Terms & Conditions

Ace Forms of Kansas, Inc. Hereinafter Referred to as Ace Forms
Customer of Ace Forms Hereinafter Referred to as Distributor

1. QUOTATIONS: Written quotations are void after thirty (30) days, unless otherwise stated in writing, a verbal quotation is valid only when confirmed in writing. Stenographic and clerical errors are subject to corrections. We reserve the right to apply prices in effect at time of shipment unless otherwise agreed upon in writing by Ace Forms. Ace Forms also reserves the right to amend the quotation at any time.
2. ORDERS: Orders entered, verbal or written, cannot be cancelled except upon terms that will compensate Ace Forms against loss.
3. CONDITION OF COPY: Typesetting costs are based on the receipt of original copy, or manuscript copy clearly typed or hand lettered. Conditions of copy that deviates from this is subject to re-estimating and/or pricing review by Ace Forms at time of submission of copy with order. Copy submitted by email, diskette, or modem must be accompanied by hard copy. If negative output differs, a proof will be sent and charged accordingly. If alterations are required, they will be charged for at current rates.
4. PREPARATORY MATERIALS: Art work, digital files, type, plates, cuts, negatives, positives, and other items supplied by Ace Forms shall remain Ace's property.
5. ALTERATIONS: Alterations represent work performed in addition to the original furnished specifications. Any additional work will be charged for at current rates.
6. PROOFS: Proofs will be returned with the original copy. Corrections are to be made on proof copy and returned marked "O.K." or "O.K. with corrections" and signed by the distributor. If revised proofs are desired, request must be made when proofs are returned. Ace Forms regrets any errors that may occur through typesetting, but will not be held responsible for errors if the work is printed per distributor's okay, or if changes are communicated verbally. Ace Forms will not be held responsible for errors if the distributor has not returned proofs marked "O.K." or "O.K. with corrections" and clearly indicated same.
7. OVERRUNS OR UNDERRUNS: Overruns or underruns not to exceed 10% on quantity ordered, except for minimum quantities which allow for 20% overrun and 10% underrun. Ace Forms will bill for actual quantity shipped within this tolerance. If no overrun or underrun acceptable, purchase order must clearly indicate, and a penalty charge will be made.
8. DELIVERY: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. plant. Proposals are based on continuous and uninterrupted production of complete order. Special priority pickup or delivery service will be provided at current rates. Title for finished work shall pass to the distributor upon delivery to carrier at shipping point.
9. PRODUCTION SCHEDULES: Production schedules will be established and maintained by Ace Forms. Ace Forms will do all possible to meet distributor's requested shipping date, but cannot be held liable for any damages if scheduled shipping date is missed. Ace Forms will not be held liable for any delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority, and acts of God or other causes beyond the control of Ace Forms.
10. CUSTOMER FURNISHED MATERIALS: Paper stock, camera copy, negatives, color separations, digital files, diskettes, inks, and other furnished materials shall be manufactured, packed and delivered to Ace Forms specifications. Additional cost due to delays or impaired production caused by customer or distributor furnished materials, will be charged to the distributor. Excess or left over paper stock will become the property of Ace Forms in the distributor doesn't instruct Ace Forms to return.
11. STANDARD INVOICE TERMS: Effective August 1st, 2008, 2% prompt pay discount allowed on all invoices paid within 15 days, funds must be received in 20 days. Net due 30 days. Prompt pay discount applies to open account customers only. Discount not allowed on freight charges. Discount not allowed on current items when account has other delinquent items. 1½% late charge per month (18% per annum) will be added to delinquent accounts. Late payments will also be assessed a late charge pro-rated per day at the rate of 18% per annum.
12. TERMS: Payments must be made within standard invoice terms. Claims for defects, damages, or shortages must be made by the distributor in writing within a period of ten days after shipment. Failure to make such claims within the stated period shall constitute irrevocable acceptance and admission that they fully comply with terms, conditions and specifications. Ace Forms' liability shall be limited to the stated cost per thousand of any defective goods, and shall in no event include special or consequential damages, including profits lost. As security for payment of any sum due, or to become due under terms, Ace Forms, shall have the right, if necessary, to retain possession of and shall have a lien on all distributor property in Ace Forms' possession, including work in process and finished work. The extension of credit, trade acceptances, or guarantee of payment shall not affect such security interest and lien.
