AGREEMENT FOR THE SALE OF GOODS
Agreement between Dino Gaspari dba as "Pinballdepot"
610-55 Hasting St.
Dollard-des-Ormeaux, QC H9G 3C5
Canada
Tel 438 558-9137
referred to as the "seller" and referred to as "buyer"
1. SALE OF GOODS
"Seller"" shall sell transfer, deliver to buyer the pinball machine or merchandise of the sort agreed to as described on eBay and or the pinballdepot website or via email correspondence. The “Buyer “ recognizes entering this agreement once credit card information is emailed to the “Buyer” via our website form.
2. CONSIDERATION
""Buyer" agrees to purchase and pay for the said pinball herein described on eBay and or the pinballdepot website"or via email correspondence via credit card by filling out the credit card authorization form, which forms an integral part of this agreement. Currency is determined by country of residence currency. Where advertised, the purchase includes shipping for the pinball to terminal location near buyer for pick up. This does not include any applicable duties ,storage fees, or any other additional fees added by customs ot transport company whether it be taxes or examination of goods.
3. PAYMENT & RECEIPT
The "buyer'' authorizes the seller to take payment from the buyer’s credit card by entering their credit card information on the the pinballdepot website form "pay for my pinball"" form.
The seller promises to ship the goods within a reasonable amount of time usually 5 to 10 business days of receipt of final payment posted to pinballdepot bank account..
4. TERMINAL DELIVERY CONSTRUED AS DELIVERY
Goods are deemed as received when delivered to destination terminal. In the event the goods are abandoned at the transportation terminal, the goods will be deemed delivered.
*We are not responsible for storage fees charged to consignee in the event the consignee cannot pick up and/or have his/her freight delivered within 2 days of freight arrival at at consignee destination terminal.
5. Examination by customs
in the unlikely event customs decides to inspect a shipment which incurs additional costs to the "seller" the "buyer" is responsible to pay for that additional cost. An examination report will be provided via email and an invoice and payment can be made via credit card on the pinballdepot website.
6 DAMAGE
The "buyer" acknowledges the "seller" is not personally responsible for any damages whatsoever that occur to the said merchandise, regardless of the cause or during transportation. All claims regarding damages must be made directly to the transport company by the buyer.
7. GOODS QUALITY
The "Seller" assures "The Buyer" the merchandise will be verified and deemed working condition before shipping unless otherwise agreed.. The “buyer” also acknowledges the goods are sold "as is" "where is" with no returns accepted and no warranties implied.
7.1 PACKAGING
The “Seller” assures “The Buyer “ pinball machines will be properly palleted in an upright position for proper freight transportation. Cardboard may be used at the shippers discretion and not always available when shipping from our distributors.
7.2 PHOTOS
The “Buyer” acknowledges the photo of a palleted pinball advertised on eBay or elsewhere by pinballdepot is there to offer an idea of what a palleted pinball looks like and is not always representative of what the actual purchased pinball palleted will look like especially because it hasn’t been palleted yet.
8. BINDING
Both parties acknowledge this agreement to be binding and supersedes any previous agreement including those used by payment processing companies.
.9 JURISDICTION
The parties agree that this Agreement shall be governed by the laws of the province of Quebec and the federal laws of Canada applicable therein. The Parties attorney to the exclusive jurisdiction of the courts in the judicial district of Montreal, Quebec in respect of any dispute related to this Agreement.
10 ELECTRONIC SIGNATURES This Agreement may be executed by facsimile signature or electronic exchanges of documents bearing a scanned signature, and a facsimile or copy of a signature, electronic or otherwise, is valid as an original.
.11 LEGAL DISCLAIMERS. THE PARTIES AGREE THAT (A) THE BUYER HAS HAD A FAIR OPPORTUNITY TO EXAMINE THE EQUIPMENT AND HAS EXAMINED OR WAIVED THE OPPORTUNITY TO EXAMINE THE EQUIPMENT, (B) THE EQUIPMENT IS BEING PURCHASED BY BUYER ON AN “AS IS, WHERE IS” BASIS WITH NO REPRESENTATION, WARRANTY OR GUARANTEE OF CONDITION OR PERFORMANCE WHATSOEVER, EXPRESSED OR IMPLIED, HAVING BEEN MADE BY SELLER, BEYOND THE IDENTIFICATION OF THE EQUIPMENT SET FORTH ON THE FIRST PAGE OF THIS AGREEMENT, OR AS TO THE CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER CONCERNING THE EQUIPMENT, ITS USE OR ITS PERFORMANCE, (C) THE EQUIPMENT IS DESCRIBED FOR THE SAKE OF IDENTIFICATION ONLY, AND THIS AGREEMENT SHALL NOT BE A “SALE BY DESCRIPTION” BECAUSE OF THE USE OF SUCH DESCRIPTION, AND (D) ANY LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE INSPECTION, DELIVERY, PICK-UP, PURCHASE OR USE OF THE EQUIPMENT OR ARISING FROM BUYER’S INABILITY TO USE THE EQUIPMENT EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT OR FOR ANY OTHER CAUSE, SHALL BE THE SOLE RESPONSIBILITY OF "'BUYER'', AND IT SHALL INDEMNIFY ''SELLER'' FOR ANY SUCH ITEMS.
12. LIMITATION OF LIABILITIES. BUYER ASSUMES ALL LIABILITY RELATED TO THE USE OF THE EQUIPMENT AND ''SELLER'' SHALL NOT BE LIABLE FOR USE OF THE EQUIPMENT BY ''BUYER'' OR ANY THIRD PARTY. BUYER SHALL INDEMNIFY AND HOLD SELLER, ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, CONSULTANTS AND REPRESENTATIVES HARMLESS FROM ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE (INCLUDING ATTORNEYS FEES) DIRECTLY OR INDIRECTLY ARISING FROM THE INSPECTION, PICK-UP, PURCHASE, DELIVERY, OR USE OF THE EQUIPMENT OR ARISING FROM BUYER’S INABILITY TO USE THE EQUIPMENT EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT OR FOR ANY OTHER CAUSE.
13. AGREEMENT
This Agreement constitutes the entire agreement and understanding between the parties related to the subject matter hereof and supersedes all prior discussions and agreements whether oral or written, relating to the subject matter hereof.
The parties hereto have requested that this Agreement, documents and software relating here to be in English. Les parties aux présentes ont exigé que ce contrat ainsi que tous les documents et logiciel s’y rattachant soient en anglais.
Terms and Conditions
