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Price quotations
Indefinite price quotes remain subject to change without notice until confirmation of the order. Price quotes based on imprecise samples or incomplete manuscripts are to be considered only as estimates.
Prices
Quoted or confirmed prices are always net prices. They are subject to possible increases in material prices or general contractual wages that may occur prior to completion of the order.
Payment conditions
Unless otherwise agreed, the amount invoiced is to be paid within 30 days from the date of invoicing, without the deduction of any discount.
Colorplast may also require a guarantee of payment following acceptance of an order. If this is not received, processing of the order may be suspended and the accrued costs will become due without delay.
If an order requires the commitment of larger sums of money for either materials or external services, or because processing the order requires more than two months, Colorplast is entitled to require prepayment to cover its expenses. The amount of the prepayment and its due date are to be specified in the order confirmation.
Delivery period
Guaranteed delivery periods apply only when the required documents (artwork, manuscripts, proofs) arrive at Colorplast as agreed.
Agreed delivery periods begin on the day that all work documents are received by Colorplast and end on the day that the order leaves Colorplast.
If the proofs are not approved within the specified period, then Colorplast is no longer bound to the agreed delivery period. In cases where the delivery date is exceeded or there is a failure to comply with the delivery period due to reasons for which Colorplast is not responsible (such as disruptions of operations due to strike, lockout, lack of electricity and all cases of force majeure), the purchaser is not entitled to rescind the contract or to hold Colorplast responsible for damage incurred.
Default in taking delivery
If the purchaser does not take delivery of the goods within an appropriate period of time after being notified of their completion, Colorplast is then entitled to invoice the goods and to take them into its own archives at the expense of the ordering party.
Drawings, designs
Drawings, designs, originals and photographic work will be invoiced, even if no corresponding order has been placed.
Copyright for these types of artwork is oriented on legal provisions.
Reproduction rights
The reproduction and printing of all artwork, samples and the like provided by the client is performed on the condition that the purchaser possesses the corresponding reproduction rights.
Files and mechanicals
The files and mechanicals created by Colorplast (digital image material, composition, lithographs, etc.) remain the property of Colorplast. Files and films will be archived by order of the client. Colorplast can invoice for this. We refer here to the provisions governing contracts for services in the Swiss Code of Obligations (Art. 363 to 379 OR).
Additional expenses
Additional expenses caused by the purchaser as a result of correction or revision of artwork and manuscripts, as well as changes required after reviewing the proofs that result in additional expenses, will be invoiced separately.
Author’s corrections
Author’s corrections (subsequent changes to text, photos, make-up and the like) are not included in the quoted price and are invoiced separately according to time dedicated to completing the tasks.
Standard tolerances in the industry
We reserve the right to deviations in implementation and material that are typical within the industry, particularly as concerns proofs, variations in color, faithfulness of reproduction, tonal value and the quality of the print substrate (various plastics).
Excess or short delivery
Excess or short deliveries up to 10% of the ordered quantity – or up to 20% in the case of special production of the material – shall not be grounds for complaint. The effectively delivered amount shall be invoiced.
Notice of defects
The work delivered by Colorplast is to be examined upon receipt. Any possible complaints with regard to quality and quantity must be presented within 8 days of receipt; otherwise, delivery is considered accepted.
Liability
Colorplast’s liability is expressly limited to the value of the ordered goods. Liability for damages in excess of this or for consequential, secondary or indirect loss or damages, etc. is explicitly excluded. Liability for damages due to sublimation and liability for correctness and completeness in the editing and execution of cartographic works is also expressly excluded.
Manuscripts, originals and other materials supplied by the purchaser, or semi-finished or finished products accepted into storage for the purchaser, shall be handled with customary care and stored at the expense and risk of the purchaser. Additional risks are borne by the purchaser.
Requirements placed on the materials supplied by the purchaser
The purchaser is responsible for ensuring that the materials supplied by him are suitable for processing.
Delivery and packaging
Unless otherwise agreed, transport costs are not included in the price.
The purchaser bears the risk for all shipments. Nonetheless, damage due to transport must be reported to the carrier prior to acceptance of the goods. Materials supplied or procured by the purchaser shall be at the expense of the purchaser.
Samples
The purchaser shall inspect galley proofs and press proofs for errors in composing and other errors and declare them ready for press by returning them with the purchaser’s signature to Colorplast. Colorplast is not responsible for errors the purchaser failed to note. Changes provided by telephone must be confirmed in writing.
If the provision of samples is not requested, Colorplast’s liability for composition errors and other errors is limited to that of gross negligence.
Storage of mechanicals and files
Absent a written agreement, no duty exists regarding the safekeeping of photographic lithographs, film for gang printing, plates, compositions, prints and files. Any storage or archiving of files is also at the expense and risk of the purchaser.
All disputes between the parties to the contract shall be decided by an arbitration court. It shall give the final decision on arbitral jurisdiction with the exception of Article 36 of the Concordat. Each party shall name an arbitrator, and together they shall designate the third arbitrator. If the parties cannot reach an agreement on this point, the third arbitrator shall be designated by the president of the Commercial Court of the Canton of Zurich. Disputes for amounts below CHF 10, 000 shall be decided by the third arbitrator as the lone arbitrator. The proceedings shall be subject to the provisions of the Zurich Code of Civil Procedure (ZPO) for ordinary proceedings as well as to the Concordat; however, the deliberations of the three-party arbitration court remain confidential. Subject to the approval of both parties, the arbitration court may also institute additional, alternative provisions for the proceedings. The arbitration court shall be based in Zurich.
Deviations from the above conditions require an explicit, written agreement. Conditions related to the order that deviate from those presented here shall be considered unwritten.
Place of performance, place of jurisdiction, arbitration court
Place of performance and of jurisdiction is Zurich.
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