Terms and Conditions
Notice: Please read these terms and conditions carefully. By placing an order you agree to be bound by these terms and conditions. If you do not agree to the terms and conditions stated below, please do not place an order. We reserve the right to change these terms and conditions without notice. Happle Printing Partnership, Inc. also trades as Happle Mailing Services and Printing Gone Postal. Happle Printing Partnership, Inc. will be referred to as Happle in the following terms and conditions.
A quotation that is not accepted within 30 days may be changed. Quotations are based on the accuracy of the specifications provided. Happle may revise a quote at the time of submission if copy, electronic files, other input materials, or specifications do not conform to the information on which the original quote was based.
Acceptance of orders is subject to approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond Happle’s control. Canceled orders require compensation for incurred costs and related obligations.
If an order is placed after 12:00 noon EST. , that first day will not count toward the stated production time. So, production time will begin the following day. If production time is not specified at the time of your order, it will be considered 7 to 9 business days.
4. Customer Supplied Artwork
Happle is NOT liable for mistakes originating from the customer that caused errors in the final product for any reason. We do not make changes to customer-supplied files. It is the customers responsibility to maintain a copy of the original file. Happle is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input and it’s effect of final ouput. Until digital input can be evaluated by Happle, no claims or promises are made about Happle’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.
5. Graphic Design by Happle
Prelimary work performed at the customer’s request will be charged to the customer at Happle’s current rates. This work cannot be used without the Happle’s written consent. Sketches, copy, dummies, electronic files, and all other creative work developed or furnished by Happle are Happle’s exclusive property. Artwork, type, plates, negatives, tapes, disks, and all other items supplied by Happle remain Happle’s exclusive property. We will provide an electronic copy upon request to a customer who has paid for the artwork in full.
If proofs are required by the customer no work will be performed until the proof is signed and returned. The proof return sheet must be marked either, “OK as is”, “OK with changes”, or “revised proof required”. Happle will not be responsible for undetected errors that the customer has approved during the proofing process. Any author corrections or changes to the proof by the customer will be charged at the prevailing rate for additional graphic design, or additional proof charges incurred by Happle to perform the requested changes. If the changes must be made because of Happle’s error or omission from the customer’s original written request Happle will make the changes free of charge.
7. Over-Runs of Under-Runs
Over-runs or under-runs will not exceed 10% of the printing quantity ordered. Happle will bill for actual quantity printed within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
8. Customer Supplied Mailing Lists
Customer supplied mailing lists will remain the property of the customer. Happle will not use a customer supplied list for any other purpose only to service the mailing needs of the customer that supplied the list. The list cannot be resold, or used in any way without the written consent of the customer which supplied the list. Happle will store a large list for separate mailings provided that the list is used within a three month period. Once Happle has presorted a customer supplied list and run a check for duplicates the list quantity is subject to change. Happle will bill the customer for the actual quantity mailed. It is the customer’s responsibility to have printed or supply Happle with enough material to mail the complete list provided. The inkjetting spoilage factor is up 1% of the printed material.
Happle is NOT liable for mistakes originating from the customer that caused errors in the final product for any reason. It is the customers responsibility to maintain a copy of the original file. Happle is not responsible to store or maintain a copy of the customer’s mailing list. It is our policy to delete customer supplied mailing lists after a period of three months from the earliest Invoice date. Happle is not responsible for accidental damage to mailing lists supplied by the customer or for the accuracy of furnished input and its effect on final output. Until the digital input can be evaluated by Happle, no claims or promises are made about Happle’s ability to work with mailing lists submitted in digital format, and no liability is assumed for problems that may arise in our attempts to help the customer prepare files for mailing. We prefer working with mailing lists in an Excell format. Any additional translating, editing or programming needed to utilize customer-supplied files will be charged at prevailing rates.
9. Happle Generated Mailing Lists
A list generated by Happle has already been updated, CASS certified, and checked for duplicates at the time ordered so our provided lists tend to be accurate in quantity, as well as content.
10. Customer’s Property
Happle will only maintain fire and extended coverage on property belonging to the customer while the property is in Happle’s possession. Happle’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 Happle.
Unless otherwise specified, the price quoted is for a single shipment, without storage, to the production platform. Proposals are based on continuous and uninterrupted delivery of the complete order, which may include printing and mailing immediately afterward. If the specifications state otherwise when ordered, Happle will charge accordingly at current rates. We have various arrangements; however we need to know fulfillment requirements when the job is submitted for an estimate. Title (ownership) for finished work passes to the customer upon delivery to the carrier at the shipping point or delivery to the Post Office, or upon Invoicing for the finished work or its segments if being stored at Happle. Even if Happle includes freight in the price for printing, transfer of ownership of the product from Happle to the customer takes place when shipped or when mailed, and not when received by the customer. When a package is sent to the wrong address due to the customer not submitting the proper shipping address, Happle will reship the package with the corrected address and charge an additional shipping fee for the shipment. If it is Happle’s error, from a written order (not verbal), then we will reship at no additional charge to the customer.
12. Production Schedules
Production schedules will be established and followed by both the customer and Happle. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to change. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, flood, strikes, accidents, action of government or acts of God, or other causes beyond the control of the Happle. In such cases schedules will be extended by an amount of time equal to the delay incurred.
Payment is due at the time of ordering.
If the customer requests credit terms, it is at the discretion of Happle to extend those terms. If credit terms are extended, after credit approval, payment is due within 30 days. All invoices that include postage will be paid in advance of mailing, even if credit has been extended. Any unpaid balances are subject to a 1½% monthly service charge or 18 % annually. If payment is not made the customer is liable for all collection costs incurred, including attorney’s fees. As security for payment of any sum due under the terms of an agreement, Happle has the right to hold and place a lien on all customer property in the Happle’s possession. This right applies even if credit has been extended.
Claims for defects, damages, or shortages must be made within 12 calendar days after delivery. If no such claim is made, Happle and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the Happle’s performance has fully satisfied all terms, conditions, and specifications. Happle’s liability is limited to the quoted selling price of the defective goods.
Happle warrants that the work is as described in the customers instructions ( ie: purchase order or order placed on our web site). Happle warrants only that the work will conform to the description contained in the customer’s instructions. Happle’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 Happle be liable for specific, individual, or consequential damages.
The customer agrees to protect the Happle from economic loss and any other consequence that could arise in connection with the work. This means that the customer will hold Happle 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.
The customer also warrants that the subject matter to be printed is not copy righted 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 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 subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Happle harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with the copyright infringement involving the work produced or provided.
18. Customer Content
The customer understands that all information, data, text, photographs, messages or other content are the sole responsibility of the person from which such content originated. 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 is responsible, not Happle, to abide by all Federal Trade Commission policy when designing artwork. The customer will, at the customer’s sole expense, promptly and thoroughly defend Happle in all legal actions on these grounds as long as Happle promptly notifies the customer of the legal action and gives the customer reasonable time to undertake and conduct a defense. We reserve the right to refuse service for anything we deem illegal, libelous, scandalous, improper, or infringing upon copyright laws.
Happle is not liable for any loss or damage to stored materials beyond what is recoverable by Happle’s fire and extended coverage.
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” accompanies the order. If after the invoice has been paid, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse Happle for any additional taxes.