Terms and Conditions of Sale International Print Brokers
All sales, agreements for sale, quotations, proposals, acknowledgment and contracts of sale, including but not limited to purchase orders, shall be subject to the following terms and conditions.
Orders are firm and not subject to cancellation without Artful Dragon Press, Inc.'s agreement.
3. NON-RETURNABLE MERCHANDISE
All merchandise covered by this invoice is a special order made expressly for BUYER. All merchandise is non-returnable unless it does not substantially conform to the quoted specifications as determined by ARTFUL DRAGON PRESS, INC.
4. ARTWORK AND/OR GRAPHICS
This invoice may include a charge for producing artwork and/or graphics. Any such artwork and/or graphics is the BUYER'S property which is available to the BUYER for pick-up and use at any time. Should the BUYER not presently wish to obtain possession of their artwork and/or graphics, ARTFUL DRAGON PRESS, INC. will store it on our premises without charge. We will not make use of it without the BUYER'S consent. During the period that ARTFUL DRAGON PRESS, INC. retains possession of the BUYER'S artwork and/or graphics, ARTFUL DRAGON PRESS, INC. does so as a gratuitous depository, an as such, ARTFUL DRAGON PRESS, INC. is not responsible for any damages for any loss of the art being held for the BUYER'S convenience. ARTFUL DRAGON PRESS, INC. and BUYER (hereinafter THE PARTIES) are in agreement that no bailment is or will be created.
Prices do not include any applicable sales, use, excise or any other tax. Any applicable taxes will be added to prices at time of invoicing and the BUYER agrees to pay the same. BUYER's exempt from taxes must furnish Certificates of Exemption at time of execution of the agreement or such taxes will be charged.
6. TERMS OF PAYMENT
A. All invoices are net and due as specified in the project agreement between the parties and are due upon presentment, unless indicated otherwise.
B. Security interest - BUYER hereby grants and ARTFUL DRAGON PRESS, INC. retains a security interest in the subject matter of this Agreement to secure the payment of indebtedness remaining unpaid hereunder. C. Deposit Requirement - Deposits shall be required as determined by ARTFUL DRAGON PRESS, INC. and in such amounts as stated on the quotation.
Acceptance of this offer is expressly limited to the exact terms and conditions of sale contained in the project agreement and the terms and conditions stated herein and any attempt to alter or omit any such terms shall be deemed a rejection and counteroffer.
Change Orders - Changes in order quantity or specification must be delivered to ARTFUL DRAGON PRESS, INC. in writing and are subject to approval by ARTFUL DRAGON PRESS, INC. and MANUFACTURER. Any resulting increased cost will be born by the BUYER.
9. LIMITATION OF LIABILITY
A. All goods sold are subject to the manufacturer's standard express warranties there being no implied warranties as to merchantability or as to the fitness of the merchandise for any particular use.
B. All orders and deliveries are subject to availability of materials and/or merchandise from manufacturers.
C. No liability shall accrue against ARTFUL DRAGON PRESS, INC. as a result of any breach of contract resulting from any strike lockout, work stoppage, accident, act of God, or any other delay beyond Artful Dragon Press, Inc.'s control, including but not limited to discontinuation or unavailability of merchandise, or any other materials. ARTFUL DRAGON PRESS, INC. act's as agent for the Buyer and shall be held harmless by the Buyer for any defects. ARTFUL DRAGON PRESS, INC. agrees to act on Buyer's behalf to correct any defects.
D. ARTFUL DRAGON PRESS, INC. shall not be liable for any losses, forfeitures and all other consequential damages whether direct or indirect, and whether or not resulting from or contributed to by the implied default or negligence of ARTFUL DRAGON PRESS, INC., its agents, employees, subcontractors and manufacturers, which might be claimed as the result of the use or failure of the goods or services sold. THERE IS NO FURTHER WARRANTY EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE DESIGN, SALE, MERCHANTABILITY OR USE OF THE GOODS AND/OR SERVICES EXCEPT AS TO TITLE; AND ARTFUL DRAGON PRESS, INC.'S LIABILITY ON ITS WARRANTY SHALL IN NO EVENT EXCEED THE COSTS OF THE GOODS.
E. Buyer and Seller agree that the buyers exclusive remedy is for the repair or replacement of any defective part or product. Buyer agrees that no other remedy applies, whether for incidental or consequential loss, injury or other loss.
10. HOLD HARMLESS AND INDEMNIFICATION
BUYER agrees to indemnify and hold ARTFUL DRAGON PRESS, INC. harmless from all actions, claims or demands of any person, firm or corporation arising out of or in any way connected with the goods and services sold, whether based in whole or in part on the implied default or negligence by ARTFUL DRAGON PRESS, INC., its agents, employees, subcontractors or manufacturers.
11. ENTIRE AGREEMENT
The above terms and conditions represent the full statement between BUYER and ARTFUL DRAGON PRESS, INC.. Any amendments to these terms must be in writing and signed by an officer of ARTFUL DRAGON PRESS, INC. This agreement is subject to Minnesota Law and the parties agree that any dispute will be resolved by arbitration in the State of Minnesota or in the Goodhue County District Court, in Red Wing, Minnesota.
12. DISPUTED ITEMS
Deduct only the amount in question or dispute and pay the difference - complete details concerning the deduction should accompany the check, thus enabling ARTFUL DRAGON PRESS, INC. to take appropriate action.
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As a U.S. based print broker, Artful Dragon provides quality printing for books, catalog, brochure, calendar, four color printing, etc. in China, Hong Kong, Singapore, India and other Asia based countries using reliable, high quality Asian and Chinese printers.