U.S. Press Direct® - Terms and Conditions

Order Terms

Terms And Conditions Of Sale

1. Quotations - Prices obtained from U.S. Press Direct and published prices are subject to change from time to time without notice. Until an order is placed at checkout, prices quoted online or via our catalog may change to reflect the current U.S. Press Direct prices. Written quotations will be honored for 30 days after the date of the quotation. Customer orders will be compared to published specifications to verify pricing prior to order acceptance.

2. Order Cancellation - No order may be cancelled after acceptance at checkout except upon terms that will compensate U.S. Press Direct for work completed at our regular hourly rates. Any cancelled order is subject to a minimum order cancellation fee of $50. The customer should contact a U.S. Press Direct representative in advance of any order cancellation.

3. Returns for Credit - Because each order produced is a custom job, no order may be returned for credit under any circumstance.

4. Satisfaction Guaranty - U.S. Press Direct at its sole option will repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof or where we have failed to follow your written instructions. U.S. Press Direct at its sole option may elect to provide, in lieu of repair or reprinting of an order, a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 10% of the ordered amount. Claims for defects, damages or shortages must be made by the customer in writing within ten (10) days after delivery. The customer must receive a written authorization to return a defective order or portion in advance of return and no such return will be accepted by U.S. Press Direct without a prior written authorization of return. Defective orders must be returned within thirty (30) days after delivery. U.S. Press Direct's liability for defective orders is limited to the price of the order (exclusive of any postage fees).

5. Production Schedules and Turnaround Times - Delivery schedules, turnaround times and other similar terms used by U.S. Press Direct and its employees merely reflect the average completion times of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays or equipment breakdowns. U.S. Press Direct will not be bound by any such schedules or estimates unless otherwise agreed in writing for an additional cost under our express print program. If express print or express shipping is selected, U.S. Press Direct's sole liability in the event of late delivery or the failure of U.S. Press Direct to comply with the express turnaround time will be limited to the fee paid by customer for such express print or express shipping.

6. Ownership of Preparatory Materials - Artwork, type, film, digital files and plates produced by U.S. Press Direct in the ordinary course of production remain the exclusive property of U.S. Press Direct unless otherwise agreed to in writing. As security for payment of any sum due, U.S. Press Direct shall have the right to retain possession of, and a security interest in, all customer property in our possession, including work in process and finished work.

7. Customer Disks & Supplied Digital Information - All prices and quotations provided by U.S. Press Direct assume the customer provides properly prepared files following U.S. Press Direct written guidelines. The customer accepts all responsibility for supplied files that fail to output properly, contain errors or provide an unacceptable result. U.S. Press Direct will make every effort to discover problems in the disk preflight stage, but accepts no responsibility for errors not detected. Digital image files supplied by the customer are the exclusive responsibility of the customer and U.S. Press Direct accepts no responsibility for the color accuracy or quality of these files.

8. Customer Changes - Any changes requested by the customer after acceptance of an order (other than changes communicated in connection with the review of proofs as described in Paragraph 9 below) will represent work performed in addition to the original order and will be separately billed at our current rates. The customer must approve the cost of these changes in writing prior to the beginning of work necessary to perform the changes. Customer changes will delay the completion and delivery of your order and may result in additional charges to compensate U.S. Press Direct for the cost of work performed prior to receipt of the change order.

9. Proofs - A proof will be submitted to the customer prior to printing each job. Corrections to be made must be marked on both the proof and the supplied proof sheet. The proof sheet must be signed and noted “OK as is” or “OK with changes and submit a new proof.” The proof sheet and all original proofs must be returned to U.S. Press Direct. If an electronic PDF proof is sent, customer must select either “Proof Accepted” or “Proof Rejected” before production of the order proceeds. Delay in approving your proof will delay completion of your job. U.S. Press Direct assumes no liability for errors contained in the job, proofs are waived, errors contained in the proofs are not noted or if changes are communicated verbally.

10. Color Matching - Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Postcards and similar card products are produced in a gang run format and limitations of this format may result in a larger color variance than normal. U.S. Press Direct will make every effort to produce a reasonable representation based on materials supplied by the customer; however, U.S. Press Direct does not guarantee color matching.

11. Trim Margin - The customer understands that if there is less than 1/8 of an inch margin from the edge of the document to the outside edge of the page elements, U.S Press Direct is not held liable for elements that may be lost during trimming. The customer is responsible for reviewing the proofs to ensure that page elements are not within such trim margin.

12. Overruns and Underruns - Overruns or underruns not to exceed 10% of quantity ordered shall constitute an acceptable delivery. The customer will not be charged for any overruns. In the event of an underrun not in excess of 10% of the quantity ordered, U.S. Press Direct will credit customer a prorated amount of the order price for the amount shorted but will not reprint the amount underrun.

