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1.
PAYMENT AND CREDIT. Viking
Business Products, Inc. reserves the right to make partial shipments. Each
shipment shall be a separate transaction and payment shall be made accordingly.
Unless otherwise agreed in writing, payment for products shall be made on the
basis of net 20 days for existing customers, cash advance on new customers, from
the date of shipment to customer. If customer fails to pay any charges when due
and payable, customer agrees to pay a late payment charge of 2.0% per month, but
not in excess of the lawful maximum, on the unpaid balance.
2. CANCELLATIONS AND REQUESTS BY PURCHASER FOR DELAYS. Once
accepted by Viking Business Products, Inc., an order may be cancelled or delayed
by the Purchaser prior to press time and only upon written consent of Viking
Business Products, Inc. If Viking Business Products, Inc. consents to any such
cancellation or delay, the Purchaser will be required to pay such amount as
Viking Business Products, Inc., in its sole discretion, shall determine will
fully indemnify it against any and all loss and provide with a reasonable
profit.
3. PROPRIETARY RIGHTS. All preliminary materials, including artwork,
electronic tiles, design drawings, mode sketches, plans and the like shall be
and remain the exclusive property of Viking Business Products, Inc., regardless
of whether or not the goods are Special Order Goods. Purchaser may not use such
materials except in connection with this Order and Viking Business Products,
Inc. shall have the exclusive right to copyright, trademark, patent or otherwise
protect its property rights in such material and may use it in any way it shall
determine. This Order shall not constitute a license to use any of the
proprietary rights of Viking Business Products, Inc. Design work shall be billed
at $95.00 hour if item is not ordered. Minimum charge 1 hour.
4. VIKING BUSINESS PRODUCTS, INC. IMPRINT. Viking Business Products, Inc.
shall have the right to imprint its name and any applicable copyright, trademark
or patent information upon the Goods, except that Purchaser may, prior to the
manufacture of Special Order Goods, request in writing that the imprint only be
deleted.
5. CONDITION OF GOODS SOLD. Customer acknowledges that it has examined
the items sold under this order and that the same are in good condition.
Customer has the obligation to inspect for freight damage. Claims are to be
filed by the customer with the Carrier.
6. EXTENDED DELIVERIES. Customer agrees that in the event delivery of the
items described which are sold to customer is to be made at any time later than
seven (7) days from the date acknowledged, and if there is a price change to
Viking Business Products, Inc. in the goods sold hereunder, Viking Business
Products, Inc. may increase its price to customer to fully compensate it for the
increase in price which occurred between the date of order and the the date of
delivery.
7. COMPLETE CONTRACT. These terms and conditions of sale constitute the
complete and exclusive statement of agreement between Viking Business Products,
Inc. and customer superseding all oral or written communications and any prior
agreements between the parties relating to its subject matter. None of the terms
and conditions set forth herein may be assigned by any other person without the
prior written consent of both parties. These terms and conditions shall bind
personal representatives and successors in interest of both parties.
8. WARRANTY. Buyer and seller agree that Buyer’s exclusive remedy is for
a repair or replacement of any defective product. Buyer agrees no other remedy
applies, whether for accidental or consequential losses, injury or other loss.
Viking Business Products, Inc. shall assist customer in asserting any warranty
customer may have against the manufacturer of any products.
9. TAXES. Prices are exclusive of all federal, state, municipal or other
government, excise, sales, use, occupational or like taxes now in force or
enacted in the future. All such taxes must be paid by purchaser in full. Viking
Business Products, Inc. assumes no liability for any such taxes. Tax exemption
certificates must accompany orders that are exempt.
10. RETURNS. No merchandise may be returned without a sales receipt. No
merchandise may be returned after seven (7) days have expired from the date of
delivery. Viking Business Products, Inc. reserves the right to either permit or
disallow the return of any merchandise within the seven (7) days return period
depending upon the conditions existing at that time. No customer shall have an
absolute right to return any merchandise at any time. Restocking charge is 25%
plus freight charges. No item shall be returned without authorization in
writing.
11. LIABILITY. Viking Business Products, Inc. shall not be liable for any
special, incidental or consequential damages in connection with or arising Out
of the furnishing, performance or use of any product sold hereunder. Customer
agrees that Viking Business Products, Inc. shall have no liability and customer
agrees to indemnify and hold Viking Business Products, Inc. harmless against any
claims, actions or causes of action which may arise from customer’s use of
products sold hereunder.
12. BAD CHECKS. In the event customer should deliver Viking
Business Products, Inc. a check which is not collectible upon Viking Business
Products, Inc.’s presentment for payment at Viking Business Products, Inc.’s
bank, customer agrees to immediately pay Viking Business Products, Inc. all sums
owing by customer to Viking Business Products, Inc. for any products or services
rendered by certified or cashier’s check, and to pay Viking Business Products,
Inc.’s cost of collection and attorney’s fees as allowed by Indiana law. Bad
check charge is a minimum of $25.00.
13. VIKING BUSINESS PRODUCTS, INC.’S ATTORNEY FEES AND COST OF COLLECTION.
In the event Viking Business Products, Inc. retains legal counsel to collect any
sums due under order or incurs any other costs of collection, customer agrees to
remit to Viking Business Products, Inc. a sum equal to Viking Business Products,
Inc.’s reasonable attorney’s fees and cost of collection in addition to all sums
due Viking Business Products, Inc. under this order.
14. OVER/UNDER RUNS. All orders are subject to industry standard 10% over
or under run. Large orders and orders requiring special materials are subject to
a 20% over or under run. Orders stating exact quantities will be billed at a
surcharge.
15. FREIGHT. All orders are FOB. Manufacturer unless quoted otherwise in
writing. Freight damages claims are to be filed with carrier by the customer.
16. PACKAGING is a factory option unless specified in writing by customer
which will increase the cost of the order.
17. ITEMS STORAGE. Items stored by Viking Business Products, Inc. are to
be insured by Viking Business Products, Inc.’s customer. Viking Business
Products, Inc. assumes no liability in event of loss or damage. No item is to be
stored over 12 month. “Invoice as Released” orders are shipped not later than 12
months from date of this order. Purchaser agrees to pay for all Non-invoiced
inventory on demand of Viking Business Products, Inc. or its Assignee.
18. ACKNOWLEDGEMENTS. It shall be the responsibility of purchaser to
carefully check the order acknowledgements immediately upon receipt and to
notify Viking Business Products, Inc. of any discrepancy.
19. ELECTRONIC MANUSCRIPTS OR IMAGES. It is a client’s responsibility to
maintain a copy of the original file. Viking Business Products, Inc. is not
responsible for accidental damage to media Supplied by the customer or for the
accuracy of furnished input or final input. Until digital input can be evaluated
by Viking Business Products, Inc., no claims or promises are made about Viking
Business Products, Inc.’s ability to work with jobs submitted in digital format,
and no liability is assumed for problems that may arise. Any additional
translating, editing, or programming needed to utilize customer-supplied files
will be charged at prevailing rates.
REV. 8-2005
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