Label and Tag Conditions of Sale

QUOTATION: Quotations not accepted by the customer within thirty (30) days of the date of quotation is subject to a price review by International Bar Coding Systems & Consulting Inc. (IBC).
ORDERS: All orders accepted by IBC and their representatives cannot be cancelled by the customer except upon term that will compensate International Bar Coding against loss.
PRODUCTION SCHEDULES: Production schedules will be established and adhered to jointly by the customer and IBC, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government of civil authority and acts of God or other causes beyond the control of the customer or IBC.
ALTERATIONS: Any variation to the original order introduced by the customer is an alteration. Alterations will be charged to the customer at current IBC rates.
OWNERSHIP OF MATERIALS: Except as herein provided, the customer owns all materials provided to IBC, the customer owns all final material produced only after the customer’s account has been paid in full, even if these materials are stored by IBC. IBC retains the ownership of all materials necessary to convert the customer’s materials into a
format suitable for printing.
INSURANCE: IBC will maintain fire, vandalism, malicious mischief insurance on all property belonging to the customer, while such property is in IBC’s possession. IBC liability for lost or damaged customer’s property is limited to the replacement value of the raw materials involved.
CUSTOMER-FURNISHED MATERIALS: All customer-furnished materials must be manufactured, packed and delivered according to IBC’s specifications. The customer will compensate IBC for any production delays occasioned by deficiencies in customer-furnished materials and/or specifications at current IBC rates.
CLIENT SPECIFICATIONS: The customer is responsible for the accuracy of the data supplied to IBC. It is the customer’s obligation to provided IBC with all requirements before the job enters production. The customer agrees to pay, at current IBC rates, for additional labour and material costs resulting from any incomplete or incorrect information provided to IBC.
COPYRIGHT AND TRADEMARK: The customer is responsible for ensuring that all materials supplied to IBC for reproduction do not violate copyright or trademark
restrictions. IBC assumes no liability whatsoever for the customers use or misuse of copyrighted or trademarked materials.
EXPERIMENTAL/PREPARATORY WORK: IBC will charge the customer, at current IBC rates, for the labour and material cost of any experimental/preparatory work preformed at the customer’s request. The customer owns all experimental/preparatory material produced only after the customer’s account has been paid in full.
FONTS: The customer may provided any screen or printer fonts IBC does not own, for use only on the customer’s job, providing that installation of the font does not violate laws regulating illegal copying of software. IBC will not retain the fonts provided by the customer. The fonts must resupplied each time they are required for imaging. IBC may use supplied printer fonts only on the customer’s current job.
COLOUR PROOFS: Because of the differences in equipment, paper, inks and other factors involved in colour proofing and production pressroom operations, IBC is not responsible for minor colour variations between colour proofs and completed job.
PROOFING: Press proofs will be supplied only to those customers who request one in their specifications, and will be charged to the customer at current rates. The customer has the obligation to:
a) clearly indicate all corrections on the “master proof;”
b) check off the relevant instruction on the proofing labels;
c) sign and date the proofing label;
d) return the master proof to IBC
e) if necessary, immediately request revised proofs.
Nothing will be printed unless the customer marks the proofing label either “O.K.” or O.K. with corrections.” IBC is not responsible for any printing errors or losses if:
a) the customer fails to orders a press proof;
b) the customer refuses to accept a proof;
c) the customer fails to return a proof with changes;
d) the customer communicates changes verbally; or
e) the work is printed per customer’s “O.K.” or “O.K. with corrections.”
OVER RUNS OR UNDER RUNS: Unless otherwise specified in writing by the customer, acceptable quantity of the printed goods is 10% over or under ordered quantity. IBC will bill the customer for the actual quantity delivered.
DELIVERY: Unless otherwise specified, the price quoted is F.O.B. IBC’s shipping platform. Price quotation are based on continuous and uninterrupted delivery of the complete order, unless specifications distinctly state otherwise. All deliveries and courier charges are to be paid by the customer.
TERMS: The customer’s account must be paid in full upon delivery (as defined above) of the printed goods unless the customer’s application for credit has been previously approved in writing by IBC. Claims for defects, damages or shortages must be made by the customer in writing within a period of thirty (30) days after delivery. Failure to make such a claim within the stated period shall constitute irrevocable acceptance by the customer of the printed goods. IBC liability shall be limited to the invoiced selling price, paid by the customer to IBC, of any defective goods, and shall in o event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become deunder terms of any Agreement, IBC shall have the right to retain possession including customer-furnished materials (as defined above in “Customer -Furnished Materials”), work-in-process and finished work. Further, the customer releases IBC from any and all suits and causes of action which may arise from such retention of customer’s property. The extension of credit or the acceptance of notes, trade acceptances or guarantees of payment shall not affect IBC security interest or lien on he customer’s property. Orders are considered filled on the basis of 10% plus or minus. All invoice are payable within 30 days of receipt of goods, interest will be charged at a rate of 2% per month (24% per annum) on all past due balances, in addition to all interest etc. until paid in full. Outstanding accounts over 45 days, terms automatically become C.O.D.
INDEMNIFICATION: The customer shall indemnify and hold harmless IBC 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 institute against IBC on grounds alleging that the said printing directly or indirectly 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 IBC
has contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue to the defense of any such claim, demand, action or proceeding that may be brought against IBC.