Friesens Corporation: Summary of Key Terms and Conditions
Please download a full copy of our Terms and Conditions.
- Production Schedules
Books are custom manufactured on every order. Subsequently, Friesens can not guarantee delivery dates or production schedules. If agreed-to production schedules are not achieved, there will be no liability or penalty for delays. Furthermore, Friesens cannot maintain final delivery schedules if client’s files, approved proofs or shipping instructions are delayed, for any reason, in arriving at Friesens.
- Over-runs and Under-runs
Friesens follows industry standards and bills for the actual quantity produced, which can vary up to 10% of the confirmed quantity (plus or minus).
- Colour Proofing
A colour proof is used to simulate how the printed piece will look. Because of differences in equipment, paper, inks, and other conditions between colour proofing and production pressroom operations, variation in colour between proofs and completed jobs will occur. Subsequently, Friesens can not provide discounts or reprints for some colour variation. Should a significant dispute arise regarding the match of the printed product to the proof, Friesens will forward samples to the GATF for independent and expert opinion.
Unless otherwise specified, the price quoted is for a single shipment, without storage, FOB Friesens loading dock (as defined by Incoterms 2010). If additional shipments are required, Friesens will charge accordingly at current rates. Charges for delivery of materials and supplies from the client to Friesens, or from the client’s representative to Friesens are not included in quotations unless specified. Friesens does not insure products in transit. Shipping insurance is the responsibility of the client, regardless of FOB destination.
- Disclaimer of Implied Warranties
Friesens warrants only that the work will conform to the description contained in the client’s purchase order. Friesens maximum liability whether by negligence, contract, or otherwise, will not exceed the amount specified in the contract. Under no circumstances will Friesens be liable for specific, individual, or consequential damages, including lost profits.
Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, Friesens and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that Friesens’ performance has fully satisfied all terms, conditions, and specifications. The laws of Manitoba will govern all agreements and claims.
- Quality of Printing and Binding
Friesens strives for unsurpassed quality in everything we make. Inherent in the printing and binding process is the mechanical nature of manufacturing. A mechanical process utilizing paper that contracts and expands with changes in humidity, thickness and temperature guarantees that books will at times have minor flaws such as hickeys, dents, bends, frayed edges, roller marks, scratches, white spots, ink spots, bubbles, broken type, marking, ghosting of images, variation in foil stamping and embossing, colour variation, etc. In almost all cases, these minor flaws do not affect the readability (or enjoyment) of the book by the end consumer. Friesens will not provide invoice credits and reprints when minor imperfections appear as a result of the high speed mechanical nature of printing and binding.
Errors that may result in invoice credits or rework would include missing pages, missing images, pages in the incorrect order, upside down pages, etc.
- Waviness of Text Blocks / Cover Warp / Cover Curl
Paper books are affected by changes in humidity and temperature. Friesens’ printing plants are humidity and temperature controlled to minimize waviness and cover warp/curl.
When books leave any controlled environment they will react to different humidity and temperature levels (higher or lower). Humidity and or temperature changes will cause paper to absorb moisture or lose moisture and at times result in waviness in the book block, hardcover warp, or softcover curl.
Friesens can not control this environmental phenomenon and subsequently can not warrant that its books will not at times exhibit waviness in the book block, hardcover warp, or softcover curl.
Specifically, Friesens will not compensate customers or provide a reprint when books exhibit waviness in the book block, hardcover warp, or softcover curl.
- Alterations or Corrections
Client alterations include all work performed in addition to the specifications outlined in the quotation. Friesens will charge for alterations and corrections at current rates.
- Accuracy of Quotations and Validity
Quotations are based on the specifications provided by the client. Friesens can re-quote a job at the time of submission if the specifications or input materials do not conform to the information on which the original quotation was based. Quotations are valid for 30 days.
- Order Acceptance
Acceptance of an order shall not be effective until acceptance by Friesens. Acceptance by Friesens may be either by notification to client or by commencing to produce work on the job. Cancelled orders require compensation for incurred cost and related obligations.
- Content Proofs
Friesens will submit content proofs for the client’s review and approval. Corrections will be returned to Friesens, together with a completed Proof Corrections sheet indicating that the job is “OK as is”, “OK with changes”, or “Requires proof of changes”. Until the proof is returned, no additional work will be performed. Friesens will not be responsible for undetected production errors if proofs are not requested by the client, OR the work is printed per the client’s OK, OR requests for changes are communicated orally.
- Electronic Manuscript or Image
It is the client’s responsibility to maintain a copy of the original digital file. Friesens is not responsible for accidental damage to media supplied by the client or for the accuracy of the files. Until files are evaluated by Friesens, no claims or promises are made about our ability to work with files submitted.
The client agrees to protect Friesens from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold Friesens harmless and save, indemnify, and otherwise defend Friesens against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
The client warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify and hold Friesens harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
As security for payment of any sum due or to become due under terms of any agreement, the printer shall have the right, if necessary, to retain possession of, and shall have a lien on, all customer property in the printer’s possession including work in-process and finished work, and the printer shall have the right to sell the finished goods to a third party. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.
Generally books that are to be resold are exempt from provincial or state tax. For any product on which taxes apply, it is the responsibility of the client to pay such taxes. Canadian clients will be charged GST which they can claim as an input tax credit. Clients not located in Canada will be charged GST for goods and services provided and delivered within Canada. Clients located in the United States are required to provide Friesens with their IRS Number or Social Security Number.
- Governing Law
Any acceptance will be conclusively deemed to have been made in the province of Manitoba. Any agreement resulting from acceptance by Friesens shall be governed by and construed in accordance with the laws of the province of Manitoba and its courts shall have exclusive jurisdiction over any legal proceedings pertaining to the agreement.