Terms of Delivery for Printed Matter
OÜ Print Best
The basis of ‘Terms of Delivery for Printed Matter’ is the General Terms of Delivery of the Printing Industry (Association of Estonian Printing Industry 27 March 2003).
Unless the contract provides otherwise, the Executor and the Client shall act according to the provisions of the Terms of Delivery.
Client – the party who orders a price proposal, a statement of expenditure, a product, or a service.
Executor – Print Best OÜ.
Party – the Client or the Executor, together referred to as Parties.
Product – the product prepared by the Executor at the order of the Client (a book, printed advertisement, etc.) or the service provided by the Executor (preparation for printing, printing, binding, etc.)
1.1 The Executor prepares an offer based on the initial information in the written or oral query received from the Client.
1.2 An offer made based on inadequate or incorrect initial information is not binding to the Executor.
1.3 The offer by the Executor given in response to the query of the Client shall be in written form.
1.4 The offer is valid for 60 days from the date of sending to the Client, unless the offer provides a different time of validity.
1.5 The Client’s response to the offer containing amendments, restrictions, or suggestions is not binding to the Executor. It is considered an amended query of the Client.
1.6 At the request of the Client, the Executor confirms the approval of the order that may follow accepting the offer.
1.7 An ‘order confirmation’ is prepared about formalising the offer into an order. The client shall look through it and confirm with their signature that they agree with the conditions provided in the confirmation.
1.8 If mock-ups or samples are ordered from the Executor that are not part of the offer or are not written down, the Client is obligated to reimburse the relevant costs in accordance with market prices, even if the Client waives the order.
1.9 All suggestions, drawings, mock-ups, and other preparatory materials that are added to the query and the offer are the property of the sender. The other party is not allowed to use them for other purposes or share them with third parties.
1.10 The offer that the Executor sends to the client is prepared in accordance with these terms of delivery.
2.1 The price is valid under the condition of ‘Product in the Executor’s warehouse’ (EXW Viljandi, 4 Männimäe Street), unless the Parties agree otherwise.
2.2 The prices are presented without value added tax, unless the offer indicates otherwise.
2.3 If the price is in foreign currency, it is based on the exchange rates on the day that the offer was made, unless the offer indicates otherwise.
2.4 The Executor has the right to add expenses to the agreed price that are caused by:
2.4.1 deficient materials provided by the Client;
2.4.2 any amendments and changes that the Client has made differently from the product/mock-up described in the offer;
2.4.3 any delays by the Client;
2.4.4 price increases of materials that took place before the order was submitted by the Client;
2.4.5 additional demands of the Client – proofs, samples of printing or colours;
2.4.6 any additional work at the request of the Client that was not previously agreed upon;
2.4.7 using a larger amount of paper at the start of printing than what was provided by the client as a result of the Client adjusting colours;
2.4.8 any changes to the source materials made by the Client after the printing plates have already been printed.
2.5 The Executor stores the finished Product in their warehouse for five working days. Any further storage expenses are covered by the Client in accordance with the established price list: www.printbest.ee
2.6 The transport costs of the Product are covered by the Client, unless it has been agreed otherwise.
2.7 Any additional costs that are not shown in the offer shall be coordinated in written form by the Parties.
3. Orders and deadlines
3.1 The order is submitted for production on the basis of the initial information provided in the written order (specification) of the Client and/or the written offer of the Executor.
3.2 The order is fulfilled in accordance with the Client’s written order, the written contract between the Client and the Executor, or any other agreement that is accepted by both Parties.
3.3 The order is considered fulfilled from the moment the Product reaches the warehouse of the Executor, unless the Parties have agreed otherwise.
3.4 The deadlines for fulfilling the order are valid if the Executor receives the confirmed source materials from the Client by the time that was agreed upon.
3.5 If the source materials are delayed, the Executor is not obligated to follow the deadline that was agreed upon. A new deadline is agreed upon after the source materials have arrived and the Client has confirmed them.
3.6 When the Client submits their order, they accept these terms of delivery, which are an inseparable part of the order.
3.7 All additional agreements that differ from the general terms of delivery of printed matter shall be confirmed by the Parties in writing before the order is accepted.
3.8 If the Client asks for the deadline of a particular project, providing the Executor with the estimated time of arrival of the source materials, the estimated deadline given by the Executor is not binding to the Executor. It is a deadline proposed at the given moment, considering the production volume at that time, and might change by the time the order is submitted.
3.9 If the paper is ordered to the warehouse based on the Client’s order and the volume of the order is reduced or the order is cancelled for reasons not related to the Executor, the Client is obligated to pay for the paper and the transport.
