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Southpoint Photo Imaging Supplies, Inc. Also known herein as “SPIS” for this seller’s identity for this document. Website domain name is registered and represented as Southpointphoto.com Terms of Sales Agreement Other than as specifically provided in any separate formal purchase agreement between you and Southpoint Photo Imaging Supplies, Inc. these terms and conditions (this “Agreement”) apply to all online purchases from the website at www.southpointphoto.com (the “website”) and may not be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void. Sales agreement conditions apply for web and non web generated sales. Agreements By purchasing products from SPIS, you agree to be bound by and accept this Agreement. Orders are not binding upon SPIS until accepted by our processing of orders. We reserve the right to refuse sales fulfillment to anyone we deem necessary. SPIS will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you. Pricing Because prices, product descriptions, and availability can change quickly, SPIS does not warrant the accuracy or completeness of the information provided on the website. Prices are subject to change without notice as a result of market demands and fluctuations of a dynamic marketplace. The List Price is the suggested retail selling price of a product provided to us by manufacturers or the prices that we deem as market valued by competitive market factors from other suppliers. Certain product prices for on-line transactions may contain promotional pricing not available with off-line direct sales or sales by an SPIS sales associate. Although we periodically update the List Prices and On Line prices in our direct mail offerings and on our website as we receive them; in some cases manufacturers may change a suggested retail price without notice to us. Manufacturers’ special price marketing promotions are called out in our body site with hyperlinks to their respective redemption sites. Southpoint does not warrant the redemption for manufacturers direct rebate coupons or specials. Furthermore, we are not responsible for typographical errors in our catalog or within the body of the site related to pricing, promotional offers or warranties.
Payment Terms—Web site Orders We accept VISA, MasterCard, American Express, and Discover. Off line customers please call our customer service department at 1-800-553-5580. All sales are considered final. For orders on photographic consumables such as photographic chemistry, please call customer service number at 1-800-553-5580. Volume discounts may apply with verification of a sales order representative. Pricing for hazardous and or corrosive chemicals can not be administrated via web portal orders. Limited Quantities- description of products Some products, including those identified as Featured items, Specials, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis. We also reserve to right to post items not readily available in the market and are subject to slight description variances from art and or descriptive dialog. Shipping Charges—Taxes and Title Separate charges for shipping and handling will be shown on your order form. Most orders received before 2:00 p.m. Central Time, Monday through Friday, are shipped the same day! Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries. All items purchased from SPIS are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier. Deliver time duration is subject to an estimated variability range from 3 to 7 days after order completion and processing. Shipping carrier for internet sales is negotiated with UPS as our official carrier and timelines are subject to conditions as set forth by the rates of service at check out. For more information on our shipping policies, including rates, delivery times, and delays, please call us at 1-800-553-5580. We make every attempt to maintain consistency in shipping windows as specified in the UPS option tables. If applicable, a separate charge for taxes will be shown on the invoice. Currently, the only states for which we must charge sales tax are Texas. Limited Warranty All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to: Southpoint Photo Imaging Supplies, Inc. Film products do not contain an implied or stated warranty against dye fading or image stability. Some ink jet printer inks and or thermal dye paper coatings have manufacturers’ limited statements of longevity. SPIS has no implied or stated guarantee beyond the printed limited guidelines of those manufacturers. SPIS does not execute or uphold a separate warranty statement or time interval other than the original manufacturers warranty statement. Chemicals, silver halide papers, films, and inks have no expressed warranty from SPIS. Return Authorization Procedure Merchandise returns must be shipped to us within a 14-day return period from the date of invoice. Without exception, no returns will be accepted after this 14-day period from the date of invoice. All returns are subject to a 15% restocking fee, unless it is deemed a shipping error that was caused by us. The following conditions apply: Every item is inspected carefully prior to shipping. If you receive any damaged or re-taped packages, you must inform the carrier upon receipt of shipment and note the damages when you sign for the shipment. All claims for damaged or incorrect quantity shipped must be made to SPIS customer service within (4) four days of receipt of the merchandise. All returned items must include a Return Authorization Number obtained from calling customer service, be in the original packaging complete with all components including the warranty card and owner’s manual and show no signs of wear or abuse; otherwise the return will either be refused or subject to a 25% restocking fee. Please note credit card returns are issued a credit for purchase price. Refunds are made for product value only, excluding shipping and handling charges. No returns or exchanges will be accepted on special order items. Send your return to: Memory disks, batteries, and one time use cameras may be returned for credit only if they are in their original, sealed packaging. If defective, these items will only be exchanged for the same product. Software products can not be returned. For further inquiries to our return or shipping policies please contact our Customer Service Department at 1-800-553-5580; fax us at 972-239-2160. Limitation of Liability SPIS DOES NOT ACCEPT LIABILITY BEYOND THE GUIDELINES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SPIS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, SPIS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Governing Law These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Texas as those laws are applied to contracts entered into and to be performed entirely in Texas, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Dallas County, Texas, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
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