NORKA INCORPORATED – TERMS OF SALE

  1. Quotation. A quotation not accepted within 30 days may be changed.
  2. Orders. Acceptance of orders is subject to credit approval. Cancelled orders require compensation for incurred costs and related obligations.
  3. Preliminary Work. Preliminary work done on projects that do not go to production are subject to Norka’s current rate.
  4. Creative Work. All creative work developed or furnished by Norka are Norka’s exclusive property. Norka must give written approval for all use of this work and for any derivation of ideas from it.
  5. Accuracy of Specifications. Quotations are based on the accuracy of the specifications provided. If the dimensions or materials change a new quote will be needed prior to production.
  6. Preparatory Materials. Conventional media, digital media, plates and all other preparatory items will become customer’s property only upon full payment by customer. Norka reserves the right to retain a lien on all such items in the event of nonpayment.
  7. Electronic Manuscript or Image. It is the customer’s responsibility to maintain a copy of the original file. Norka is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final output.
  8. Prepress Proofs. Norka will first submit proofs (either PDF or physical) for customer review and approval.  PDF proofs represent design intent only, with the understanding that Norka will conform to industry-standard ink densities on press. Physical proofs represent both design intent and the target for color reproduction. Approval status for PDF proofs should be communicated to Norka via email. Approval status for physical proofs may be communicated via email or by signing and returning to Norka.
  9. Color Proofing. Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance. Norka guarantees spot-color matching to within a Delta E of 2.5 as compared to published Pantone LAB values.
  10. Over-Runs or Under-Runs. Standard over-run quantity for Norka is between 0-10% unless customer requires otherwise. Norka will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated on purchase order.
  11. Customer’s Property. Norka will only maintain fire and extended coverage on property belonging to the customer while the property is in Norka’s possession. Norka’s liability for this property will not exceed the amount recoverable from the insurance.
  12. Tooling. Die cutting tooling has an average lifespan of one million impressions. Re-tooling can be charged to the customer unless agreed otherwise. Any customer owned property that has not been used in 3 years may be disposed of without notifying the customer.
  13. Delivery. Unless a customer request has been agreed upon, FOB Norka is standard. If the specifications state otherwise, Norka will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Norka, or from the customer’s supplier to Norka, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever occurs first.
  14. Production Schedules. Production schedules will be established and followed by both the customer and Norka. A lead time confirmation can be expected upon receipt of purchase order. Extenuating circumstances including expediting can be considered in conjunction with the current production schedule. Fees may be assessed.
  15. Customer-Furnished Materials. Materials furnished by customers or their suppliers are verified by receiving documents. Norka bears no responsibility for discrepancies between receiving documents and actual counts. All materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by Norka at Norka’s current rates to be paid for by the customer.
  16. Terms/Claims. If not agreed upon otherwise, Norka’s standard terms for payment is NET 30 after invoice date. If customer does not make payment within agreed upon terms Norka reserves the rights to assess late payment fees. Furthermore, any open purchase orders may not be produced. Claims for defects, damages, or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If payment is not made, the customer is liable for all collection costs incurred.
  17. Liability. 1. Disclaimer of Express Warranties. Norka warrants that the work is as described in the purchase order. The customer understands that all 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.
  18. Disclaimer of Implied Warranties. Norka warrants only that the work will conform to the description contained in the purchase order. Norka’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount of work in dispute. Under no circumstances will Norka be liable for specific, individual, or consequential damages.
  19. Indemnification. The customer agrees to protect Norka from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all ground. This will apply regardless of responsibility for negligence.
  20. 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 matter does not have to bear a copyright notice in order 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 Norka 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.
  21. 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 Norka in all legal actions on these grounds as long as Norka:
    • promptly notifies the customer of the legal action
    • gives the customer reasonable time to undertake and conduct a defense

Norka reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.

  1. Storage. Unless a managed inventory agreement has been established, Norka reserves the right to charge for finished product that cannot ship due to customer restraints.
  2. Jurisdiction The parties agree that all disputes arising under this agreement shall be governed by Wisconsin law. The parties further agree that the courts of the State of Wisconsin shall be the sole and exclusive jurisdiction and venue in which any dispute arising under this agreement shall be determined.