13. The purchaser hereby agrees that all amounts due for goods and services purchased from Ace Forms are payable at the location specified by Ace Forms.
14. The parties hereby acknowledge that the goods and/or services purchased from Ace Forms are not payable in installments, but are payable in full as stated herein. Restrictive endorsements are not acceptable as complete payments.
15. The distributor agrees to pay, in the event his account becomes delinquent and is turned over to an attorney and/or arbitrator for collection, reasonable attorney's and/or arbitrator's fees plus all court and attendant collection costs.
16. INDEMNIFICATION: The distributor shall indemnify and hold harmless Ace Forms from any and all losses, costs, expenses, and damages on account of any and all manner of claims, demands, actions, and proceedings that be instituted against Ace Forms or the distributor based on the content or use of the forms supplied, or on grounds alleging that said printing violates any copyright, or any proprietary right of any person, or that it contains any matter that is libelous, or scandalous, or invades any person's right to privacy, or personal rights.
17. RETURNS: Any order returned to the factory must have written factory approval. Credit will be allowed only on defective forms returned to Ace Forms.
18. RISK OF LOSS: Risk of loss shall pass to consignee at the time forms are placed in shipment by Ace Forms at its plant in Pittsburg, Kansas.
19. DELAY: Neither party shall be responsible for any losses resulting if the fulfillment in any of the terms of this agreement is delayed, or prevented by revolutions or other civil disorders, wars, acts of enemies, strikes, pickets, labor unrest, fires, floods, acts of God, or any other cause not within the sole control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence, such party is unable to prevent, whether of the class of causes enumerated or not.
20. WAIVER OF WARRANTIES AND LIMITATIONS ON LIABILITY: THE FORMS SET OUT IN THE PURCHASE ORDER SHALL BE PREPARED IN ACCORDANCE WITH SPECIFICATIONS OR PROOFS ACCEPTED BY DISTRIBUTOR. ACE FORMS MAKES NO WARRANTY THAT THE FORMS ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE SOLE RESPONSIBILITY OF ACE FORMS SHALL BE THAT THE FORMS MANUFACTURED ARE IN ACCORDANCE WITH SPECIFICATIONS OR PROOFS APPROVED BY DISTRIBUTOR. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL WARRANTIES, IMPLIED OR EXPRESSED, AND THE SOLE LIABILITY OF ACE FORMS SHALL BE TO REPAIR, RE-WORK OR REPLACE ANY FORM NOT IN CONFORMITY WITH SPECIFICATIONS OR PROOFS APPROVED BY DISTRIBUTOR.
21. ACCEPTANCE: In the event of a modification of an existing form or the preparation of a new form, the distributor may request a proof, acceptance of that form shall be deemed to occur upon the approval of the Customer Proof by distributor. In the event the distributor does not request a proof, acceptance shall be deemed to occur upon receipt of the acknowledgement. In the event of the sale of existing forms to distributor, acceptance shall be deemed to have occurred upon delivery of the forms to consignee. Consignee shall inspect the goods immediately on their arrival and shall within five (5) days of their arrival give written notice to Ace Forms of any claim that the forms do not conform with the terms of their purchase order.
22. NOTICES: For the purpose of any notice required to be given hereunder, or pursuant to the provisions of the Uniform Commercial Code or other applicable law, Ace Forms' principal place of business is located at 2900 North Rotary Terrace, Pittsburg, Kansas.
23. TERMINATION AND CUMULATIVE REMEDIES: In the event of default by distributor, Ace Forms shall have the option of refusing to perform further upon this or any other existing agreement between the parties that Ace Forms may elect, and Ace Forms may rescind any agreements between the parties and hold distributor responsible for all damages and losses of whatsoever kind or character occasioned thereby. All the rights of the seller under this Agreement are separate and cumulative and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall not limit or prejudice any other legal or equitable right which the seller may have.
24. APPLICABLE LAW: This Purchase Order is entered into in the State of Kansas and is governed by the Kansas Uniform Commercial Code and other applicable laws of the State of Kansas. It is mutally agreed all disputes arising out of or relating to this Purchase Order shall be submitted to State Court located in the State of Kansas for resolution.

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