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Warranty, Terms and Conditions of Sale
WARRANTY AND REPAIRS
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. ("API") 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 API, 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 API, 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.
DEFAULT AGREEMENT
Should the vendee 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.
MISCELLANEOUS PROVISIONS
Governing Law - this agreement shall be governed by and construed under the laws of the State of
Tennessee, the United States of America, despite situs 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.
This document is applicable to Adtec’s Offer of Sale and no other terms and conditions of sale
shall apply to this offer.
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