Terms & Conditions


Please review Solo Printing™ (SOLO) Terms & Conditions VERY CAREFULLY. All projects and jobs are unique and SOLO cannot anticipate questions or issues that may come up, or make assumptions about any customer’s needs or expectations, unless Solo is advised and notified in writing in advance. By paying the invoice, Customer agrees to ALL TERMS & CONDITIONS set forth below, without exception. These terms and conditions shall constitute the agreement between Solo and Customer (this “Agreement”).   If Customer has any questions or concerns before proceeding with the order, it is Customer’s responsibility to clarify these questions IN WRITING with Solo’s management.  Reference to “Finished Product” (either in the singular or plural) shall mean the work completed by SOLO and/or the finished printed product or material, or the finished job or work referenced in the invoice.

 
  1. Quotations/Estimates. A quotation or estimate produced by SOLO’s online store not accepted within 48 hours is withdrawn and is subject to change.

  2. Accuracy of Quotation. The accuracy of SOLO’s Instant Quote Calculator is based on the specifications provided by Customer. SOLO will modify and invoice the job order in accordance with the specifications of the files received, regardless of whether they match the information provided on the original quotation.

  3. Invoice. After file upload, Customer will be provided an invoice for review and payment. This invoice shall serve as the contract between SOLO and Customer for the job order. It is vital that Customer review all information in the invoice before paying the invoice.  By paying the invoice, Customer is confirming the specifications of the job, including without limitation, the shipping address, proof format (i.e. eProof, physical proof), ancillary services (i.e. design/layout hours, ISBN), size of book, binding type, paper types, and method of shipment.  Customer acknowledges that the shipping date on the invoice is generated based on a rough estimate based on pending orders in process.  However, the ship date on the invoice does not constitute a guarantee or promise of any kind, and is likely to vary depending on a multitude of factors that cannot be anticipated at time of order, including without limitation, response times by the Customer, date of payment of invoice, changes or delays during proofing, customization, acts beyond the control of SOLO.

  4. Orders.  Payment of the invoice shall be deemed as acceptance of the order. Costs begin accruing at the moment Customer accepts its order by paying the invoice. Payments are NOT REFUNDABLE if the order is cancelled by Customer.

  5. Modifications/Changes.  Prior to the job being scheduled for print, Customer modifications may be requested, and SOLO will take efforts to accommodate such modifications and modify the order and provide a revised invoice which will include any added costs and fees of SOLO.  All orders, changes or approvals must be in writing.  Customer modifications or changes include any instructions or changes provided to SOLO after the original specifications or instructions. All modifications or changes made after the first proof or any modifications or changes to ‘print ready’ files will be billed additionally to Customer at Solo’s standard rates.  The order for modifications or changes will be considered changed upon acceptance and payment of the revised invoice (if additional payment is required) and written approval by SOLO.  Customer understands that upon a request for a modification of the order, the job will be removed from the Finished Production schedule and upon approval of the modification and payment of the revised invoice (if additional payment is required), the Finished Production time will recommence.  If further revisions are required after approval has been received by Solo, Customer agrees to pay any additional charges incurred by Solo, including without limitation, equipment setup time and down time.  SOLO does not accept orders, changes or approvals verbally.

  6. Files/Manuscripts/Images.  Customer assumes full responsibility for maintaining a copy of any submissions made to SOLO.  SOLO is not responsible for damage to (or loss of) media supplied to us.  Until submissions can be evaluated by SOLO’s staff, no claims or promises are made by SOLO regarding its ability to work with the materials submitted to SOLO.

  7. Proofing. SOLO will supply a digital proof or physical proof (if invoiced) for the Customer's review.  Customer agrees to carefully examine all proofs for accuracy of information and imagery, as well as spelling, punctuation, numbers, graphics, colors, and general layout.  Customer agrees to quickly respond in writing that the proof is approved or indicating that changes are required.  If changes are requested, Customer may either provide one additional version of its media file, or can request to have SOLO make the requested changes to the original media file.  However, Customer acknowledges that changes to the original media file are not always possible and will be evaluated by SOLO on a case by case basis.  Multiple submissions, whether by email or using the online portal provided by SOLO, will delay the print job and may incur additional costs. Proofs once accepted and/or approved by the Customer shall be final once the Finished Production cycle commences.

