©2023, CHICAGO WATERMARK COMPANY, ALL RIGHT RESERVED
PLEASE NOTE: Copier and scanner technology changes on a daily basis, and we go to great
lengths to adjust our paper qualities to accommodate those changes. However NO paper is
100% safe against ALL copiers and scanners. (Think MONEY) We make no representation
that our SuperSecure papers will defeat every copier and scanner on the market today.
1. Orders: Acceptance of your order is subject to credit card approval and/or credit checks or receipt of any deposits or full payments; receipt or generation of acceptable artwork suitable for WaterMarking and contingencies such as fire, water, strikes, theft, vandalism, act of God, and other causes beyond the control of Chicago WaterMark Company. No order can be cancelled once we have received your emailed approval of the WaterMark sample sheets.
2. Experimental Work: Experimental work performed at your request will be charged to you at our current rate of $55.00 per hour. This work may not be used without our written consent. YOU MUST REQUEST IN WRITING (or email) any Experimental Work. We will estimate the cost of such work PRIOR to beginning work on your order. Contact us for further information.
3. Creative Work: If you do not have a prepared logo that is suitable for WaterMarking, we will, without charge create 2 different artwork designs from your ideas and suggestions. Additional designs will incur an additional cost to be determined. Sketches, copy, dummies, and all other creative work developed or furnished by Chicago WaterMark Company are our exclusive property. Once your WaterMarked order is completed, delivered and paid for, title to the design used as your WaterMark is transferred to you without reservation.
4. Preparatory Materials: Artwork, dies, type, plates, negatives, positives, tapes, disks, and other items supplied by us shall remain the exclusive property of Chicago WaterMark Company. Special circumstances may allow the customer to receive and retain such items. Contact us for further information.
5. Images for your WaterMark: It is YOUR responsibility to maintain a copy of the original file of any supplied artwork. We are not responsible for accidental damage to media supplied by you. We do not consider an order as being accepted by us until you and Chicago WaterMark Company agree on a suitable design. Some designs are NOT suitable for WaterMarking. We will work with you to achieve an acceptable WaterMark.
6. Alterations/Corrections: You will be unable to cancel your order after you have approved, by your email, the samples of your WaterMarked paper. ANY alterations made AFTER you have approved the WaterMark Sample will be charged at our current rates. We will get your approval for charges before making any alterations. The delivery schedule will be altered due to any alterations requested by you.
7. Pre-WaterMark Proofs: We will send you a sample of your WaterMark by email or fax (you decide) for your review and approval. This will be an image of the design that will appear on your WaterMarked Paper. You will need to email your approval before we make any dies or prepare actual samples.
8. WaterMarked Proofs We will send you 10 sheets of your WaterMarked paper for your inspection and approval prior to completing your entire order. You will need email us an OK to proceed.
9. Overruns/Under runs: We will make every attempt to deliver you exactly the quantity that you ordered. However because of the complexity of the process, we reserve the right to have an Overrun or Under run of 5% or less. If we ship you less than the ordered quantity, we will tell you approximately how many sheets are missing. We will not discount or give credit to you for orders shipped within the 5% range. When we ship you MORE than the ordered quantity, we will NOT CHARGE you for the additional sheets.
10. Customer’s Property: We will keep the copy of the logo that you send to us, either by electronic email or by snail mail. Under some circumstances, we will agree to return all artwork and destroy & dies relating to your WaterMark. Contact us for further information.
11. Delivery: Unless otherwise specified, the price quoted is for a single shipment, without storage, to one address. Orders are based on continuous and uninterrupted delivery of the complete order. If you require delivery to more than one address, we may charge you an additional shipping charge based upon the place of delivery. Title for finished work passes to YOU upon delivery to the carrier at the shipping point or upon mailing. Or by email, of invoices for the finished work or a portion thereof, whichever occurs first. We are unable to warehouse your WaterMarked paper. Your order will be shipped within 48 hours of completion. You agree that you will accept our delivery schedule.
12. Production Schedules: There are three steps to the completion of your order: 1. Your approval of the WaterMark image sent to you by email; 2. Your approval of the ACTUAL samples of the WaterMarked sheets and 3. The final delivery to you. 13. Terms/Claims/Liens: Unless otherwise specified by email from us, all orders must be paid for in advance. Claims for defects, damages, or shortages that are more than 5% must be made by you in writing (email is OK) no later than 5 business days after delivery. If no such claim is made, we and you will understand that the job has been accepted. By accepting your WaterMarked paper, you acknowledge that our performance has fully satisfied all terms, conditions, and specifications. In the unlikely event of non- payment, you agree to pay all reasonable attorney and collection costs incurred. Chicago WaterMark Company’s Liability will be limited to the quoted selling price of defective goods without additional charge for special or consequential damages. YOU AGREE that in the event of a defect or damage, Chicago WaterMark Company has the option of replacing the paper in question at no charge to you or refunding your entire payment. If we choose to re-manufacture any or all part of your order, we may require a new set of proofs to be approved by you. We want to get it right. You also agree that you will allow us to arrange for the return of any or ALL of the WaterMarked paper at no shipping cost to you. 14-1. Liability: Disclaimer of Express Warranties. We warrant that the work is as described in our invoice. You understand that all sketches, copy, dummies, and preparatory work shown to you are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual WaterMark. We will send you ACTUAL SAMPLES of your WaterMark on the paper that you selected for your approval prior to completing the order. 14-2. Disclaimer of Implied Warranties. We warrant only that the work will conform to the description contained in our invoice. Our maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will Chicago WaterMark Company be liable for specific, individual, or consequential damages. 15. Indemnification: You agree to protect Chicago WaterMark Company from economic loss and any other harmful consequences that might arise in connection with the work. This means that you will hold us harmless and save, indemnify, and otherwise defend us against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. 16-1. Copyrights: You warrant that the subject matter to be WaterMarked is not copyrighted by a third party. You also recognize that because subject matter 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. You further warrant that no copyright notice has been removed from any material used in preparing the subject matter for WaterMarking. To support these warranties, you agree to indemnify and hold Chicago WaterMark Company harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. We may require that you submit written authorization to use certain logos that are copyright protected. You will reimburse us for any expenses, legal and otherwise that are incurred as a result of your violation of this clause. 16-2. Personal or Economic Rights: You also warrant that the WaterMark does not contain anything that is libelous or scandalous or anything that threatens anyone’s right to privacy or other personal or economic rights. You will, at your sole expense, promptly and thoroughly defend us in all legal actions on these grounds as long as Chicago WaterMark Company: 1. Promptly notifies you of legal action. and 2. Gives you reasonable time to undertake and conduct a defense. We reserve the right to use our sole discretion in refusing to WaterMark anything we deem libelous, scandalous, improper, or infringing on copyright law or any other law. You will reimburse us for any expenses, legal and otherwise that are incurred as a result of your violation of this clause. 17. Storage: We are unable to store your WaterMarked paper. You agree that we can ship your order with 48 hours of completion. You agree to accept delivery. 18. Taxes, Custom Fees, etc: If Sales Tax applies, it will be added to your order. However, all other taxes and assessments levied by any governmental authority are the responsibility of YOU. All amounts due for taxes and assessments will be paid by you. No tax exemption will be granted unless you send us your Exemption Certificate; (or other official proof of exemption) when you send us your approval of the WaterMarked Samples. If, after you have paid for your order, it is determined that more tax is due, then you must promptly remit the required taxes to the taxing authority or immediately reimburse us for any additional taxes paid.