13. Shipping - Unless otherwise stated, the price quoted is for a single shipment without storage. U.S. Press Direct will deliver finished work to the designated commercial carrier, at which time title to the finished work will pass to customer. Customer will be responsible for paying the shipping costs. Normal shipping on orders 200 lbs. and less ship via ground freight. Orders 200 lbs. and more are subject to ship via truck line.

14. Customer Property - U.S. U.S. Press Direct will maintain fire, sprinkler leakage, theft and vandalism coverage on all property belonging to the customer, while such property is in our possession. U.S. Press Direct’s sole liability for such property shall not exceed the amount recoverable from such insurance.

15. Customer Furnished Materials - Camera ready copy, artwork, photos, color separations, digital files and other information or materials furnished by the customer shall be manufactured, packed and delivered to U.S. Press Direct specifications. Delays or additional expenses incurred as a result of customer materials that are not in conformity with specifications shall be the responsibility of the customer.

16. Inspection of Jobs, Ownership of Intellectual Property and Indemnity - U.S. Press Direct reserves the right to inspect all jobs before acceptance and reserves the right to reject any job which we deem to be illegal, immoral or offensive; however, U.S. Press Direct does not, and is not obligated to, inspect all jobs and will not be liable for any job printed that is illegal, immoral or offensive. The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and represents to U.S. Press Direct that (a) the printing and distribution of such materials will not violate any copyright or other proprietary right of any person, (b) does not contain any matter that is libelous or scandalous or invades any person's right to privacy or other personal right. Customer agrees to indemnify and hold U.S. Press Direct harmless from any and all loss, cost, expense (including reasonable attorneys' fees and expenses) and damages incurred by U.S. Press Direct on account of any and all manner of claims, demands, actions and proceeding that may be instituted against U.S. Press Direct on grounds that 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 persons right to privacy or other personal right. 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 U.S. Press Direct provided that U.S. Press Direct shall promptly notify the customer with respect thereto.

17. Payment by Credit Card - Cardholders paying by credit card agree to be bound by all standard U.S. Press Direct terms and conditions. Customer expressly agrees to pay all costs incurred if your order is canceled at any point in the production process and understand that no order may be returned for credit. Credit card orders will be charged in full at order entry.

18. Disclaimer of Warranties; Limitation of Liability - EXCEPT FOR THE SATISFACTION GUARANTY SET FORTH IN PARAGRAPH 4 OF THESE TERMS AND CONDITIONS, U.S. PRESS DIRECT IS SELLING THE PRODUCTS TO CUSTOM "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OR MATERIALS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL U.S. PRESS DIRECT OR ITS AFFILIATES BE LIABLE UNDER TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER U.S. PRESS DIRECT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), EACH OF WHICH IS HEREBY EXCLUDED AND DISCLAIMED IN ALL RESPECTS. U.S. PRESS DIRECT'S AGGREGATE LIABILITY TO CUSTOMER IN CONNECTION WITH ANY ORDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CUSTOMER TO U.S. PRESS DIRECT FOR SUCH ORDER.

19. Governing Law; Disputes - By visiting U.S. Press Direct, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and U.S. Press Direct or its affiliates.
Any dispute relating in any way to your visit to U.S. Press Direct or to products you purchase through U.S. Press Direct shall be submitted to confidential arbitration in Valdosta, Georgia, except that, to the extent you have in any manner violated or threatened to violate U.S. Press Direct's intellectual property rights, U.S. Press Direct may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Mail Authorization Guidelines

In order for U.S. Press Direct to mail your printed materials, you must acknowledge that you have read the Automated Mail Guidelines and you will comply with the following additional requirements:

Your database mailing form and mailing disks must arrive at U.S. Press Direct no later than five days before your job is scheduled to ship (additional charges may apply for merging lists and multiple mailings).
The print quantity you order must be at least 10% higher than the quantity of addresses used on your mailing list.
U.S. Press Direct will use your mailing list to determine your actual postage cost and will notify you of the postage cost once all the factors have been determined.
Prior to mailing your order, you must send a cashier’s check, certified check, or money order in the amount of the postage cost and made payable to the POSTMASTER, VALDOSTA, GEORGIA.
U.S. Press Direct will print one of the following Valdosta, Georgia indicia on your mailing order.

I understand and acknowledge that I have read the U.S. Press Direct Automated Mail Guidelines and the additional requirements contained in this Mail Automation Form. I further acknowledge that I can and will meet such U.S. Press Direct mailing requirements.

U.S. Press Direct® is a division of Beacon Printing and Graphics, Inc. All references to U.S. Press Direct® include Beacon Printing and Graphics, Inc.