Satisfaction Guarantee: If your finished job does not reasonably resemble your approved color proof, contains abnormal imperfections or if we have failed to follow your written instructions, we will reprint your job from your original artwork or digital file for free. This guarantee does not apply to errors, misspelled words, poor images or other defects that were contained in your approved proof. General Conditions: Prices are FOB DoucGraphix's dock shipping charges to be paid by customer. Merchandise covered by this order will be specially made, canceled orders are subject to a $40.00 service charge for order/file processing, plus compensation for all incurred costs and related obligations. Estimates or Quotations not accepted within 45 days are subject to revision. Estimates or Quotations are based on the accuracy and DocuGraphix's interpretations of the specifications submitted and are subject to review upon DocuGraphix's receipt of the Purchaser's artwork, digital file or other materials. Alterations/Corrections - work performed in addition to the original specifications will be charged at DocuGraphix's current rates. Unless otherwise specified on the order the price quoted is for a single shipment, without storage, FOB DocuGraphix's dock. Title for the finished work and all risk of loss or damage shall pass to the Purchaser upon delivery to carrier at shipping point or upon mailing of invoice, whichever occurs first. Merchandise left in DocuGraphix's possession shall be held at Purchaser's sole risk and expense, DocuGraphix shall not be responsible for loss or damage due to any cause. Sales Tax - DocuGraphix is required by law to collect sales tax on orders delivered or billed to an address within the state of Georgia. A Georgia Tax Exempt certificate must be on file with DocuGraphix or presented with their order to be exempt from tax. Taxes once charged cannot be refunded. Links - DocuGraphix is not responsible for the content or business practices of any third party web site that may be accessed through any links or hypertext on DocuGraphix's site. Payment: All orders must be prepaid prior to commencement of work. Payment may be by check, money order or by credit card (Visa, MC, Amex, Discover). Debit cards are not accepted at this time. Payment by check: Checks may have to clear before work can commence. DocuGraphix uses ReCheck electronic recovery services to process returned checks. If your check is returned unpaid, your signature gives us permission to debit your checking account electronically for the original check amount plus a service set for the maximum allowed by law. Payment by check constitutes acceptance of these terms. In addition to the service fees ReCheck will charge you for processing returned checks, DocuGraphix will charge a $30.00 fee for returned checks in addition to the original amount and any interest charges that may apply. Payment by credit card: Clients paying by credit card agree to be bound by DocuGraphix's Policies, Terms & Conditions. Cardholder and Client specifically agree to pay all costs incurred if their order is prematurely canceled and it is understood that no credit will be provided for returned orders unless approved in writing by DocuGraphix in advance. Client understands that, that their credit card will not be charged until their final proof approval is received. However if they choose to cancel their order their card will be charged for our current file processing fee along with the charges for any proofs and other authorized work done on their behalf. The maximum legal rate of interest will be charged on all past due amounts. In the event the services of an Attorney or Collection Agency are required with or without litigation to recover on this contract the purchaser agrees to pay DocuGraphix all collection costs, reasonable Attorneys fees, and court costs, including but not limited to Attorneys fees and costs incurred on appeal in addition to payment of full amount due, plus accrued interest. The purchaser personally guarantees and personally assumes full and ultimate responsibility for payment of all amounts due under these terms and conditions. In the event of litigation, in regard to collection or any other dispute that may arise out of or in connection with this agreement, the parties hereto expressly agree and consent to the jurisdiction of the courts of the State of Georgia and further stipulate that Cobb County, Georgia will be the proper venue for legal action. This contract shall be governed by and construed in accordance with the Laws of the State of Georgia. Any amount owing will become due immediately in the event of a bulk sale, mortgage, bankruptcy, attachment or execution made by or against purchaser or in the event of refusal of purchaser to accept from DocuGraphix or carrier the merchandise ordered hereunder. Preparatory Work and Original Materials: DocuGraphix, original copy, and other original materials left in DocuGraphix's possession, but DocuGraphix shall not be responsible for it as to loss or damage while in DocuGraphix's custody. In recognition of the foregoing and as a material inducement to DocuGraphix to enter into this agreement, Purchaser represents to DocuGraphix that Purchaser has duplicates of any and all original materials in their possession. Art work, sketches, copy, dummies, type, separations, negatives, positives, plates, digital files, creative work, and all preparatory work furnished by DocuGraphix shall remain DocuGraphix's exclusive property, and no use of same shall be made nor may any ideas obtained there from be used, except by written permission of DocuGraphix and upon compensation (if any) to be determined by DocuGraphix. File Archiving: DocuGraphix offers file archiving services on a fee basis for some products and at no additional cost for other products. DocuGraphix will keep copies of purchaser's digital files for a period of two years from last printing date. This service is offered as a convenience to facilitate the reprinting of the order for the purchaser. This does not remove the purchaser's agreement and representation that they maintain and have duplicates of any and all original materials in their possession. DocuGraphix shall exert it's best efforts to protect this material however due to the nature of digital media DocuGraphix's sole responsibility for fee based archived files in the event of failure will be to recreate the material as closely as possible to the original. The purchaser will be responsible to provide copies of the original preparatory materials needed to recreate the files. If the purchaser cannot supply the original materials DocuGraphix's sole responsibility shall be to refund the file archiving charge if any. Purchasers concerned about insuring they have additional backups or who have had third parties supply critical elements of their files which they may not have access to at a later date are encouraged to order an incremental backup