Terms & Conditions
- Quotations are valid for 10 (ten) days, subject to availability of material.
- Quotations are based on the accuracy of the specifications provided by the customer. We can re-quote for the job at the time of submission if the input materials don't conform to the information on which the original quotation was based.
Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider's control. Canceled orders require compensations for incurred costs and related obligations.
All taxes, imposts, levies, import/customs duties and octroi, if any, levied by Central and/or State Governments, Municipalities, Customs Offices and/or Public Bodies even if not included in the estimate will be charged extra, if applicable. Even if not charged by us, these levies, if any, will be payable by the customer.
- Additional Work
Any work required by the client in the course of the transaction not otherwise provided in quotation will be charged extra.
Any change or variation made by a customer shall be charged extra at our discretion. Alterations will not be accepted, once production has begun. Alterations provided, after production has begun, will be treated as a new order.
- Experimental Work
Experimental or preliminary work performed at the customers' request will be charged to the customer at our current rates. This work cannot be used without our written consent.
- Creative Work
Sketches, copy, dummies and artwork prepared by or submitted by us in confidence, unless paid for, shall remain our exclusive property and no use shall be made of the same, nor any idea obtained therefrom be used, without our express consent and only if so agreed, upon payment of compensation to be determined by us.
- Process Materials
All Photographic films, plates and raw materials or other printing media, used in process remain our property.
We will submit proofs at the prepress stage for customer approval. Corrections, if any, have to be sent back to us in writing, preferably marked on the proof itself.
We will not be responsible for undetected production errors if:
- proofs are not required by the customer
- the work is printed per the customer's approval
- requests for changes are communicated orally
- Press proofs will not be furnished unless they have been required in writing by the customer and have been expressly included our quotation. Any alterations/corrections made at this point will be charged at our current rates.
- Because of differences in equipment, paper, inks and other conditions between colour proofing and production pressroom operations, a reasonable variation between the machine/colour proof and the completed job is to be expected. When variation of this kind occurs, it shall constitute an acceptable delivery, and shall be so accepted.
- We will submit proofs at the prepress stage for customer approval. Corrections, if any, have to be sent back to us in writing, preferably marked on the proof itself.
- All artwork will have the text "[email protected]" and/or a printing symbol introduced, and printed at the time of production
- The text and/or symbol is introduced, so as to identify products manufactured by Maisha Pack, in case of discrepancies raised by a customer
- The text and/or symbol will be introduced at a location on the artwork, such that it does not affect or change or distort or impact or malign the client's artwork
- Should the text and/or symbol not be approved by the client, Maisha Pack can choose to decline the order and/or ask for adequate compensation
- Accepted Delivery
All complaints are to be made in writing with-in six days (one working week) from the date of the receipt of the job by the customer. After the expiry of the said period, the customer will be deemed to have accepted the delivery of the job as per the specifications and to his satisfaction. By accepting the job, the customer acknowledges that all terms, conditions, and specifications have been fully satisfied.
- Delivery & Claims
- Payment shall become due upon delivery of goods or notification that they are ready for delivery.
- Any goods, damaged or otherwise, returned to Maisha Pack, will be at the expense of the receiver/consignor
Signing the delivery challan/receipt indicates acceptance
- of the goods received
- that the goods are in a good condition and fit for use, as deemed appropriate by the receiver/consignor
- that the receiver/consignor takes all responsibility of the goods henceforth, including but not limited to damage, if any
- Production schedules will be established and are to be followed by both us, as well as the customer. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the printer. In such cases, schedules will be extended by an amount of time equal to delay incurred.
- Whatever work is suspended at the request of customer or delayed through any default of the customer and undue delay for any reason whatsoever, the customer would be liable to be charged at our discretion, the rent for the goods, materials and stores detained for the job and/or for payment for work already carried and the customer will be bound for such rent, charges or payment.
- Unless agreed otherwise, price quoted is ex-works. Charges for packing and delivery of materials are not included in quotations unless specified.
- Outstation deliveries: At the request of the client we may make outstation deliveries and in such cases, railway, air-freight, roadways, sea or postal receipts shall be accepted as proofs of delivery. Our responsibility ceases the moment the goods are dispatched as per customer request and the receipts handed over. The client or agency shall not hold up bills pending confirmation from the receiver.
