Terms and conditions
(updated 11/30/09)
The Graphic Touch Letterpress Co.
d/b/a CrankyPressman.com
Herein known as Printer
1. Content and Accuracy:
Artwork Accuracy:
Customers are 100% responsible for the accuracy of their artwork. A PDF proof for of artwork will be e-mailed to customer by Printer within 24 hours of receipt of artwork files for orders placed online. Timing of proofs for custom orders will be indicated on job quote. All proofs must be approved by customer by e-mail before the job will be printed. Please proofread all artwork files and proofs carefully. The Printer will not be responsible for any typographic errors or misspellings in finished printed pieces.
Postal Regulations are subject to change and Customers are 100% responsible for complying with current USPS Postal Regulations.
Artwork Content:
Printer reserves the right to refuse to print any material that we determine, in our sole discretion, to be immoral, illegal or inappropriate for any reason for distribution by the United States Postal Service. If material is deemed unacceptable, Customer will be notified promptly and permitted to change the content and resubmit the artwork files.
Reproduction Quality:
Because of the nature of the letterpress printing process, variations in the image will occur within the printing run. Variations, such as lighter and darker ink impressions, movement in registration or deterioration of image edges and image quality are normal with letterpress printing and add to its aesthetic appeal. Customers will be asked to submit their preferred image impression along with their approval of the proof. Different impression options will include 'bite', which is a hard, darker impression that will often cause an indentation in the paper surface; 'kiss' which is a light impression that often will break up and have an uneven look; or normal which is a medium impression. If the customer does not specify a preferred impression we will use our judgment as to the best way to print the project. If the customer is looking for a perfect or fine photographic reproduction then letterpress printing may not be the most suitable form of reproduction.
2. Payment:
Payment for your orders can be made through PayPal. If you have a PayPal account you can use it or major credit cards are also accepted by PayPal. We do not have access to nor ever hold any of your specific credit card account details and take your privacy very seriously. Please see the Privacy Policy section of this web site for more information.
Company credit accounts can also be set up. Please contact us for an application. Please note that establishing an account will take 7-10 working days and your project will not enter our production cycle until credit has been approved.
The cost of printing and shipping must be paid in full before the finished printing project will be shipped. All mailing services and postage related fees must be prepaid. Any amount due to the Printer, which is not paid, may result in non-delivery of the order, and interest charges. Customers are responsible for any related collection costs, legal fees and interest. Returned checks will be charged a fee of $25.
Sales Tax Policy:
The Printer is required to collect sales tax on purchases shipped to Ohio. If your order qualifies for sales tax exemption in accordance with Ohio Tax Regulations, you must fill out an Ohio Blanket Certificate of exemption form available by calling customer service at 1-800-433-1288.
Refunds & Cancellation:
No refunds will be granted once work has begun on your order. No partial refunds will be given for work not completed. All refunds, due to overpayment on account are available upon Customer request.
3. Timing & Delivery:
The standard printing packages offered on our web site will be shipped withing 10 days of customer approval of proof. Completion of your job within this turnaround time is dependent on receipt of your e-mailed approval of your proof. Any delay of more than one day in approval of your proof will add to the turnaround time of your completed project by one day for each day your proof goes unapproved. Shipment times are in addition to our printing turnaround times and Printer is not responsible for any delays due to the carrier service. You will be notified by e-mail when the job has been shipped.
Timing of custom jobs depends on scope of project an will be indicated on quote for printing.
When utilizing our Mailing Services, please allow 15 days from printing completion for processing unless otherwise agreed upon.
4. Indemnification, Damages:
Customer agrees to indemnify and hold Printer and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. The Customer represents, warrants and covenants to the Printer that the Customer owns all rights, title, and interest in, or otherwise has full rights and authority to permit the use of the Content in the artwork that has been submitted for printing. To the best of the Customer's knowledge, the Customer Content does not infringe the rights of any third party, and use of the Customer Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties.
Printer liability shall be limited to the stated sales price of any defective goods. In no event shall Printer be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever.
Any claims for damage, defects or shortages of printed pieces must be submitted in writing within 10 working days after the delivery of the product. In the event it is determined that the printing is defective through the fault of the Printer, then the project will be reprinted for no additional charge. We shall be liable for the reprinting costs only and not cost for postage, shipping or re-mailing. The entire defective order must be returned to Printer before the job will be reprinted. The Customer is responsible for all shipping costs incurred for the reprint production and delivery.
Quantities on all orders are subject to a variation of +/- 5%.
Printer hereby represents, warrants and covenants to Customer that we will provide our services in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THE TERMS AND CONDITIONS, THE PRINTER MAKES NO WARRANTIES WHATSOEVER AND EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.
5. Ownership & Limited Use:
When an order is placed with the Printer the Customer represents and warrants that they have all necessary permission, right and authority to place the order and authorize the Printer to print such order on their behalf. Any images/graphics, text or other materials supplied to the Printer by the Customer will remain the sole property of the Customer and the copyright there under has not been assigned or transferred in any manner to the Printer.
The Printer reserves the right to distribute free samples of your completed printed pieces to others. We reserve the right to use any items designed and/or produced in future promotional pieces such as catalogs, fliers, web sites or any other promotional material for The Graphic Touch Letterpress Co. or CrankyPressman.com. If you do not wish to be used in any of our promotions, please send a written request along with your order or to 150 Penn Ave., Salem, OH 44460, or by email to keith@crankypressman.com.
6. Governing Law and Dispute Resolution:
The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Ohio without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Ohio. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. Customer acknowledges that Printer will have no adequate remedy at law in the event Customer uses the printed pieces in any way not permitted hereunder, and hereby agrees that Printer shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