4. Defective and faulty Product
4.1 If the exact amount of the Product is not agreed upon, the actual circulation might differ from the circulation described in the order by +/– 3 per cent.
4.2 Reimbursing the difference between the agreed upon and actual circulation (the increase or decrease of the price) transpires in accordance with the conditions of the offer on the basis of the price per piece.
4.3 The Client has the right to ask for a discount in the case of a defective Product if the defect is such that the Client cannot use the Product in the intended way. All printed matter created by us are produced in accordance with the ISO standards established in the printing industry. If the Client does not wish for colour proofing and does not send their colour proofs at the time they submit their order, they agree to the colour solutions that are based on current standards. Any later complaints are not accepted.
4.4 The Executor shall have the right to correct their mistakes or replace defective Products to fix their Product so it matches the initial requirements of the Client. Any later demands are not considered.
4.5 The Client has no right for a discount or for waiving the Product if:
4.5.1 the defect was caused by incomplete (or defective) source material, amendments by the Client that can be interpreted differently, or a mistake that has not been fixed in the approved proof (sample);
4.5.2 the defect was caused by inaccurate information given by the Client when the order was submitted to the Executor;
4.5.3 the Product is printed in accordance with the source materials approved by the Client;
4.5.4 the Executor has made suggestions to change the specifications of the Product to ensure a higher-quality Product, but the Client has not agreed to those suggestions and has confirmed the production according to the initial order/information. In this case, the Client takes full responsibility for the quality of the Product. The Executor is not obligated to handle any further complaints arising from ignoring the suggestions of the Executor;
4.5.5 there is a fractional difference from the provided colour proof or the sample paper, approved sample, etc. The paper is considered as corresponding to the sample if it has the same paper industry type mark as the sample. If there is no test proof, the colour balance is the Client’s responsibility;
4.5.6 the Client provides the information regarding the intended use of the Product only after the order is confirmed and production has begun, therefore depriving the Executor of the chance to make respective changes in the production to ensure the intended use of the Product for the Client;
4.5.7 the claim regards the quantity of the Product (fewer goods or pallets arrived, etc.) after the Client has already confirmed the accompanying documents with their signature. The quantity of the goods shall be checked when the goods are received;
4.5.8 the claim regards damaged Products, but the Client has not added photographs of the appearance of the goods they received;
4.5.9 the claim regards damaged Products, but the Product no longer has the original packaging.
4.6 The Client shall inform the Contactor of deficient Products. The notice about the deficiency shall include an accurate description and at least ten examples.
4.7 The client shall return the deficient Product to the Executor. Related costs shall be covered by the Executor if the claim is justified and the Executor accepts the claim. If it becomes apparent that the deficiency is not the fault of the Executor once the Product has reached the Executor, all costs related to returning the Product shall be covered by the Client.
5. Compensation for damages
5.1 The Executor’s responsibility over the deficient Product (that has been returned to them) is limited to its contractual compensation or refunding the price provided in the contract.
5.2 The Executor is not responsible for any indirect damage caused to the Client, such as lost profits, disturbances in their economic activity, or damages to third parties.
6.1 The Client has the right to file complaints regarding the mistakes of the Executor in the following cases:
6.1.1 if the completion of the Product is delayed, a complaint can be filed within three days since the Client was informed of this;
6.1.2 if there are any deficiencies in the Product, a complaint can be filed within seven days after receiving the Product (or after the Client was supposed to receive the Product or check it on site pursuant to the contract). Deficient Product shall be returned to the Executor within 14 days. A notice of non-compliance shall be presented in writing and needs to have an accurate description and at least ten examples of deficiencies.
6.2 If the Client does not agree to accept the Product because of an alleged deficiency, it is necessary to check the Product with both Parties present. If the Client refuses, they waive their complaint and the Executor is not obligated to further handle the complaint, nor do they have to agree to the demands of the Client to solve the complaint.
6.3 The representatives of both Parties checking deficient Products and making agreements related to them shall have the rights needed to do so. If any agreements are made between representatives who do not have the authority to do so, it does not give the representative who overstepped their authority the right to back down from any agreements.
6.4 The Executor is not obligated to handle the complaint if the deadline for filing complaints has passed or the requirements established for filing a complaint have not been met.
7. Force majeure
7.1 Strike, work stoppage, fire, or other force majeure circumstances not depending on the Executor or the subcontractor free the Executor from the obligation to abide by the deadline.
7.2 If the aforementioned occurrence technically or economically hinders the completion of the order enough that it significantly damages the initial interests of the Client or the Executor or both regarding fulfilling the order or that fulfilling the order further would be overly complicated for one of the Parties, the Executor has the right to cancel the offer or the contract fully or in the non-realised part. In this case, the Client does not have the right to demand reimbursement for costs covered by them, with the exception of returning of the assets that the Executor has used.
