The estimate provided to customer (Purchaser) is on the basis of specifications given by them and is subject to the final confirmation by Pragati Offset Pvt. Ltd. / Pragati Pack (India) Pvt. Ltd. / Pragatipack Noida Pvt Ltd (Seller) and any business so confirmed will be subject to these conditions.
1. QUOTATIONS:
a. Quotations are valid for 15 days, subject to availability of material.
b. Quotations are based on the accuracy of the specifications provided by the purchaser. We can re-quote for the job at the time of submission if input materials do not conform to the information on which the original quotation was based.
2. ORDERS: Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider's control. Cancelled orders require compensations for incurred costs and related obligations.
3. TAXES: All direct / indirect taxes, levies and import/customs duties, if any, levied by Central and/or State Governments, Municipalities, Customs Offices and/or Public Bodies even if not included in the estimate will be charged extra, if applicable. Even if not charged by us, these levies, if any, will be payable by the purchaser, as and when demanded /raised by us or the government authorities . Rate of Taxes / duties / levies as the time of delivery of the goods would be final and any increase imposed by the authorities with retrospective effect at a later time, purchaser would be liable to pay such differential amount
4. ADDITIONAL WORK: Any work required by the purchaser in the course of the transaction not otherwise provided in quotation will be charged extra.
5. ALTERATIONS: Any change / variation made by purchaser shall be charged extra at our discretion.
6. EXPERIMENTAL WORK: Experimental or preliminary work performed at the purchaser’s request will be charged to the purchaser at our current rates. This work cannot be used / shared without our prior written consent.
7. CREATIVE WORK: Sketches, copy, dummies and artwork prepared by or submitted by us in confidence, unless paid for, shall remain our exclusive property and no use shall be made of the same, nor any idea obtained therefrom be used, without our express consent and only if so agreed, upon payment of compensation to be determined by us.
8. PROCESS MATERIALS: All materials including plates and other printing media, used in process remain our property.
9. PROOFING:
a. We will submit proofs at the prepress stage for purchaser’s approval. Corrections, if any, have to be sent back to us in writing, by email – preferably marked on the proof itself. We will not be responsible for undetected production errors if:
i. Proofs are not required by the purchaser;
ii. The work is printed per the purchaser's okay;
iii. Requests for changes are communicated orally.
b. Press proofs will not be furnished unless they have been required in writing by the purchaser and have been expressly included in our quotation. Any alterations / corrections made at this point will be charged at our current rates.
c. Because of differences in equipment, paper, inks and other conditions between color proofing and production press room operations, a reasonable variation between the machine/color proof and the completed job is to be expected. When variation of this kind occurs, it shall constitute an acceptable delivery, and shall be so accepted.
10. ACCEPTED DELIVERY: All complaints for quality deviation are to be made in writing within ten days from the date of the receipt of the material by the purchaser. After the expiry of the said period, the purchaser will be deemed to have accepted the delivery of the job as per the specifications and to his satisfaction. By accepting the job, the purchaser acknowledges that all terms, conditions, and specifications have been fully satisfied.
11. DELIVERY AND CLAIMS:
a. Payment shall become due as per the agreed terms of credit upon delivery of goods or notification that they are ready for delivery.
b. Production schedules will be established and are to be followed by both us, as well as the purchaser. In the event that production schedules are not adhered to by the purchaser, delivery dates will be subject to renegotiation. 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 our control. In such cases, schedules will be extended by an amount of time equal to delay incurred.
c. Whatever work is suspended at the request of purchaser or delayed through any default of the purchaser and undue delay for any reason whatsoever, the purchaser would be liable to be charged at our discretion, the rent for the goods, materials and stores detained for the job and/or for payment for work already carried and the purchaser will be bound for such rent, charges or payment.
d. Unless agreed otherwise, price quoted is ex-works. Charges for proofing, packing and delivery of materials are not included in quotations unless specified.
e. Title of goods and risk shall pass on to the purchaser on delivery at delivery point. Delivery point means factory, go-down or any other place of business / storage of seller except as otherwise agreed between Purchaser and Seller.
f. Deliveries: At the request of the purchaser we may undertake / arrange for deliveries and in such cases, Consignment Note / Lorry Receipt / Railway Receipt / Airway Bill / Bill of Lading / Postal Receipts shall be accepted as proofs of delivery. Our responsibility ceases the moment the goods are dispatched as per purchaser request and the receipts handed over. The purchaser shall not hold up dues pending confirmation from the receiver of goods.
g. The dispatch of the goods at the request of the purchaser, if undertaken, is at the risk of the purchaser. While care will be exercised in packing and insuring the goods, any claim of damage / shortage shall be accepted if:
i. notification is given in writing or by email within a reasonable period of time from receipt of goods, and
ii. the above notification includes a survey of said loss by an independent insurance surveyor.
iii. Furthermore, in such cases, we would be liable only to re-print the job for the purchaser. We shall not be liable for any direct or indirect consequential loss or for any loss to the purchaser due to the delay caused herewith.
