Terms And Conditions
MITCHELL PRESS LIMITED TERMS & CONDITIONS AND PRIVACY STATEMENT
These Terms and Conditions of Sale (these “Terms and Conditions”) apply to, and are hereby incorporated by reference in, all purchase orders and the like issued and/or accepted by Mitchell Press Limited and/or Mitchell Digital Limited (collectively referred to as “Mitchell”) and any other documentation issued and/or accepted by Mitchell with respect to a client’s purchase of goods and/or services, including, but not limited to, all sales quotations, acknowledgements and similar documents.
The customer is responsible to ensure accuracy of the data (specifications, files, materials, etc.) supplied to Mitchell. It is the customer’s obligation to provide Mitchell with all requirements before the job enters production or a Purchase Order is provided. The customer agrees to compensate Mitchell for additional labour and material costs based on current Mitchell labour and material costs resulting from any incomplete or incorrect information provided to Mitchell at the time of quotation.
Copyright and Trademark
The customer is responsible for ensuring that all materials supplied to Mitchell for production of goods or provision of services do not violate copyright or trade-mark restrictions. Mitchell assumes no liability whatsoever for the customer’s use of misuse of copyrighted or trademarked materials.
All customer-furnished materials must be manufactured, packaged, and delivered according to Mitchell’s specifications. The customer will compensate Mitchell for any production delays caused by deficiencies in customer-furnished materials and/or specifications at current Mitchell rates.
- Unless otherwise specified, the price quoted is for a single shipment, without storage, FOB Mitchell’s shipping dock. Price quotations are based on continuous and uninterrupted delivery of the complete order unless specifications distinctly state otherwise. All delivery and courier charges are to be paid by the customer. Any additional charges not noted in advance to Mitchell such as tail gate, hand bombing, or waiting time not quoted in advance are to be paid by the customer.
- The Goods will be delivered on a date to be determined by Mitchell after receipt of a Purchase Order from the Customer. Mitchell shall determine the delivery date upon confirmation of the availability of material including, but not limited to, the selected paper stock and any other materials required to produce the goods.
- The quantity of the goods as recorded by Mitchell at time and location of shipment from Mitchell’s place of business is conclusive evidence of the quantity received by the customer on delivery unless the customer can provide conclusive evidence proving the contrary.
- Any liability of Mitchell for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or adjusting the invoice respecting such goods to reflect the actual quantity delivered.
- All sales of goods to the customer are made on a one-way basis and the customer has no right to return goods purchased under the sales documentation and these terms and conditions.
If Mitchell delivers to the customer a quantity of goods of up to 5% more or less than the quantity set forth in the sales documentation or as otherwise agreed to, the customer shall not be entitled to object to or reject the goods or any portion of them by reason of the surplus or shortfall and shall pay for such goods at the price set forth in the sales documentation adjusted pro rata.
Any requirement for exact quantity with no overs or unders, must be outlined at time of estimate and stated clearly on Mitchell’s quotation letter.
Digital Asset Practices
- Archiving: Mitchell archives all electronic material for a period of six (6) months. There is no additional charge for this service.
- Versions: All files should be clearly labeled and dated with relation to their use. Old versions or unnecessary files should be deleted or erased from transportable media intended for use by Mitchell. Properly sized and marked hard copies or laser proofs of those files should accompany the project. Costs incurred by the mistaken use of improperly submitted files will be the responsibility of the client.
- Copies of original files given by the client to Mitchell remain the property of the client.
- The amended file created by Mitchell to achieve an end result or product, will remain the property of the client, provided the client’s account is paid in full. Retrieval, copying and media costs will be charged to the client at current Mitchell rates.
Hi resolution G7 GraCol® verified colour press proofs will be supplied only to those customers who request one in their specifications and will be charged to the customer at current Mitchell rates.
The customer has the obligation to:
- clearly indicate all corrections on the proof approval form.
- check off the relevant instructions on the proof approval form.
- if necessary, immediately request revised proofs.
- sign and date the proof approval form; and
- return the proofs to Mitchell.
Presswork will not begin before the customer marks the proof approval form either “O.K.” or “O.K. with corrections.”
Mitchell is not responsible for any printing errors or losses if:
- the customer fails to order a press proof.
- the customer refuses to accept a proof.
- the customer fails to return a proof with changes.
- the customer communicates changes verbally; or
- the work is printed per customer’s “O.K.” or “O.K. with corrections.”
Because of differences in equipment, paper, ink, and other factors involved in colour proofing and production pressroom operations, Mitchell is not responsible for minor colour variations between colour proofs and the completed job. PDF and online proofs are intended only to determine design, layout, and text accuracy.
Content Proofs – (imposition proof)
The purpose of the Content Proof is to verify digital content. This is the proof that you will use to check pagination, crossovers, typographical content, and trims.
The Content Proof is imaged on an inkjet printer. This proof will match the content that is on the printing plates. It shows colour breaks but does not represent accurate colour.
Soft Proofing (PDF or online proofs)
PDF Soft Proofs are to verify digital content. This proof will be used to check pagination, crossovers, typographical content, type safety, or colour break. PDF Soft proofs are not an accurate tool for colour approval. To achieve accurate colour; your monitor must be regularly calibrated and maintained to industry standards. Mitchell calibrates our colour monitors weekly to ensure accurate reproduction.
