Proof: READ CAREFULLY! If you have any questions about your artwork or how the imprint will appear on the product shown below, please contact us. We strongly recommend that you print out this page and examine the artwork carefully.

TERMS AND CONDITIONS Background Berda CompuGraphix, a Pennsylvania sole proprietorship, ("Berda") designs and sells certain products and desires to sell certain products (the "Products") to the Customer listed on the Product Specification Approval ("Customer"). These Terms and Conditions apply to the sale of such Products to Customer by Berda. 1. Acceptance. These Terms and Conditions and the Product Specifications Approval to which these Terms and Conditions are attached (the "Approval") are hereby the exclusive and binding agreement between the parties covering the purchase of the Products and related services ordered in the Approval when the Approval is accepted by execution. The Approval can be accepted only on these Terms and Conditions. Additional or different terms proposed by Customer will not be applicable unless accepted in writing by Berda. No change, modification, or revision of the Approval or these Terms and Conditions shall be effective unless in writing and signed by both Customer and Berda. 2. Payment. Except as otherwise set forth on the Approval, Berda shall invoice Customer upon execution of the Approval. Payments not made within thirty (30) days of the invoice date shall be subject to a charge of 1.5% per month or the highest amount permitted by law. Prices are exclusive of all state and local taxes, and Customer is responsible for payment of any such state and/or local taxes, if applicable. Payment may be made by credit card or check and Berda's right to such payment shall not be affected by any setoff or dispute of payment by Customer. 3. Warranty. Berda warrants, during the thirty (30) day period immediately following delivery of the Products, that the Products shall materially comply with the specifications set forth on the Approval. Upon written notice from Customer during the warranty period that any of the Products breach this warranty, Berda's sole liability and Customer's sole remedy shall be for Berda to use reasonable efforts to promptly provide replacement Products to Customer so as to comply with the warranty. EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, THE PRODUCTS ARE PROVIDED "AS IS." BERDA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO ANY PRODUCT PROVIDED UNDER THIS AGREEMENT. 4. Limitation of Liability and Disclaimer. Berda shall not be liable to Customer for loss of profits, or special, indirect, incidental, consequential or exemplary damages, including costs or legal expenses, in connection with the supply, use or performance of the Products or the performance of its other obligations even if it is aware of the possibility of the occurrence of such damages. In any event, the total liability of Berda to Customer shall be limited to the amounts paid by Customer to Berda for the applicable Products giving rise to such liability. Colors that appear on Berda's Product Specifications Approval web page may vary from the colors of the actual Product(s) and/or imprint ink/thread color(s) used on the Products. Due to variations in colors on computer display monitors, differences in ink/thread dye lots, and personal subjectivity, the colors depicted on the art approval page, or any other area on Berda.com, may be different from the actual colors on the Products. 5. Intellectual Property Indemnification. Customer hereby represents and warrants that any artwork, logo, copy, or other material submitted to Berda for printing, including the use of logos which Customer has requested Berda use, is being used in full compliance with all applicable laws regarding its usage. By placing an order with Berda, Customer represents and warrants that it has the authority to order, purchase and distribute merchandise containing the names, trademarks, tradedress, logos, copyrights, insignias, and other marks, drawings, and designations identified in Customer's order. Customer shall indemnify, defend and hold Berda harmless from and against all claims, liabilities and expenses (including attorney's fees) arising out of or related to an actual or alleged infringement or misappropriation of any trademark, copyright, or any other intellectual property or other proprietary right related to such merchandise order. 6. Delivery and Risk of Loss. Unless otherwise agreed to in writing, delivery shall be complete upon transfer of possession to common carrier, F.O.B. Shipping Point, whereupon title to and all risk of loss, damage to or destruction of the Products shall pass to Customer. All freight charges and other transportation, packing and insurance costs, license fees, customer duties and other similar charges shall be the sole responsibility of Customer unless otherwise agreed to in writing by Berda. In the event of any loss or damage to any of the Products during shipment, Customer should make claim against the carrier. 