I/We agree to pay my (our) account within the terms set by TAB LABEL COMPANY, INC.,
which are 1% 10, N30. Past due accounts are subject to a service charge of 2% per
month (24% annual percentage rate).
I understand that all orders are subject to +/- 10% over/under shipment unless
specifically agreed otherwise before the order is accepted. Overruns will not
be discounted.
A charge will be assessed on any canceled order. The cancellation fee will be an
amount sufficient to fully compensate TAB LABEL COMPANY, INC., for actual work
performed, or $25.00, whichever is greater.
Any tools, negatives, or plates will be maintained free of charge by us while
being used in production, and for 24 months following date of last use, after
which they will be destroyed unless other specific written arrangements are
made. Tools, negatives and plates remain the property of TAB LABEL COMPANY, INC.,
unless other specific written arrangements are made before the job is accepted.
In the event legal action is neccessary to enforce collection, I/we agree to pay
all attorney's fees and court costs incurred by TAB LABEL COMPANY, INC. Printer's
liability shall be limited to stated selling price of any defective goods and
shall in no event include special or consequential damages, including profits
(or losses.) The printer's liability is limited to cost or replacement of the
printers product and necessary shipping charges. The
validity of this Agreement and any of its terms or provisions, as well as
rights and duties of the parties hereto, shall be construed pursuant to
and in accordance with the laws of the State of California.
Seller and Buyer stipulate that the place of formation of this agreement and
any future contract will take place in Alameda County, California and intend
to avail themselves of the jurisdiction of the court of the State of California
with regard to any dispute arising out of this Agreement or any future contract.
In the event of a breach of this Agreement or any future contract by Seller or
Purchaser, venue shall lie in Alameda County, California.