Models on Film Terms and Conditions of Sale
PLEASE READ THESE TERMS AND
CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN.
ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE
HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM
AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN Models on Film’S
INVOICE OR OTHER Models on Film DOCUMENTATION, CUSTOMER AGREES TO BE
BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER
AND Models on Film HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE
SEPARATE AGREEMENT WILL GOVERN. |
Important Information About These Terms and Conditions of
Sale
These terms and conditions of sale constitute a binding contract between you
("Customer") and Models on Film. Customer accepts these terms and
conditions of sale by making a purchase, placing an order or otherwise shopping
on Models on Film's Web site (the "Site"). These terms and conditions
of sale are subject to change without prior notice, except that the terms and
conditions of sale posted on the Site at the time Customer initially places or
modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between
Customer and Models on Film relating to the terms and conditions of sale of
products and services on the Site. Customer consents to receiving electronic
records, which may be provided via a Web browser or e-mail application connected
to the Internet; individual consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by
contacting Models on Film at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional
or different terms and conditions contained in any such purchase order will be
null and void. Customer agrees that the terms and conditions of sale contained
herein and in Models on Film’s invoice or other documentation will control. No
course of prior dealings between the parties and no usage of trade will be
relevant to determine the meaning of these terms and conditions of sale or any
purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY
THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN
COOK COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL
AND STATE COURTS LOCATED IN COOK COUNTY, ILLINOIS AND SUBMITS TO THE
JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER
CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT
TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides Models on Film with Customer’s carrier account number or
selects a carrier other than a carrier that regularly ships for Models on Film,
title to products and risk of loss or damage during shipment passes from Models on Film
to Customer upon shipment from Models on Film’s facility. For all other
shipments, title to products and risk of loss or damage during shipment passes
from Models on Film to Customer upon receipt by Customer. Notwithstanding the
foregoing, title to software will remain with the applicable licensor(s) and
Customer's rights therein are contained in the license agreement between such
licensor(s) and Customer. Models on Film retains a security interest in the
products until payment in full is received. Customer will be responsible for all
shipping and related charges.
Export Sales
If this transaction involves an export under the Export Administration
Regulations, the commodities, technology and/or software sold or distributed
under these terms and conditions of sale exported from the United States by Models on Film
were exported in accordance with the Export Administration Regulations.
Diversion, use, export or re-export contrary to United States law is prohibited.
The commodities, technology and/or software sold or distributed under these
terms and conditions of sale may not be exported or re-exported to Cuba, Iran,
Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are
ineligible under United States law to receive United States commodities,
technology and/or software. In addition, manufacturers' warranties for exported
products may vary or may be null and void for products exported outside the
United States.
Warranties
Customer understands that Models on Film is not the manufacturer of the products
purchased by Customer hereunder and the only warranties offered are those of the
manufacturer, not Models on Film. In purchasing the products, Customer is
relying on the manufacturer’s specifications only and is not relying on any
statements, specifications, photographs or other illustrations representing the
products that may be provided by Models on Film or its affiliates. In connection
with services, neither affiliates of Models on Film nor third party service
providers are agents of Models on Film and Models on Film has no obligation or
liability arising from any services performed by or any warranty, if any, made
by such service providers. Models on Film AND ITS AFFILIATES HEREBY EXPRESSLY
DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR
SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF Models on Film, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE
TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for details.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Pricing Information; Availability Disclaimer
All pricing is subject to change. Models on Film reserves the right to make
adjustments to pricing, products and service offerings for reasons including but
not limited to, changing market conditions, product discontinuation, product
unavailability, manufacturer price changes and errors in advertisements. All
orders are subject to product availability. Therefore, Models on Film cannot
guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER Models on Film NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS
OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
NEITHER Models on Film NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF
SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY Models on Film OR ITS AFFILIATES,
NEITHER Models on Film NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY
CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B)
$50,000.
Models on Film will not be responsible for any delays in delivery which result
from any circumstances beyond its control, including without limitation, product
unavailability, carrier delays, delays due to fire, severe weather conditions,
failure of power, labor problems, acts of war, terrorism, general insurrection,
acts of God or acts of any government or agency. Any shipping dates provided by Models on Film
are estimates only.
Third Party Services
Customer acknowledges and agrees that, in some instances, Models on Film and its
affiliates are resellers of services and are not the provider of those services.