7. Notices. Any notice required or permitted to be made or given by either party pursuant to the Approval shall be in writing and shall be deemed sufficiently made and given if sent to the other party, via certified or registered mail, or other express mail service to the most recent known address of a party. 8. Confession of Judgment. Customer hereby empowers the Prothonotary or attorney of any court of record within the United States or elsewhere to appear for Customer, with or without one or more declarations filed, and confess judgment or judgments against Customer in favor of Berda for the unpaid balance, together with costs of suit and reasonable attorneys' fees, with release of all errors and without stay of execution, and inquisition and extension upon any levy of real estate is hereby waived and condemnation agreed to, and the exemption of all property from levy and sale on any execution thereon expressly waived, and no benefit or exemption shall be claimed or by virtue of any exemption law now in force or which may hereafter be enacted. BY SIGNING THIS AGREEMENT, CUSTOMER HEREBY ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THAT THIS PARAGRAPH ENABLES BERDA TO OBTAIN A JUDGMENT OR JUDGMENTS AGAINST IT WITHOUT AN OPPORTUNITY FOR A HEARING AND WITHOUT ANY PRIOR NOTICE OR OPPORTUNITY TO RESPOND. CUSTOMER FURTHER ACKNOWLEDGES THAT IT HAS AGREED TO THESE TERMS AND CONDITIONS AFTER HAVING CONSULTED OR HAVING HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND CUSTOMER NONETHELESS KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY HAS AGREED TO WAIVE AND GIVE UP ITS CONSTITUTIONAL RIGHT TO NOTICE AND HEARING PRIOR TO THE ENTRY OF JUDGMENT OR TO NOTICE AND HEARING WITH RESPECT TO DEFENSES OR VALID OBJECTIONS TO THE JUDGMENT. CUSTOMER FURTHER UNDERSTANDS THAT AFTER ENTRY OF JUDGMENT, BERDA HAS THE RIGHT TO CAUSE A WRIT OF EXECUTION TO BE ISSUED AND PROPERTY AND ASSETS SEIZED WITHOUT THE OPPORTUNITY FOR A PRE-DEPRIVATION NOTICE OR HEARING OR JUDICIAL DETERMINATION OF ANY NATURE AND NONETHELESS KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY HAS AGREED TO WAIVE ANY SUCH HEARING OR PRIOR NOTICE EITHER BEFORE OR AFTER ENTRY OF JUDGMENT. 9. Miscellaneous. The Approval and these Terms and Conditions may not be assigned or transferred by Customer without the written consent of Berda. The Approval and these Terms and Conditions may not be modified or amended except by an instrument in writing signed by the parties hereto. Any failure of either party to enforce any of the provisions of these Terms and Conditions will not be construed as a waiver of such provisions or the right of the party thereafter to enforce each and every such provision. In the event any provision of these Terms and Conditions is found to be invalid or unenforceable, the parties hereby agree that the court shall enforce such provision to the extent permitted by law and, to the extent such provision is not enforceable, shall enforce the remainder of these Terms and Conditions as if such provision were not included in the Terms and Conditions. These Terms and Conditions and the Approval, represent the entire agreement and understanding between the parties hereto with respect to the subject matter of these Terms and Conditions, and supersede any other agreement or understanding, oral or written. The provisions of the Approval supercede any conflicting provisions in the Terms and Conditions. The terms of Sections 1, 2, 3, 4, 5, and 8 will survive termination of this Agreement for any reason. These Terms and Conditions and the Approval shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws provisions, and Customer agrees to the exclusive jurisdiction of the Commonwealth of Pennsylvania with respect to any claims or causes of action arising from or relating to the sale of the Product, or this Agreement. The Approval may be executed in counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument.

By clicking the "Artwork Approved and Terms And Conditions Accepted" button below, Customer indicates its approval of and agreement with the specifications and the terms in this Product Specification Approval and the Terms and Conditions incorporated herein by reference (the "Terms and Conditions"). The Products set forth herein constitute a special order, are not returnable and are non-refundable. This is the exclusive and binding agreement between the parties covering the purchase of the goods and related services set forth herein. Additional or different terms proposed by Customer will not be applicable unless accepted in writing by BERDA CompuGraphix ("Berda"). No change, modification, or revision of this Product Specification Approval or the Terms and Conditions shall be effective unless in writing and signed by both Customer and Berda, and the provisions of this Product Specification Approval and the Terms and Conditions shall supercede any conflicting provisions in a Customer purchase order or other communication.

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