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THANK YOU FOR YOUR ORDER. INSPECT YOUR ORDER IMMEDIATELY UPON RECEIPT.
PLEASE RETAIN ALL BOXES AND PACKING MATERIALS AND DO NOT CLAIM ANY
REBATES OR WARRANTIES UNTIL YOU ARE SATISFIED YOUR EQUIPMENT IS
FUNCTIONING PROPERLY.
In consideration of the
mutual promises contained in this Collectible Cameras, Inc.,
invoice, and the receipt, adequacy and sufficiency
of which is hereby acknowledged by the parties, the parties further
agree as follows:
- Collectible Cameras
shall sell to the customer ("You") the items specified herein
("Items"), and is providing Items in accordance with Your desires as
found in this Invoice. You agree to pay Collectible Cameras the full amount as stated
on this Invoice ("Invoice Price"). Collectible Cameras shall retain an ownership in any
and all Items sold or provided under this Invoice, until all payments
required to be made hereunder have been made in full. Upon Your failure
to make any payment or payments due under this Invoice, Collectible Cameras shall be
entitled to recover any or all of the Items furnished or any part of
them, file a mechanic's lien and/or retain any payments received as
liquidated damages, in addition to any other remedy at law or equity to
recover the full amount of this Invoice Price. In the event of default
in any payment by You, said Invoice Price shall incur an 18 percent
interest rate on the full amount of this Invoice price from the date of
default. A failure to make full payment as required within 45 days of
the shipment date shall be deemed a breach of this Invoice. You agree
to take reasonable precautions in protecting all Items delivered until
the making and acceptance of final payment.
- IN
NO EVENT WILL EITHER PARTY'S LIABILITY OF ANY KIND, REGARDLESS OF THE
FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, EXCEED THE
INVOICE PRICE OR INCLUDE ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, EVEN IF THE OTHER PARTY HAS KNOWLEDGE OF THE POSSIBILITY OF
THE POTENTIAL LOSS OR DAMAGE.
- You
are responsible for any and all taxes, duties, customs charges, or
other fees charged by various government agencies as may arise by the
purchase and/or delivery of the Items to You. Except for sales taxes
due to the State of Arizona, You are responsible for complying with and
satisfying the demands of these agencies. Your obligation to make full
payment of the Invoice Price shall remain in force even if delivery of
these Items to You is partially or indefinitely delayed due to the
policies, actions or omissions of action by any of these agencies.
- If
Collectible Cameras represents the Items as functional, Collectible Cameras will warranty Items for 35
days from the date of shipment ("Warranty Period"). You agree that Collectible Cameras
may, at its sole discretion, fulfill its warranty obligation by
repairing, replacing, or refunding the purchase price of the Items in a
timely manner. NOTWITHSTANDING THE FOREGOING, Collectible Cameras MAKES NO EXPRESS
WARRANTIES HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES
ARE EXCLUDED. Under no circumstances shall Collectible Cameras be responsible for any
liability, loss, or damage, caused by You or any third party. Collectible Cameras shall
not assume any liability or responsibility for the performance of such
Items or product, the quality of the Items, or any subsequent
installation, modification, servicing or maintenance thereof as may be
required. You do hereby release, discharge, indemnify, and hold harmless Collectible Cameras from any and all liability or loss or damages arising out of or in connection with the performance of such work by others, including without limitation the installation, modification, servicing and maintenance thereof. Collectible Cameras will not accept any return for repair, replacement or refund, any item that has been serviced, by a third party, without written authorization from Collectible Cameras.
- Collectible Cameras
will accept returns if arrangements are made by contacting and
confirming arrangements with Collectible Cameras within 7 days of Your receipt of an
Item, or 14 days from the date of shipment, whichever date is earliest.
Beyond this date Collectible Cameras reserves the right to repair, replace, or issue
credit towards a future purchase at Collectible Cameras, in lieu of a refund. New Items
must be returned in perfect, brand-new condition with all original
packing materials, accessories, manuals, warranty card, etc. in new,
unused, perfect condition. All other Items must be returned in the
condition in which they were originally shipped to You. A restocking
fee of at least 10% (ten percent) will be charged if any components are
missing, if any Items were damaged while in your possession, or if
arrangements are not made within the 14 days stated previously. Ask for
a Return Authorization (RA) number for the package. This will speed up
the refund process. Condition will be assessed at the sole discretion
of Collectible Cameras. If an Item is damaged in shipment back to Collectible Cameras, the refund may
be delayed pending insurance settlement with the shipping company. You
agree to fully cooperate with Collectible Cameras and the shipper and insurer if Items
are damaged in shipment and an insurance claim is being made to the
shipper or insurer. Also be advised that we do not refund shipping
charges.
- When
shipping Collectible Cameras an Item for return or repair, You agree to insure it for
the full value of the Items as indicated on this Invoice. Collectible Cameras will not
be responsible for Items lost or damaged when they are shipped to Collectible Cameras.
You are advised to ship by Federal Express, Airmail or Express Mail, or
by United Parcel Service.
- Collectible Cameras
shall not be responsible for errors, delays, failures, or omissions
under this Invoice due to any cause beyond Collectible Cameras' control, including but
not limited to: labor disturbances, riots, fires, earthquakes, floods,
storms, lightning, epidemics, war, disorders, hostilities,
expropriation or confiscation of properties, failure of and delays of
carriers, interference by civil or military authorities, acts of God,
and perils of the sea and the like. Collectible Cameras shall not be responsible for
any consequential damages incurred by You as the result of any type or
error or delay.
- This
Invoice contains the entire understanding of the parties with respect
to the subject matter hereof and the transactions contemplated hereby.
This Invoice supercedes all prior and concurrent oral statements and
representations. This Invoice may not be changed orally but only by an
agreement in writing signed by the party against whom enforcement of
any waiver, change, or modification, extension or discharge is sought.
This Invoice shall be interpreted and enforced in accordance with the
laws of the State of Arizona. If there is a determination by a court of
competent jurisdiction that one or more of this Invoice's clauses are
found to be unenforceable, illegal, or contrary to public policy, this
Invoice will remain in full force and effect except for those clauses
found to be unenforceable.
- No
act, omission or delay by Collectible Cameras in enforcing any right under this Invoice
shall waive any right under or breach of this Invoice by You. Collectible Cameras'
waiver or a breach of any provision of this Invoice by You shall not
operate or become construed as a waiver of any subsequent breach by You.
- For
any controversy or claim arising out of, or relating to this Invoice,
or its breach, all parties shall submit and not object to jurisdiction
and venue in the Maricopa Country Superior Court, State of Arizona,
U.S.A. Should it be necessary for either party to initiate legal
proceedings to enforce the terms of this Invoice, the party to such
legal proceedings who substantially prevails shall be entitled to
reasonable attorneys' fees and costs ("Cost"), with a maximum Cost
equal to the Invoice Price, from the party or parties who do not
substantially prevail.
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