Terms & Conditions of Sale

• ORDERS regularly entered, with a bonafide purchase order, cannot be cancelled except upon the terms that will compensate the manufacturers against loss. All work done to the date of cancellation is billable to the customer with a normal profit. The work done to the date, and/or materials, if billed to the customer and paid by the customer, remain the customer's property and the manufacturer has the right to immediately ship all material to any point designated F.O.B. his door. If the material is the property of the manufacturer and at the selection of the manufacturer, he may use said materials on other production and advise the customer of his decision.
• CREDIT POLICY: Sterling Business Forms, Inc. reserves the right to hold orders if your account goes beyond our credit limit. The purchaser agrees to pay a $40 charge to Sterling Business Forms, Inc. for each n.s.f. check.
• LAYOUTS AND DUMMIES: All layouts and dummies that are created by the manufacturer remain the property of the manufacturer and may not be used by the customer. Conversely, all layouts or dummies supplied by the customer to the manufacturer remain the property of the customer and may not be retained as the property of the manufacturer without the written consent of the customer.
• ARTWORK, NEGATIVES, PLATES & TEMPLATES: All of these items are the property of the person who supplies them. If the manufacturer supplies them, they remain his property and cannot be transferred to the customer without full payment, plus profit, for the work involved. Conversely, if they are supplied by the customer, they remain his property, but they now become his liability. The forms manufacturer is no longer required to do any more than faithfully reproduce his product from the materials supplied to him. His liability goes no further.
• ALTERATIONS: On each proof, alterations must be clearly spelled out and signed by the customer and by the sales representative of the manufacturer, indicating item by item, whether it is a customer's alteration and must be charged for, with a proper profit to the manufacturer, or whether it is a manufacturer‘s alteration or error and is in no way chargeable to the customer.
• PLATES AND NEGATIVES: Refer to 4; ownership depends entirely upon who has supplied them, if the manufacturer supplied them, they remain his property; if the customer supplied them, they remain his property. However, the manufacturer will not be required to store these items beyond the time of delivery of the product, unless he so chooses. If the storage is agreed upon, the agreement must clearly spell out whether the manufacturer remains liable for the item, in the event of loss or damage.
• PROOFS: At least one proof of each plate and each part is submitted along with the original customer copy. The proof, and the original copy, are to be returned to the manufacturer as his manufacturing guides. If additional proofs are required, they are charged for.
• POSITIVE OVERLAYS AND TEMPLATES: Where a positive overlay, that is color separated, is required and/or a template is required, the manufacturer will establish with the customer whether, at an additional cost, either the color separated positive and/or template is to be returned for manufacturing and remain the property of the manufacturer.
• STATEMENT OF PROOF STABILITY AND SIZE: It is the responsibility of the manufacturer to state clearly whether or not his proof is completely representative of the exact spacing, color, etc. of the final job.
• DEVIATION OF QUANTITY: All orders are subject to plus or minus 10% of the original quantity. This is necessary so as to conserve vital materials and avoid waste. Any deviation from this practice will be clearly spelled out by the customer and accepted by the manufacturer. If at the completion of the job, the plus or minus 10% has been exceeded, the manufacturer will have the right to go to the customer and request that the overrun or underrun be accepted. It will be the final decision of the customer whether such an overrun or underrun is accepted. In the case of an overrun that is not acceptable, the customer, at the option of the manufacturer, must return or destroy the overrun. In orders involving special materials which are often shipped short, the manufacturer will not be liable to make up deviations below 10%.
• NUMBERING: Clearly spelled out on the quotation request, by the customer and confirmed by the manufacturer on his bid, will be the statement of the type, location and style of numbering. It is understood that there is no responsibility for the make-up of missing numbers, unless clearly stated in the quotation, accepted by the customer and placed in the manufacturer‘ bid and clearly stated in the purchase order. Crash numbers are recommended to the customer wherever possible to minimize missing numbers except for MICR and OCRA.
• DELIVERY: Unless otherwise specified, the price quoted is for a single shipment, without storage, and is F.O.B. the manufacturer‘s loading dock. All proposals, based upon a series of shipments at one time, or a series of shipments throughout a given period of time, requiring or not requiring storage, shall be specifically stated in the quotation request confirmed in the bid and stipulated in the purchase order. In the event that storage takes place, under no circumstances will storage be required for more than six months. Liability for damage to forms in storage will be assumed by an insurance policy covering the items stored. At the end of the six month period, as a portion of the terms and conditions on the back of the manufacturer‘s quotation forms will be the statement that all forms are to be shipped and, if not paid for, to be paid for at that time. If storage is to continue from that time forward, as the property of the customer, it will be done on the basis of a cost plus profit to the manufacturer of yielding a monthly storage charge. Taxes incurred as a result of storage will be paid by the manufacturer but will be a part of the cost of the forms to the customer.