Colour Separations and Trapping
If the customer furnishes colour files and orders colour separations of those files, the client is responsible for the result. Any request for Mitchell to check colour separation or trapping from customer-furnished files and separations constitutes an authorized alteration which will be charged to the customer at current Mitchell rates.
Any variation to the original quotation or changes to intermediate and final proofs, introduced by the customer, is an alteration. Alterations will be charged to the customer at current Mitchell rates, which are available upon request. If Mitchell receives raw materials that deviate from the specifications set out in the sales documentation, Mitchell shall notify the customer prior to proceeding with the production of the goods.
Limitation of Liability
In no event shall Mitchell’s aggregate liability arising out of or related to the Sales Documentation and these Terms and Conditions, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amount paid to Mitchell for the Goods and Services sold hereunder or $10,000, whichever is less.
Liability and indemnification: Mitchell’s liability is limited to selling price of defective goods and shall in no event include consequential damages. Customer shall indemnify the printer from any and all costs and damages on account of any actions and proceedings that may be instituted against the printer alleging that the printing violates copyrights or proprietary right, or that it contains matter that is libelous or obscene, or invades any person’s privacy or other personal rights, except to the extent that the printer contributed to the matter.
Guarantees / Material Defects
Claims for defects, damages, or shortages must be made in writing within a period of 10 calendar days after delivery of all or any part of the order. Failure to make such claim within stated period shall constitute irrevocable acceptance and the admission that they fully comply with terms, conditions, and specifications.
Mitchell may at its sole discretion implement additional payment terms including, but not limited to, the payment of deposits and additional amounts on completion of certain milestones during the production of goods or during the performance of services.
Standard payment terms are 50% deposit and balance on shipment.
Net 30 days from date of invoice, is available upon request and subject to approved credit on completion of the first project.
The Customer shall make all payments hereunder by cash, cheque, electronic bank transfer or credit card in Canadian or US dollars as reflected on the invoice.
Any payment by the Customer using Credit Card is subject to a 2.5% administration fee.
Mitchell may charge 2% interest per month, compounded, after the payment due date until the day before the date that payment is received.
$25.00 charge on NSF cheques.
Buyer shall be responsible for costs of collections, including interest, reasonable legal fees, other expert and professional fees, and court costs, incurred by Mitchell in collecting any amounts owed by the buyer.
The Customer shall not assign any of its rights or delegate any of its obligations under the Sales Documentation and these Terms and Conditions without the prior written consent of Mitchell. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves the Customer of any of its obligations under the Sales Documentation or these Terms and Conditions.
Relationship of the Parties
The relationship between Mitchell and the customer is that of independent contractors. Nothing contained in the sales documentation and these terms and conditions shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
The Sales Documentation and these terms and conditions shall in all respects be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. The courts of British Columbia shall have the exclusive jurisdiction to hear any matters arising in connection with the sales documentation or these terms and conditions, including all exhibits, schedules, attachments, and appendices attached thereto, and each party irrevocably submits and attorns to the exclusive jurisdiction of the courts of British Columbia. Mitchell and customer’s obligations under this Section 26 shall survive the termination of the sales documentation and these terms and conditions.
All non-public, confidential or proprietary information of Mitchell, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, pricing, discounts or rebates, production methodology disclosed by Mitchell to the customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with the sales documentation and these terms and conditions is confidential, solely for the use of performing the agreement and may not be disclosed or copied unless authorized in advance by Mitchell in writing. Upon Mitchell’s request, the customer shall promptly return all documents and other materials received from Mitchell. Mitchell shall be entitled to injunctive relief for any violation of this section. This section does not apply to information that is: (a) in the public domain, or (b) known to the customer at the time of disclosure. The customer’s obligations under this section shall survive the termination of the sales documentation and these terms and conditions.
Mitchell maintains the principles of honesty and trust with respect to the privacy of personal information. As part of this commitment, Mitchell will protect the privacy of personal information by applicants for employment with the Company and clients of the Company, who submit to us any of their personal information. To ensure this commitment, the Company agrees to comply in all material respects with all applicable privacy laws, and in particular, the Personal Information Protection Act of British Columbia.
In order to offer services to our clients, Mitchell needs to collect, use, and store, certain information. Personally Identifiable information (PII) is information about an identifiable individual and does not include information about corporations, partnerships, or other non-individuals. Personal information includes such information as your name, your e-mail address, your mailing address, and your telephone number. Only information necessary for business purposes will be collected. We may also need to disclose this information to other third parties who help us in providing these services, such as our suppliers and credit services. Access to information is restricted to those who need the information to respond to a request. We do not sell or give our client lists to other companies for any other purpose. We may use this information to respond to the individual’s requests or inquiries.
Mitchell may also receive non–personally identifiable information from visitors to our website. Non-personally identifiable information may include pages viewed, browser information, and other technical information. We may use this data to improve visitors’ experience to the website, to identify or remediate possible threats to the website’s security, and for other operational and management purposes.
By supplying us with this information, we will assume you are consenting to the collection, use and disclosure of your personal information unless we hear from you otherwise.
Mitchell Press Limited
8328 Riverbend Ct.
Burnaby, BC, V3N 5C9