I am a direct mail magazine publisher, using outside printing company. The last order has come about 100 copies short and I need these copies to distribute to advertisers and for promotion. The printer's quotation says that the quantity may come 10% under, unless I order 10% more... which I find unfair- why do I have to pay for unnecessary books?
Now, when I need these missing 100 copies to supply advertisers and to promote the issue, the printer offers me a choice- to print extra 500 copies at outrageous price.
I still owe them 50% balance for the job done, but it is my belief that they didn't supply me the quantity ordered and I think, it's them who should pay to print copies that are missing from my order, if I can not provide advertisers the copies, I cannot get paid either.
My question is: is the printer responsible for supplying the customer the exact number of copies ordered, or they are off the hook by inserting in the contract the text: "Overs and unders are not to exceed 10% under 0% overs of the quantity ordered, and the invoice will reflect the quantity shipped within this tolerance."?
Also, in any case- should I pay them now for the service and THEN claim damages, or I should state now, from the beginning, that I haven't received the product/service I requested and therefore, they should compensate me.. or what? Please advice. Thank you.
What is the name of your state ? -CALIFORNIA
Now, when I need these missing 100 copies to supply advertisers and to promote the issue, the printer offers me a choice- to print extra 500 copies at outrageous price.
I still owe them 50% balance for the job done, but it is my belief that they didn't supply me the quantity ordered and I think, it's them who should pay to print copies that are missing from my order, if I can not provide advertisers the copies, I cannot get paid either.
My question is: is the printer responsible for supplying the customer the exact number of copies ordered, or they are off the hook by inserting in the contract the text: "Overs and unders are not to exceed 10% under 0% overs of the quantity ordered, and the invoice will reflect the quantity shipped within this tolerance."?
Also, in any case- should I pay them now for the service and THEN claim damages, or I should state now, from the beginning, that I haven't received the product/service I requested and therefore, they should compensate me.. or what? Please advice. Thank you.
What is the name of your state ? -CALIFORNIA
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