Terms & Conditions
Welcome to Maui Printing Company. This web site is provided by Maui Printing Company, Inc. Please review the following basic rules that govern your use of the MauiPrinting.com site and doing business with Maui Printing Company Inc. A Hawaii Corporation. Please note that your use of the MauiPrinting.com site and your agreement to our Printing Proposal constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Maui Printing Company reserves the right to update or modify them at any time without prior notice, we encourage you to review them whenever you use this site and when agreeing to do business with us.
The Maui Printing Company Satisfaction Guarantee
Maui Printing Company stands behind the quality of its products and services. If you are not 100% satisfied with your purchase from us, simply contacting your Customer Service Representative within 10 days from the date you receive it (or the date it was scheduled to arrive), and we will reprint part or all of your order. In some cases, we may refund the full price of the product(s) in question, excluding shipping, postage, and processing costs.
Maui Printing Company is committed to customer satisfaction, and we do everything possible to ensure proper cutting, accurate color reproduction, and excellent printing quality. However, certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:
• Spelling, punctuation, or grammatical errors made by the customer.
• Inferior quality or low resolution of uploaded images.
• Design errors or color selection errors introduced by the customer in the artwork file creation process.
• Errors in user-selected options such product type, size, finishing options, or quantity.
• Incorrect file dimensions, image orientation, or file submission in accordance with Maui Printing’s specifications.
• Damage to the products arising after delivery to the customer.
• Duplicate orders by the customer.
• Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.
• Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by the customer.
This guarantee is also subject to a few other Terms and Conditions:
• Full refund guarantee does not apply to shipping claims.
• We reserve the right to have you return the original order, at our cost, before
reprinting or refunding your order.
• Maximum refund per order or customer is $2500. The only remedy for problems with orders over $2500 is reprinting of the order to correct product defects.
• Color match, cutting, and folding tolerances are guaranteed to be within industry standards (CMYK) for pleasing color unless otherwise specified in writing.
• This guarantee is limited to reprint of the original order quantity or refund of the purchase price of the order. We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials that are defective or incomplete or which you receive later than the estimated delivery date.
• This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims. Maui Printing is not liable for U.S. Postal Service errors, including loss or delay.
• Please preview your designs carefully for USPS regulations and correct any issues prior to placing your order requiring mailing.
Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with their approved payment method.
Once a print job has been approved by customer and “sent to press,” no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Maui Printing Company’s prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes, unless otherwise noted. In some cases, a refund may be extended to the customer if no work has been done by Maui Printing Company on that specific job.
Please note that no work will proceed on any print order until full payment is made or other arrangements have been made expressly stated on your Printing Proposal from us.
Payment Methods
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:
• Pre-pay, cash, check or bank wire transfer.
• Pay by credit card.
Our Sales Tax Policy
Maui Printing Company is required to collect sales tax on purchases. Sales tax will be calculated based on the printing and finishing product subtotal. All taxes and assessments levied by the 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 placement. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the payment to Maui Printing Company for any additional taxes paid.
Hawaii Resellers
If you are a reseller of our products and would like to claim wholesale tax status, you can download a form G-9 (http://www6.hawaii.gov/tax/2009/g17.pdf) prior to the placement of your order. Please fax a copy of your certificate along with your estimate/order number to the attention of the Credit Department at (808) 877-7077. After receiving your certificate, we will send you a confirmation email.
Rush Fees
Fees based on turnaround time for jobs with approved payment and accepted print-ready files has been guaranteed. The remedy for failing to meet a deadline is limited to a refund of any rush charges or a courtesy rush on your next order.
Overruns/Under-runs
Overruns or under-runs will not exceed 10 percent of the quantity ordered. Maui Printing Company will bill for the actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
Claims
Claims for defects, damages, or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made to Maui Printing Company the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider’s performance has fully satisfied all terms, conditions, and specifications. The Provider’s Liability will be limited to the quoted selling 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, the provider has the right to hold and place a lien on all customer property in the provider’s 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.
Miscellaneous
All sales are final, unless otherwise noted. No refunds are given once Maui Printing Company begins working on your order, which means Maui Printing Company has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).
Within 30 days of purchase, a partial or full refund may be extended to the customer if nowork has been completed by Maui Printing Company. Please note that such refund would be reduced to cover any fees charged for proofs, processing or other services associated with that order.
To be sure we are successful at meeting customer-requested turnaround times, Maui Printing Company actively maintains materials inventory and staff, and schedules time on all equipment for orders that have been placed. Orders that are placed and not expeditiously approved by the customer may incur additional equipment, labor and inventory costs.
Orders not sent to press by the customer within 60 days of the order being placed will be non-refundable.
All materials we create in producing your printed product are the property of Maui Printing Company. Although these materials will not be sold or given to any other party, we reserve the right to distribute free samples of your printed product.
Custom Estimates/Proposals
A custom quotation not accepted within 30 days may be changed.