In those cases, the third party service provider is the only party responsible
for providing services to Customer. In those cases, Customer will look solely to
the third party service provider for any loss, claims or damages arising from or
relating to the purchase or provision of such services. Customer hereby releases
Models on Film and its affiliates from any and all claims arising from or
relating to the purchase or provision of any such services by third party
service providers. Services may be subject to tax.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise,
whether preexisting, present or future, and including statutory, common law,
intentional tort and equitable claims) arising from or relating to the products
or services sold pursuant to these terms and conditions of sale, the
interpretation or application of these terms and conditions of sale or the
breach, termination or validity thereof, the relationships which result from
these terms and conditions of sale (including, to the full extent permitted by
applicable law, relationships with third parties who are not signatories
hereto), or Models on Film's advertising and marketing (collectively, a
“Claim”) WILL BE RESOLVED, UPON THE ELECTION OF Models on Film, CUSTOMER OR
THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If
arbitration is chosen, it will be conducted pursuant to the Rules of the
American Arbitration Association, with offices in Chicago, Illinois. If
arbitration is chosen by any party with respect to a Claim, neither Models on Film
nor Customer will have the right to litigate that Claim in court or to have a
jury trial on that Claim or to engage in pre-arbitration discovery, except as
provided for in the applicable arbitration rules or by agreement of the parties.
Further, Customer will not have the right to participate as a
representative or member of any class of claimants pertaining to any Claim.
Notwithstanding any choice of law provision included in these terms and
conditions of sale, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in
Chicago, Illinois. Any court having jurisdiction may enter judgment on the award
rendered by the arbitrator(s). Each party will bear its own cost of any legal
representation, discovery or research required to complete arbitration. The
existence or results of any arbitration will be treated as confidential. Notwithstanding
anything to the contrary contained herein, all matters pertaining to the
collection of amounts due to Models on Film arising out of sales hereunder will
be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Models on Film until accepted by Models on Film.
Terms of payment are within Models on Film's sole discretion. Invoices are due
and payable within the time period specified on the invoice, measured from the
date of invoice. Models on Film may invoice Customer separately for partial
shipments. Customer agrees to pay interest on all past-due sums at the lower of
one and one-half percent (1 1/2%) per month or at the highest rate allowed by
law. Customer is responsible for, and will indemnify and hold Models on Film
harmless from, any applicable sales, use transaction, excise or other similar
taxes (but not taxes imposed or measured by Models on Film's net income), and
from any federal, state or local fees or charges (including, but not limited to,
environmental or similar fees), imposed on, in respect of, or otherwise
associated with the order. Customer must claim any exemption from such taxes,
fees or charges and must provide Models on Film with the necessary supporting
documentation at the time of purchase. Any sales, use or other applicable tax or
fees or assessments is based on the location to which the order is shipped. In
the event of a payment default, Customer will be responsible for all of Models on Film’s
costs of collection, including court costs, filing fees and attorney’s fees.
Return Privileges
Please contact Models on Film via email at support@modelsonfilm.com to obtain a
Return Merchandise Authorization (RMA) before shipping product back to Models on Film.
This will expedite and help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand
when requesting an RMA number: Customer number, invoice number, serial number,
reason for return, action to take (replacement/repair/return/credit) and whether
the box has been opened or is manufacturer sealed. Click here to request an RMA
online.
Please return all products 100% complete including all original manufacturer
boxes with the UPC code and packing materials, all manuals, blank warranty
cards, accessories and any other documentation included with the original
shipment. RMA approval is contingent upon, among other things, the products
being 100% complete.
Customer is responsible for shipping charges to Models on Film’s
distribution center for all products being shipped for return, exchange or
replacement. Products exchanged or replaced will be shipped by Models on Film to
Customer, at Models on Film’s expense, using the same shipping method as was
used by Customer to ship the original products back to Models on Film. If the
carrier selected by Customer is not used by Models on Film, a comparable
shipping method will be selected.
Customer is responsible for all risk of loss and damage to products being
shipped for return, exchange or replacement. Please fully insure return shipment
in case of loss or damage. Please use a carrier that is able to provide you with
proof of delivery such as UPS, Federal Express or Airborne Express. This is for
your protection as well as to ensure quick action on your return.
Return shipping address:
Models on Film, 13685 Muscatine St, Arleta, CA 91331
Failure to return a product within the applicable return period will be deemed
to be an acceptance of the product.
Damaged Products
If Customer receives damaged products, please refuse the products upon original
delivery attempt. If damaged products are accepted from the carrier, such damage
should be noted on the carrier delivery record. Please save the product and the
original box and packaging and notify Models on Film immediately to arrange for
a carrier inspection and a pick up of damaged products. Please notify support@modelsonfilm.com
of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this
information is necessary for Models on Film to file a damage claim.
Check Payment Policy
Models on Film will accept a cashiers check or money order on all COD orders. Models on Film
will accept personal or business checks up to $12,000, subject to verification. Models on Film
will accept personal and business checks for prepay orders. Allow 10 business
days for clearing.
Contacting Models on Film
Click here
for Models on Film contact information.
Last Update: 6/27/05
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