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Delivery
Due/Delivery dates are estimates
and are based upon prompt receipt of all art, camera work,
articles to be printed, and any necessary information.
The Company shall not be liable
for delays due to causes beyond its reasonable control such as
the acts of God, acts of the Purchaser, acts of civil or
military authorities, priorities, fires, strikes, floods,
epidemics, Quarantine restrictions, war, riots, delays in
transportation, car shortages, and inability due to reasons
beyond its reasonable control, to obtain necessary labor,
material, or manufacturing facilities. In the event of any such
delay, the date of delivery shall be extended for a period equal
to the time lost by reason of the delay.
Claims: Claims for goods shipped
via UPS should be submitted to AMA, Inc. for review. We must be
notified within 5 days from receipt of the UPS shipment. You
must retain possession of the goods relating to the claim as UPS
reserves the right of inspection. All goods shipped via common
carriers(s) are shipped at the buyers risk, and all claims
must be made against the carrier. We do not insure on-time
delivery or safe carriage of goods. Recourse rests exclusively
with the transportation company. Claims for freight adjustments,
breakage, concealed damages and delays in transit must be filed
with the carrier within 5 days. Unless otherwise requested, all
goods will be shipped at a released value "not to
exceed" $.90 per lb. If the customer wishes to add
insurance to the shipment for the actual value of the contents
it must brought to the attention of the Company at the time of
ordering. Any claims paid by the transportation company would be
based upon this value. Title to the goods passes to the buyer
from the point at which said goods are shipped.. Deductions from
your invoice for breakage or shortage are not authorized.
Any such claims will be made to AMA, Inc. within 5 days of
delivery.
Packing
Prices of all goods do not include any allowances for special
packing/crating/handling or insurance charges. The Purchaser
assumes all responsibility for these charges as shown on the
Company's invoice.
Disclaimer and Limitation of Liability
THE INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIALS ON THE
AMA INC. NETWORK OF SITES ARE PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NO INFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL AMA BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE
THE MATERIALS, EVEN IF AMA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT SUCH
LIMITATION IS APPLICABLE. AMA FURTHER DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS,
LINKS OR OTHER ITEMS CONTAINED WITHIN THE AMA INC. NETWORK OF
SITES. AMA MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME
WITHOUT NOTICE. AMA MAKES NO COMMITMENT TO UPDATE THESE
MATERIALS.
Governing Law/Venue
The validity of this agreement and of its terms or
provisions, as well as the rights and duties of the parties
hereunder, shall be interpreted and construed to and in
accordance with the laws of the State of California.
Any action at law or equity concerning this agreement and any
of its terms or provisions, brought by either party, shall be
venued in the Harbor Judicial District in Irvine, California.
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