• DELAYS IN DELIVERY: All items produced by the manufacturer are made contingent upon his inability to deliver due to shortages of material, carrier delays, wars, strikes, fires, floods, accidents, Government Decree (foreign or domestic), or other contingencies beyond the manufacturer‘s control, such as acts of God. The manufacturer‘s liability is limited to cost or replacement of the product and normal freight charges only.
• REPAIRS AND CHANGES: This is recognized as a gray area unless the product is not exactly as specified in the order and copy submitted and/or does not run as required on the machines that were clearly specified on the purchase order. All changes must be covered in writing.
• STATEMENT OF POLICY:
  1. DEFECTIVE MERCHANDISE shall be returned to the manufacturing plant upon our request. Normal freight charges will be paid by Sterling Business Forms, Inc.
  2. COPY OR CONSTRUCTION CHANGES will not be allowed on reruns.
  3. PERFORMANCE OF THE PRODUCT AND LIMITATION OF LIABILITY: Sterling Business Forms, Inc. is not responsible for the running qualities of forms such as continuous forms used on a computer printer, scanner, burster, collator, etc., unless the following conditions have been met:
     • the machine in which the form is used and any special requirements of such machine have been clearly identified in the quotation request, the bid, and the purchase order;
     • the machine in which the form is used is in top condition and not in need of any repair that would make the product malfunction;
     • the customer, in the event of a dispute, will have the machine company's service technician (Customer Engineer) demonstrate to the sole satisfaction of Sterling Business Forms, Inc. that the machine in which the form is used is in proper running order.
       In no event shall Sterling Business Forms, Inc. be held liable for any costs for customer down time, programming time, processing time, or other incidental or consequential damages including lost profits. The liability of Sterling Business Forms, Inc. is limited to cost of the product supplied by Sterling Business Forms, Inc. for replacement of the product and normal freight charges.
  4. DISCLAIMER OF WARRANTIES: Sterling Business Forms, Inc. has made no warranty that the goods covered by this contract are merchantable or fit for any particular purpose, and there are no warranties, expressed or implied, which extend beyond the description of the goods contained in this contract.
• PAPER STOCK FURNISHED BY THE CUSTOMER: If the customer desires to furnish paper stock or any other material, it must be, first of all, completely satisfactory to the manufacturer and he must be fully aware of this at the time of bid. The manufacturer must be informed of the manufacture of the material, the method of delivery, and the dates of delivery. Material supplied must be of a quality that the manufacturer considers completely acceptable. In addition to this, any costs due to delays because of production problems on press, collator, or bindery, etc., attributable to materials supplied will be chargeable on a cost plus basis to the customer with the addition of profit in that particular area. The manufacturer will not be responsible for waste incurred in the use of stock furnished by the customer.
• SPLICES AND BREAKS: The manufacturer is not responsible for any splicing or for manufacturing forms with less than one break in every three cartons, unless clearly spelled out on the bid, on the quotation, and on the final purchase order from the customer. Splicing of all parts and carbons must be acceptable to the manufacturer.
• THE RIGHT TO REJECT AN ORDER: The manufacturer reserves the right to reject an order that is not acceptable to him and/or if material as quoted is not available at the estimated price and delivery time, when the order is placed. The order must be a duplicate of the quotation and must be entered within a period of 10 days of the date of quotation.
• SPECIALIZED INK COLORS, SUCH AS "OCR INKS": All OCR read and drop-out colors, along with the paper that is supplied by the manufacturer, will be tested by the manufacturer and guaranteed to be acceptable on the stated scanner(s).
• PERFORMANCE OF THE PRODUCT: The customer shall not expect or hold responsible the manufacturer for the running qualities of forms such as continuous forms, on a high-speed printer, scanner, decollator, etc., unless the following factors have been met:
  1. The machine that is using the form has been clearly spelled out in the quotation request, the bid, and the purchase order.
     
  2. The machine that the form is running on is in top condition and not in need of repair that would make the product malfunction.
     
  3. The customer, in the event of a dispute, will have the CE (Customer Engineer) present for the various companies that are involved and to the satisfaction of the manufacturer will demonstrate that the equipment being used is in proper running order and "A-1" condition.
     The exclusive remedy offered by Sterling Business Forms, Inc. is to faithfully reproduce the product from the materials supplied by the customer. Sterling Business Forms, Inc. shall not be held liable for any costs for customer downtime, programming time, processing time, or other consequential damages, including profits (or profits lost).