  8. Flaws or Mistakes Found after Order is Complete. While SOLO will typically communicate errors and flaws that SOLO uncovers, SOLO does not review files for spelling, grammar, layout, or any other type of flaws or errors.  It is imperative that Customer check all proofs for errors or flaws, regardless of who may be responsible for such errors or flaws.   If Customer is unsure or confused by the online proofing software or simply requires assistance, it is Customer’s sole responsibility to request and pay for a printed proof, or request assistance or clarification from SOLO.  SOLO will proceed with the print job only upon Customer’s approval.  SOLO will not be responsible for any errors or flaws if (a) proofs are waived by the Customer, (b) the job is printed with the Customer’s approval, or (c) request for changes or modifications were communicated verbally.

  9. Color Proofing. If Customer’s order has specific or critical color requirements, SOLO highly recommends that Customer request a printed proof.  Customer acknowledges that computer monitors display colors differently, and all printing presses interpret colors differently.  A variation in color between your monitor and the completed job is to be expected.  Additionally, in digital printing, there can be slight changes in color when a job is re-ordered.  SOLO will not be responsible for color variations.

  10. Customer's Property. SOLO is NOT obligated to maintain fire and extended coverage on property or materials belonging to the Customer while the property or materials of Customer is in SOLO’s possession.  Customer agrees to maintain its own insurance for such property or materials of Customer while in SOLO’s possession.

  11. Delivery, Transportation; Mailing. Unless otherwise specified in the invoice, the invoice price is for a single shipment, without storage, leaving from Miami, Florida.  Prices quoted on the invoice are F.O.B. Solo’s Dock.  Therefore, charges for delivery of materials and supplies from the Customer to SOLO, or from the Customer's supplier to SOLO are not included on the invoice unless specifically included and specified.  Title and risk or loss for the finished print job passes to the Customer upon delivery to the agreed upon carrier and leaving Solo’s premises.  All delivery sites of Customer must have a truck-level dock with an approximate height of 48” with a dock plate (“Acceptable Delivery Dock”).  Delivery drivers do not unload, drive forklifts or push pallet jacks with basic dock-to-dock shipping.  There must be a forklift present at the destination with personnel to unload the truck so that all the driver need do is back the truck in and open the door.  All shipping charges shall be Customer’s responsibility.  Any carrier (regardless if arranged and/or paid for by Solo for Customer) shall be Customer’s agent.  Solo shall not be responsible for damage or losses in transit or delays, strikes, etc., of any carrier. All claims arising from transit must be filed by the Customer against the carrier.  In the event that SOLO undertakes to deliver to a local destination in South Florida (“Local Delivery”), such delivery will be to Customer’s local location having an Acceptable Delivery Dock.  SOLO drivers making a Local Delivery will not be required to unload, drive forklifts or push pallet jacks. Customer agrees to indemnify and hold SOLO harmless from and against all claims and liabilities arising out of the failure of any of Customer’s insert or mailing materials to conform to any rules or regulations of any carrier in connection with size, markings, labeling, inserts or any other matter, including without limitation, any loss of rate/fee discounts charged to SOLO by reason of such non-conformity. Prior to delivery or shipment of the Finished Product, the Customer must deposit with carrier or SOLO, sufficient funds to cover all postage, delivery or shipping costs.  SOLO does not guarantee mailing, shipping or delivery schedule.  Term “carrier” shall include the postal service, or any common carrier, leased carrier or any other delivery service, but will exclude SOLO employees making a Local Delivery.

