2010 Initial Production Scheduling Form In order to schedule time and materials for the production and shipment of your finished books to reach you by your desired Distribution Date, please fill-in the information below, sign, and return this form to Remember Me™. Based on the information you provide you will be assigned a Deadline Date for receipt of all copy and final information for your book. SPECIFICATION/DATE INFORMATION: (REQUIRED) (Check One)…. Full-Color Text with Paper Cover ............. Or Full-Color Text with Hardbound Cover Revised estimate of books: . Revised estimate of pages: (Must be evenly divisible by 4) We want to distribute our books on: . Our school closes on: . Our Professional Photographer is: . TEXT PAGES: (REQUIRED) We will prepare our pages: Using Remember Me™ Online Using Desktop Publishing Software (Indicate below) (Online – Requires Password) Application Platform Image CD already submitted. Quark Mac Image CD Ready (Date) PageMaker PC Camera-Ready (Paste-up) Other COVER INFORMATION: (OPTIONAL – MAY BE SUBMITTED WITH FINAL PRODUCTION FORM) Paper or Hardbound: Remember Me™ “Originals” Design # Check with your Representative for Remember Me™ “Online” Design # option pricing. “Client Creations” Cover from our artwork or image file we will submit. Paper Cover Only: Wire-O Binding Or Perfect Binding (REQUIRED FOR 72 PGS. OR MORE. ADDITIONAL COSTS APPLY.) Personalization from Data File List. (Min. 25.) Total number = (Additional Costs Apply.) Personalization from Typewritten List (Min. 25) Total number = (Additional Costs Apply.) Optional Laminated Covers (Min. 100 covers.) Total number = (Additional Costs Apply.) TITLE INFORMATION: (OPTIONAL – MAY BE SUBMITTED WITH FINAL PRODUCTION FORM) Your title for a Remember Me™ “Originals” or “Online” Design Cover can be up to two lines and a maximum of 30 characters per line. Please remember that the title for your “Client Creations” cover needs to be part of your submitted artwork. Your title to appear on a Remember Me™ “Originals” or “Online” Design cover should read: Line 1: Line 2: CUSTOMER INFORMATION: (REQUIRED) School Name: Offer Code#: Order#: Adviser/Contact Name: Phone: Mailing Address: Fax: City: St/Prov: Zip: Country: Email: As an authorized agent for the above customer, I have read and understand the Terms and Conditions of this program as stated on the reverse side of this form. Fax To: Signature: (REQUIRED) 800-215-6685 Printed Name: (REQUIRED) Mail To: Remember Me™ Title: (REQUIRED) 2580 Westbelt Drive Date: (REQUIRED) Columbus, OH 43228 PSF_B_E_WithLogo082009.doc Terms and Conditions 1. Binding Agreement: The items contained on the reverse side hereof and these terms and conditions constitute an offer to purchase and shall not be a binding contract until accepted by Remember Me™ (the “Company”). This offer cannot be rescinded without the express consent of the Company and shall be deemed a contract by the Company’s acceptance hereof. It is not required that the Customer receive notification of acceptance. Company’s acceptance of the offer to purchase shall be defined as receipt of a properly executed Company Order Form or the same information received by other approved methods, payment in full of the current kit price, unless otherwise waived, receipt of all required deposits and planned production information constituting a complete, firm planned order. 2. Governing Law: This contact shall be construed and governed by the laws of the State of Ohio. 3. Entire Agreement: This agreement, after accepted, constitutes the entire agreement between the parties and may only be amended, canceled or otherwise altered. This agreement supersedes any prior written agreements between the parties. 4. Factory-Ready Order: Orders are not deemed "Factory Ready" for release for production until all final requirements for production are met by the Customer including submission of: accurate and final production information submitted by an authorized agent for the Customer on a properly executed Final Production Form or the same information received by other approved methods; all required deposits or prepayments; all required Customer supplied or created copy materials in a manner and format approved by the Company; and any other item specific materials required for release of the order for production. Failure by the Customer to provide a "Factory Ready" order upon the scheduled deadline date or without the benefit of scheduling with the Company will require a schedule for production of the order based on the then existing production time availability and may incur additional costs for expedited production and or subsequent price increases since placement of the original order. 5. Claim for Damaged Goods: Customer agrees to make claims for visible damage or shortage to the driver at the time of delivery. Company will make a good faith effort for prompt disposition with respect to any claim regarding any product which proves to be defective or nonconforming upon physical inspection, provided that the claim is brought within ten (10) days of initial receipt of such product by the Customer. To make a claim, Customer must submit to Company the product’s purchase date and original invoice number, a description of any purported defect(s), and obtain return authorization from Company. Customer must then provide for the return of any purportedly defective product. Any claim against the Company shall be deemed waived by the Customer unless written notice is received by the Company within 30 days from the date of shipment. No unauthorized returns are permitted. 6. Cancellation: Notice of intend to cancel by the Customer must be presented to the Company in writing. Cancellation is subject to acceptance by the Company and is further subject to, but not limited to, cancellation fees, costs for work completed or work in progress, associated shipping and state sales tax, service charges, and other legitimately incurred expenses by the Company. 