer’s request will be charged to the Customer
at Jet Mail’s current rates. This work may not be used without Jet Mail’s written consent.


4. CREATIVE WORK
When creative work is produced for the Customer, ownership of that work remains the property of Jet
Mail, regardless of whether the final job is produced in-house. Ownership transfers to the Customer
when payment is received for time, materials and all creative costs.


5. ACCURACY OF SPECIFICATIONS
Quotations are based on the accuracy of the specifications provided. Jet Mail can re-quote a job at time
of submission if copy, film, tapes, disks, electronic files or other input materials do not conform to the
information on which the original quote was based.


6. CHANGES TO QUOTATIONS
Quotations are based on Jet Mail’s understanding of the specifications provided by the Customer. Jet
Mail may provide an updated and revised Quotation prior to performing the services if the project does
not conform to the information on which the original Quotation was based. Additionally, any Customer
requested changes to the original specifications set forth under any Quotation may result in additional
charges to Customer at Jet Mail’s current time and material rates.


7. PREPARATORY MATERIAL
Artwork, type, tapes, disk, electronic files and all other prep materials supplied by Jet Mail remain Jet
Mail’s exclusive property.


8. ELECTRONIC MANUSCRIPTS/IMAGES
It is the Customer’s responsibility to maintain a copy of the original. Jet Mail is not responsible for
accidental damage to media supplied by the Customer, or for the accuracy of furnished input or final
input. Until digital input can be evaluated by Jet Mail, no claims or promises are made about Jet Mail’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.


9. ALTERATIONS/CORRECTIONS
Customer alterations include all work performed in addition to the original specifications. All such work
will be charged at Jet Mail’s current rate.


10. PREPRESS COLOR PROOFS
Jet Mail will submit digital proofs where applicable for the Customer’s review and approval. Jet Mail will
not be responsible for undetected production errors if:
- Proofs are not required by the Customer.
- The work is printed per the Customers ok.
- Requests for corrections are communicated verbally.


11. PRESS CHECKS
Press checks will not be conducted unless requested at the time an order is placed with Jet Mail.
Product can be produced for the Customer’s approval as long as the Customer is present during make
ready. Any press time lost or alterations/corrections made because of the Customers delay or change of
mind will be charged at Jet Mail’s current rate.


12. COLOR PROOFING
Because of differences in equipment, 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 a variation of this kind occurs, it will be considered acceptable
performance.


13. OVER-RUNS/UNDER-RUNS
Final count being plus or minus 5% of the quantity ordered unless exact quantity agreed upon in
advance; (The over-run/under-run percentage for separately bound work shall be 10% unless otherwise
agreed to in writing by Customer and Jet Mail.)
Jet Mail will bill for the actual quantity delivered within this tolerance. If the Customer requires
guaranteed “no less than” delivery, the overage tolerance percentage must be doubled.


14. CUSTOMERS PROPERTY
Jet Mail expects the original artwork delivered for printing will be, in fact, the property of the Customer
and that it may be reproduced unencumbered according to the Customers instructions. It is the
Customer’s responsibility to ensure that copyrighted materials are being reproduced with the
permission of the copyright holder. Jet Mail may refuse to accept a printing order that appears to be
illegitimate.
All materials furnished by the Customer shall be manufactured, packed and delivered in accordance with
Jet Mail’s requirements and deadlines, and shall be warranted by Customer to be free from any defects,
and all liens and encumbrances.
All materials made or supplied by Jet Mail to facilitate the work shall be Jet Mail’s property,
including without limitation, digital files.
Jet Mail shall have the right to retain possession of and shall have a security interest in all of Customer's
property in Jet Mail’s possession, including work in process and finished work, as security for payment of
any sum(s) due or to become due.


15. DELIVERY
Unless otherwise specified, the price is quoted for a single shipment, without storage, F.O.B. Jet Mail’s
platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the
specifications state otherwise, Jet Mail will charge accordingly at current rates. Charges for delivery of
materials and supplies from the Customer’s supplier to Jet Mail are not included in quotations unless
specified. Title for finished work passes to the Customer upon delivery to the carrier at the shipping
point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first.


16. PRODUCTION SCHEDULE
Production schedules will be established and followed by both the Customer and Jet Mail. 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, equipment failure, acts of God, or other causes beyond the control of Jet
Mail. In such cases, schedules will be extended by an amount of time equal to the delay incurred.


17. CUSTOMER FURNISHED MATERIALS
Materials furnished by Customers or their suppliers are verified by delivery tickets. Jet Mail bears
no responsibility for discrepancies between delivery tickets and actual counts.


18. OUTSIDE PURCHASE
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the Customer,
are chargeable.


19. TERMS/CLAIMS/LIENS
Payment is net cash 30 calendar days from the 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 by the Customer, Jet Mail will understand that the job has been accepted. By accepting the job,
the Customer acknowledges that Jet Mail’s performance has fully satisfied all terms, conditions and
specifications.
Jet Mail’s liability will be limited to the quoted selling price of defective goods without additional charge
for special or consequential damages. As security for payment of any sum due under the terms of the
agreement, Jet Mail has the right to hold and place a lien on all of the Customer’s property in Jet Mail’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 the collection costs incurred.


20. LIABILITY
Jet Mail warrants only that the work will conform to the description contained in the purchase order. Jet
Mail’s maximum liability, whether be negligence, contract, or otherwise, will not exceed the return of the
amount invoiced for the work in dispute. Under no circumstances will Jet Mail be liable for specific,
individual or consequential damages.


21. INDEMNIFICATION
The Customer agrees to protect Jet Mail from economic loss and any other harmful consequences that
might arise in connection with the work. This means the Customer will hold Jet Mail harmless and save,
indemnify, and otherwise defend Jet Mail against claims, demands, actions, and proceedings on any
and all grounds. This will apply regardless of responsibility for negligence.


22. 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 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 Jet Mail 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.


23. PERSONAL OR ECONOMICAL 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 Jet Mail in all legal actions on
these grounds as long as Jet Mail:
- Promptly notifies the Customer.
- Gives the Customer reasonable time to undertake and conduct a defense.
Jet Mail reserves the right to use its sole discretion in refusing to print anything Jet Mail deems libelous,
scandalous, improper or infringing on copyright law.


24. STORAGE
Jet Mail will retain intermediate materials until the related end product has been accepted by the
Customer. If requested by the Customer, intermediate materials will be stored for an additional period
at an additional charge. Jet Mail is not liable for any loss or damage to stored material beyond what is
recoverable by Jet Mail’s fire and extended insurance coverage.


23. FULFILLMENT
Jet mail shall provide the following services to the Customer (collectively the Services):
- Receive shipments from the Customer of the product.
- Provide storage facilities for the inventory in Jet Mail’s warehousing facilities (Warehouse).
- Upon notification by the Customer of a purchase or order of product, Jet Mail will pick and
package the products from the available inventory and ship such products directly to the
purchaser.
- Jet Mail will use appropriate packaging material (i.e., bubble wrap, boxes with void fill etc.) at its
discretion.
- Jet Mail will process, package and ship all product orders in accordance with Jet Mail policies.


24. TAXES
All taxes and assessments levied by any government authority are the responsibility of the Customer. All
amounts due for taxes and assessments will be added to the Customer’s invoice. No tax exemption will
be granted unless the Customer’s “Exemption Certificate” (or other official proof of exemption)
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 Jet Mail for any additional taxes paid.


25. TELECOMMUNICATIONS
Unless otherwise agreed, the Customer will pay for all transmission charges. Jet Mail is not responsible
for any errors, omissions or extra costs resulting from faults in transmission