Except to the extent necessary to enable Cedar Graphics to perform its obligations or to exercise its rights hereunder, Cedar Graphics will not make use of or disclose any of such information to any other person.
No course of performance or any course of dealing or usage of trade shall vary the express terms hereof. Customer assumes financial responsibility for purchases, change orders, and job modifications made by their print buyer, selected print broker or advertising agency personnel. Customer is responsible for communication of such decisions made by print buyer, selected print broker or advertising agency personnel. No waiver by Cedar Graphics of a breach of any provision hereof shall be deemed a waiver of future compliance therewith.
This agreement is made and entered into in the State of Iowa for goods, materials and services to be provided and sold by Cedar Graphics and purchased by Customer in the State of Iowa. Variations in quantity of 10 percent over or under ordered quantities shall constitute acceptable delivery and performance. Within this range, Cedar Graphics shall bill and the Customer shall pay for the actual quantity delivered.
Any exception to this condition must be communicated in writing by Customer. Where production schedules are not adhered to by the Customer, final delivery date s will be subject to renegotiation. Where, for the convenience of the Customer, Cedar Graphics arranges for shipment and incurs freight charges, such freight charges shall be billed to the Customer. In the event any freight company, or agent or trustee thereof, later asserts freight charges to be properly due in addition to those originally billed, the Customer shall reimburse Cedar Graphics to the extent of such additional charges i.
Cedar Graphics shall not be liable for delays or non-performance occasioned by causes beyond its control, including without limitation, acts of God, strikes, lockouts, fires, inability to obtain materials, breakdowns, delays of carriers or suppliers, and governmental acts and regulations. Cedar Graphics shall not be liable for any claim, loss, injury, liability, or damage caused by delay in any performance pursuant to this agreement.
If Cedar Graphics furnishes technical or other advice to the customer with respect to the subject matter of this agreement, the customer assumes all risk of such advice and the results thereof, ad Cedar Graphics shall not be liable for such technical or other advice. All claims for alleged defects shall be deemed waived unless made in writing, along with samples demonstrating the complaint, within fifteen 15 days after receipt of goods.
All such claims must be sent to the appropriate party at Cedar Graphics. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that the materials fully comply with terms, conditions and specifications. No action regardless of form arising out of the transactions under this agreement may be brought in a court of law or equity by Customer more than one 1 year after the cause of action has occurred. Cedar Graphics warrants only title to the goods and their conformity to the specifications contained herein.
Cedar Graphics makes no representation or warranty of any kind, express or implied, as to merchantability, fitness for particular purpose, or any other matters with respect to the subject matter of this agreement, and all implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed.
In the event of default, Customer agrees to promptly cure the default. In addition to cure of the default, Cedar Graphics has the discretion to determine if a deposit, prepay, or both, is warranted upon any default. The terms and conditions set forth herein supersede all other proposals, oral or written, and all previous negotiations, conversations, or discussions between the parties to this agreement.
Customer understands and agrees that no agent, employee, or representative of Cedar Graphics has authority to bind Cedar Graphics to any affirmation, representation or warranty concerning the subject matter of this agreement which is not set forth herein, and that any affirmation, representation or warranty which is not set forth herein shall not constitute a warranty. In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by a neutral mediator.
If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim may be settled by arbitration upon agreement of the parties, administered by a neutral arbitrator.
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