- The dispatch of the goods at the request of the client if undertaken is at the risk of the client. While care will be exercised in packing and insuring the goods, we will be liable only to claim insurance and re-print the job for the customer. We shall not be liable for any direct or indirect consequential loss or for any loss to the customer due to the delay caused herewith.
Where some or all of the goods have been damaged in transit (or have failed to arrive at the receiver/consignor after dispatch by Maisha Pack), Maisha Pack shall either repair or replace the goods in question (at the choice of the receiver/consignor) provided always that:
- in the case of damage in transit, the receiver/consignor has informed Maisha Pack of the damage within 30 days of receiving the goods; and
- in the case of non-delivery and where Maisha Pack has notified the receiver/consignor of the intended date of delivery, the receiver/consignor has informed Maisha Pack within 10 days of the notified delivery date that the goods have not been received
- Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a tolerance of 10 percent being allowed for overs or shortage, the same to be charged for or deducted pro rata, as the case may be.
Retention copies and print
We shall be entitled to retain with ourselves without any payment therefore to the customer twenty copies of all printed work including books and magazines for record or display or any other purpose. We shall be entitled to put the our imprint line on all jobs at such places as it may be decided.
- We shall not be liable for any direct or indirect consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
- Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect. Our maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will we be liable for specific, individual, or consequential damages.
- Customers' Property
- While all care will be exercised in storing and insuring the customers property, in the case of any loss or damage to the same, our liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid by the customer.
- Where materials are supplied by customers, every care will be taken to ensure the best results, but we are not responsible for loss of quality caused by defects in and/or unsuitability of such materials or equipment.
- Any raw materials supplied by customer must include adequate quantities to cover spoilage. Unless stipulated otherwise the spoilage will be as per the All India Federation of Master Printers Spoilage formula.
- Where paper, board or other materials are furnished by the customer, it shall be properly packed, free from dirt, fluff, grit, torn sheets, creases, bad splices. Any shortage due to above reasons or short counting shall be on the customers' account. Additional cost consequent upon delays or impaired production on account of the above reasons shall be charged to the customer.
- All customer property has to be delivered to us with express details of the confirmed order that it pertains to. Any material delivered which does not pertain to the requirements for an order will be charged for warehousing as deemed fit.
- General Lien
We shall, in respect of all unpaid debts due from the customer, have a general lien on all goods and property of the said customer in our possession and shall be entitled on the expiration of 14 days notice to the said customer, to dispose off such goods or property as seen fit and to apply the proceeds towards such debts.
- Legal Matters
- An express assurance from the customer shall be assumed that his/her print order does not carry any statement, remark, allusion, connotation or expression of any nature which shall be construed, interpreted or purported to be directly or indirectly slanderous, libelous, illegal or immoral and opposed to public policy, or inconsistent with public morality or infringement of any copyright, patent, design, trade mark or repugnant to another law in force.
- We shall in our discretion be always at liberty, even after acceptance of the order, either to refuse to print any order or any part thereof or, refuse to deliver any such matter and material, when in our opinion, the matter or any part thereof, is not according to the aforesaid assumed expression of assurance from client. The customer shall also be liable to pay the charges and expenses in respect of processing including printing of the entire order or any part thereof on the basis and in proportion of the cost of the order.
- Upon our refusal to print and complete the order having accepted it, or having printed a part of the order and refusing to print the balance or refusing to deliver the matter and materials already printed, the customer shall not be entitled to make claims against us for loss or damage for such refusal.
- If at any time, any claim is made, action is brought or demand is raised for damages on account of defamation, slander, libel etc., arising out of the print job carried out by us, the client agrees to indemnify us and keep us so indemnified for such loss or damages.
- 50% advance and balance against delivery or such credit as stipulated. In the event of the payment not being received within the stipulated time the name of the client will be forwarded to the Master Printers Association for circulation among its members.
- Interest at the rate of 24% per annum will be charged on all outstandings
- Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation or to such variations as we may find necessary as a result of inability to procure labour, materials or suppliers or as a result of any Act of God, Force Majeure, Strike, Lockout, or other labour disputes, Fire, Flood, Drought, Legislation or other cause, (whether of the foregoing cause or not) beyond our control.
- All disputes shall be referred to the arbitration of The Master Printers Association or its Committee with summary powers for final decision which shall be binding on both the parties.
- Subject to and after exhausting the above remedy as provided in clause (a) hereof, if any matter or dispute is to be referred to the court, all such disputes shall be subject to the jurisdiction of the court at Mumbai (Maharashtra)