7.3 The Executor shall inform the Client of the occurrence of force majeure within a reasonable time.
8. Payment conditions
8.1 The payment deadline is 14 days from the date given on the invoice unless another deadline has been agreed upon.
8.2 Payment conditions are agreed upon individually with each Client.
8.3 If an advance payment has been agreed upon with the Client and the advance payment has not been received by the set deadline, the Executor has the right to not release the Product until the invoice has been paid in full.
8.4 If the completion of the Product is delayed because of the Client, the Executor can present partial advance payment invoices starting from the completion deadline established in the contract in accordance with actual costs.
8.5 If the Client does not obey the payment deadline, the Executor has the right to charge a late payment interest of 0.2% per day of delay.
8.6 If the Client is neglectful about their obligations regarding the payment for the Product:
8.6.1 the Executor has the right to keep the Product or the source material until the full payment is made;
8.6.2 the Executor has the right to sell the Product from the second month after the payment deadline; the debt of the Client is decreased by the return on sales.
8.7 The Client shall be informed beforehand about keeping the Product or selling it.
9. Right of ownership and responsibility
9.1 The Executor accepts the order of the Client on the presumption that the Client has the right to share the source materials used to fulfil the order.
9.2 The tools, computer programmes, and other supporting materials obtained or created for creating the Product are the property of the Executor.
9.3 Printing plates that are made as end products and other materials that the Client ordered are the property of the Client.
9.4 All materials the Client gives to the Executor to complete the Product are the property of the Client. The Executor returns them if a request for returning is made within three months after the completion of the Product, excluding the case described in clause 8.4.
9.5 The Client becomes responsible for the Product when they receive it. The right of ownership for the Product is transferred to them once the price of the Product has been paid in accordance with the invoice sent for the Product. The moment of delivery is when the Client or a person they have authorised accepts or should have accepted the goods pursuant to the contract.
9.6 Materials that the Client gave to the Executor are preserved by the Executor for three months after completing the Product, unless the Parties have agreed otherwise, and the materials are moved according to the instructions and at the costs of the Client.
9.7 If the materials given to the Executor are of high value, the Client shall inform the Executor of this beforehand.
9.8 The Executor is not responsible for the legal relationships between the Client and a third party (copyright, ownership relations, etc.) or for the obligations of the Client deriving from legislation.
9.9 The Executor has the right of ownership until the Product has been paid for in full.
If the Client wishes to insure the given materials or the Product, they shall inform the Executor of this and pay the insurance premium.
11. General rules
11.1 The Client is responsible for any instructions and changes they give on the phone.
11.2 The sender is responsible for the delivery of messages between the Parties.
11.3 In order to fulfil responsibilities established in the Legal Deposit Act (passed on 12 February 1997), the Executor takes 8 (eight) legal deposit copies from among the circulation ordered by the Client and sends them to libraries provided in the Act at the expense of the Client.
11.4 In the case of contradictions between the general conditions of printed matter and the special conditions of a particular order, the special conditions that the Parties have agreed upon prevail.
12. Resolving disputes
12.1 Any disputes between the Executor and the Client are resolved by an agreement between the Parties. If an agreement is not possible, they are resolved in accordance with valid legislation.
12.2 Disputes between the Parties are solved by negotiations. If an agreement is not reached, disputes are resolved in the Harju County Court in accordance with Estonian law.
Requirements for source materials
Files can be transferred on a data medium, sent via e-mail at email@example.com or uploaded to the shared folder of our FTP server: ftp.printbest.ee (username: user; password: user). Regular clients have a personal folder with a password in our FTP. If you wish to have a personal folder, we recommend contacting the corresponding sales manager or write to firstname.lastname@example.org.
We only accept print-ready composite PDF files with CMYK or CYMK and spot colours, made from a PostScript print file with Adobe Acrobat Distiller 5 or newer, using recommended settings. We also recommend that the files go through pre-flight check. To avoid problems, we suggest using the PDF version 1.3 (PDF standard PDF/X-1a:2001). If the files are not presented as composite PDF files, the company has the right to add expenses related to converting the files into the suitable format. The clean format of the printed matter shall be in the centre of the PDF page, without any cutting marks or with cutting marks at a minimum of 3 mm outside the format. The name of the file shall contain the name of the project (in the case of books, a title, but not the author’s name) and the page number(s). If any corrected pages need to be sent later, the print shop shall be informed immediately. The file name of the new page shall contain the word ‘uus’ (new). If printing plates have already been made, additional costs are added to the total cost for making corrections.