on CD. The charges for this service will be specified on your order. The incremental backup will be sent to the purchaser. The cost for this service includes a backup in DocuGraphix's archives for two years as described above. Requests for copies of archived files or elements of archived files must be processed as orders and will be charged for at our standard pre press rates. Reproduction Rights and Indemnification: Purchaser warrants and represents to DocuGraphix that he is lawfully entitled to reproduce and copy the pictures, text and any trademarks used in the material ordered and has full authority to authorize DocuGraphix to reproduce and copy such pictures and material. The Purchaser shall indemnify and hold harmless DocuGraphix from any and all loss, cost, expense and damages of any and all manner of claims, demands, actions, and proceedings that may be instituted against DocuGraphix on grounds alleging that said printing violates any copyright or any proprietary right of any person, or that contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal or economic rights. The Purchaser agrees to protect and defend and promptly defend and continue the defense, at Purchaser's own expense, DocuGraphix from economic loss or any other harmful consequences that could arise from the work. This means that the Purchaser will hold DocuGraphix harmless and save, indemnify, and otherwise defend DocuGraphix against claims, demands, actions, and proceedings on any and all grounds that may be brought against DocuGraphix provided that DocuGraphix promptly notifies the Purchaser of legal action and gives Purchaser reasonable time to undertake and conduct a defense. This will apply regardless of responsibility of negligence. DocuGraphix reserves the right to use reproductions for purposes of display and other advertising purposes. Claims/Liens: Claims for defects, damages or shortages must be made by Purchaser in writing to DocuGraphix, 3800 Wendell Drive • Suite 403, Atlanta, GA 30336 no later than 10 calendar days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and admission that the products fully comply with the terms, conditions and specifications. DocuGraphix's liability shall be limited to the stated selling price of any defective goods, and shall in no event include specific, individual or consequential damages, including without limitation, profits (or profits lost). Orders returned for credit must be done so at the client's expense. No credit will be issued without prompt return of the entire order. The final decision on any claim will be based on whether, in DocuGraphix's sole opinion, a) a "normal reproduction" loss has been made, and b) the claimed defect affects the saleability or usability of the merchandise. In any event, DocuGraphix's responsibility shall be limited to correction or replacement of the product, or at DocuGraphix's option a credit allowance in whole or part. Claims relating to shortages in shipment must be accompanied by a receiving report showing the number, weight and contents of each package received. Damages must be so indicated on the carrier's documentation when the goods are signed for. Purchaser's recourse for loss or damage in transit is solely against the carrier. DocuGraphix will gladly assist the Purchaser in filing any such claim. Liability: Disclaimer of Express and Implied Warranties: DocuGraphix warrants only that the work will conform to the description contained on the order form. Proofs, samples, copy, dummies, and preparatory work shown to or supplied by customer are intended to illustrate the general type and quality of work. They are not intended to represent the actual work performed. DocuGraphix's maximum liability, whether by negligence, contracts, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will DocuGraphix be liable for specific, individual or consequential damages. Color Matching / Proofing: DocuGraphix offers products printed to "pleasing color" standards using standard ink densities. We offer several levels of proofing: Digital Proofs: PDF Soft Proofs & Digital Hard Copy Proofs. Additionally for color critical work arrangements can be made for Press Match proofing. Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a variation in color between digital color proofs is to be expected and will be considered acceptable performance. DocuGraphix will use its best efforts to produce a high quality reproduction of the original or proof, but does not warrant an "exact color" match under any circumstances. Nor will we guarantee that we can match colors to any of the following: Colors as seen on your computer monitor. Colors as seen on laser or ink jet proofs. Colors as seen on previously printed orders. Colors from original photographs, slides or other source. If you are concerned about the colors on your printed job, contact customer support to arrange a Press Match Proof. Press Proofs will allow you to view colors in the most accurate way possible. Press Proofs are available for an additional cost starting at $180.00. Precise color matching can be a costly process and may require several rounds of proofing to achieve the desired result. DocuGraphix will only honor claims for color variations if a Press Proof has been ordered and approved. Proofing costs are not refundable under any circumstances. Over-Runs & Under-Runs: DocuGraphix will exert its best effort to ship the exact quantity ordered. DocuGraphix does not automatically charge for overruns but will make them available for purchase at a pro rata cost, if the Purchaser wishes. Under runs are allowable by industry standards at up to 10% of the quantity ordered, the Purchaser will be billed only for the quantity shipped within this tolerance. If an exact quantity is required order accordingly. Production Schedules: DocuGraphix takes great pride in our ability to ship on or ahead of schedule. If you order expedited production services DocuGraphix will notify you if for some reason we cannot accommodate your request. Customer may choose to cancel the order without penalty or extend the production time. DocuGraphix expresses production times in terms of normal workdays from receipt of final proof approval to shipment. Weekends, holidays, and transit times are not included. Production schedules are subject to the normal variations customary in the industry, and delays due to fire, strikes, equipment breakdown, inability to obtain materials, and any other circumstances beyond DocuGraphix's control. Such delays shall not serve to invalidate any order or subject DocuGraphix to damages. If we fail to meet paid for expedited production schedules the expedited production charges will be refunded. Where the date of shipment is specified on the order and for any reason it is not possible to ship on or before the date specified, DocuGraphix will use it's best efforts to ship as soon as possible thereafter and Purchaser agrees to accept the merchandise when so shipped.