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20/20 Solutions, Inc. v. Dubrow Management Corp.

A-5844-01T3 (N.J. Super. App. Div. 2003) (Unpublished)

CONTRACTS; DAMAGES—Where a spelling error on a printing job is inconsequential and the customer has proofread the copy before printing, the printer has no liability.

A printer produced brochures for a customer. “The brochure had a typo in the spelling of the word ‘concepts’ by misspelling it ‘cocepts.’” Before printing the brochure, it was sent to the customer for proofreading and the customer “signed off approving the brochure, with some other changes.” The error was not noticed until a customer of the printing customer brought the error to its attention. The printing customer then argued that the printer was not entitled to “promotional and printing expenses.” The printing customer wanted to return the brochures and the printer replied by offering a ten percent discount or, in the alternative, by offering to reprint the brochure and charge only for the printing and the paper. The customer paid for the promotional expenses, but refused to pay for the printing. The lower court determined that the misspelling was inconsequential, and furthermore that the printing customer “had the final say with respect to the wording.” The Appellate Division reviewed the record and was satisfied with the lower court’s conclusion.

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