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LYNMAR Conditions and Terms of Sale

1. This order is subject to acceptance by LYNMAR Enterprises, Inc. It is not required that the Purchaser receive notification of acceptance. It cannot be canceled without written consent of LYNMAR, and shall be deemed a contract, the validity, meaning, enforcement and consequence of a breach thereof shall be governed by law. Orders received by phone, fax, internet or e-mail shall be considered valid orders and cannot be cancelled without the consent of LYNMAR. All terms or conditions of any purchase order issued for this order inconsistent with the specifications of this order are null and void.
2. The product that is the subject of this order will be distributed by the buyer for advertising or promotional purposes.
3. Title and ownership to the items covered by this order shall pass to the Purchaser at the time manufacture is completed as determined by LYNMAR.
4. As it is not always possible to print the exact quantity, it is agreed a shortage or excess in count not more than 10% will be accepted at pro-rata rate. Plastic bags can have an excess in count of not more than 25% and will be accepted at pro-rata rate.
5. Shipments may be made earlier than date specified provided date on invoice corresponds to order. I.C.C. regulations require that claims of visible damage or shortage must be made to the driver at time of delivery. Concealed damage must be reported to the Carrier within 15 days of delivery to validate claim. Any claim against the Company shall be deemed waived by the Purchaser unless claim is made within 30 days from receipt of merchandise.
6. The manufacture, shipment and delivery of the orders are subject to acts of God, strikes, riots, warfare, government laws or regulations, available materials, and conditions beyond the control of the Company. In the event of the occurrence of the aforementioned conditions, the Company shall have the right to unilaterally cancel said order in whole or part, without incurring liability whatsoever.
7. It is agreed the sales price listed on this contract does not include applicable taxes or transportation charges. All applicable taxes such as sales, use, excise, occupational or other taxes will be added to the sales price along with any transportation charges at the time of invoicing. Purchaser retains sole liability for any taxes based on where these goods are used or stored.
8. If order calls for individual names or monograms, LYNMAR may make shipment without names or monograms as such are not received 30 days prior to shipping date. If Purchaser is to supply copy monthly, this copy shall be supplied at least 30 days prior to shipping date; if not received, LYNMAR, may imprint and ship with copy as used the previous month.
9. Buyer agrees to reimburse LYNMAR for any and all claims or expenses arising from the use of any pictures, copy or plate furnished by the customer, where a claim arises that is an infringement of copyright, trademark, or "right of privacy". This indemnification shall not only include damages that may be assessed against LYNMAR, but all costs incurred in the defense of the same, including but not limited to, attorney fees and court costs.
10. A service charge at the rate of 1 1/2% per month (18% per annum) will be charged on all accounts over 30 days past due except in those states in which a lower rate has been established by law.
11. In the event this order is not paid in accordance with this contract, and collection action becomes necessary, this order is subject to an additional 25% collection fee on the unpaid balance.
12. Sales representatives / agents have no authority to incur any indebtedness, extend credit or bind the Company in any manner. Payments of amounts due shall be made payable to LYNMAR. In the event a check is made payable not in accordance with the above, the Company may, at its option, elect to treat said payments as null and void and demand full payment from the Purchaser. Invoices are not deemed paid until payment is received and deposited by the Company.
13. LYNMAR's liability for defective orders shall be limited to repair, refund or replacement of the order. It is expressly understood by the parties that LYNMAR's liability is absolutely limited to the total cost of the order and that LYNMAR shall not be responsible for any other damages of any kind. The product, the subject of this order, contains no warranty, expressed or implied.