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TERMS: 1% 10 days from date of shipment. Invoices not paid within 30 days of shipment shall thereafter bear interest at the rate of 18% per annum until paid.
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PRICES: All prices are F.O.B plant location. Orders will be billed at prices in effect on shipping date. All prices are subject to change after 90 days. Orders for smaller quantities of decals than originally quoted shall be filled at the corresponding price for such quantities based on Adcraft’s current prices.
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BLANKET ORDER Orders shall specify shipment dates and quantities and a final shipment date no later than six months or other negotiated dated from TERMS: Adcraft’s receipt of the order. Adcraft shall not be required to make more than six shipments during the six month period or ship products having an aggregate value of less than $150.00.
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ACCEPTANCE: All orders are subject to acceptance by Adcraft.
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CANCELLATIONS: Orders regularly entered cannot be cancelled except upon terms that will fully compensate Adcraft against loss.
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OVER/UNDER RUN: Delivery and billing of up to ten percent (10%) more or less than quantities ordered shall constitute filling the order under trade practices. Charges shall be for actual quantity of decals shipped.
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ARTWORK, PLATE, DIES: Customer shall be charged for artwork, printing plates, and dies. All such charges shall be invoiced with the first shipment unless otherwise agreed. Artwork, printing plates, and dies shall remain Adcraft’s property and be retained for a period not to exceed four (4) years following date of shipment.
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TAXES: The amount of any present or future federal, state, or local taxes required to be collected or paid by Adcraft shall be added to the price and paid by the customer. In jurisdictions with applicable tax exemptions, taxes shall be charged and collected until an appropriate certificate of exemption is presented to Adcraft.
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EXPERIMENTAL WORK: Experimental work performed at customer’s request, including, but not limited to: sketches, drawings, composition, and plates shall be charged at Adcraft’s current rates for presswork and materials.
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RETURN OF PRODUCTS: Decals may be returned only with Adcraft’s prior written approval, in accordance with the warranty provisions set forth below.
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DELAYS: Adcraft shall not be liable for delays in shipments, changes in shipment schedules, or failure to deliver caused by accident, fires, earthquakes, strikes, floods, embargos, military insurrection, or riot, civil commotion, state of war, or any other cause or contingency beyond its control.
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COMPLIANCE W/LAWS: Adcraft’s decals are manufactured in compliance with applicable requirements of the Fair Labor Standards Act, as amended, applicable regulations and orders of the United States Department of Labor and other applicable laws.
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COLOR MATCH: Ink colors on decal orders shall be standard Adcraft colors. Exact duplication of ink colors and other materials is not guaranteed.
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ALTERATION: Cost quotations are based on work performed in accordance with original specifications. Additional work required by customer error or change of specifications shall be charged at Adcraft’s current rates.
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PROOFS: One proof shall be submitted with original copy if requested. It shall be returned marked “O.K.” or “O.K. with corrections as noted,” and signed or initiated by customer’s authorized representative. If revised proof is desired, a written request shall be made when the proof is returned. Adcraft shall not be responsible for errors if work is performed in accordance with original or corrected customer’s proof.
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PRESS ROOM: All die hits for approval will be charged for at the prevailing rate.
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WARRANTY: All decals manufactured by Adcraft are warranted to be free from defects in workmanship and material for a period of ninety (90) days from date of shipment. During the warranty period, Adcraft shall, at its option, replace any decals shown to Adcraft’s reasonable satisfaction to be defective at no expense to the purchaser, or refund the purchase price. The forgoing remedies shall be purchaser’s sole and exclusive remedies under this warranty or otherwise. Purchaser shall not return any decals without Adcraft’s prior written approval. THIS WARRANTY IS IN LIEU OF, AND ADCRAFT SPECIFICALLY DISCLAIMS AND EXCLUDES, ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS OF PURPOSE.
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LIMITATION OF LIABILITY: Adcraft’s liability under its’ warranty or otherwise shall in no event exceed the decals’ purchase price and Adcraft shall not be liable for consequential damages.
Any controversy arising under or in connection with this agreement shall be submitted to arbitration in Cleveland, Ohio in accordance with the rules then pertaining to the American Arbitration Association. Judgment on any award may be entered in any court having jurisdiction. The parties hereto submit to the jurisdiction of the federal and state courts in Cleveland, Ohio and notice of process may be served upon the parties by registered or certified mail with the same effect as if personally served.
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