The customer represents and warrants to Mowery Graphix: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Mowery Graphix by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials; (b) that the customer and Mowery Graphix are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Mowery Graphix of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer’s intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer’s knowledge, do any grounds for any claims exist.

Customer agrees to indemnify, defend, protect, and hold harmless Mowery Graphix and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, “indemnified parties”) against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys’ fees and disbursements of every kind, nature, and description) (collectively, “damages”) suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.

Mowery Graphix reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.

The customer agrees to provide Mowery Graphix, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Mowery Graphix does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Mowery Graphix may rely on the customer’s representations and warranties herein and provided under Mowery Graphix’s Intellectual Property Rights Form even if Mowery Graphix investigates such ownership.

If Mowery Graphix determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Mowery Graphix will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Mowery Graphix will return such materials to the customer.

The customer’s project will be delayed if the customer has failed to provide to Mowery Graphix all necessary materials. Quoted or acknowledged delivery dates are only estimated dates of delivery. Mowery Graphix specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within ninety (90) days from completion, Mowery Graphix has the right to sell, dispose of, destroy or use any such files or materials on hand in any way Mowery Graphix chooses without any liability by Mowery Graphix to the customer or others.

Mowery Graphix assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic. As such, Mowery Graphix is not obligated to return such electronic content to the customer upon completion of the order. Mowery Graphix will return original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.

While Mowery Graphix will treat the customer’s materials with the utmost care, Mowery Graphix specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer’s materials are in the care and possession of Mowery Graphix.

Customer’s materials stored in Mowery Graphix’s premises are not insured and are stored strictly at the customer’s risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Mowery Graphix’s premises.

Mowery Graphix accepts cash, check, money order, VISA, MasterCard, Discover, and American Express. Companies requesting credit must fill out a credit application before any order can be processed. A purchase order is required before any open account order can be processed.

Should any amount remain outstanding after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition to the foregoing, the customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation Mowery Graphix’s reasonable legal fees and litigation/arbitration fees and costs) incurred by Mowery Graphix in recovering any amounts owed to it by the Customer.

Mowery Graphix requires a deposit of 50% of the quoted cost. The balance of the cost, subject to a five percent (5%) production under or over run (in the case of printed or manufactured products), is due upon completion of the order, before shipping (no C.O.D.s).

Mowery Graphix requires a deposit of 50% of the quoted cost for all website design and development projects.  The balance is due within five (5) days of the website or changes going live on the Internet.  Special exceptions may be made for those clients with monthly update service plans, and all exceptions are at the discretion of Mowery Graphix.

If replication orders are prepaid in full, including freight and applicable taxes, any overs will be at no charge. Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.

Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list.

For any other special direct mail services or materials, including mailing lists and data processing charges, the customer will be given an estimate of these charges prior to work being started on this portion of the project.

Mowery Graphix guarantees the customer’s satisfaction with art and content proofs. If Mowery Graphix cannot satisfy the customer, Mowery Graphix will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved Mowery Graphix will charge for all work and services performed, even if the project is subsequently canceled.

Mowery Graphix warrants that material produced and delivered by Mowery Graphix meets Mowery Graphix’s standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.

All custom-manufactured and/or printed Mowery Graphix products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Mowery Graphix from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Mowery Graphix will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Mowery Graphix’s option, refund to customer part or all of the purchase paid to Mowery Graphix, on the condition that a) written notice of such defect or error is received by Mowery Graphix at its office within thirty (30) days after shipment by Mowery Graphix to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by Mowery Graphix within the date indicated above, Mowery Graphix will be deemed to be released by the customer from any and all liability.

The customer shall return any defective product to Mowery Graphix should Mowery Graphix so request. No merchandise may be returned to Mowery Graphix without written return authorization by Mowery Graphix. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned. Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Mowery Graphix. The RMA number must appear on your address label. Mowery Graphix reserves the right to refuse delivery of any item returned without an RMA number.

Mowery Graphix is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.

Mowery Graphix reserves the right to refuse or cancel any order.

Orders for products not yet manufactured by Mowery Graphix may be cancelled by either party at any time. The customer will be responsible for all costs incurred by Mowery Graphix related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer’s materials and any completed product may be delivered to the customer only after all sums owed to Mowery Graphix have been paid in full by cash or check.

THIS EXPRESS WARRANTY SHALL EXTEND TO ONLY CUSTOMERS OF MOWERY GRAPHIX AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. Mowery Graphix’s liability under this warranty extends solely to the obligation to repair or replace a covered product. Mowery Graphix’s liability under this warranty shall not exceed the cost of the covered product. The foregoing warranties are exclusive and are in lieu of all other warranties whether written or implied including warranty of merchantability in other respects than expressly set forth above and warranty of fitness for a particular purpose. Further, Mowery Graphix shall have no liability for any consequential or punitive damages or losses to customer or anyone else, under any theory, for defects in material or workmanship or any other reason whatsoever.