Quotations are good for 30 days. Errors and omissions in the quote may be corrected at any time. Prices quoted do not include transportation, insurance or any applicable federal, state or local taxes, all of which shall be paid by Customer. To the extent that any such amounts are included, they are merely estimates and may be changed at any time.
Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond May Group’s control. Canceled orders require compensation for incurred costs and related obligations.
3. EXPERIMENTAL WORK
Experimental or preliminary work performed at the customer's request will be charged to the customer at May Group’s current rates. This work cannot be used without May Group’s written consent.
4. CREATIVE WORK AND PREPARATORY MATERIALS
All creative work and concepts, proto-types or other samples developed or furnished by May Group are May Group’s exclusive property. May Group must give written approval for all use of this work and for any ideas derived from it.
5. ACCURACY OF SPECIFICATIONS
Quotations are based on the accuracy of the specifications provided. May Group can re-quote a job at any time if the job doesn’t conform to the information on which the original quotation was based.
6. ELECTRONIC FILES
It is the customer's responsibility to maintain a copy of the original file. May Group is not responsible for accidental damage to media supplied by the customer, or for the accuracy of furnished input or final output. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
Customer alterations include all work performed in addition to the original specifications. All such work will be charged at May Group’s current rates.
Prepress proofs may be submitted electronically. Proof-reading of material will be the responsibility of the customer.
May Group will not be responsible for undetected production errors if:
9. COLOR PROOFING
Because of differences in equipment, substrate, 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.
10. OVER-RUNS OR UNDER-RUNS
Over-runs or under-runs will generally not exceed 10 percent of the quantity ordered. May Group will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation. Additional charges may be assessed.
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. May Group, Fort Worth, TX 76140. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, May Group will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to May Group, or from the customer's supplier to May Group, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point, or upon mailing or e-mailing of invoices for the finished work or its segments, whichever occurs first.
12. PRODUCTION SCHEDULES
Production schedules will be established and reasonably followed by both the customer and May Group. 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, acts of God, or other causes beyond the control of May Group.
13. CUSTOMER-FURNISHED MATERIALS
Material furnished by customers or their suppliers are verified by delivery tickets. May Group bears no responsibility for discrepancies between delivery tickets and actual counts. Customer- supplied substrates and materials must be delivered according to specifications furnished by May Group.
14. OUTSIDE PURCHASES
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
Payment is net cash according to terms established for approved credit lines. Otherwise payment in full is required. Claims for defects, damages or shortages must be made by the customer in writing no later than ten calendar days after delivery.
May Group’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, May Group has the right to hold and place a lien on all customer property in its 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 collection costs incurred.
May Group warrants only that the work will conform to the description contained in the quotation. May Group’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 May Group be liable for specific, individual, or consequential damages.
The customer agrees to protect May Group from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold May Group harmless and save, indemnify, and otherwise defend May Group against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
May Group is not liable for any loss or damage to stored material beyond what is recoverable by May Group’s insurance coverage.
All amounts due for taxes and assessments may be added to the customer's invoice and are the responsibility of the customer. No tax exemption will be granted unless documentation acceptable to each taxing authority such as an acceptable "Exemption Certificate" or “Resale Certificate” are provided to May Group by the customer. If, after the customer has paid the invoice, it is determined that additional tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse May Group for any additional taxes paid.