-
Quotations/Estimates ~ A quotation not
accepted within 30 days may be changed.
-
Orders ~ Acceptance of orders is subject to
credit approval and contingencies such as fire, water, strikes, theft,
vandalism, act of God, and other causes beyond eBook Adaptations' control. Canceled
orders require compensation for incurred costs and related obligations.
-
Experimental Work ~ Experimental or
preliminary work performed at the customer's request will be charged to the
customer at eBook Adaptations' current rates. This work may not be used without eBook Adaptations' written consent.
-
Creative Work ~ Sketches, copy, dummies, and
all other creative work developed or furnished by eBook Adaptations
are eBook Adaptations' exclusive property. eBook Adaptations must give
written approval for all use of this
work and for any derivation of ideas from it.
-
Accuracy of Specifications ~ Quotations are
based on the accuracy of the specifications provided. eBook Adaptations can requote
a job at the time of submission if input
materials do not conform to the information on which the original quotation
was based.
-
Venue ~ In the event of suit regarding this
contract, then venue and jurisdiction therefore shall be in either the
Superior or Municipal Court, as appropriate, of the county of Summit, Ohio.
The parties agree and stipulate that the essential terms of this contract
are to be performed in said County.
-
Electronic Manuscripts/Images ~ It is the
customer's responsibility to maintain a copy of the original file.
eBook Adaptations is not responsible for accidental damage to media
supplied by the customer
or for the accuracy of furnished input or final input. Until digital
input
can be evaluated by eBook Adaptations, no claims or promises are
made about eBook Adaptations' ability to work with jobs submitted in
digital format, and no
liability is assumed for problems that may arise. Any additional
translating, editing, or programming needed to utilize
customer-supplied
files will be charged at prevailing rates.
-
Alterations/Corrections
~
Customer alterations include all work performed in addition to the
original
specifications. All such work will be charged at eBook Adptations'
current rates. eBook Adaptations will make corrections free-of-charge
only if:
-
The
requested corrections reflect a failure on eBook Adaptations' part to
match the formatting or content of the customer's original file
-
The requested corrections are submitted within 20 calendar days
-
eBook Adaptations will
provide final files for the customer's review and approval. These
files will match the formatting and text of the original document as
closely as possible. The customer should examine all files
carefully, andnotify eBook Adaptations within 20 calendar
days if an error has been made on eBook Adaptations' part. If the
customer wishes to make changes to the files provided by eBook
Adaptations, these changes will be charged at eBook Adaptations' current
rates. All corrections must be
submitted in writing, and sent in a single email to eBook Adaptations. Multiple
emails will delay your order, and may incurr additional costs.
-
Undetected
errors ~ eBook Adaptations will not be
responsible for undetected production errors if:
-- Customer does not notify eBook Adaptations of an error within 20 calendar days of receipt
-- Errors were present in the file supplied by the customer to eBook Adaptations
for conversion.
--
Requests for changes are
communicated verbally.
-
Customer's Property ~ eBook Adaptations will only
maintain fire and extended coverage on property belonging to the customer
while the property is in eBook Adaptations' possession. eBook Adaptations' liability for
such property will not exceed the amount recoverable from the insurance.
-
Delivery ~ Unless otherwise specified, the
price quoted is for a single file, delivered via upload on
customer's account on the eBook Adaptations' website. Charges for
delivery of materials and
supplies from the customer to eBook Adaptations or from the
customer's supplier to eBook Adaptations are not included in quotations
unless specified. Title for
finished work passes to the customer upon upload of files to the
customer's online account.
-
Production Schedules ~ Production schedules
will be established and followed by both the customer and eBook Adaptations. There
will be no liability or penalty for delays due to a state of war, riot,
civil disorder, fire, strikes, accidents, action of government or civil
authority, acts of God, or other cases beyond the control of eBook Adaptations. In
such cases, schedules will be extended by an amount of time equal to the
delay incurred.
-
Outside Purchases ~ Unless otherwise agreed in
writing, all outside purchases as requested or authorized by the customer,
are chargeable.
