Terms and Conditions
Important information about COLOR REPRODUCTION
Election Marketplace prints using a method called Gang-Run Printing. This is a process that provides affordable four-color printing. “Gang Run Printing” will combine your job with others having similar sizes and requirements. This allows production costs to be spread out over several jobs, greatly reducing the make-ready/plate charges for each customer. All work is carried out by skilled professional on state-of-the-art equipment to assure quality work at affordable prices. What makes us different from other gang run printers is the type of printing press we use. Our offset KBA press uses waterless inks. This means your order should print based on the color break down of your file and when you reprint your job the color should remain constant with if any only a minor shift.
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance. We accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process.
If a job is unacceptable due to defects in workmanship, we will re print and ship out the job to you at no cost, or issue a future credit. No cash refunds are offered. Please note that the FULL original run must be returned to us and inspected. This guarantee does not cover customer errors such as low resolution images, poor photography or incorrect copy. We will make every effort to produce a reasonable representation of your job based on your supplied materials. However, note that Election Marketplace does not guarantee color matching so defects due to color matching cannot be honored. If a color proof is requested for critical jobs, we guarantee the color proof to match the final printed piece within recognized industry standards.
- Prices posted on this web site are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
- Payment Terms
- All orders must be prepaid due to the speed of our turnaround. We reserve the right to place your job on hold if the credit card declines or if we are waiting for payment via check. If we receive a check we can wait up to 4 days for that check to clear before proceeding with order. Net Accounts must be pre-approved. Credit card will be charged if payment is not received within 30 days from order approval. Additionally, you agree that should a check be returned to us, or an outstanding balance greater than 30 days you authorize Election Marketplace to charge all outstanding payments to other forms of payment (such as a credit card or debit card) that you have filed previously with Election Marketplace.
- Election Marketplace reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. Election Marketplace is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to Election Marketplace for printing and/or publication.
- Due to the quick nature of our business, we process jobs as soon as we receive them. All sales are final. Credits are not available on orders unless the proof has not been generated or the files have not been prepared for print. Orders can not be canceled after 4:00 PM. In the case of a credit on an order that printing has not started, a $10 processing fee will be charged for Printing only jobs and a $35 fee will be charged for Mailing Services jobs where we have already processed your mailing list. If an order is cancelled after we have sent you a proof a $35 fee will be charged.
If you need to cancel an order you have placed, you must call (800) 716-7196 and speak to an Election Marketplace representative to avoid ANY costs other than the above processing fees.
All orders that exceed 15 business days from the time a proof is sent ( including design proofs and pre press proofs), will not be refunded. Design charges may apply for date or graphical changes to accommodate the delay in print.
Please note that, due to contractual terms with our list service provider, we are unable to refund any aspect of a list order purchased through our list portal.
If you need to cancel an order you must email customer service at email@example.com then follow up by calling (800) 716-7196 and speak to an Election Marketplace representative to avoid any confusion with cancellation charges.
- Accuracy of Specifications
- Quotations are based on the accuracy of the specifications provided. Election Marketplace can re quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with Election Marketplace are to the client’s knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
- Election Marketplace liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. Election Marketplace warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. Election Marketplace makes no other warranty and no actions or words of Election Marketplace or its officers, employees or agents shall constitute a warranty.
- The customer represents that it has the legal right to produce all printed materials ordered from Election Marketplace. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against Election Marketplace based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by Election Marketplace ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold Election Marketplace harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending Election Marketplace against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing Election Marketplace for any legal fees and expenses it reasonably incurs in responding.
- Electronic Manuscripts/Images
- It is the client’s responsibility to maintain a copy of the original computer files, artwork and transparencies. Election Marketplace is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until Election Marketplace can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. Election Marketplace does not archive your work for longer than it takes to produce the final product. Please save your work!
- DO NOT send any “one-of-kind” transparencies, prints or artwork.
- Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current rates.
