General Terms and Conditions of Sale and Special Conditions of Pulsio Print

A major world printer with its own 12,000 m² production base in Europe and 120 employees, Pulsio has  extensive print equipment and a range of finishing tools, including a complete production line for hardcover books. Thanks to its web-to-print software (Innovation Award 2019), Pulsio Print offers its customers optimized service, lower prices and more environmentally-friendly production (reduced waste). 

For 20 years, over 2,000 publishers, companies, agencies, authors and designers entrusted us every year with their printing projects. Our customer advisors will guide you through your order from A to Z.

Acceptance of the order implies acceptance of the special conditions of sale.

No special conditions may prevail over these terms and conditions, unless formally accepted in writing by our company. Offers made by our sales representatives or by telephone do not constitute a commitment on our part until they have been confirmed in writing by Pulsio Print; all orders or services must be confirmed in writing by our customer. Delivery of documents constitutes written confirmation. The order form must specify the delivery address and billing address, if different.

The customer is also obliged to provide us, at the latest when placing the order, with an electronic mail address (e-mail), the technical reliability of which he guarantees to enable the exchange of correspondence.

Quotations are based on a complete description of the product and absolutely detailed information which cannot lead to any misunderstanding concerning the exhaustiveness of the parameters of the work such as paper, print run, format, options, etc…

These indications are binding on the parties, and offers made on the basis of imprecise data, or in the absence of documents, can only be considered as indicative, and in no way engage the responsibility of Pulsio Print in the event of customer dissatisfaction.

Any modification to the initial order will give rise to a new quotation.

Quotations are valid for a maximum of 15 days. After this period, a new quotation must be drawn up.

Corrections or modifications requested after the work has been carried out will be invoiced extra, except in the case of fault on the part of the contractor. An electronic proof submission that has remained unanswered for one week is deemed to have been accepted and authorizes us to charge for the work carried out.

Unless otherwise agreed, prices quoted or confirmed are in US dollars, exclusive of sales tax.

In addition, we reserve the right to revise our prices at any time in the event of sharp (higher than 10%)  fluctuations in the cost of labor, raw materials, transport, etc.

Quotations are based on a complete description of the product and absolutely detailed information which cannot lead to any misunderstanding concerning the exhaustiveness of the parameters of the work such as paper, print run, format, options, etc…

These indications are binding on the parties, and offers made on the basis of imprecise data, or in the absence of documents, can only be considered as indicative, and in no way engage the responsibility of Pulsio Print in the event of customer dissatisfaction.

Any modification to the initial order will give rise to a new quotation.

Quotations are valid for a maximum of 15 days. After this period, a new quotation must be drawn up.

Corrections or modifications requested after the work has been carried out will be invoiced extra, except in the case of fault on the part of the contractor. An electronic proof submission that has remained unanswered for one week is deemed to have been accepted and authorizes us to charge for the work carried out.

Unless otherwise agreed, prices quoted or confirmed are in US dollars, exclusive of sales tax.

In addition, we reserve the right to revise our prices at any time in the event of sharp (higher than 10%)  fluctuations in the cost of labor, raw materials, transport, etc.

Should the order be placed by a third party (e.g. a graphic designer, agency or other intermediary), the latter, by signing the order, assumes the capacity of joint debtor with the customer, as well as all related responsibilities.

Under no circumstances will an order be considered final unless accompanied by a signed order form or accepted quotation.

Payment must be made in accordance with the conditions specified by e-mail between Pulsio Print and the customer.

The goods delivered remain the property of Pulsio Print until full payment of the invoice. It is expressly stipulated between the parties that all orders are subject to the following retention of title clause: “The seller retains ownership of the goods sold until full payment of the price in principal and accessories. The delivery of a document creating an obligation to pay (draft or other) does not constitute payment within the meaning of this clause. Failure to pay on any of the due dates may result in the reclamation of the goods. The above provisions do not preclude the transfer to the purchaser of the risk of loss or deterioration of the goods, or of any damage they may cause, from the date of delivery”.

Pulsio Print is entitled to demand down payments, 100% advance payments and payment guarantees, even after acceptance of the order. In the absence of these guarantees and or payments, it may interrupt the execution of the order and its delivery. Any outstanding costs shall become immediately due and payable.

In the event of cancellation of an order, after confirmation by email, Pulsio Print has the right to invoice the paper, cardboard, plates and other supplies acquired for the manufacture of the customer’s order, as well as any costs arising therefrom.

