1) Exclusivity of These Terms
These are the exclusive terms under which we (the manufacturer of E-Line, Exel-O-Craft and Donut Box products) are willing to sell our products. Any quotation by us is an offer to sell and not an acceptance of any purchase order or other document received from a distributor. Acceptance of any order is strictly limited to these terms and we object to any terms and conditions or purchase conditions of a distributor which are different from these terms. Your agreement to these terms shall be conclusively presumed from your acceptance of all or any part of the goods ordered.
2) Order Instructions
Order instructions must include quantity, style number, description, imprint copy (typed or CLEARLY printed) and complete information on where to ship. If the order is “same copy as last year,” please include a sample or photocopy of the ad and reference previous order numbers.
An acknowledgment of receipt of each order is made. Please use our acknowledgment number in all your communications to expedite any other questions you might have about your order. Any reference on the face of the acknowledgment to any documents of a distributor shall be deemed to incorporate only typed or handwritten information and not any standard printed terms or conditions on such distributor’s document.
4) Early Order Policy
To avoid any misunderstandings, our policy for early priced orders is as follows:
5) Calendar Production Times
Times vary by item, quantity ordered, and time of year. Specific deadlines must be preapproved by the factory. Proofs must be reviewed by the customer as a part of the production process.
General Production Guidelines
Some items can be produced in less time while others require more time. Contact the factory if you need additional information. Skinner & Kennedy does not guarantee ship dates. We will try to ship on your requested ship date, but due to high order volume at different times throughout the year, we frequently assign ship dates according to our production schedule. All orders received are acknowledged and are given an estimated ship date. If you have a concern regarding your order’s estimated ship date, contact the factory.
6) Time of Delivery
The indicated delivery times are always to be understood as approximate. Unless we have agreed in writing otherwise, we reserve the right to make deliveries in installments. Delay in delivery of all installments does not relieve a distributor of (i) its obligation to pay for all installments received prior to such delay or (ii) its obligations to accept remaining deliveries. We reserve the right, even after partial shipment on account of any order, to require satisfactory security from distributor. Distributor’s refusal to furnish such security will entitle us to suspend shipments until such security is furnished, and will also allow us to cancel the order. A distributor nevertheless must pay for such shipments as may have been delivered prior to cancellation. No damage claims of any kind can be made for delays in delivery of the order. We shall not be liable for any consequential or incidental damages resulting from a delay in delivery.
7) Type Style and Layout
Except production-ready art, orders are accepted with the understanding that our typesetters/composers use their professional judgment as to type and copy arrangement. Unless you specify a particular layout and/or type style, we will set up the ad to best advantage according to our professional standards. If you submit a sample with your offer marked “as close as possible to type shown,” we will be able to select a similar, if not exact, type style. “Request for exact type as shown” may require additional time and cause additional charges.
8) Ad Copy Proofs
See individual calendar information for paper proof charge.
Note: All production timetables listed are after receipt of approved proof. A color match print can be furnished if desired. A color swatch or PMS number should be sent with request. Using the actual ad copy, a proof showing a commercially acceptable trade match color of the finished product will be produced. Size of: 8 ½” x 11” & under . . . $120.00(G) per color; 8 ½” x 11” to 11” x 14” . . . $150.00(G)per color; 11” x 14” to 11” x 17” . . . $160.00(G)per color
9) Copy Changes
Copy change charges apply if you want the same standing ad on the same calendar but desire to change an individual agent’s name, address or phone number. See individual calendar for exact copy change charge. Minimum quantity required.
10) Picture Selection
On calendars providing for customer’s selection of pictures, pictures may be assorted in quantities of 50 per subject. Please note assortment for calendar style and order pictures by title and picture number.
11) Set-ups from Photos or Artwork
Set-ups are necessary when production-ready artwork or a photograph is furnished. Because of widely varying sizes and amount of artwork sometimes involved, it is impossible to set specific charges. No estimates of charges will be furnished unless requested when order is placed. Artwork will be stored for use on future orders unless order requests that the artwork be returned.
12) Accuracy of Specifications
When submitting artwork, quotations are based on the accuracy of the specifications provided. We can requote a job at time of submission if copy, files, CDs, or other input materials do not conform to the information on which the original quotation was based.
13) Electronic Copy or Image
It is the customer’s responsibility to maintain a copy of the original file. We are not responsible for accidental damage to media supplied by the customer or for the accuracy of the furnished input or final output. Until digital input or final output can be evaluated by us, no claims or promises are made about our 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.