  12. Production Schedules. Production schedules are constantly being established and revised by SOLO depending on the amount of jobs in the Finished Production queue of SOLO.  Customer agrees that SOLO will not be liable or responsible for delays in production or delivery of the print job caused by or due to events or acts of force majeure, war, riot, civil disorder, fire, strikes, accidents, unexpected equipment breakdown, loss of power, action of government or civil authority, acts of God, delays caused by Customer, or other causes beyond the control of SOLO (each a “Delay Event” and collectively “Delay Events”).   Should a Delay Event occur, the Finished Production schedule will be extended accordingly.  Production time refers to business days (i.e., weekdays, excluding holidays). Starting on the first business day following Customer’s written approval of the proof, SOLO will endeavor to include the print job of Customer in the first available production schedule of SOLO.  Quoted production time DOES NOT include shipping time to Customer.  The term production time refers to the amount of time between Customer’s approval of the proof and when the order is ready for pickup by the carrier at SOLO’s facility.  If Customer has a specific date it must receive the print job, Customer must communicate such in writing to SOLO and obtain the written agreement of SOLO prior to paying the invoice.  SOLO will make a reasonable effort to accommodate, though a rush production or shipping fee may apply.

  13. Payment Terms. Payment of the invoice must be made in full before SOLO schedules the print job for production.  SOLO accepts Visa, MasterCard, Discover or American Express.

  14. Claims for Defects. Claims for defects, damages, or shortages must be made by the Customer in writing no later than ten (10) calendar days after receipt of the order.  SOLO can and will assist in filing any necessary claims with shipping carriers to the extent that SOLO has any standing to do so.  However, SOLO shall NOT be liable for damages that occur during shipment.  If Customer signs for a shipment that was damaged in transit by FedEx, UPS, USPS or any other carrier, SOLO will not file a claim.

  15. Disclaimer of Express Warranties and Liabilities. SOLO warrants that the Finished Product will be as described on the invoice.  Customer understands that all sketches, copy, dummies, preparatory work, and proofs shown to the Customer are intended only to illustrate the general type and quality of the work.  Such sketches, copy, dummies, preparatory work, and proofs are not intended to represent the Finished Product.   SOLO’s maximum liability for actual damages, whether by negligence, contract, or otherwise will not exceed the amount invoiced for the work and under no circumstances, will SOLO be liable for special, incidental, or consequential damages.

  16. Indemnification. Customer agrees to protect, defend and indemnify SOLO and hold it harmless from any loss or claim or damage arising out of any act or omission on the part of Customer, including without limitation, Customer’s (a) breach of any covenant, agreement, warranty or representation in this Agreement, (b) violation of any foreign or domestic law, (c) commission of a tort, including an act of negligence, (d) distribution, dissemination, misuse, or handling of any work, product or the Finished Product provided by SOLO to Customer or Customer’s client in any fraudulent or deceptive manner or in violation of any consumer rights or laws, and/or (e) delivery or providing of any content to SOLO that violates its representations or warranties in this Agreement for the purpose of printing or disseminating same.

  17. Intellectual Property, Personal or Economic Rights and Infringement.Customer represents and warrants that no artwork, text, image, content, information, figure, material or subject matter to be printed (collectively, “Content”) furnished by Customer to SOLO for the purpose of printing or disseminating (a) is slanderous, libelous or defamatory to any person, or (b) is copyrighted by a third party or will in any way (directly or indirectly) infringe on or violate any intellectual property or proprietary rights of any person, including without limitation, copyrights or trademarks, or (c) contains any content or material that is offensive, defamatory, pornographic, obscene, unlawful, deceptive or false, libelous, scandalous, or which invades any person’s right to privacy or other personal or economic rights, or violates any applicable statute, rule or regulation.  Customer further represents and warrants that it has the authority to have the Content printed or disseminated by SOLO. Customer recognizes that because Content 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.  Customer further warrants that no copyright or trademark notice has been removed from any Content.  SOLO reserves the right to use its sole discretion in refusing to print anything SOLO deems libelous, scandalous, improper, or infringing on copyright law.

