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- GENERAL CONDITIONS -
1. The following terms and conditions are part of the agreement between Capitol Reproductions Inc., also known as The Capitol Group, ("Capitol") and the person(s) or entity(ies) referred to on the front section of this form as Customer ("Customer"). 2. All prices quoted are F.O.B. Madison Heights, Michigan. Charges for freight, crating and/or packaging shall be at Customer's sole additional expense. Selection of the carrier and method of crating shall be at Capitol's sole discretion unless otherwise stated on the front hereof. Any additional charge(s) for acceleration of Delivery date requested by the Customer and approved by Capitol shall be at Customer's sole expense. 3. Customer shall be solely responsible for and shall pay any and all taxes and/or fees assessed in connection with this transaction by any governmental unit, and such taxes and/or fees shall be in addition to prices quoted herein. 4. Terms of payment shall be Net 30 (U.S. Dollars) to open accounts. Wire transfer fees and similar charges are the responsibility of the Customer. A service charge of 1 - 1/2% per month, (18% per annum) shall be added to Customer's account until payment in full on all amounts unpaid more than thirty (30) days after billing date. Should any legal action be required to collect unpaid amounts, Capitol's reasonable attorney fees incurred in connection with such collection shall be added to Customer's account. 5. It shall be Customer's obligation to thoroughly check out the product received from Capitol before the same is used to manufacture or for any other purpose. If Customer believes that the product is defective in any way, Customer must submit a written complaint to Capitol within five (5) days after Customer's first receipt of the product. Time is of the essence and failure to submit the complaint within the five (5) day period shall be deemed a waiver by Customer of that complaint. If, in Capitol's sole judgement, the product produced for Customer by Capitol does not Capitol's usual standards, Customer will be provided, at Capitol's option, with either a replacement product at no further expense or with a money credit on account, as Customer's sole and exclusive remedy. To be entitled to a replacement or credit, Customer must first return the defective product to Capitol. It is Customer's responsibility to keep a back-up copy of any materials submitted for reproduction. Capitol shall not be liable to the Customer for any damages whatsoever should Capitol damage, destroy or lose any of such materials. It is understood and agreed that the warranty provisions contained in this paragraph 5 shall constitute Customer's sole and exclusive remedy, and that Capitol shall not be liable, under any circumstances, to Customer or any one on behalf of Customer for any incidental or consequential damages or economic loss. 6. Customer acknowledges that no representations have been made by Capitol with regard to the quality or fitness of the product or with regard to the purposes for which the product can be used. 7. Capitol shall under no circumstances be responsible for failure to fill any order resulting from causes beyond its reasonable control. 8. The person or persons signing this agreement on behalf of Customer represent to Capitol by such signature that he or she is fully authorized to bind Customer to the terms and provisions of this agreement, and they and each of them does further represent that this agreement does not require Capitol to unlawfully reproduce copyrighted or trademarked materials. Customer agrees to hold Capitol harmless from liability and expense, including reasonable attorneys fees, in the event of a claim or suit against Capitol by the holder of a copyright or trademark, which suit results from services performed by Capitol for Customer. 9. Negatives produced by Capitol are owned by Capitol with all rights reserved. 10. No changes to the agreement of the parties shall be valid unless in writing signed by Capitol.
CUSTOMER IS FULLY RESPONSIBLE FOR CHECKING THE QUALITY AND ACCURACY OF ANY DATA BEFORE USE OF SUCH DATA . |