7. Customer’s Warranties: Customer warrants that the product, which is the subject of this order, will be distributed by the Customer for appropriate school and business uses. In the event that this order requires the Company to use a name, trademark, logo, picture, copy, plate, monogram, slogan, or any other mark upon the product (“Marks”), or use of the Marks in or on any programs, products, or web-based applications used in the preparation of the product, Customer warrants that such use: 1.) will not infringe on the intellectual property rights of any third party, including but not limited to trademarks, copyrights, rights of publicity or privacy; 2.) will not violate any law, statute, ordinance, regulation or court order; 3.) will not be libelous, obscene or otherwise depict such owners or the Marks in a negative or unfair light, or disparage, tarnish, or dilute the Marks, or otherwise harm or impair the goodwill associated with the Marks. Customer warrants that it will not alter or deface the products or the Marks. Customer further covenants and warrants that it will take no action to register or otherwise interfere with the ownership rights and any intellectual property rights associated with such products or Marks. 8. Indemnity by Customer: Customer agrees to hold the Company, its successors, assigns, employees, agents’ customers, and users, harmless from and against all claims (including, but not limited to, those based in contract or tort), losses, penalties, damages (including incidental, consequential, and punitive damages), attorneys’ fees, expert witness fees, court costs arising from or related to Customer’s breach of any term, provision, warranty, or representation contained herein and/or in connection with the enforcement of this agreement or any provision thereof. 9. Risk of Loss: Risk of loss or damage to goods pass to Customer at the time manufacture is completed as determined by Company. 10. Pro-Rata Deliveries: Customer acknowledges that Company may not always print the exact quantity of products herein specified. Accordingly, Customer agrees to accept and pay for deliveries containing a shortage or excess in count varying not more than 5% on a pro-rata price basis. 11. Force Majeure: The manufacture, shipment and delivery of the orders are subject to acts of God, strikes, riots, warfare, terrorism, government laws or regulations, available materials and conditions beyond the control of the Company. In the event of the occurrence of the aforementioned conditions, the Company shall have the right to unilaterally delay or cancel said order in whole or part, without incurring liability whatsoever. 12. Taxes and Transportation: It is agreed that the sales price listed on this contract does not include applicable taxes or transportation charges. All applicable taxes and transportation costs will be added at the time of invoicing. It is expressly understood that the Customer is solely liable for all taxes and transportation subject to this order. 13. Product Suitability: States and localities may have codes and regulations governing the sales, construction, installation, and/or use of products for certain purposes, and such codes and regulations may vary from those in other states or localities. Company cannot guarantee compliance with such codes and regulations, and further cannot be responsible for Customer’s product use. Before ordering a product sample, purchasing a product, and/or using a product, it is Customer’s duty to review any product instructions and federal, state and local codes and regulations, and ensure that the product will comply with such codes and regulations. 14. Service Charge: A service charge at the rate of 1½% per month (18% per annum) will be charged on all accounts over 30 days past due or the legal maximum rate applicable in the jurisdiction from which the order originated. 15. Collection Fee: In the event this order is not paid in accordance with the terms and conditions of this contract and the Company is required to institute collection action, an additional 25% collection fee shall be added to the unpaid balance. 16. Payment: Payments of deposits and invoice amounts due shall be made payable to: Remember Me™. In the event a check is not made payable in accordance with the above, the Company may, at its option, elect to treat said payment as null and void and demand full payment from the Customer. Invoices are not deemed paid until payment is received, properly posted, and deposited by the Company. 17. Assignment: This order may be assigned or subcontracted by Company, in whole or in part, without the prior written approval of Customer. 18. Customer’s Breach: Breach of this agreement by Customer shall be deemed a breach and repudiation of all outstanding contracts with Company. Company shall have the right to immediately suspend performance and to pursue its remedies for breach on all outstanding contracts. 19. Exclusive Remedy: The Company’s liability for defective or nonconforming orders shall be limited to repair or replacement of the order. 20. Damage Limitation: IN NO EVENT SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Company’s liability is absolutely limited to the total cost of the order and the Company shall not be responsible for any other damages of any kind. 21. No Implied Warranties and Other Disclaimers: Company has made no express or implied warranty except as expressly set forth in this agreement. Company hereby disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, security and non-infringement. Company disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication, or failure to follow instructions. To the extent that any express or implied warranties may, by operation of law, arise or survive this disclaimer, such warranties shall have a term which shall not exceed one (1) year after the date of delivery of any such product to the Customer.
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