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Terms & Conditions

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 on-line or off-line purchases received from phone, email, or fax. This applies as well to 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 received from phone, fax, or email.

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. SPIS will indicate its acceptance of an order by acknowledging your order by reply email, verbal confirmation, fax confirmation, or by shipping the ordered items to you.

Pricing

Prices, product descriptions, and availability are subject to change without prior notice.
Certain product prices for shopping cart transactions may contain promotional pricing not available with off-line direct sales, eBay store sales or sales by an SPIS sales associate. Premier customers managed by a SPIS sales associate may have volume discounts quoted outside of the normal shopping cart pricing and may be eligible for freight allowance.

Rebates/Coupons:

Southpoint does not warrant the redemption for manufacturers direct rebate coupons or specials.

Payment Terms—Shopping cart site orders

We accept VISA, PayPal, MasterCard, American Express, Discover and ACH Payments. 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, or request a quote from the Premier membership portal by completing the necessary forms. Volume discounts or freight allowance may apply with verification through an assigned SPIS sales representative through the Premier member registration. Pricing for hazardous materials such as photo chemicals will be assessed a handling fee charge added to the product costs in the customer cart.


Limited Quantities- description of products

Some products, including those identified as Clearance 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/handling will be shown on your sales order and invoice. 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 provided they are in stock. If not in stock, you will be notified in the event of a backorder. 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 2 to 5 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. Premier customer volume shipments are delivered by via best LTL carrier as determined by SPIS.

Shipment Inspection Notice

Notice to all Customers, that Southpoint Photo Imaging Supplies, Inc. will not be responsible for any missing items, damages and/or claims made unless noted at the time of delivery receipt.  Please count your pieces and inspect all merchandise before signing delivery receipts from our carrier. This applies to all single parcel shipments sent via UPS or palletized shipments sent via LTL trucks. We cannot initiate a claim on your behalf without this notation. For more information on our shipping policies, including rates, delivery times, and delays, please call us at 1-800-553-5580.
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 and New York.

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.
 9008 Governors Row
Dallas, TX 75247

Film products do not contain an implied or stated warranty against dye fading or image stability.
Some ink jet printer inks and papers 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 manufacturer’s 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 minimum 25% restocking fee (with the exception of those categorized as Non-Returnable described below), 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 be refused and not eligible for credit. We recommend in some instances insuring the return to avoid this situation. (Return Authorizations will be valid only 15 calendar days from the date of issue and then will be closed permanently with no exceptions if product has not been returned in that time window). 
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.

Non-Returnable Items:

•    Photo sensitive consumable items such as: film, control strips, silver-halide paper, chemistry, bulbs, CD’s, DVD’s, and software.
•    Items that show wear or have been damaged or abused.
•    Close-out items
•    Special order items
•    Outdated or opened items that are deemed not sellable condition

Defective Product

If an item is defective we can exchange it if we are notified within 4 days from the date of the invoice. For defective product, we will issue a UPS call tag to have the product picked up. We will ship out the replacement via UPS ground service once we receive back the defective product. If you would like us to ship the replacement product before we receive the defective product back, we must charge you for the replacement. We will then issue a credit back to your credit card once we receive the defective product.
For further inquiries to our return or shipping policies please contact our Customer Service Department at 1-800-553-5580; or 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.
Furthermore, we are not responsible for typographical errors in our site catalog or within the body of the site related to pricing, promotional offers or warranties.
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 unless Southpoint at its choosing determines a more suitable venue for claims arising on their behalf only.

Website Privacy Policy

Soutpoint Photo Imaging Supplies, Inc. and southpointphoto.com respects the privacy of its customers and visitors.
If you have any questions about the operation of our website, please write
to us at contact@southpointphoto.com  Our server site is a SSL secure socket communication portal and ensures verified server authentication.
Forms for tax exemption, and credit terms are administered in self writing Adobe PDF format for faxing financial data information for transactions.
Our website collects names, email addresses, and other customer information when submitted with one of our online forms, such as our registration sign up form.

This data is used solely by southpointphoto.com and is not shared, traded, or sold to third parties.

Our website also collets non-personal data through the use of server-based session variables, which we use to achieve important site functionality,

including the recognition of logged-in users and the secure passing of shopping cart information.



License to use website

Unless otherwise stated, Southpoint Photo Imaging Supplies and/or its licensors and brand partners own the intellectual property rights in the website and material on the website.

Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use or business records.
You must not:
 
•             Republish material from this website, including our terms and conditions, and “your user content” (1)----  for republication on another website);
•             Sell, rent or sub-license material from the website;
•             Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
•             Edit or otherwise modify any material on the website;
•             Redistribute material from this website [except for content specifically and expressly made available for redistribution , ie Facebook/southpoint photo, wish lists etc.].
(1) “your user content” = means material including without limitation text, images, audio material, video material.

Credit Source:  This License to use website section was created using in part Contractology template available at  http://www.freenetlaw.com