Terms and Conditions
All Sales of COLORIZE Products are Governed by our Terms and Conditions of Sale, set forth as follows:
1. PRICE: Unless otherwise stated all prices shown at Colorize are exclusive of duties, VAT and other applicable taxes. The product prices shown do not include the delivery fee, which will be added to your total order price.
2. RETURNS: It is the Customer's responsibility to assure compliance to specification of all goods received. If there is any quality and quantity on the goods received, please contact our firstname.lastname@example.org before using the products. For details, please see RSC.
3. RISK OF LOSS AND INSURANCE: All sales to customer are ex-works Hong Kong.
All risk of loss and destruction of or damage to all the equipment by reason of theft, fire, water or any other cause shall pass to Customer upon shipment of the equipment to the Customer, and the occurrence of any such casualty shall not relieve the Customer from making payment of the balance of the purchase price. It shall be the obligation of the Customer to obtain and maintain sufficient insurance to cover the value of the equipment against loss, destruction or damage by reason of any cause, and to name Seller as an additional insured on said policy in order that Seller shall obtain the proceeds of any claim for such loss, damage or destruction to the extent of its outstanding balance with the Customer.
4. INSTALLATION AND DELIVERY: Unless a specific fee is set forth on the face hereof, all items are sold without installation or delivery.
5. MATERIAL AND SUPPLIES: All of the terms and conditions herein apply equally to material and supplies. All material and supplies is sold "as is" without any warranty except as may be provided by the manufacturer. Manufacturer's warranties are sole responsibility of manufacturer.
6. INDEMNITY: Customer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, proceedings, expenses, damages or liabilities including attorney's fees, arising in connection with the equipment, including, without limitation, its manufacture, selection, purchase, delivery, possession, use, operation, or return and the recovery of claims under insurance policies thereon.
7. REMEDIES UPON DEFAULT: Failure of Customer to perform its obligations hereunder including, without limitation payment in full of the purchase price for the equipment or the insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution, liquidation, or winding up of the business of Customer shall constitute a default under this Agreement, and shall afford to Seller the right to immediately recover the equipment without notice by the Customer.
8. PLACE OF PAYMENT: All payments to be made by Customer to Seller under the terms of this contract are to be made at the Seller's place of business as set forth on the face of this document, or such other place as the Seller shall direct.
9. ATTORNEY'S FEES AND COSTS OF REPOSSESSION: In the event it becomes necessary for Seller to enforce the terms and conditions of this Agreement, including Seller's disclaimers and limitations of liability, Seller shall be entitled to recover all of its costs including all costs of repossession, and actual attorney's fees in all manners of collection and in trial and appellate levels.
10. INABILITY TO PERFORM: Seller shall not be required to perform its obligations under this Agreement, or be liable for its failure to perform, if nonperformance is caused by any strike, work stoppage, transportation or any cause not within the control of Seller.
11. LIQUIDATED DAMAGES: All payments and deposits made by customer as set forth in this agreement are non-refundable and shall constitute liquidated damages in the event of a customer's default, since the amount of damages is incapable of being ascertained.
12. VALIDITY OF AGREEMENT: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
13. CUSTOMER: Understands and agrees that neither Seller nor any of its salespersons or employees are agents for any finance company utilized by the Customer in the purchase or lease of the property listed on the face hereof.
14. AGREEMENT: This Agreement contains the entire Agreement between the parties hereto with respect to products purchased. No promise, representation, warranty or covenant not included in Agreement has been or is relied on by either party. Each party has relied on its own examination of this Agreement and the provisions hereof and the counsel of its own advisors. The failure or refusal of either party to inspect the agreement or other documents or the failure to obtain legal or other advice relevant to this transaction constitutes a waiver of any objections, contentions, claims that might have been based upon such reading, inspection or advice. No modification or amendment to this Agreement shall be of any force or effect unless in writing executed by the Customer and authorized representative(s) of Seller. This Agreement is not assignable by Customer without the prior written consent of Seller. The placement of order with , or the delivery or acceptance of products or service from Seller constitutes acceptance of above terms.