Color Accuracy and Hardcopy Proofs
Maui Printing Company will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements.
The accuracy of each color reproduction (of the final printed product) is guaranteed to be within the printers tolerances of the final proof you approved or Maui Printing Company or we will reprint your job. Please note that Maui Printing Company cannot guarantee color reproduction for your print-ready files if you did not request and approve a hardcopy proof. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent.
Artwork Files
Our prepress department checks most artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Maui Printing Company.
As postal regulations are subject to change, you are also 100 percent responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office.
You certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or original artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
Maui Printing Company reserves the right to use its sole discretion in refusing to print anything the provider deems libelous, scandalous, improper, or infringing on copyright law.
Proof Approvals
Maui Printing Company will submit proofs for the customer’s review and approval. Corrections will be returned to the Maui Printing Company marked “OK.,” “OK. With Corrections” or “Revised Proof Required” and approved by the customer. Until the final proof is received, no additional work will be performed. Maui Printing Company will not be responsible for undetected production errors if:
• Proofs are not required by the customer
• The work is printed per the customer’s OK
• Requests for changes are communicated verbally
Alterations/Corrections
Customer alterations include any work performed in addition to the original specifications. All such work will be charged at the Maui Printing Company's current rates.
Press Proofs
Press proofs are not provided unless they have been requested/required and stated in writing on Maui Printing Company’s quotation. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at the provider’s current press rates.
Printing Turnaround Time
Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded and approved for printing. Printing turnaround time begins when we receive final approval for your proof. Please note that if we are unable to print your files because they do not conform to our file requirements, your job status will return to “Need Artwork” and your printing turnaround time will be reset.
For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job and your proof is approved. Not from the time when the order is first submitted.
Target Arrival Date
Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Printing and shipping times are based on business days only and do not include weekends or holidays.
Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
Delivery
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Maui Printing Company’s dock. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications change or state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Maui Printing Company or from the customer’s supplier to Maui Printing Company are not included in quotations unless specified.
Shipping
Maui Printing Company assumes no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, legal holiday, action of government or civil authority, acts of God, or other cases beyond the control of Maui Printing Company. In such cases, schedules will be extended by an amount of time equal to the delay incurred. We assume no responsibility for delays or damage caused by contracted shipping carriers or any damages resulting from the failure to receive a job on time. Customer pick up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.
Storage
If requested by the customer, materials may be stored for an additional period at an additional charge. Maui Printing Company is not liable for any loss or damage to stored material beyond what is recoverable by fire and extended insurance coverage.
Mailing Services
Customer’s mailing list(s), while in the possession of Maui Printing Company, is the exclusive property of the customer and shall be used only with customer’s instructions.
Customer’s mailing list(s) will not be sold or offered for use to any other party, and Maui Printing Company will not utilize the list for any other purpose.
All mailing delivery dates are estimates, not guarantees. Maui Printing Company’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Maui Printing Company's responsibility ends when the job is delivered to the permit holders post office. In no event shall Maui Printing Company be liable for USPS performance failures or delivery delays.
Maui Printing Company shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the defective printing work performed. In no case is Maui Printing Company liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The customer will defend and hold Maui Printing Company harmless in any suit or court action brought against Maui Printing Company by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Maui Printing Company, acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Maui Printing Company’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Maui Printing Company for actions of the customer's employees which may occur as a result of any mailing. Mailing lists purchased by the customer through Maui Printing Company are non-refundable.
Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Maui Printing Company and/or various third-party providers (“Providers”). Reproductions or storage of content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
(1) 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 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.
Corporate Identification and Trademarks
“MauiPrinting.com”, and any and all other marks appearing on this Site are trademarks of Maui Printing Company in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Maui Printing Company's prior written consent. The use of Trademarks on any other web site or network computer environment is prohibited. Maui Printing Company prohibits the use of Trademarks as a “hot” link on, or to, any other web site unless establishment of such a link is pre-approved by Maui Printing Company in
writing.
Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Maui Printing Company. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Maui Printing Company's prior written consent is prohibited.
Email Us
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Maui Printing programs. Also, please remember that you are responsible for
whatever material you submit and that you, not Maui Printing Company, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Maui Printing Company.
Privacy
You confirm that you have read, understood, and agree to the Maui Printing Company Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Maui Printing Company, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Maui Printing Company Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by
Maui Printing Company in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).
Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Maui Printing Company, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Maui Printing Company Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by
Maui Printing Company in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAUI PRINTING COMPANY INC.—INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”)—BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Maui Printing Company for making a Request.
Some states—to the extent their law might be deemed to apply, notwithstanding the selection of Hawaii law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
Indemnification
You agree to defend, indemnify and hold harmless Maui Printing Company and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your business with us. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order. This will apply regardless of responsibility for negligence.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Maui Printing. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any
Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Maui Printing, and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
Governing Law
The internal laws of the State of Hawaii shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Wailuku, Hawaii for all disputes arising out of, or relating to, the Terms and Conditions.