Trade Customs


  1. ORDERS — Orders regularly entered cannot be cancelled except upon terms that will compensate Progress Publications against loss.

  2. EXPERIMENTAL WORK — Experimental work performed at customer’s request, such as sketches, drawings, composition, plates, presswork, and materials will be charged for at current rates and may not be used without consent of Progress Publications.

  3. PREPARATORY WORK — Sketches, copy, dummies, and all preparatory work created or furnished by Progress Publications shall remain its exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by Progress Publications.

  4. PREPARATORY MATERIALS — Artwork, type, plates, and other items when supplied by Progress Publications shall remain its exclusive property unless otherwise agreed in writing.

  5. ALTERATIONS — 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.

  6. PROOFS — Proofs shall be sent if requested. You must call us by the date listed on your proof cover sheet. Production will not begin until you have responded to your proof, either verbally or written, and you must respond even if you have no corrections or changes. Progress Publications takes no responsibility for errors which appear on your proof but are not communicated to us. Additionally, we cannot take responsibility for errors, other than typographic, if you do not request a proof. Proofs for the stock designs shown in this catalog will be of your imprint only and may not be to size. If you require a proof showing the complete design to size, additional costs will apply. Proofs are not available on exact repeats.

  7. OVERRUNS AND UNDERRUNS — Overruns or underruns not to exceed 10% on quantities ordered up to 50,000 copies and/or the percentage agreed upon over or under quantities ordered above 50,000 copies shall constitute acceptable delivery. Progress Publications will bill for actual quantity delivered within this tolerance. If customer requires guaranteed “no less than” delivery, percentage tolerance of overage must be doubled.

  8. DELIVERY — Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Progress Publications platform. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to Progress Publications or from customer’s supplier to Progress Publications are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer’s request. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages, or items shown only. The accuracy or quantities indicated on such tickets cannot be verified and Progress Publications cannot accept liability for shortage based on supplier’s 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.

  9. SPLIT SHIP POLICY — Any customer ordering a minimum of 5,000 folders may, at his option, request to have a portion of his folders stored by Progress Publications. The following conditions will apply:

    1. The total order will be printed at one time and placed in storage; therefore, no changes in copy or quantity may be made after printing.
    2. No fewer than 1,000 folders per shipment per address will be shipped at one time.
    3. Folders may remain in storage no longer than one (1) year.
    4. Folders will be billed at price prevailing at time of shipment.
    5. Customers with folders in storage will be notified in writing two weeks prior to any price increase, so they may withdraw their folders if they desire.
    6. Split shipment orders will be accepted solely at the discretion of Progress Publications and must be verified by an officer of Progress Publications.

  10. TERMS — Printing may be paid for by cash, check, VISA, Mastercard, Discover, or American Express. Invoices are faxed promptly after shipping. Returned checks will incur an additional $25 charge. FIRST TIME customers must send PAYMENT IN FULL with their first order. To apply for an open account you must have your credit approved by completing OUR CREDIT APPLICATION. If an open account is established, payment in full must be received in 30 days from the date of the invoice. Finance charges are 1.5% per month on the TOTAL unpaid balance. We reserve the right to demand payment in full on any job before starting production. We reserve the right to refuse any job. There will be an extra charge for rush orders. Artwork cannot be returned to customers who owe a past due amount. Claims for defects, damages, or shortages must be made by the customer in writing within a period of thirty days after delivery. 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. Progress Publications’ liability shall be limited to stated selling price of 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, Progress Publications shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in Progress Publications’ possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances, or guarantee of payment shall not affect such security interest and lien. Thank you for your cooperation.

  11. INDEMNIFICATION — The customer shall indemnify and hold harmless Progress Publications from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Progress Publications on grounds alleging that the said printing violates any copyright or any proprietary right of any person or that it contains any matter that is libelous or scandalous or invades any person’s right to privacy or other personal rights, except to the extent that Progress Publications has contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against Progress Publications provided that Progress Publications shall promptly notify the customer with respect thereto, and provided further that Progress Publications shall promptly notify the customer of the urgency of the situation which may permit the customer to undertake and continue the defense thereof.

  12. RIGHT TO PROMOTION — We reserve the right to use, in our advertising, any items we produce, unless you specify otherwise, in writing, at the time you place your order.

  13. Progress Publications shall not be liable for damages, either proximate or remote, arising in any way from its failure to make or delay in making delivery because of its inability to obtain paper in the amounts and grades specified herein. Within a reasonable time after receiving knowledge of any condition referred to above, Progress Publications shall give notice to the customer of such condition. Upon agreement of both Progress Publications and the customer in writing, changes may be made in delivery scheduled, specifications as to quantities, or any other matters affected by the conditions referred to above. Price prevailing at time of shipment.

End the Document