In the event of late or non-payment of a due date, all sums owed by the customer, for whatever reason, shall become immediately due and payable, without formal notice or any other formality. 

In the event of collection by legal means, and irrespective of Pulsio Print’s right to terminate the contract if the customer fails to meet all its obligations, an indemnity of 10% of the sum due, or the actual costs incurred if these are higher, will be payable in addition to the late payment interest.

The occurrence of a case of force majeure likely to delay, prevent or render economically exorbitant the execution of the sale has the effect of suspending the execution of the contractual obligations of Pulsio Print by operation of law.

A case of force majeure is any event of any nature whatsoever, which is beyond the reasonable control of either party, such as, in particular, the occurrence of fire, natural disasters, disruption in the supply of raw materials from our suppliers, power cuts or machine breakdowns making it impossible to carry out the work entrusted to us on schedule, strikes or lock-outs, interruption of means of transport for any reason whatsoever, legal or regulatory provisions affecting the production or delivery of products.

If the event continues for more than three months, Pulsio Print reserves the right to terminate the contract unilaterally and without compensation.

Delivery times are given for information only. Any delay in the execution of orders shall not constitute grounds for cancellation of the order, refusal of the goods or entitlement to damages.

Firm delivery dates are subject to a written undertaking by Pulsio Print and are only binding on Pulsio Print if the necessary documents (texts and illustrations, lithos, manuscripts or data carriers, printing orders, customer’s CDs or other materials, etc.) reach Pulsio Print by the agreed date. The commitment to meet deadlines begins upon receipt of the customer’s print order during opening hours, i.e. Monday to Friday from 9:00 am to 5:00 pm, excluding public holidays. Pulsio Print is not bound by agreed delivery deadlines if the final proof is not received by the agreed deadline. A delay in receipt of the press proof requires a new written confirmation of a new deadline commitment.

It should be noted that there is no proportionality between the delay of a proof approval and the new deadline proposed by Pulsio Print. A delay of 1 day of approval may result in a delay of 5 days of the production deadline. 

If deadlines are exceeded for any reason beyond the control of Pulsio Print : In the event of force majeure, requisition, authoritarian reduction of imports, accident or delay in manufacture by our suppliers, delay in the transport of goods or any other contingency, the customer may not cancel his order nor render Pulsio Print liable for any damage that may result from such delay. 

Delivery will be made to the address indicated by the customer and will be deemed to have been made when the order arrives at the said address. Pulsio Print cannot be held responsible for any delay in delivery due to an error concerning the planned delivery address or non-receipt of the goods (absence at the time of delivery). Additional costs for a second delivery will be charged additionally.

Pulsio Print confirms, at the customer’s request for the order in question, its commitment to respect the delivery charters of distributors and various warehouses. When specific packaging and/or delivery conditions apply, they must be specified in writing by the parties and confirmed by Pulsio Print.

The price of the Pulsio Print quotation accepted by the customer is exclusive of taxes and includes delivery to the final address, i.e. DAP. 

With DDP (Delivered Duty Paid) delivery, all additional customs and import charges such as: customs duty, sales tax, various import taxes, etc. – relating to the importation of the order are at the customer’s expense. 

Exceptionally, Pulsio Print may offer DDP delivery to the customer and this must be clearly stipulated in the quotation or confirmed by email. 

Pulsio Print declines all responsibility in the event of damage, theft or loss or any other hazard affecting the order during transport. The customer is aware of the various risks to which the goods are exposed during transport.

Therefore, no compensation can be claimed from Pulsio Print in the event of damage, theft or loss or any other hazard affecting the order during transport. 

However, Pulsio Print undertakes to support and accompany its customers in their claims against the transport company. In this case, Pulsio Print asks its customers who have suffered a loss to cooperate by sending us all the necessary evidence so that we can initiate all the necessary procedures within 8 calendar days of receipt of the parcel. Detailed information and supporting evidence are required, including the precise number of damaged copies. 

In fine, any damage, delay or any other hazard affecting the order caused during transport does not exclude the payment of the customer’s invoice to Pulsio Print. The customer is always obliged to pay his invoice on the basis of the work carried out and in the absence of any liability on the part of Pulsio Print.

In the event of loss of the order by the carrier, i.e. the parcel is not delivered to the customer and the location of the parcel is not identified by the carrier within 14 days of the delivery date, Pulsio print, concerned about customer satisfaction, can reprint the order at no extra cost.

