TERMS & CONDITIONS
The following are the Terms and Conditions of Hignell Book Printing (HBP), a division of Unigraphics Ltd.
Quotation
Due to the constant change in the cost of paper and other materials, quotations not executed within 30 days are subject to change.
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Orders
All orders accepted by HBP are subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God and other causes beyond the control of Unigraphics. If an order is cancelled all incurred costs and related obligations if any will be invoiced at the current rates and are the responsibility of the client to pay.
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Client Supplied Materials
All materials supplied by the client or their representative are verified by a review of delivery slips. Unigraphics has no responsibility for discrepancies between the delivery slips and what was shipped by the client. All client supplied materials are covered under HBP fire and extended insurance coverage while in HBP’s possession. HBP is only responsible for this property up to the value that is recoverable from the insurance.
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Electronic Information Transfer
HBP is not responsible for any errors, omissions or extra costs resulting from faults in the transmission of such information.
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Digital Asset Practices
Archiving – HBP archives all electronic files for a period of 5 years at no charge; however, HBP cannot guarantee that these archived files can be retrieved or used in future printing. Customers are advised to always keep a copy of their original files.
The setting and communication of copyright guidelines and usage guidelines for original images or files are the responsibility of the client.
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Accuracy of Quotations
All quotations are based on the specifications provided by the client and those which appear on the letter of quote. If at the time of submission the specifications are different than those originally supplied, the job will be re-quoted and invoiced accordingly.
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Alterations or Corrections
Alterations and corrections include all work performed in addition to the specifications outlined in the quotation. All alterations and corrections will be charged at current rates.
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Content Proofs
HBP will submit content proofs for the clients review and approval. Corrections will be returned to Unigraphics together with a completed Proof Corrections sheet indicating that the job is “OK as is” or “Requires proof of changes”. Until the proof slip is returned, or written consent is given by the client, no additional work will be performed. HBP will not be responsible for undetected production errors if proofs are not requested by the client, or the work is printed per the client or its representative’s OK, or if requests for changes are communicated orally.
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Colour Proofing
A proof is used to simulate how the printed piece will look. Due to differences in equipment, paper, inks, and other conditions between proofing and production pressroom operations, variations in colour and shades between proofs and completed jobs will occur. Subsequently, HBP will not provide discounts or reprints if some colour variation should occur. If a significant dispute should arise, samples will be forwarded to the GATF for independent and expert opinion.
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Press Proofs
Press proofs will not be furnished unless they have been provided in writing in Unigraphics quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during make-ready. HBP allows 30 minutes for all approvals on press, any time in excess of 30 minutes is chargeable to the customer at current rates.
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Over-runs
In the print production process, additional books must be produced at every step of manufacturing to allow for set-up copies and spoils. Most often this results in more finished books being produced than ordered by the client. HBP follows industry standards and bills for the actual quantity produced, which can vary up to 10% of the confirmed quantity (plus or minus). If the client requires exact quantity this must be stated at the time of quotation. This will then be stated in the letter of quotation from Unigraphics and this guarantee will impact the unit cost of the books.
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Under-runs
At times, production issues result in fewer finished books being produced than ordered. A shipment of 90% of the specified quantity is considered by industry standards as a complete and acceptable order. HBP follows industry standards and bills for the actual quantity produced, which may vary up to 10% of the confirmed quantity (plus or minus). If the client requires exact quantity this must be stated at the time quotation. This will then be stated in the letter of quotation from HBP and this guarantee will impact the unit cost of the books.
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Production Schedules
Production schedules will be established and adhered to by the customer and Unigraphics provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labour trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers and carriers, action of civil authority and acts of God or other causes beyond the control of the customer or Unigraphics. If production schedules are not adhered to by the customer, final delivery date(s) will be subject to renegotiations.
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Storage
HBP will store customer finished good if required. There is a monthly charge for storage as well as for filling customer orders from stored goods. Unigraphics is not liable for any damage to customer goods beyond what is covered in Unigraphics fire and extended insurance coverage.
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Delivery
Unless otherwise specified in the HBP quotation, the price is for one single shipment, without storage, FOB Unigraphics loading dock. If additional shipments are required they will be charged accordingly at current rates. Charges for delivery of materials from the client or client’s representative to Unigraphics are not included unless specified. HBP does not insure goods in transit. All shipping insurance is the responsibility of the client regardless of FOB destination and is available at an extra charge.
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Claims
Claims for defects, damages, or shortages must be made by the client in writing no later than 30 calendar days after delivery. If no such claim is made, the job will be deemed accepted as delivered. By accepting the job the client acknowledges that Unigraphics has fully satisfied all terms, conditions, and specifications of the agreement. The laws of Manitoba will govern all agreements and claims.
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Quality of Printing and Binding
HBP strives for unsurpassed quality in everything they produce. Inherent in the printing and binding process is the mechanical nature of manufacturing. A mechanical process utilizing paper that contracts and expands with changes in humidity, thickness and temperature, guarantees that books will have at times minor flaws such as hickeys, dents, bends, frayed edges, roller marks, scratches, white spots, ink spots, bubbles, broken type, marking, ghosting of images, variation in foil stamping and embossing, colour variation, etc. In almost all cases these minor flaws do not affect the readability (or enjoyment) of the book by the end consumer. Unigraphics will not provide invoice credits or reprints when minor imperfections appear as a result of the high speed mechanical nature of printing and binding. Errors that may result in invoice credits or rework would include missing pages, missing images, or pages in the incorrect order.
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Waviness of Text Blocks / Cover Warp / Cover Curl
Paper books are affected by changes in humidity and temperature. HBP’s printing plants are humidity and temperature controlled to minimize waviness and cover warp. When books leave any controlled environment they will react to different humidity and temperature levels (higher and lower). Humidity and or temperature changes will cause paper to absorb or lose moisture and at times result in waviness in the book block and/or cover curl. HBP cannot control this environmental change and subsequently cannot warrant that its books will not at times exhibit waviness in the book block and/or cover curl and as such will not compensate customers or provide a reprint when books or components of the books exhibit waviness or curl.
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Electronic Manuscript or Image
It is the customer’s responsibility to maintain a copy of the original digital file. HBP is not responsible for accidental damage to media supplied by the client or for the accuracy of the files. Until files are evaluated by HBP, no claims or promises are made about our ability to work on files submitted.
Indemnification
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The customer agrees to protect Unigraphics from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Unigraphics harmless and save, indemnify, and otherwise defend HBP against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
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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 Unigraphics 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.
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Taxes
Generally items that are to be resold are exempt for provincial or state tax. For any product on which taxes apply, it is the responsibility of the client to pay such taxes. Canadian clients will be charged GST or HST which they can claim as an input tax credit. Clients not located in Canada will be charged for goods and services provided and delivered within Canada. Clients located in the United States are required to provide Unigraphics with their IRS Number or Social Security Number. If a customer is deemed to be tax exempt they must provide Unigraphics with their “Exemption Certificate” (or other official proof of exemption). If, after the customer has paid the invoice it is determined that additional taxes are due then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse HBP for any additional taxes paid.
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Governing Law
Any acceptance will be conclusively deemed to have been made in the province of Manitoba. Any agreement resulting from acceptance by Unigraphics shall be governed by and construed in accordance with the laws of the province of Manitoba and its courts shall have exclusive jurisdiction over any legal proceedings pertaining to the agreement.