Collectible Cameras :: Sales Agreement

Sales Agreement

Sales Agreement

This text is provided for your information. Please read it with the understanding that it is to be considered a binding agreement. When placing an order with Collectible Cameras you are agreeing to the contents of this agreement.



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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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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