Terms & Conditions

Quick Summary of Our Terms

We want your project to be a success, so here’s the short version of how we work. This is just a quick guide — the full legal Terms & Conditions below are what actually apply.

  1. What we do: We offer printing, design, website, marketing, and mailing services. Sometimes we work with trusted partners to complete your job.

  2. Your responsibilities: Provide complete, accurate files that meet our production needs, approve proofs carefully, and make sure you have the legal right to use all the content you send us.

  3. Proofs & changes: We’ll send you a proof to review. Once you approve it, we’re not responsible for errors that were in that proof. Changes after approval may cost extra and could delay your project.

  4. Pricing & payments: Quotes are based on the details you give us. If those details change, your price may too. All new clients pay a deposit; established clients may request credit terms. Payment is due on receipt of invoice.

  5. Delivery & shipping: Once your order leaves our facility (or is delivered by us), it’s your responsibility. If a carrier is used, their terms apply.

  6. Copyright & legal rights: You’re responsible for making sure you have the rights to all content you give us. If someone claims otherwise, you agree to protect us from any legal claims.

  7. Our liability: We’ll do our work to industry standards, but we can’t guarantee perfection in color or materials. If there’s ever an issue, our liability is limited to the cost of the project.

  8. Cancellations: If you cancel, you pay for work done and materials ordered. We can also cancel for nonpayment or other issues.

  9. Disputes: New York law applies, and any legal action happens in Suffolk County, NY.

Terms & Conditions

Last Updated: 8/8/2025

Welcome to Searles Graphics, Inc. (“Searles Graphics,” “we,” “our,” or “us”). These Terms & Conditions apply to all services provided by Searles Graphics, including but not limited to commercial printing, graphic design, prepress, website design and hosting, digital marketing, and mailing/fulfillment services. By engaging our services, the client (“you” or “your”) agrees to these Terms & Conditions. If you do not agree, you should not proceed with using our services.

1. Scope of Services

Searles Graphics provides a range of services, which may include, but are not limited to, commercial printing (offset, digital, and wide-format), graphic design and prepress services, website design, development, and hosting, website maintenance and technical support, digital marketing services, mailing and fulfillment services, and related consulting and creative services. Our list of services may change or expand over time without notice. Any services provided will be as described in the applicable proposal, quote, invoice, or other written communication from us.

We may, at our discretion, engage third-party vendors, contractors, or service providers to fulfill part or all of a project. While we make commercially reasonable efforts to manage such third parties, we are not responsible for delays, errors, or failures in performance caused by such third parties that are outside our reasonable control.

Unless otherwise agreed in writing, any changes to the agreed-upon specifications, scope, or materials after the issuance of a quote or estimate may result in a revised price and/or timeline, which will supersede any prior estimate provided.

2. Client Responsibilities

To help us deliver high-quality results on time, clients agree to the following responsibilities:

Artwork and Materials

All files, artwork, and other materials provided by the client must meet our production requirements. We will advise on preferred formats and specifications based on the project. Clients are responsible for ensuring all content submitted is complete, accurate, and final before it is provided to us.

Proof Approval

We will provide a proof or sample for review before production begins, unless otherwise agreed. Written approval (including email confirmation) is required before we proceed with production. Once approved, Searles Graphics is not responsible for any errors, omissions, or other issues present in the approved proof, including but not limited to spelling, grammar, layout, or color.

Rights to Content

Clients are solely responsible for ensuring they have all necessary rights, licenses, permissions, and clearances for any content, artwork, logos, photographs, text, or other materials submitted for use. Searles Graphics does not verify the legal rights of submitted materials and will not be held liable for any claims arising from their use.

Deadlines and Delays

Agreed-upon production schedules depend on timely receipt of complete materials, approvals, and any required payments from the client. Delays in providing these items may result in changes to delivery dates.

Client-Supplied Materials

If the client provides their own materials (including but not limited to paper, envelopes, or other substrates), Searles Graphics is not responsible for defects, delays, or damages arising from those materials.

