DOLPHIN GRAPHICS PAYMENT PLANS

DOLPHIN GRAPHICS accepts cash, checks, mastercard and visa as payment for both credit and non-credit sales. Non credit sales may require a down payment of fifty to one hundred percent (50 - 100%), depending upon the service and/or method of service.

Credit sales
Credit applications (PDF) may be mailed, faxed or emailed and take an average of 2 weeks to process. Approved clients may be invoiced on a per job basis or on a monthly basis, depending upom the frequency and/or service provided. Payments received by the 10th day after the invoice date will receive a 2% discount. A per diam service charge is applied for invoices not paid by the 30th day after the invoice date at the rate of 2% per month.

TRADE CUSTOMS OF THE GRAPHIC ARTS
Trade Customs have been in general use in the Graphic Arts industry throughout the United States and Canada for more than 70 years.

1. ESTIMATE/QUOTATION An estimate is an evaluation based upon any verbal or written job description. A quotation is an evaluation based upon receipt of original copy or electronic files, which if not accepted within sixty (60) days is subject to review. All prices are based on material costs at the time of evaluation.

2. ORDERS Orders regularly placed, verbal or written, cannot be cancelled except upon terms that will compensate Dolphin Graphics (hereinafter “DG”) against loss incurred in reliance of the order.

3. EXPERIMENTAL WORK Experimental or preliminary work performed at the customers request will be charged at current rates and may not be used until DG has been reimbursed in full for the amount of the charges billed.

4. CREATIVE WORK Creative work, such, as electronic or hardcopy sketches, copy dummies, and all preparatory work developed and furnished by DG, even though not expressly identified and included in the selling price, shall remain DG’s exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by DG,

5. CONDITION OF COPY OR ELECTRONIC FILES Upon receipt of original copy, manuscript or files, should it be evident that the condition of the originals differ from that which had been originally described or submitted and consequently estimated or quoted, the original evaluation shall be rendered void and a new quotation issued.

6. PREPARATORY MATERIALS Working mechanical art, electronic files, negatives, positives, flat’s, plates and other items when supplied by DG, shall be billed to the customer and remain the customer’s property even while in DG’s possession, unless otherwise agreed in writing and not included in the price. However, DG shall not be held responsible for secure storage of these materials.

7. ALTERATION Alterations represent work performed in addition to the original specification. Such additional work shall be charged at current rates and be supported with documentation upon request.

8. PREPRESS PROOFS PREPRESS proofs shall be submitted by DG with original copy. Corrections are to be made by customer on the “master set,” and returned marked “OK” or “OK with corrections” and signed by customer. If revised proofs are desired, request must be made when proofs are returned. DG cannot be held responsible for errors under either or both of the following conditions: If the customer has failed to return proofs with indication of changes, or if the customer has instructed DG to proceed without submission of proof.

9. PRESS PROOFS Unless specifically provided in DG’s quotation, press proofs will be charged at current rates. No inspection charge will be levied, provided customer is available at the press during the time of makeready. Lost press time due to customer delay, or customer changes and corrections, will be charged at current rates.

10. COLOR PROOFING Because of difference in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.

11. OVERRUNS AND UNDER-RUNS In general, overruns or under-runs not to exceed 10% on quantities ordered, or the percentage agreed upon shall constitute acceptable delivery. DG may bill for actual quantity delivered within this tolerance. If customer requires guaranteed exact quantities, additional charges may be specified.

12. CUSTOMER’S PROPERTY DG will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in DG’s possession, DG liability for such property shall not exceed the amount recoverable from such insurance.

13. DELIVERY Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. DG premises. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to DG, or from customer’s supplier to DG, are not included in any quotations unless specified. Special priority pickup or delivery service may be provided for local customers or otherwise at current rates upon customers request. Materials delivered from customer or his suppliers are verified with delivery ticked as to cartons, packages, or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and DG cannot accept liability for shortage based on suppliers tickets. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.

14. PRODUCTION SCHEDULES Production schedules will be established and adhered to by customer and DG, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor, trouble, strikes , accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of Nature or other causes beyond the control of customer or DG. Where production schedules are not adhered to by the customer, final delivery date(s) will be subject to renegotiation.

15. CUSTOMER-FURNISHED MATERIALS Paper stock, inks, camera copy, film, color separations, portable electronic storage and other customer-furnished material shall be manufactured, downloaded, packed and delivered to DG specifications. Additional cost due to delays or impaired production caused by specification delinquencies shall be charged to the customer.

16. TERMS Payment shall be whatever was set forth in quotation or invoice unless otherwise provided in writing. Claims for defects, damages, or shortages must be made by the customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance, and an admission that they fully comply with terms, conditions, and specifications.

17. LIABILITY DG liability shall be limited to stated selling price or any defective goods and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any agreement , DG shall have the right if necessary to retain possession of, and shall have a lien on, all customer property in DG’s possession including work in progress and finished work. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.

18. INDEMNIFICATION The customer shall indemnify and hold harmless DG from any and all loss, cost, expense and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against DG on grounds alleging that the said product violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any persons right to privacy or other personal rights, except to the extent that DG contributed to the matter. The customer agrees at the customers own expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against DG, provided that the DG shall promptly notify the customer with respect thereto, and provided further that DG shall give the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.

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