Customer, by placing an order with KULIG'S KREATIONS, INC., does hereby
expressly agree to the following terms and conditions, for itself and its successor,
with regard to KULIG'S KREATIONS, INC., its officers, directors and agents
(hereinafter collectively referred to as "KULIG"):
1. PAYMENT. Unless otherwise indicated in writing, the purchase price shall be
due upon placement of order. Customer's failure to make any payment when due
shall absolve KULIG from any obligation to provide service or any undelivered items
for the period of the failure.
2. PERFORMANCE: Dates indicated for delivery or other performance represents
KULIG'S best estimate. Customer acknowledges that the processes used by KULIG
can, in some instances, result in damage to Customer's original materials.
3. COMPLIANCE WITH COPYRIGHT LAWS AND USE OF IMAGES.
Customer represents and warrants that it has the right to reproduce or has obtained
any necessary releases, waivers or permits to use and reproduce the images
contained in the materials supplied to KULIG. Customer shall be liable for any
damages arising from or relating to Customer's possession or use of the materials
supplied to KULIG, including violations of all copyright and trademark laws.
5. INDEMNITY. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD KULIG
AND ITS SERVICE PROVIDERS HARMLESS AGAINST ANY LOSSES, EXPENSES,
COSTS OR DAMAGES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER
REASONABLE COSTS OF LITIGATION) ARISING FROM, INCURRED AS A RESULT
OF, OR IN ANY MANNER RELATED TO CUSTOMER'S ACTIONS OR BREACH OF
THIS AGREEMENT.
6. WARRANTY. CUSTOMER ACKNOWLEDGES THAT NO EXPRESS
WARRANTIES HAVE BEEN MADE BY KULIG. FURTHERMORE, KULIG DISCLAIMS
ALL IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY/RECOVERY. CUSTOMER'S SOLE AND
EXCLUSIVE REMEDY AGAINST KULIG SHALL BE THE RETURN OF ANY MONIES
PAID BY CUSTOMER TO KULIG. CUSTOMER MUST NOTIFY KULIG IN WRITING
WITHIN THIRTY (30) DAYS OF RECEIPT OF MATERIALS OF ANY DAMAGES IN
ORDER TO PRESERVE ANY CLAIM HEREUNDER. IN NO EVENT SHALL KULIG
BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF
PROFIT, DATA, IMAGES, BUSINESS OPPORTUNITY, OR PURCHASE OF OTHER
GOODS AND SERVICES IN RELIANCE ON KULIG'S SERVICES HEREUNDER),
WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY,
NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY,
CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF
ACTION.
8. ENFORCEMENT. The parties agree to submit to the jurisdiction of the courts
of Florida and the venue of any such action shall be the Circuit Court of Pinellas
County, Florida or the Federal District Court, Tampa, Florida. The parties mutually
agree to waive the rights either may have to demand a trial by jury of any dispute
arising between them. The prevailing party in any action brought pursuant to this
Agreement shall b entitled to reimbursement of all attorneys fees and costs. This
agreement shall be governed by and construed in accordance with the laws of the
state of Florida.
4. Customer represents to Kuligs that he has authority and permission
to provide these materials, as well as the images contained therin, to
become part of the work to be performed. Customer further represents
that neither the materials, images nor the final product of Kuligs will be
used illegally or tortuously. Customer takes full responsibility for and will
indemnify Kuligs against any and all claims, actions, damages or the like
arising from the unauthorized use of these materials.