3. Proofs & Approval

Proofs are provided so the client can review and confirm content, layout, and design before production begins. Proofs may be supplied digitally, in hard copy, or in other formats, depending on the project.

Digital proofs are intended to represent the design and layout only. They do not guarantee exact color matching, image resolution, or final print quality. Printed proofs are the most accurate representation of the final product; however, minor variations in color, paper, finish, and other attributes may occur due to differences in equipment, processes, and materials.

The client must review all proofs carefully and provide written approval (including email confirmation) before production proceeds. Once a proof is approved, the client assumes full responsibility for any errors, omissions, or changes not identified prior to approval.

While we make every reasonable effort to achieve accurate color reproduction, we cannot guarantee exact matches due to variations in inks, coatings, substrates, and production processes. Unless otherwise agreed in writing, color variations within industry-accepted tolerances will be considered acceptable performance.

Any changes requested after proof approval may result in additional costs, revised timelines, or both. If production has already begun, the client will be responsible for all costs incurred up to the time of change, as well as any costs for reprinting or remanufacturing.

If an error is discovered after approval that was present in the approved proof, reprints will be at the client’s expense. If an error occurs during production that was not present in the approved proof, Searles Graphics will, at our discretion, correct or reprint the affected materials at no additional charge.

 4. Pricing, Estimates, and Payment Terms

All pricing provided by Searles Graphics is based on the specifications supplied by the client at the time of estimating. Estimates are valid for 30 days unless otherwise stated. Any change in specifications, materials, quantities, delivery requirements, or other factors may result in a revised estimate, which will supersede any previous estimate.

Additional charges may apply for changes requested after work has begun, rush orders or expedited turnaround, or special materials, custom finishing, or third-party services not included in the original estimate. We will notify the client of any additional charges before proceeding whenever reasonably possible.

All new clients are required to provide a deposit before work begins. Once a client has established a satisfactory payment history with us, they may request credit terms, which will be granted at our discretion. Unless otherwise agreed in writing, payment in full is due upon receipt of invoice. Invoices not paid within 30 days of the invoice date may be subject to a late payment charge of 1.5% per month (or the maximum allowed by law), plus any costs of collection, including reasonable attorney’s fees.

We reserve the right to suspend or withhold delivery of any project if payment terms are not met. Work may also be paused if the client fails to provide required approvals, materials, or information needed to proceed.

All prices are exclusive of applicable sales, use, or other taxes unless otherwise stated. Any such taxes will be added to the invoice and are the responsibility of the client, unless a valid exemption certificate is provided.

5. Delivery, Shipping, and Risk of Loss

Completed orders may be picked up at our facility, delivered by our staff, shipped via third-party carrier, or mailed through postal or courier services, as specified in the project agreement or requested by the client.

All shipments and deliveries become the responsibility of the client once they leave our facility. This includes any loss, damage, or delay occurring in transit, regardless of the shipping or mailing method used. If delivery is made by our staff, risk of loss transfers to the client at the time of delivery to the specified address.

When using third-party carriers, delivery is subject to the carrier’s terms and conditions. Searles Graphics is not responsible for missed delivery dates, delays, or damage once the order is in the carrier’s possession. Any claims for loss or damage in transit must be made directly with the carrier, unless otherwise agreed in writing.

For projects involving direct mail or bulk mailing, we will prepare and deliver materials to the postal or courier service in accordance with the approved schedule. Once materials are accepted by the carrier, we are not responsible for delivery timing, accuracy of delivery, or loss. Postal or courier service delays, errors, or changes in regulations are outside our control and are not grounds for nonpayment.

If completed materials are not picked up or delivered within 30 days of completion, we may transfer them to storage at the client’s expense. We are not responsible for loss, damage, or deterioration during storage.

6. Intellectual Property & Copyright Indemnification

The client is solely responsible for ensuring that they have all necessary rights, licenses, permissions, and clearances for any and all content provided to Searles Graphics. This includes, but is not limited to, text, images, artwork, logos, designs, photographs, fonts, trademarks, service marks, and other materials.