  18. Storage. SOLO retains copies of production files used until the related end product has been accepted by Customer.  SOLO reserves the right to store copies of production files for an additional period, but SOLO shall not liable for any loss or damage to any such stored material.  While in SOLO’s possession, Customer shall pay SOLO the cost of storing and maintaining printed materials and supplies not scheduled for use or delivery, including Finished Product with no current distribution and/or shipping instructions, printed signatures to be held for future bindings, any Customer supplied inserts, and polybag materials, cartons, and/or other finishing supplies to be warehoused by SOLO for use in future jobs or orders.  Storage fees shall be charged at the standard monthly rate, unless agreed otherwise in writing.

  19. Taxes. All taxes and assessments levied by any governmental authority are the responsibility of 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) is provided prior to paying the invoice. If, after Customer has paid the invoice, it is determined that more tax is due, then Customer will promptly remit the required taxes to the taxing authority or immediately reimburse SOLO for any additional taxes paid.

  20. Standard Colors, Overruns/Underruns; Credits.  SOLO’s standard ink colors will be used, unless otherwise agreed to in writing.  Reasonable effort will be made to duplicate color specified; however, same is not guaranteed.  Overruns or underruns that do not exceed one thousand (1,000) or two percent (2%) of the amount ordered, whichever is greater, shall constitute an acceptable delivery, and the excess or deficiency shall be charged or credited to the Customer accordingly.  No refunds shall be due to Customer with respect to any credits.  After the one (1) year period, any such credits shall expire worthless.

  21. Claims. Absent gross negligence or willful misconduct, SOLO shall not be responsible for any other costs or damages, including without limitation, loss or damage to Customer’s property in SOLO’s possession, including without limitation, manuscripts, art, film, plates, engravings, paper, and/or digital file and images, for any reason, including acts of negligence of SOLO.  Upon receipt of the Finished Product, Customer shall inspect the Finished Product and the packing list and shall immediately notify SOLO of any defects or deficiencies in the Finished Product or inconsistencies with the packing list, including packing deficiencies, shortages, misprints, quality of print or printed images.  Failure of Customer to notify SOLO in writing via fax or email of any deficiency or problems within five (5) business days from receipt of the Finished Product shall be conclusive proof that the Finished Products were received by Customer without deficiency or shortages in conformity with the packing list.  SOLO shall in no event have any responsibility for (a) any damage caused to the Finished Product during delivery, or (b) poor quality of printed materials due to poor quality of pictures or images (including blurry or distorted pictures or images) provided to SOLO by Customer.

  22. Taxes. Customer is responsible for any taxes (including sales or ad valorem taxes) that may be due on the Finished Products of SOLO as prices quoted in this Agreement do not include any taxes. If exempt from sales tax, Customer will furnish SOLO with a State of Florida sales tax exemption certificate; otherwise Florida sales tax will be paid by Customer.

  23. Default. Customer shall be deemed in default upon the occurrence of any one or more of the following events (“Event(s) of Default”): (1) if any payment of any sum due to SOLO is not paid promptly when due, with or without notice, time being of the essence; (2) if a petition is filed by or against Customer seeking or acquiescing in any reorganization, liquidation, dissolution or similar relief under any laws relating to bankruptcy or insolvency; or (3) if any information, warranty  or representation in this Agreement shall prove to be incorrect or false. Upon an Event of Default, SOLO, at its option, may declare all unpaid monies immediately due and payable.  SOLO shall be entitled to recover from the Customer reasonable attorneys' fees and costs in any lawsuit or proceeding against Customer for the collection of monies due under this Agreement and for a claim of indemnity.  As to all other claims and disputes, each party shall bear their own respective attorney’s fees and costs.  Notwithstanding SOLO’s approval of the order or payment of the invoice by Customer, SOLO may discontinue any the job or order for Customer under this Agreement upon an Event of Default. Customer represents that there are no actions or proceedings now pending in any State or Federal Court to which the Customer is a party including, proceedings in bankruptcy or insolvency, nor are there any judgments or liens of any nature against Customer.

