Acceptance of Terms of Usage

These Terms of Usage govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Usage and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

FCI Digital reserves the right to make changes to this Site and to these Terms of Usage at any time without prior notice. You should review these Terms of Usage each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

General

All the terms and conditions and/or any transactions occuring online at www.fcidigital.com or by phone are subject to the laws of the State of Kentucky.  FCI Digital is not responsible for the delay and/or damages resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.   The tools available on www. fcidigital.com to create document is the property of FCI Digital and its affiliated companies.  The Buyer’s order shall be deemed an acceptance of the Seller's terms.  The Terms and conditions shall in all respects be governed by Kentucky law. 

Conditions of Sale     

Validity: Quotations not accepted within 30 days must be re-confirmed before acceptance, and may be amended or withdrawn. All quotations, regardless of date, may be adjusted to reflect fluctuations in international currency exchange rates, increases in paper and materials, and changes in fuel and freight costs. Changes in fuel index, split or drop shipments, changes in delivery location, accessorial charges, and unplanned logistical issues will be passed along to customer.

Objectionable Content: Supplier reserves the right to reject jobs that contain objectionable content, which includes nudity, sexually explicit images, politically sensitive material including maps, or religious matter. Regulations in some foreign countries require supplier to submit materials containing objectionable content for government approval to export prior to printing. If your publication includes objectionable content, please provide advance notification to obtain approval early to avoid delays. Switching to an alternate production facility may result in higher prices.

Customer Files: Unless otherwise stated, prices are based on customer providing printer ready PDF/X-1a files created from industry supported application files. Additional charges will apply if supplier must create the PDF/X-1a files. To ensure color accuracy when printing on coated paper, all CMYK images should be converted from RGB using printer specified ICC color profile. Jacket / cover PDF files should be accompanied by native application files to allow supplier to correct any file preparation errors including spine width. Standard preflight and file handling charges subject to change if preflight time exceeds 1 hour. When customer must resubmit corrected file due to errors discovered during preflight an additional preflight fee will be charged. Replacement pages sent during preflight, after color proofing, and at blueline stage will be billed at prevailing rates.

Color Proofs: Customer may submit color prints for reference purposes with files but supplier makes no guarantee these can be matched during proofing process or on press due to variation in output conditions. Color critical jobs require contract color proofs for every critical image, output on supplier’s equipment. Should customer decline having supplier output color proofs, job will be run at standard ink densities to pleasing color; customer agrees to accept printing "as is" and no claims regarding color variation or fidelity will be considered.

Schedules: Production schedules provided by supplier are estimated and not guaranteed unless specifically stated as such by supplier. Schedules are subject to change during the course of production when there are delays associated with proof approval or equipment failure. 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 supplier. In such cases, schedules will be extended by an amount of time equal to delay incurred. Air freight requested by customer to make up for delays will be added to the final invoice at prevailing rates if not specified at time of quotation and/or agreed to by supplier.

Freight: Unless otherwise specified, the price quoted is for a single shipment, without storage, FOB supplier's platform. For international shipments presented CIF, prices include ocean freight to the port and marine insurance against all risks to customer's warehouse. Shipments quoted DDP include US Customs clearance and delivery to customer warehouse with a standard 48” loading dock. Customer must inform supplier in advance for shipments requiring residential delivery, lift gate truck, pallet jack, and/or inside delivery. Charges for these services will be added to the invoice if not specified at time of quotation. US Customs examination fees, including transportation to inspection warehouse are responsibility of customer. 

Delivery: Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, supplier will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to supplier, or from the customer's representative to supplier are not included in quotations unless specified. Title for finished work passes to customer upon delivery to customer's warehouse or carrier.

Damage in Transit: Any damage caused in transit must be reported within 48 hours after delivery. Customer must inspect good at time of delivery and note any visible damage on signed delivery receipt. Photographic documentation must be submitted in support of claims.

Digital File Storage: Digital files are archived in our plant free of charge. Storage is at the customer's risk and supplier will not be held responsible for any loss or damage of files, although all due care will be taken. Requests for images and PDF files to be provided on DVD to customer upon job completion will be invoiced at $125 if given at time of order. Archived files are subject to an additional $75 fee.

Order Cancellation: Upon receipt of signed quotation or purchase order, materials for the job will be ordered or reserved immediately by supplier. Should the customer cancel the job for any reason prior to blueline approval, paper is subject to a restocking fee of 30%; other custom ordered material may be at 100%. Any charges incurred during prepress will be billed at current rates or as quoted. Orders may not be cancelled after blueline approval (customer OK to print) and will be invoiced at prices quoted.

Variance: Overs/unders will not exceed 10% or as otherwise stated on the quotation. Supplier will bill for actual quantity delivered within this tolerance unless otherwise agreed. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

Payments: Payment is by company check net cash in calendar days from date of invoice as specified. All credit card payments are subject to 3% convenience charge to cover bank processing fees.

Taxes & Duties: All amounts due for taxes, duties and assessments (both foreign and domestic); and all such charges are the responsibility of the customer. No tax exemption will be granted unless customer's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after customer has paid the invoice, it is determined that more tax and/or duty is due, then the customer must promptly remit the required taxes/duties to the taxing/customs authority, or immediately reimburse the supplier for any additional taxes/duties paid.

Terms/Claims/Liens: Claims or defects, damages, or shortages must be made by the customer in writing no later than 30 calendar days after delivery. If no such claim is made, supplier and customer understand that the job has been accepted. By accepting the job, customer acknowledges supplier's performance has fully satisfied all terms, conditions, and specifications. Supplier's liability is limited to the quoted selling price of defective goods, without additional charge for special or consequential damage. As security for payment of any sum due under the terms of an agreement, supplier has the right to hold and place a lien on all customer property in supplier's possession. Supplier also has the right to cease production and/or shipment of all work/orders under contract. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed.

Reservations

All orders are subject to acceptance by FCI Digital. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time even after we receive the order.

Returns

Due to the nature of the product, no returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise. We will not replace the order if it is determined by us that the order was misused or mishandled by the buyer or part of the order was used by the buyer and part of the order is being returned.

Credit Card

If the Buyer's credit card is declined, FCI Digital will not process the Buyer’s order. If the order is shipped and should the Buyer's account become delinquent, Buyer agrees to pay a monthly finance charge of 2% (annual percentage rate of 24%) on the unpaid balance. If an account goes beyond the payment term's due date, unless specific arrangements are made, future purchases will require advance payment. In the event that Fcidigital must commence legal action to enforce any terms of this agreement, the Buyer agrees to pay reasonable legal fees and costs.

Warranty

FCI Digital neither makes any explicit warranty nor imply or accepts any responsibility other than possible replacement of the products that Buyer is buying.  FCI Digital may but does not guarantee the replacement of the defective product, or credit the amount of the purchase price. 

Shipping

Shipping terms are F.O.B. final destination.  FCI Digital l will arrange for shipping with the carrier on behalf of the buyer.  The Buyer will be fully responsible for the shipping and handling cost.  FCI Digital will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier.

Limitation of Liability

FCI Digital will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations.  FCI Digital shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages.  The Buyer agrees that the Buyer will not hold FCI Digital responsible for any and all loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against FCI Digital and its affiliated company (S) on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights.

Cancellations and Refunds

FCI Digital and its affiliated company Four Colour Print Group will not refund any money for the orders that were shipped or were cancelled after the order was being processed.