-
Payment Terms ~ Payment is net cash, and must
be paid in full before we begin production of your order. We accept
Visa, MasterCard, Discover and American Express, as well as Paypal. Regular checks and money orders can also be sent, but
this may delay your order. All unpaid invoices are subject to a finance charge of 2% per month.
-
Claims for
defects
~ Claims for defects,
damages, or shortages must be made by the customer in writing no later than 20 calendar days after delivery. If no such claim is made, eBook Adaptations
and the customer will understand that the job has been accepted. By
accepting the job, the customer acknowledges that eBook Adaptations' performance
has fully satisfied all terms, conditions, and specifications. eBook Adaptations'
Liability will be limited to the quoted converting price of
defective goods without additional charge for special or consequential
damages. As security for payment of any sum due under the terms of an
agreement, eBook Adaptations has the right to hold and place a lien on all customer
property in eBook Adaptations' possession. This right applies even if credit has
been extended, notes have been accepted, trade acceptances have been made,
or payment has been guaranteed. If payment is not made, the customer is
liable for all collection costs incurred.
-
Liability
~ Disclaimer of Express Warranties ~ eBook Adaptations warrants that the work is as
described in the purchase order. The customer understands that all sketches,
copy, dummies, and preparatory work shown to the customer are intended only
to illustrate the general type and quality of the work. They are not
intended to represent the actual work performed.
~ Disclaimer of Implied Warranties ~ eBook Adaptations warrants only that the work
will conform to the description contained in the purchase order. eBook Adaptations'
maximum liability, whether by negligence, contract, or otherwise, will not
exceed the return of the amount invoiced for the work in the dispute. Under
no circumstances will eBook Adaptations be liable for specific, individual, or
consequential damages.
-
Indemnification ~ The customer agrees to
protect eBook Adaptations from economic loss and any other harmful
consequences that
might arise in connection with the work. This means the customer
will hold eBook Adaptations harmless and save, indemnify, and otherwise
defend eBook Adaptations
against claims, demands, actions, and proceedings on any and all
grounds.
This will apply regardless of responsibility for negligence.
-
Copyrights. ~ The customer also warrants that
the subject matter to be printed is not copyrighted by a third party. The
customer also recognizes that because subject matter does not have to bear a
copyright notice to be protected by copyright law, absence of such notice
does not necessarily assure a right to reproduce. The customer 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 customer agrees to indemnify and hold eBook Adaptations 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.
-
Personal or Economic Rights. ~ The customer
also warrants that the work does not contain anything that is libelous or
scandalous or anything that threatens anyone's right to privacy or other
personal or economic rights. The customer will, at the customer's sole
expense, promptly and thoroughly defend eBook Adaptations in all legal actions on
these grounds as long as eBook Adaptations promptly notifies the customer of legal
action, and gives the customer reasonable time to undertake and conduct a
defense. eBook Adaptations reserves the right to use its sole discretion in refusing
to convert anything eBook Adaptations deems libelous, scandalous, improper, or
infringing on copyright law.
-
Storage ~ eBook Adaptations retains copies of
production files used until the related end product has been accepted by the
customer. If requested by the customer, intermediate materials will be
stored for an additional period at an additional charge. eBook Adaptations is not
liable for any loss or damage to stored material beyond what is recoverable
by eBook Adaptations' fire and extended insurance coverage.
-
Taxes ~ All taxes and assessments levied by
any governmental authority are the responsibility of the customer. All
amounts due for taxes and assessments will be added to the customer's
invoice. No tax exemption will be granted unless the customer's "Exemption
Certificate" (or other official proof of exemption) accompanies the purchase
order. If, after the customer has paid the invoice, it is determined that
more tax is due, then the customer must promptly remit the required taxes to
the taxing authority or immediately reimburse eBook Adaptations for any additional
taxes paid.
-
Telecommunications ~ Unless otherwise agreed,
the customer will pay for all transmission charges. eBook Adaptations is not
responsible for any errors, omissions, or extra costs resulting from faults
in transmission.
-
Preparatory Material ~ Artwork, type, plates,
negatives, positives, tapes, disks, computer files and other items supplied by eBook Adaptations
shall remain eBook Adaptations' exclusive property.