  24. Jurisdiction; Venue; Jury Trial Waiver.  Customer acknowledges that it has sufficient and substantial (and not isolated) contacts within State of Florida. As such, Customer agrees and submits itself to the jurisdiction of Florida courts, and agrees that Miami shall be the exclusive venue for any dispute between the parties or relating to this Agreement which shall be governed by Florida law.  The parties hereby knowingly, voluntarily and intentionally waive the right either may have to a trial by jury in respect to any litigation arising out of, under or in connection with the Finished Product, the invoice, or this Agreement, or any course of conduct, dealings, statements (whether verbal or written) or actions between the parties.

  25. Delays. SOLO will employ reasonable efforts to perform under this Agreement promptly according to a reasonable production schedule, which shall be mutually agreed upon in writing, but reserves the right to halt printing activities due to safety concerns or maintenance of printing equipment as it deems best or necessary.  Delay in furnishing SOLO with all or any Content, materials or approvals necessary for production may result in an extension of the scheduled delivery date or additional charges for cost of accelerated production at regular overtime rates.  Moreover, should there be a delay due to the paper mill not being able to deliver on schedule, or for other reasons beyond the control of SOLO, a new production schedule will be agreed upon.  The pricing structure is based upon the terms of this Agreement.  Notwithstanding anything to the contrary, SOLO shall not be liable for failure to deliver the Finished Product nor shall any credit allowance or other remedy be extended, for any failure of performance or breach due to causes beyond the reasonable anticipation and/or control of SOLO (including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, energy interruptions, injunctions, labor strikes, equipment or software malfunction, delays caused by Customer, embargo, or any delay or breach of contract by carriers, suppliers or other contractors with whom SOLO has contracted for the furnishing of labor, materials, supplies, energy or transportation).

  26. Liability of SOLO is Limited. Customer understands that the potential liability to SOLO is grossly disproportionate to SOLO’s monetary remuneration due to the size, scope, and value of this Agreement.  Therefore, Customer agrees that SOLO shall not be liable to Customer for any incidental, indirect, special or consequential damages, including without limitation, lost sales, lost profits, advantage, savings or revenues of any kind or increased cost of operations (whether or not SOLO was advised of the possibility of such damages, or whether or not occasioned by SOLO’s own negligence or the negligence of any employee, contractor or agent of SOLO) suffered by Customer in connection with or relating to this Agreement, the Finished Product or any course of dealing or transaction between the parties, or arising out of or relating to any action, omission, or other conduct of SOLO, including but not limited to, the active negligence or other fault of SOLO (except for claims that cannot be waived or disclaimed by law).  This Section is a material inducement for SOLO extending this Agreement.

  27. Warranty. SOLO warrants that the Finished Products will be delivered according to the (a) terms and conditions of this Agreement and (b) standards acceptable in the printing industry from the reproduction of the Content furnished by Customer.  This warranty is exclusive and in lieu of any other express or implied warranties, including, but not limited to, any implied warranty of merchantability or fitness for particular purpose.  SOLO makes no other warranties, express or implied, with respect to Finished Product and specifically disclaims any warranty of title or non-infringement or any warranty with respect to Finished Product arising by usage of trade, course of dealings or course of performance.  SOLO does not authorize anyone to make a warranty of any kind on its behalf and Customer should not rely on anyone (including Sales Representatives) making any warranty.  SOLO shall not be responsible for any errors, omissions or costs resulting from Customer’s proofing or faults in any electronic transmission. Customer is advised to check with SOLO that all electronic data arrived intact and files were not altered by changes in software between the parties.

  28. Miscellaneous. The terms and conditions in this Agreement shall control all dealings between Customer and SOLO.  This Agreement may not be assigned by Customer. SOLO may assign any or all of its rights and/or obligations under this Agreement and upon any such assignment, SOLO shall be relieved of all further obligations.  Any notices given in connection with this Agreement shall be in writing and delivered by courier or by first-class registered mail to 7860 NW 66th Street, Miami, Florida 33166; Attn: Management and Legal Department.  At SOLO’s sole option, SOLO may rely on an email from Customer transmitting instructions to SOLO.  The term “person” shall include any individual, entity, association or trust.