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Trade Customs - So what?

Copyright Thomas P. Crouser, October 26, 1995 Crouser & Associates - Helping Printers Prosper Since 1985

(Tom Crouser presented Power Pricing Printing to the NAQP Capital Area Chapter November 11th, and keynoted the New Jersey Chapter of NAQP trade show, November 18th.)

If a job comes via e-mail with a file attached, who is responsible for errors resulting from garbled transmission? According to the booklet titled New Graphic Communications Trade Customs and Business Practices, it is the customer s responsibility, not the printer s.

These and other current issues are being addressed in the most recent edition of trade customers now being circulated under the auspices of the Graphics Arts Technical Foundation; National Association of Printers and Lithographers; and the Printing Industries of America. The 58 page booklet represents a complete revision of the 18 customs issued in 1985. It adds five new sections addressing such issues as telecommunications and electronically prepared manuscripts and images.

The customs, prepared under the guidance of consultant and long time printing association executive Bill Treadaway, also include possible alternatives for variations printers may want to consider.

NAQP Customs:
The National Association of Quick Printers also has a set of trade customs which have been utilized by many smaller shops in the industry. In fact, the NAQP set was born (about 1977 as well as I remember) over the issue of who owned the negatives - the customer or the printer. While the big three s indicated at that time the printer owned the negatives, many quick printers gave that right to the customer. While that issue has been reworked by more thoughtful souls in recent years, it does bring up the question of trade customs and just how much protection they give to the printer.

Here is an excerpt from The Crouser Report of December 1992 which is still pertinent to this subject:

Some printers follow the trade customs promulgated by the Graphics Arts Council of North America and others use the set adopted by the National Association of Quick Printers. Now, depending upon which set and which version you use, either the negatives absolutely, positively belong to the printer or the negatives absolutely, positively belong to the customer or they land absolutely, positively somewhere in between. Either way, it really doesn t matter much.

Huh? Trade customs are relied upon by the courts for civil dispositions as a last resort. Fact, many minor court magistrates would rather take a vote of defendants standing in the court room at any moment rather than wade through someone who s defense is: this is the way the industry does it. No, the purpose of trade customs is not to get you out of a jam after you re in it. The purpose of trade customs is to guide you in developing your own terms and conditions of sale.

Find a set of trade customs you wish to utilize, then incorporate them into your quotations and invoices by changing the title to: Terms and Conditions of Sale. Refer to their existence prior to the customer s signature line and be sure to get a signature on orders. Now, that generally will take care of the situation. Those who intend to rely on trade customs after something comes up will be disappointed.


Now, what s really done? It s my experience that about 20% of printers strongly insist the printer owns all negatives and other preparatory materials. About 20% strongly believe the customer does. Most, or the remaining 60%, really take it on a case by case basis. My suggestion: adopt terms and conditions wording supporting the printers ownership of preparatory material. Then negotiate. Realize though, punishing the customer for taking their business elsewhere will assure you never get it back.

Happy Trails. Tom Crouser

PS
Tom Crouser will present Power Pricing Printing to the NAQP Capital Area Chapter, Washington, DC on Saturday, November 11th. (Message Dick Cherry for more information.)

Tom will also be keynoting the New Jersey Chapter of NAQP, Saturday, November 18th in the Garden State Convention Center in Somerset, New Jersey. Pamela and I will be with you during their trade show that day. (Message BPCF for more information.)

Crouser & Associates Performance Group program includes two on-site evaluations by Tom Crouser each year along with two group meetings. Management training is held during the group meetings along with participation in a meeting with non-competing printers. Join others who have decided to run their business instead of the business running them. Reply to by Email to Tom Crouser for more detailed information or call Clark Workman at (304) 342-5100. Or fax (304) 342-5187 or contact crouser@ibm.net. Return to Crouser Index
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