ELECTRONIC ART CHECKLIST
When sending computer-created art on CD, flash drive or E-mail, make sure that all of the items on this checklist are completed:
14) In-Stock Ink Colors
For a palette of in-stock inks for fans, donut boxes and calendars, please refer to our website. For sport schedule colors, please refer to our website. Special ink charges still apply as use of these inks still requires special press wash-up and set-up.
15) We reserve the right to change size, color, type style or graphics without prior notice.
16) Overruns and Underruns
We do our best to deliver the quantity ordered, but we reserve the right to deliver an overrun or underrun when it occurs and your orders will be billed according to the exact quantity delivered. An overrun or an underrun of 10% constitutes an acceptable delivery.
18) Foreign Copy
19) Union Label – Not Available.
20) All Prices F.O.B. Factory.
21) Shipping / Mailing
Drop Shipments -
Drop shipments to different addresses at $10.00(G) each.
The USPS requires electronic lists be certified. Please include certificate with your electronic list.
Certification cost for uncertified lists - $70.00(X).
Cost for list submitted on certified Excel spreadsheet – .77(G) cents each plus U.S. Postage & includes:
Cost for list submitted on pressure-sensitive labels – 60(G) cents each plus U.S. Postage & includes:
Mailing less than 200 individual calendars –
Shipping Information –
Unless your order specifically states that we should not ship before a certain date, we reserve the right to ship as early as our production allows.
Carrier Delays – We are not responsible for carrier delays.
Third Party Freight Billing – $12.50(G) per order charge for using Third party freight account. Insurance on all orders requesting 3rd party freight must be handled by consignee. If any third party charge is charged back to Skinner & Kennedy Co. these charges and any other fees will be billed to your account.
22) Special Options
Shadow (Ghost) Overprint (Exact same copy & location on each sheet)
Available on the following items:
Date Box Copy
Available on the following items:
23) Film and Plates
Film and plates remain property of customer.
24) Unexpected Events
We shall not be liable to a distributor for default or delays in the performance of any of our obligations due to causes beyond our reasonable control, including, but not limited to, unavailability or shortages of labor, materials, electricity, fuel or equipment, breakdown of machinery, damage or destruction of machinery or goods, bunching of orders, failures or delays in delivery from our vendors and suppliers, delays in transportation, acts of others or any other contingencies or circumstances within or without the United States which prevent or hinder the manufacture or delivery of any goods or make fulfillment of this contract impracticable. If, on account of the foregoing, we are prevented from supplying the full quantity of goods that we are, at such time, required to supply to our customers, we may prorate the quantity deliverable. When delays are caused by events beyond our control, our time for performance shall be extended by the period of such delay.
25) Disclaimer of Warranties
We have made no and we disclaim all warranties, expressed or implied, including the warranties of merchantability or fitness for a particular purpose or against patent or other infringement.
26) Limitation of Liability
We shall have no liability to a distributor, distributor’s customers or third parties for any direct, indirect, punitive or exemplary, incidental, special or consequential damages, including without limitation lost profits, lost savings or loss of good will, arising out of any contract of sale, or its performance or breach, any goods or its delivery, installation, use, repair, replacement or maintenance, or the performance or breach of any warranty, whether arising out of contract, tort or otherwise. In all events our total liability to distributor upon all claims of whatever nature shall not exceed the purchase price for any goods or goods which are the subject of the claim. This section shall survive failure of an exclusive remedy.
27) Right to Refuse
We reserve the right to refuse any order that we deem not acceptable in language or design.
IMPORTANT NOTE ON TRADEMARK USAGE AND COPYRIGHTS:
All copy or material submitted by the customer used in producing any order will be accepted as being submitted in full compliance with all applicable laws regarding trademark, service mark, copyright, right of privacy, patent, or similar protection. 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 the provider 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.
Disclaimer – All logos shown on this website are the respective property of the companies which they identify. Their use on this website is strictly for demonstrative purposes as indications of imprint quality, size, positioning and colors available.
Preferred / Accepted Programs –
Fonts – Convert text to outlines, paths or curves (vector art)
Support Files –
Accepted File Storage – Macintosh formatted CD
Colors – Specify Pantone color number.
E-mailed Artwork – Please identify the distributor name and purchase order number when sending art by e-mail to: email@example.com
Scanned Images – 4 Color