Terms and Conditions of Sale
The purchaser agrees to pay the total order price shown on the Offer of Sale in accordance with the terms shown on the Offer of Sale. On trial purchases, the purchaser agrees to return the equipment in good condition at the conclusion of the trial period shown on the Offer of Sale in lieu of payment. The purchaser agrees to pay for unreturned equipment or equipment that has been subject to misuse, negligence, or accident.
The equipment offered hereby is warranted to be free from defects in material and workmanship at the time of its shipment from the point of manufacture for a period of one year from the original date of purchase. Adtec Productions Inc. will repair or replace any part of the equipment that fails to conform to this warranty, for a period of one year from the original date of purchase. The original purchaser must promptly return any component(s) needing repair to Adtec Productions, Inc., together with proof of purchase. The component(s) should be shipped properly packed, insured, with prepaid postage, to: Adtec Productions, Inc., 2231 Corporate Square Blvd., Jacksonville, FL 32216. This is the exclusive warranty provided to the original purchaser by Adtec Productions, Inc. and this warranty is made in lieu of all other warranties, expressed or implied, including any warranty of merchantability or fitness for a particular purpose, or warranty or representation of any kind previously made or issued. No warranty of any kind is made, or shall be imposed, with respect to products that have been (1) subject to misuse, negligence, or accident; or (2) have been altered or repaired by anyone other than the original manufacturer, or its authorized representative. Any remedy, whether in contract, tort, or strict liability, arising out of warranties or representations, or defects from any cause, shall be limited exclusively to the repair or replacement under the conditions aforesaid. The company is not responsible for direct or indirect incidental, or consequential damages, or loss of use for any reason, including, but not limited to, economic losses, or other business expenses, or costs resulting from a warrantable failure. This warranty shall not apply if the original purchaser has failed to substantially comply with any term or condition under its sales agreement with API, all disclaimers otherwise to remain in effect.
Should the vender fail to make any of the payments required under this agreement, and/or in the event that the vendee should fail to perform any other term or condition required under this agreement, vendor may declare vendee to be in default. Should vendor refer such default for collection and/or legal action, the vendee agrees to pay all consequential damages, including attorney’s fees and costs incurred by vendor in pursuing said delinquent obligation. If demand by counsel is pursued or suit is brought to enforce this agreement, the vendor shall be entitled to all court costs, expenses, and a reasonable sum for attorneys fees. Interest on the principal balance outstanding shall be twelve percent per annum (one percent per month). In the event of default, vendor is hereby granted a security interest in any of vendee's property in vendor's possession, and vendor is entitled to the proceeds of such property, and/or may claim a setoff.
- Governing Law - this agreement shall be governed by and construed under the laws of the State of Tennessee, the United States of America, despite sites of making.
- Choice of Forum - it is agreed by the parties that at the sole discretion of the vendor, venue shall be in any court of competent jurisdiction in Davidson County, State of Tennessee, the United States of America. The English language shall be used throughout judicial proceedings. Said courts shall retain jurisdiction over both the person and property of the vendee.
- Acceptance of Offer - the offer stated herein is expressly limited to acceptance of the terms of the OFFER OF SALE, and no additional or different terms which may be proposed by the vendee shall become part of the contract.
- Limitation of Actions - any action arising from a breach of this agreement must be brought within one year from the date of said breach and no action on the warranty can accrue after the one-year period from the original date of purchase provided by the express warranty stated herein.
- No Modification - this agreement may not be modified except in writing evidencing such a modification and signed by both parties.
- No Waiver - no term, provision, or right of this agreement shall be deemed waived by any expression or act of the vendor unless such waiver is in writing and signed by an authorized agent of the vendor.
- Assignment and Delegation - no right or obligation of the parties under this agreement may be assigned or delegated without vendor's prior written consent.
- Severability - the terms and conditions of this agreement are severable, and should any term or condition be declared invalid or unlawful, all other terms and conditions shall remain in full force and effect.