Quotations: A quotation not accepted within thirty (30) days is subject to review.
Orders: Orders, verbal or written, cannot be cancelled except upon terms that will protect the reprographic firm from loss. No waiver, alteration or modification of any of the provisions hereof shall be binding unless in writing and signed by a duly authorized representative of the reprographic firm. In the event the customer issues a purchase order or memorandum or other instrument covering the services subscribed to, it is hereby specifically agreed and understood that such purchase order, memorandum or instrument is for the customer's internal purposes only and any and all terms and conditions contained therein, whether printed or written, shall be of no force or effect.
Customer's Originals or Other Property: The reprographic firm's liability for loss or damage to the customer's originals or other property in the possession of the reprographic firm shall be limited to $250 per order, unless a greater value is declared at the time the order is given to the reprographic firm. A charge will be made for additional insurance coverage for the higher value declared. In addition, customer agrees to hold reprographic firm harmless from all loss, cost, expense or damage for all claims asserted by third parties against the reprographic firm in excess of the above. Any property of the customer left in the possession of the reprographic firm for more than sixty (60) days shall be considered abandoned and may be disposed of by the reprographic firm.
Delivery: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. reprographic firm's shop.
Third Party Invoicing: Customer requests that third parties be billed for work will be honored with the express understanding that the customer making such requests remains primarily liable.
Defects, Damages or Shortages: Claims for defects, damages or shortages must be made in writing within a period of ten (10) days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. The reprographic firm's liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost).
Security for Payment: As security for payment of any sum due or to become due, the reprographic firm shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in the reprographic firm's possession, including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien.
Terms: Payment shall be net cash (30) days from date of invoice unless otherwise provided in writing.
Indemnification: The customer shall indemnify and hold harmless the reprographic firm from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against the reprographic firm on grounds alleging that the reproduction violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that the reprographic firm has contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against the reprographic firm, provided that the reprographic firm shall promptly notify the customer with respect thereto, and provided further that the reprographic firm shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
Limited Warranty: The reprographic firm's warranty in connection with any and all services performed, work done, or product finished shall be limited to the sales price of the merchandise and/or the services recited in the invoice. The reprographic firm expressly denies any and all warranties of fitness and merchantability.
Pricing: Where the price to be charged by the reprographic firm is based upon the area of the reproduction, i.e., $ per square foot, the 1983 Standard Area Chart of the International Reprographic Association shall be used to compute the square footage of the reproduction. Prices are subject to change without notice.