If the customer, duly notified, does not collect his goods within 10 days, Pulsio Print declines all responsibility and is entitled to invoice and store them at the customer’s expense and risk.

Copyrights for design and layout services are determined in accordance with legal provisions.

Any customer rights to electronic data and copyright are preserved. Unless otherwise agreed, Pulsio Print is not obliged to save, archive or hand over the data made available.

The reproduction and printing of all documents, texts, illustrations, models and the like supplied to Pulsio Print by the customer will only be carried out if the customer owns or has previously acquired the necessary reproduction rights; this is presumed. This clause also applies to archived data that is reused.

The means of reproduction (photographs, data carriers, films, electronic data, compositions, montages, printing plates, etc.), as well as the processing material (cutting dies, embossing plates, etc.) remain the property of Pulsio Print.

Any additional costs incurred by the customer or an intermediary agent in relation to the quotation (e.g. preparation for printing, retouching of documents and manuscripts, additional work on supplied data carriers, as well as any errors in the documents supplied) will be invoiced in addition.

The tolerances customary in the industry for workmanship and materials shall apply, in particular with regard to cutting accuracy, reproduction fidelity, colors and the quality of printing media (paper, cardboard, etc.). All tolerances imposed on Pulsio Print by its suppliers (paper, inks, plates, etc.) also apply to its customers.

Printing is carried out according to density standards and in compliance with ISO 12647-2 and Fogra 39.

The parties hereby agree that the quantity delivered may vary by a maximum of 10% from the quantity indicated in the order for standard productions, and by a maximum of 15% in the case of special production with one of the following options: paper weighing less than 70g, hot foil stamping, spot varnish lamination, die-cutting, hard cover with spine greater than 40 mm or less than 4 mm, hard cover with canvas, cloth or offset paper. However, the quantity used for invoicing will be the quantity delivered. 

In addition, the pricing of excess print runs will be set by both parties according to a mutually agreed margin.

All materials supplied by the customer for the execution of his order must be delivered to Pulsio Print carriage paid or according to specific written agreements. The customer is solely responsible for any damage resulting from inappropriate materials (quality and quantity).

Work delivered by Pulsio Print must be inspected on receipt. All complaints concerning quality and quantity must be made within 8 days of receipt of the goods, failing which the delivery shall be deemed to be in conformity. In the event of a justified complaint, the parties will negotiate a proportionate and reasonable discount. Damages must be rectified within an appropriate period of time, but may under no circumstances exceed the value of the goods delivered. Pulsio Print has the right to refuse the repair or reprint of the order if it has doubts about the payment of the order and is entitled to demand guarantees in this respect. No refund can be requested from Pulsio Print.

Manuscripts, electronic data carriers, films, photo lithos, original photographs, etc., as well as stored printed matter and objects supplied will be treated with the usual care. All other risks must be insured or borne by the customer. Any direct or indirect damage exceeding the value of the goods and which is the subject of a claim for damages shall be borne by the end consumer.

Pulsio Print accepts no liability for data supplied (print files) that contain errors or are incomplete. Likewise, Pulsio Print accepts no liability for defects in the quality of the printed product resulting from data supplied which cannot be evaluated or used according to standard methods. Furthermore, Pulsio Print accepts no liability for loss of data in files delivered for processing. Its liability is limited to errors committed by it as a result of gross negligence.

Pulsio Print cannot be held responsible for the language, grammar and syntax of documents supplied by the customer.

The customer must carefully check the control and examination documents (proofs, copies, data, etc.). Any errors must be reported to Pulsio Print and returned with the final proof within the agreed deadline. Pulsio Print is not responsible for errors not reported by the customer. Corrections and changes requested by telephone must be confirmed by the customer in writing within 24 hours, otherwise Pulsio Print is not liable. If it has been agreed not to submit test and inspection documents, or if the customer directly requests proofs or data carriers without these test documents, the customer bears all risks. Pulsio Print’s liability is limited to serious errors.

Unless explicitly agreed, Pulsio Print is not obliged to store and archive working documents. If an archiving contract is attached to the printing contract, archiving will be at the customer’s risk and expense and will be invoiced additionally. Pulsio Print accepts no liability for loss of data or damage to files or working documents.

This general sales condition of Pulsio Print is governed by Delaware law, without excluding the uniform commercial code 

In the event of a dispute of any kind whatsoever, the parties shall endeavor to reach an amicable settlement. In the event of failure to reach an amicable agreement, either party shall have the right to bring their dispute before the competent judicial authorities within the territory of the Delaware.