- If you select “online proof” we will send you an email notice shortly after receiving it in our production department, this can take up to 24 hours when we are very busy, so please reply as quickly as possible. Please take note that an online proof is by no means an accurate color reproduction of your final printed piece but, is a final opportunity for you to check the layout, bleeds, crops and final text. If you select No proof the requested job will be sent to press without your approval. By selecting “NO PROOF” you agree that anything wrong with the file, including but not limited to (spelling, bleeds, resolution, file size, and file format) is strictly the customers responsibility.
After we send you an online proof and you determine that you need to submit new files you can do so by clicking “Upload New Files”. Please give us a call or email after new files have been uploaded. Due to the time it takes to pre-flight and prep your files, a $25 fee will be assessed each time you submit new artwork. If you need to submit new files because the original files are corrupt you will not be charged.
By the time your job gets in our hands and we are ready to go to print, all edits should be finalized, the copy carefully proofread and all design issues should be settled. We we will not take responsibility for any copy or design errors committed on your part. Election Marketplace is also not responsible for any wrong dates or misspelled words in files submitted by customer or jobs approved by customer upon design completion.
Election Marketplace will not be responsible for undetected production errors if:
Proofs are waived by the client;
The work is printed per the client’s written or verbal OK;
If No Proof was selected.
All requests for changes of any kind must be made in writing to avoid mistakes.
- Color Proofing
- Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.
- **Please note that the size of your final printed piece can actually be a 1/16 of an inch small than size ordered due to the thickness of the blade and the layout of a gang style run. **
- Overruns/Under runs
- Election Marketplace will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. The generally accepted trade practice is plus or minus 5%.
- Charges for delivery of materials and supplies from the client or the client’s supplier to Election Marketplace are not included in quotations unless specified. Election Marketplace is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first.
- Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, Election Marketplace and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that Election Marketplaces performance has fully satisfied all terms, conditions and specifications.
- Disputes & Venue
- For legal purposes, the venue for any dispute shall be Miami Dade County, Florida, USA
- Right to Subcontract
- Election Marketplace shall have the right to assign any portion of the work required to another contractor
- Workmanship Guarantee
- We guarantee all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the order, issue credit, or process a refund at our discretion. Please see RMA Returns.
- Turnaround Guarantee
- Election Marketplace guarantees its turnaround. Please review each product page for specific turnaround times.Turnaround begins after you approve your proof. If you approve your proof after 4pm it will be considered approved on the next business day. Business days are considered Monday – Friday. Holidays are excluded. Please note that folded, scored, die cut, sell sheets, data sheets or any other jobs that require any production besides printing and cutting will add to your turnaround.
- Privacy Statement
- Any information Election Marketplace collects from order processing or from any inquiries is not shared with any other company. Your information is only used for contact, billing, and shipping purposes. Your credit card information is never stored by Election Marketplace.
- Please see privacy statement
- We reserve the right to distribute free samples of your order. Your images will not be used in any national advertising without your prior consent.
- Your credit card bill will read “Diaz Consulting Group, Inc”
- Inkjet Proofs
- Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a “pleasing color” standard, using standard ink densities. There is no guarantee that your finished piece will match your printed sample. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices,and film-based proofs.
- Election Marketplace may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise.
- Postage Credit card fees
- Election Marketplace adds 4% to all postage costs. This cost covers our credit card processing fee. This charge is only for postage due to profit margin of postage.
- Approved Proofs
- When a proof is approved you are agreeing that spelling, dates, phone numbers, and layout is ready to print. Election Marketplace is not responsible for any errors once the proof has been approved.
- Design Copyright
- All materials we create in producing your postcard are the property of Election Marketplace. This includes typeset layouts and color scans. These materials will NOT be sold or given to any other party.
- Design Revisions
- All prices include 1 comp and 2 revisions. Additional comps will be billed at $75 an hour in 15 minute increments.
