ADDITIONAL TERMS AND CONDITIONS:
Publishers’ Graphics STL, LLC.
131 Fremont Street,
In consideration of Publishers’ Graphics STL, LLC’s (PG) performance, the undersigned agrees as follows:
1) Client waives all setoff rights against any payments due PG.
2) Payment is due within 30 days after delivery or sooner if indicated by PG’s invoice.
3) All late payments owed to PG shall accrue interest at the lesser of 1.5% per month or the highest lawful rate.
4) Client shall pay PG all PG’s costs and expenses, including attorney’s fees incurred by PG, to enforce this agreement or collect any sum owed by Client to PG.
5) All disputes shall be settled by arbitration, administered by the American Arbitration Association, in Chicago, Illinois, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be enforced in any court located in Cook or DuPage Counties, State of Illinois, or in any other court having jurisdiction thereof.
6) Until Client makes all payments in full to PG, PG shall retain ownership of all PG’s work product, whether or not related to a particular payment.
7) Client’s retention of PG’s work product shall constitute Client’s acceptance of PG’s invoice. Client shall be deemed to have accepted PG’s work product unless Client returns the rejected work product to PG within 5 days after delivery.
8) If PG’s performance is delayed due to events or a party’s act beyond PG’s control (including but not limited to Malfunctioning equipment owned or leased by PG and acts of PG’s vendors), PG’s time to perform shall be extended for a reasonable period, but never less than twice the duration of the event or act that caused the delay.
9) Whenever PG performs any work for Client shall have at least one opportunity to correct any deficient work product. Client’s damages for PG’s unexcused failure to perform or inability to correct deficient work product shall not exceed the amount of PG’s invoice for the non-performed or uncorrected work.
10) Risk of loss or damage to PG’s work product shall pass to Client upon delivery to Client’s facility.
11) PG shall perform in reliance on Client’s approval of PG’s proofs, on samples delivered by Client to PG, and on the work product description, quantity, delivery schedule, and price stated within Client’s purchase order and Client’s related communications, but without regard to any other terms stated within Client’s purchase order and Client’s related communications. The terms herein along with PG’s invoice shall constitute the parties’ entire agreement for all work done by PG for Client, whenever performed, and shall be governed by Illinois law without regard to conflicts of law principles.
12) If the undersigned is an owner of Client, the undersigned personally guarantees all Clients’ payments and waives all setoff rights.
13) PG MAKES NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF FITNESS UNLESS NOTED ON PG’S INVOICE.
14) Until Client fully pays all PG invoices, PG may, as security for any unpaid invoice, whether or not overdue, retain possession of the following, whether or not related to an unpaid invoice: a) all Client’s property and all property of others that Client has delivered to PG, including but not limited to film, art, discs, camera-ready copy, and samples, and b) any PG work product that PG has not delivered to Client. Client shall indemnify and hold PG harmless from all damages for PG’s good faith, but erroneous, retention of such property and work product.
15) Up to 5% of PG’s work product may have defects making that product unusable. The existence of such defects shall not relieve Client of Client’s obligations to fully and timely pay PG. Client shall allow PG at least one opportunity to correct any defects. Client’s damages for PG’s inability to correct defects exceeding five percent of the total product or other unexcused failure to perform shall not exceed the amount of PG’s invoice for the uncorrected or nonperformed work.
16) Client authorizes PG to charge Client’s credit card for all amounts Client owes PG, including PG’s charges for PG’s work for Client, interest on late payments, the amount of the arbitration award, and the costs, expenses, and attorney’s fees incurred by PG to enforce this agreement or
collect any sum owed by Client to PG.
17) Orders may be cancelled before setup & printing, there will be 6% cancellation charge.
By signing the quote and/or revised quote (E# or I#) you agree to these ADDITIONAL TERMS AND CONDITIONS.