Searles Graphics does not independently verify that the client has obtained the necessary rights to use submitted materials. Our acceptance of any content does not constitute confirmation or approval of such rights.

The client agrees to indemnify, defend, and hold harmless Searles Graphics, Inc., its owners, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from alleged or actual infringement of any copyright, trademark, trade dress, patent, or other intellectual property rights; any unauthorized or unlawful use of submitted materials; or any breach of this section by the client.

Searles Graphics reserves the right to refuse, suspend, or cancel any project if we have reason to believe the materials provided may violate the rights of a third party or applicable laws.

Unless otherwise agreed in writing, all concepts, designs, layouts, and other creative work produced by Searles Graphics remain our property until payment in full is received. Upon full payment, the client is granted the rights specifically described in the project agreement. Searles Graphics retains the right to display and promote completed work as part of our portfolio or marketing materials, unless the client requests otherwise in writing.

7. Warranties, Limitations of Liability, and Force Majeure

Searles Graphics warrants that all work will be performed in a professional manner consistent with generally accepted industry standards. Due to the nature of printing, design, and digital services, minor variations in color, materials, and other attributes may occur. Such variations that fall within industry-accepted tolerances will be considered acceptable performance and not a defect.

Except as expressly stated above, Searles Graphics makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or noninfringement.

To the fullest extent permitted by law, Searles Graphics’ total liability for any claim, whether in contract, tort, or otherwise, is limited to the amount actually paid by the client for the specific project giving rise to the claim. In no event will Searles Graphics be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business, or data, even if advised of the possibility of such damages.

Searles Graphics will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, supply shortages, transportation delays, governmental actions, power outages, or equipment failures. In the event of such delays, delivery dates will be extended for a period equal to the time lost due to the delay.

8. Termination and Cancellation

If the client cancels a project before completion, the client will be responsible for all work completed up to the date of cancellation, billed at the agreed rate or, if no rate is specified, at our standard rates; the cost of all materials, supplies, or third-party services ordered or produced for the project; and any additional costs incurred by Searles Graphics as a direct result of the cancellation.

We may suspend or terminate a project immediately if the client fails to make required payments when due, breaches any provision of these Terms & Conditions, or if we have reason to believe that the project involves unlawful activity or infringes the rights of a third party.

We reserve the right to cancel a project at our discretion if circumstances prevent us from fulfilling it as agreed. In such cases, the client will only be billed for work completed and materials ordered prior to cancellation, and any deposits for unperformed work will be refunded.

Upon termination, all rights granted to the client for any work product not yet paid for will immediately revert to Searles Graphics. Both parties remain responsible for any obligations that, by their nature, survive termination (such as indemnification, payment obligations, and limitations of liability).

9. Governing Law and Dispute Resolution

These Terms & Conditions and any disputes arising from them or related to our services will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms & Conditions will be brought exclusively in the state or federal courts located in Suffolk County, New York, and the parties consent to the personal jurisdiction and venue of those courts.

Before initiating legal action, both parties agree to make a good faith effort to resolve any dispute through direct discussion and negotiation.

In the event of legal action, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs from the other party.

10. Miscellaneous & Final Provisions

These Terms & Conditions, together with any written proposal, estimate, invoice, or project agreement issued by Searles Graphics, constitute the entire agreement between the client and Searles Graphics regarding the subject matter described herein, and supersede all prior or contemporaneous communications, whether oral or written.

These Terms & Conditions may be amended or modified only in writing and signed or otherwise formally accepted by both parties. Continued use of our services after changes are posted will constitute acceptance of those changes.

The client may not assign or transfer their rights or obligations under these Terms & Conditions without our prior written consent.

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

The failure of either party to enforce any provision of these Terms & Conditions will not be construed as a waiver of that provision or of the right to enforce it in the future.

Section headings are for convenience only and do not affect the interpretation of these Terms & Conditions.