The information provided is intended as a guideline for use in various business situations and in communication with customers and suppliers. NAPA disclaims any and all liability whatsoever arising from the use of this document.
The original file given by the client to the supplier remains the property of the client. All other files created or amended by the supplier are the property of the supplier. Use of the supplier's files (in whole or in part) is not permitted without written permission and compensation.
The supplier is only responsible for the cost of the storage media when that media is rendered no longer usable. For example if a salesperson inadvertently destroys a CD containing an output file the supplier is only responsible for a blank replacement CD. It is agreed that only duplicate files are submitted for reproduction. The client is expected to keep a copy of all files.
Formal agreements (purchase, use, rights and archive) should accompany any digital file along with a hard copy of that file.
Until a digital file can be evaluated by the supplier, no claims or promises are made about the supplier's ability to work with jobs submitted and no liability is assumed for problems that may arise.
It is customary in the industry for charges to be applied to any file manipulation whether photographic, illustrative or content or for media transfer (moving a file from floppy to CD so production equipment can handle the work). Charges will be applied to the time and materials required for saving any file for a customer after production as well as retrieval charges at any time. The supplier charges for time and materials in the recovery of corrupt files.
Because of compatibility concerns, the supplier has the right to upgrade the file to the most current software in use by the supplier. Although many programs allow saving the file to earlier versions, it is not the responsibility of the supplier to create a different version for the client after the changes have been made. The supplier will charge for all time and materials required to make the file supplied one that is usable for reproduction or for the client's use (the reproduction file might be in a different format than the file for client's use due to software being used).
The supplier is not responsible for matching colour proofs created on noncolour balanced and controlled proofing systems such as desktop colour printers. The supplier is responsible for creating a proper colour balanced proof and submitting it to the customer for approval. Colour variance between the proof and the press should be explained at the time of proof submission. The client should understand that there will NOT be an exact match between the proof and the printed piece - a reasonable colour variance is considered acceptable performance.
It is customary to charge for experimental or preliminary work performed at a client's request whether or not the work is used.
Archiving should be contracted or negotiated. The length of archiving should be included in the agreement. When charges are being applied for archiving it is the supplier's responsibility to ensure that stored files are kept safe and upgraded to the supplier's current storage media as long as the archiving costs are being paid.
When a supplier archives the files with no compensation but for the supplier's use, there is no liability for failure to retrieve the files or inadequate (not-updated) storage methods.
The client agrees to protect the supplier from economic loss and any other harmful consequences that could arise in connection with the work - regardless of the responsibility for negligence.
The client warrants that the subject matter to be printed is not copyrighted by a third part and agrees to indemnify and hold the supplier harmless for all liability, damages and attorney fees that may be incurred in any legal action connected with copyright infringement.
The client will, at the client's sole expense, promptly and thoroughly defend the supplier in all legal actions arising from the content of the work being reproduced.
The supplier is not liable for specific, individual or consequential damages but only for the reproduction and services as contracted on the purchase order. Acceptance of the order may be made by notifying the client (in writing or verbally) or by commencing on the job.
The supplier is not responsible for errors in the final reproduction if proofs are not required by the client, the work is printed as per the client's OK or if changes are communicated orally.
Claims for defects, damages or shortages must be made by the client in writing no later than 10 days from receipt. If no such claim is made, the supplier and the client will understand that the job has been accepted and the client acknowledges that the supplier's performance has fully satisfied all terms and conditions.