Used Equipment Purchase Inquiry

SALES AGREEMENT BETWEEN TECHNOLOGICAL CINEVIDEO SERVICES, INC. (HEREINAFTER TCS) AND PURCHASER FOR MOTION PICTURE AND VIDEO EQUIPMENT AND RELATED ACCESSORIES AND SERVICES (HEREINAFTER EQUIPMENT) 

1. All sales are FOB New York. Purchaser has the option of having TCS deliver said equipment to Purchaser at a cost to be paid by Purchaser. Payment is due at the time of Purchaser’s receipt of said equipment (cash on delivery/ COD) unless Purchaser has previously established an account with Net Terms with TCS, is in good standing, and has issued a PO. At TCS’s sole discretion, it may agree to bill Purchaser for said equipment. If Purchaser fails to pay TCS within 30 days after payment is due, Purchaser shall then pay a sum equal to 1 and 1/2 percent interest per month of the unpaid balance from the date said payment is due until the outstanding balance is paid in full. Equipment will not be released or shipped to Purchaser until full payment is received or Terms are confirmed. 

2. New sales items can be returned within 10 days of the purchase date, if; 1) they are accompanied by proof of purchase, and 2) all of the original materials (packing, paperwork, accessories, etc.) are present and intact at the time of return, and 3) the item(s) do not show any signs of usage. If all these conditions are met, TCS can give 100% of the value as store credit or purchase price minus a 15% restocking fee for money back. If the equipment shows signs of use, wear and tear, we reserve the right to completely refuse the return and not offer a refund. If, under special circumstances, we do agree to accept such a return, no store credit option will be offered, and the restocking fee will be higher than 15% and solely determined by TCS. 
a) All special orders of new equipment and recording media (tape stock etc) and used equipment are final sales (no returns). There are no exceptions for purchases that fall into these categories. It is the Purchaser’s responsibility to understand the specifications, capabilities, and limitations of the equipment — new or used — prior to purchase. 

3. This agreement extends only to the original purchaser of the equipment and is not transferable without prior written consent by TCS. All warranty claims must be made within the coverage period or else said equipment shall be deemed out of warranty and TCS shall have no further obligation or liability herein. TCS’s warranty covers equipment breakdown or parts failure and only applies to uses for which the equipment was intended and designed for; any unintended uses will void this warranty. TCS’ sole responsibility for warranty claims is limited to repairing the equipment to the condition it was sold as, including the replacement of parts as determined necessary by TCS, with new or reconditioned parts, at TCS’ sole discretion. The warranty does not cover damage due to external causes, including accident, abuse and/or misuse, as solely determined by TCS, acts of God, war, or damage sustained to equipment not purchased from TCS. Any attempt to repair the equipment by persons other than TCS employees will immediately and completely void the warranty, and TCS shall have no further liability or obligation herein. The warranty coverage period begins with the purchase date or delivery/ pickup date; whichever is earlier, unless otherwise specified herein. 
a) New equipment is covered by the manufacturer’s warranty, unless otherwise specified herein. All warranty claims should be directed to the manufacturer pursuant to its warranty terms. Under no circumstances shall TCS be liable for warranty claims not honored by the manufacturer, and Purchaser agrees that Purchaser has no recourse against TCS. 
b) Used equipment, that is equipment not sold as new, shall be covered by a warranty period of 45 days. Used batteries are sold as-is and therefore come with no warranty, nor any kind of guarantee of capacity or performance. 
c) If the transaction takes place via an intermediary like eBay or Sharegrid or any other platform or via a broker, then TCS’ obligations are limited to the Terms and Conditions of those platforms and only extend to the original Purchaser. In other words, the above described warranty terms, return policy etc. do not apply to transactions that fall in this category. Under no circumstances does TCS have any obligation to an item resold to another person such as through a broker or from end user to end user; they are limited to the original Purchaser of record. 
d) Serviced or repaired equipment shall be covered by a warranty period of 60 days and is limited to the specific area of nonconformity. Service quotations are estimated as closely as possible. However, during actual repairs it may be determined that additional parts and labor are necessary. A diagnostic fee of $200 will be charged for all declined repairs. 

4. Terminations: If the equipment ordered by Purchaser is not available for delivery or pickup for any reason, TCS may cancel this agreement and its sole liability shall be the return of any monies paid by Purchaser. If the purchaser pays TCS a non-refundable deposit for equipment, whether new or used, and does not complete the transaction, the deposit is forfeited to TCS. 

5. TCS’s acceptance of the return of the equipment does not release Purchaser from any liability whatsoever. Purchaser further agrees to allow TCS sufficient time, such time is to be solely determined by TCS, to inspect said equipment for any latent or patent damage and to repair and/or replace said equipment as TCS determines according to its warranty policy set forth herein. 

6. TCS’s retaking possession of any equipment as provided herein, is in no way to be construed as releasing Purchaser from its liability and obligations herein. At said retaking, this agreement shall thenceforth terminate, without prejudice to any right or claim for any sums due, if any, or on account of any preceding breach or breaches of this agreement, or the loss of any monies, and for any other claim that TCS may have against Purchaser. 

7. If Purchaser shall default on any terms, covenants and conditions herein, or fails to timely make payments as due, including any payments on net terms, or if any execution of legal process is commenced in any action or proceeding against Purchaser whereby said equipment may be seized or taken, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against Purchaser or its property, or if Purchaser shall enter into any arrangement or composition with its creditors, or in the event that any judgment is obtained against Purchaser, then in any of these aforementioned events, TCS shall have the option to retake immediate possession of said equipment, and for such purpose, TCS or anyone acting on its behalf has the absolute right to enter upon any premises where said equipment may be, and may remove said equipment there from, with or without force, and with or without notice of intention to retake, without being liable to any suit or action or other proceeding by Purchaser. 

8. Under no circumstance shall TCS be liable to Purchaser for any loss whatsoever or claim made against Purchaser in the event any equipment does not work properly, or is unavailable or for any other reason TCS is unable to fulfill its obligations herein. Such event will not release Purchaser from this agreement and TCS's sole liability to Purchaser is to replace or repair said equipment pursuant to the terms of the warranty set forth herein. 

9. Purchaser agrees to pay for all costs incurred by TCS in protecting its rights or property herein, including but not limited to, attorney's fees. 

10. The parties agree to submit any disputes to the New York office of the American Arbitration Association, whose determination shall be final and conclusive upon the parties hereto. 

11. If any provisions of this agreement are found to be invalid and/or unenforceable in any court of competent jurisdiction or otherwise, said provisions shall in no way affect the rest of this agreement and said remainder of this agreement shall still be in full force and effect. 

12. The construction, effect and validity of this agreement shall be determined in accordance with the laws of the State of New York. 

13. This agreement contains the entire understanding between the parties and no terms, representations or warranties, express or implied, not herein set forth in writing shall bind TCS. This agreement may not be changed or modified except by another written agreement signed by the parties to this agreement.