- NCOA Certification
- The collection of information on this Processing Acknowledgement Form (PAF) is required by the Privacy Act of 1974. The United States Postal Service® (USPS®) requires that each NCOALink Licensee have a completed NCOALink PAF for each of their NCOALink customers prior to providing the NCOALink service. The Licensee is also required by the USPS to retain a copy of the completed form for each of its customers and to obtain an updated PAF from each of its customers at minimum once per year. Any signature upon this PAF shall be considered valid for all purposes and have the same effect whether it is an ink-signed original or a photocopy or facsimile representation of the original document. By agreeing to terms and conditions you give us the authority to act as your agent to send your list to BCC Software to NCOA Certify your mailing list. All information will remain confidential.
Prices are quoted based on the information located on web site, unless specifically stated otherwise in the written quotation. Prices quoted are based on specs given at the time of the request for quotation and are subject to review when pieces have been received. To avoid any misunderstanding, all mailing services instructions should be in writing. Instructions not provided in writing may lead to problems for which we cannot be responsible.
Scheduling and Turnaround
All Print jobs with Mailing Services will add 2-3 business day to the following posted Turn-Around Times.
We require at least 2-3 days for job processing of mailing services starting from the day we receive your mailing (data) list and after the piece is in the mail department. WE CANNOT MAIL YOUR JOB WITHOUT RUSH FEES IF YOU DO NOT PROVIDE YOUR MAILING LIST 4 BUSINESS DAYS FROM THE REQUESTED MAILING DATE. This allows us processing time to insure your piece is mailed without any issues. In the event your print or mail schedule changes, please inform us immediately; we will make every effort to accommodate the revision.
If you are mailing a time dated piece, be sure to include requested delivery date when placing your order. Standard (Bulk, 3rd Class) is the most cost effective way to deliver your mailer however will take longer than First Class, if your mailer is a time sensitive piece, please choose First Class.
Data lists should be in ASCII, Excel, Access or Data Base formats. The list should contain a header format. We will address verification, remove all duplicates, correct zip codes, add zip +4 designation, add pre sorted barcode, and CASS certify.
To allow sufficient time for payment deposit with the USPS, when you use our permit number, we require that all checks and credit card payments for postage be in our possession (3) three days before your mail date. If a postage deposit is not received, we cannot advance the postage required, and the U.S. Postal Service will not accept your mail. UNDER ABSOLUTELY NO CIRCUMSTANCES WILL POSTAGE BE REFUNDED FOR ANY REASON ONCE A JOB HAS BEEN MAILED BY THE U.S. POST OFFICE. Please make certain that you have advanced adequate postage to cover your entire mailing, including international fees if applicable. When using your own permit, funds must be deposited the day prior to the scheduled drop date and a copy of the postal receipt faxed to our office. If funds have not been deposited, causing us to bring the mail back, you will be charged a trip fee.
Limitations of Liability for Mailing Services
OUR LIABILITY FOR ANY ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES HEREUNDER IS EXPRESSLY LIMITED TO THE VALUE OF THE WORK PERFORMED.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO ANY CUSTOMER FOR SAID CUSTOMER’S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF ANY ERROR, MISTAKE, OR FAILURE OF US TO PERFORM SERVICES. THIS INCLUDES BUT NOT LIMITED TO; LIST ADDITIONS, REQUESTS MADE AFTER ORDER APPROVED, AND USPS ERROR. Election Marketplace shall not be liable for USPS performance failures or delivery delays.
When using our Mailing Services, Election Marketplace shall be liable to rectify 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 work performed.
Customer’s mailing list(s), while in the possession of Election Marketplace 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 Election Marketplace will not utilize the list for any other purpose.
The chargeable items listed below are not included in prices quoted unless specifically stated:
- The packing and handling of overages will be billed at current rate plus materials and freight charges.
- Storage charges on material held more than 60 days after job completion will be billed at current rate per skid or square foot of space used on a monthly basis. Any materials requiring storage for a period of ninety days or longer will be subject to long term storage charges unless agreed upon prior to order being placed.