12. VARIATIONS IN QUANTITY: Every endeavor will be made to deliver the correct quantity ordered, but quotations are conditional upon a tolerance of 5 percent overs or 10 percent shortage, the same to be charged for or deducted pro rate, as the case may be.
13. RETENTION COPIES AND IMPRINT: We shall be entitled to retain with ourselves without any payment therefore to the purchaser some copies of all works done for record or display or any other purpose. We shall be entitled to put our imprint line on all jobs at such places as it may be decided.
14. LIABILITY:
a. We shall not be liable for any direct or indirect consequential loss or for any loss to the purchaser arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
b. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect. Our maximum liability, whether by negligence, contract, or otherwise, shall not exceed the return of the amount received toward the said work in dispute. Under no circumstances will we be liable for specific, individual, or consequential damages.
15. CUSTOMER’S PROPERTY:
a. While all care will be exercised in storing and insuring the customers property, in the case of any loss or damage to the same, our 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 by the purchaser.
b. Where materials are supplied by purchasers, every care will be taken to ensure the best results, but we are not responsible for loss of quality caused by defects in and/or unsuitability of such materials or equipment.
c. Any raw materials supplied by purchaser must include adequate quantities to cover spoilage. Unless stipulated otherwise the spoilage will be as per the All India Federation of Master Printers Spoilage formula.
d. Where paper, board or other materials are furnished by the purchaser, it shall be properly packed, free from dirt, fluff, grit, torn sheets, creases, bad splices. Any shortage due to above reasons or short counting shall be on the purchaser’s account. Additional cost consequent upon delays or impaired production on account of the above reasons shall be charged to the purchaser.
e. All purchaser property has to be delivered to us with complete documentation and express details of the confirmed order that it pertains to. Any material delivered which does not pertain to the requirements for an order will be charged for warehousing as deemed fit.
16. GENERAL LIEN: We shall in respect of all unpaid debts due from the purchaser have a general lien on all goods and property of the said purchaser in our possession and shall be entitled on the expiration of 14 days notice to the said purchaser to dispose of such goods or property as seen fit and to apply the proceeds towards such debts.
17. LEGAL MATTERS:
a. An express assurance from the purchaser shall be assumed that his/her print order does not carry any statement, remark, allusion, connotation or expression of any nature which shall be construed, interpreted or purported to be directly or indirectly slanderous, libelous, illegal or immoral and opposed to public policy, or inconsistent with public morality or infringement of any copyright, patent, design, trade mark or repugnant to another law in force.
b. We shall in our discretion be always at liberty, even after acceptance of the order, either to refuse to print any order or any part thereof or, refuse to deliver any such matter and material, when in our opinion, the matter or any part thereof, is not according to the aforesaid assumed expression of assurance from purchaser. The purchaser shall also be liable to pay the charges and expenses in respect of processing including printing of the entire order or any part thereof on the basis and in proportion of the cost of the order.
c. Upon our refusal to print and complete the order having accepted it, or having printed a part of the order and refusing to print the balance or refusing to deliver the matter and materials already printed, the purchaser shall not be entitled to make any claims against us for loss or damages for such refusal.
d. If at any time, any claim is made, action is brought or demand is raised for damages on account of defamation, slander, libel etc., arising out of the print job carried out by us, the purchaser agrees to indemnify us and keep us so indemnified for such loss or damages.
18. TERMS:
a. 50% advance and balance against delivery or such credit as agreed. In the event of the payment not being received within the agreed time the name of the purchaser will be forwarded to the Master Printers Association for circulation among its members.
b. Interest: Interest at the rate of 24% per annum will be charged on all out-standings.
c. If the purchaser is in arrears with a payment, all accounts payable by the purchaser will become due immediately, irrespective of the maturity
19. FORCE MAJEURE: Every effort will be made to carry out the contract but its due performance is subject to cancellation or to such variations as we may find necessary as a result of inability to procure labour, materials or suppliers or as a result of any Act of God, Force Majeure, Strike, Lockout, or other labour disputes, Fire, Flood, Drought, Legislation or other cause, (whether of the foregoing cause or not) beyond our control.
20. RETURNS: No goods shall be returned for credit without first obtaining written consent from an authorized personnel of the seller.
21. DISPUTES:
a. All disputes shall be referred to the arbitration of The Master Printers Association or its Committee with summary powers for final decision which shall be binding on both the parties.
b. Subject to and after exhausting the above remedy as provided in clause (a) hereof, if any matter or dispute is to be referred to the court, all such disputes shall be subject to the jurisdiction of the court at Hyderabad (Telangana).
