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The Asheville Architectural Walking Tour©

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Any materials sent by customer to seller will be considered an acknowledgement of order by

the customer and an acceptance of the terms and conditions set forth herein

TERMS AND CONDITIONS

1. OWNERSHIP OF FINAL NEGATIVE. POSITIVES, DIGITAL FILES, PLATES AND ARTWORK - All digital files, negatives or positives,press (dates, sketches, separations, and artwork made by the Seller will remain the property of the Seller. all photography, graphic art and art work shall only be used by the buyer for the purpose of this order, other use shall be renegotiate with the seller unless otherwise specified in the agreement .

2. CUSTOMER'S PROPERTY - All Customer's property that is stored with he Seller is at the Customer's risk and the Seller shall not be liable for any loss or damage thereto caused by fire, water, leakage, breakage, theft, negligence, insects, rodents, or any other cause. Storage of completed goods shall be at the Customer's risk.

3. RETURN OF PROOFS, ALTERATIONSAND DELAYS - The customer hereby agrees to return promptly all specifications, proofs, dummies, sketches, blueprints, copies, etc. Alterations in, or delays in accepting or returning sketches, or proofs, and delays in submitting merchandise or models to be reproduced, will excuse the Seller from all responsibmiy for delays resulting there from. All "Customer's Alterations" (changes from original copy) which necessitate additional work, will be charged for at the Seller's regular rates.

4. VARIATIONS- Customer agrees that a reasonable variation of color between color proof and the completed job shall constitute an acceptable deliver. Customer acknowledges that it is impossible to print the exact quantity ordered and agrees that an overrun or underrun of not more than 10% of quantities ordered, shall constitute acceptable delivery by the seller.

5. GOVERNING LAW - This contract shall be governed by the laws of the State of North Carolina.

6. CANCELLATION - This order is not subject to cancellation by the customer.

7. PAYMENTS - Remittance shall be made payable only to the Seller's firm name and sent only to the Seller's home office. Customer agrees to pay any and all applicable excise, sales, use, occupational, or other taxes incidental to this sale, including those added to the invoice by the Seller. In the event customer delay this order or delivery, by such things as delay in supplying materials, responding to e-mail or other communication from the seller, or any other type of delay by 60 or more calendar days payment in full shall be required from customer before seller is required to do any further work. In such case and in the event payment in full is not made by customer seller has the absolute right, in his sole discretion, retain any monies already paid and recover the reasonable value of his services provide to that point.

8. SHIPPING, RISK OF LOSS - All transportation charges are to be paid by the Customer unless otherwise specified. The responsibility of the Seller ceases when goods have been delivered to carrier. All claims for in transit damage must be made directly to the carrier.

9. NO REPRESENTATIONS, LIMITATION OF LIABILITIES - Unless clearly set forth to the contrary in this order, Seller makes no representations or warranties or fitness for a particular purpose either express or implied, as to the goods or the delivery of the goods ordered, including without limitation, the implied warranty of merchantability seller shall, however use reasonable efforts to meet the projected delivery date stated herein. Seller shall not be liable to the Customer, or any other party for loss of profit, use, labor, material, or any other consequential damages resulting from delays in delivery or otherwise. Damages of any kinds, including but not limited to damages arising from the Seller's negligence or failure to perform under the contract or under any of its terms, shall be limited to the contract price paid by the Customer

10. RIGHTS IN PROPERTY - The Customer represents and warrant that it is the legal owner of the product(s), tangible and/or intangible, and copyright(s) therefore, that are submitted to the Seller for productions and/or publications and that is contains no matters that are libelous or scandalous or invades any person's right to privacy or other personal rights. The Customer also warrants and represents that it is lawfully entitled to reproduce any color transparencies, prints, artwork, type proofs, or any other copy submitted and will indemnify and hold the Seller harmless from ail claims and responsibilities arising from and in connection with production and/or publications of such material including but not limited to the legal expense and costs of the Seller.

11. ACCELERATIONS OF PAYMENTS" Any amount owing this order shall become due and payable immediately in the event of (a) a sale or mortgage by the Customer of the good deliverer hereunder (b) bankruptcy or insolvency of the Customer or the appointment or a custodian, trustee, receiver or liquidator of the Customer or the occurrence of a similar event, (c) attachment or execution against the Customer, or (d) refusal by the Customer to accept the goods from the carrier.

12. DISPUTES, LITIGATIONS, VENUE, JURISDICTION - ALL CLAIMS, DEMANDS, DISPUTES, DIFFERENCES, CONTROVERSIES. MISUNDERSTANDINGS, LAWSUITS, ACTIONS AND PROCEEDINGS ARISING OUT OF OR IN CONNECTIONS WITH OR IN RELATION TO ANY AGREEMENT ENTERED INTO BETWEEN SELLER AND CUSTOMER WHICH MAY NOT BE SETTLED BY SUCH PARTIES MAY ONLY BE LITIGATED IN THE APPROPRIATE COURTS OF BUNCOME COUNTY. NORTH CAROLINA. BOTH SELLER AND CUSTOMER BY ENTERING INTO THIS CONTRACT HEREBY CONSENT AND AGREE TO GRANTING THE APPROPRIATE COURT OF BUNCOME COUNTY. NORTH CAROLINA EXCLUSIVE JURISDICTION FOR THE PURPOSES OF ANY SUCH LAWSUIT, ACTION AND PROCEEDING AND WAIVES ANY AND ALL RIGHTS TO OPPOSE SUCH JURISDICTION OR TO DEMAND A CHANGE OF VENUE TO ANY OTHER JURISDICTION, IN THE EVENT OF ANY SUCH LITIGATION, THE PREVAILING PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES AND COSTS AT ALL TRIAL AND APPELLATE LEVELS.

13. COLLECTION EXPENSES - In the event any collection action becomes necessary, the Customer agrees to pay all collection exoense, including but but not limited to, reasonable attorneyÕs fees, arbitration costs and court costs plus accrued interest at a rate of 1.5% per month on the past due amount.

14. EXPERIMENTAL WORK - Experimental work performed at Customer's request. such as sketches, drawings, composition, plates, press work and materials will be charged for at Seller's current rates.

15. FORCE MAJEURE - Each of the parties hereto shall be relieved of its obligations hereunder (other than Customer obligation to pay for goods delivered and/or for other work performed in connection with this order) to the extent that it is unable to comply herewith for any cause beyond its reasonable control, inducing without limitation, fire, explosion, acts of God, changes in environmental or other applicable rules and regulations, acts of the public enemy, insurrections, riots, strikes, labor disputes, concerted refusals to work, labor or material shortages, interruptions of transportation, shortage of transportation equipment, breakdowns of or damage to equipment or facilities, or legislation.

16. COMPLETE AGREEMENT; NO STRICT CONSTRUCTION - The Customer acknowledges and agrees that this order is correctly written and that there are no conditions or agreements relating to the purchase which are not written on this order. Any changes or modifications of this order must be in writing and signed by both parties. The language used in this order and these terms and conditions will be deemed to be the language chosen by the customer.