1. PRICE. The price for any and all work shall be based upon our current prices at the time of shipment. In the event the work involves the reproduction of drawings, our charges shall be based upon our determination of the square footage involved based upon our standard method of calculation.
2. TERMS OF PAYMENT. Unless otherwise expressly provided herein, payment shall be due 30 days from the date of delivery of the work. Late charges shall be charged at the rate of 2% per month on all past due accounts. In the event we must commence proceedings to collect any accounts past due, the Customer will be responsible for our costs in bringing such proceedings, including attorneys' fees.
3. DELIVERY. Unless special arrangements are made, deliveries will only be made during regular working hours. Unless a specific delivery time is indicated herein, we will use our best efforts to deliver the work as soon as possible. In the event of any delay in our performance, due in full or in part to any cause beyond our reasonable control, we shall have such additional time for our performance as may be reasonably necessary under the circumstances. Acceptance by you of any work shall constitute a waiver by you for any claims for damages on account of any delay in delivery of such work.
4. SUSPENSION OF PERFORMANCE. If in our judgement reasonable doubt exists as to your financial responsibility, or if you are past due in payment of any amount owing to us, we reserve the right without liability and without prejudice to any other remedies, to suspend our performance, decline to ship, or stop any work in progress until we receive payment of all amounts, whether or not due, owing to us, or adequate assurance of such payment.
5. SHIPMENT. In the event you request delivery by a carrier selected by you, the title to the work shall pass to you upon delivery at the shipping point.
6. TOLERANCES. All work shall be subject to tolerances and variances consistent with usual trade practices.
7. LIMITATION OF LIABILITY. In the event any original document received by us is damaged or lost by us, our liability shall be limited to the duplication by whatever means we choose, including photographic technique, of such lost or damaged drawing. You will cooperate with us in furnishing whatever information we may need to effect such duplication. Duplication will be your exclusive remedy for breach of this agreement. We will not be liable for incidental or consequential damages.
8. CLAIMS. Any action for breach of this agreement or for any other action arising our of, in connection with, or resulting from this agreement must be commenced within one year after the cause of action shall accrue, and no such action may be maintained which is not commenced within such period.
9. INFRINGEMENT. If any of the work which we are to reproduce is claimed to violate any copyright, trademark or patent law, you will indemnify us, our successors and assigns, against all liabilities and expenses, including attorneys' fees, resulting from, arising out of, or in connection with any claim of infringement.
10. CANCELLATION. This contract may be cancelled or modified only prior to our commencement of the work described in this order.
11. ENTIRE AGREEMENT. The terms set forth herein constitute the sole terms and conditions of the contract between you and us. No other term, condition, or understanding, whether oral or written, shall be binding upon us unless hereafter made in writing and signed by our authorized representative.
12. DEFICIENCIES. In the event of any deficiency in the furnishing of our services, you shall notify us of any deficiency within 5 days after receipt of the work. Our liability for such deficiency shall be limited to replacement of the requested work. We will not be liable for any incidental or consequential damage.
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