Terms and Conditions
This User Agreement For Online Sales ("Agreement") describes the terms and conditions applicable to your use of www.usedlighting.com (this "Site"), which is a division of 4Wall Entertainment, Inc. ("4Wall Entertainment"), and the general principles for the use of the websites of UsedLighting.com's subsidiaries and international affiliates. Additionally, this Agreement set forth the terms and conditions of the purchase of equipment through this Site as sold by 4Wall Entertainment, 4Wall Enterprises, Inc. ("4Wall Enterprises") or 4Wall Phoenix, Inc. ("4Wall Phoenix"). The term "4Wall" shall refer to the applicable company, 4Wall Entertainment, 4Wall Enterprises or 4Wall Phoenix that is selling such equipment through this Site. Prior to registering to use this Site, submitting a purchase order for products listed on this Site or otherwise accessing information from this Site, please carefully read this Agreement.
1. GENERAL TERMS
By accessing this Site, you agree to the terms and conditions set forth below.
All prices quoted are in U.S. Dollars. Such prices are subject to availability and change without notice, subject to the sole discretion of UsedLighting.com.
All sales are on a prepayment basis only. UsedLighting.com reserves the right to charge a $25 fee on all charge backs. Checks returned for insufficient funds are subject to a $50 charge per incident. Checks returned for stop payment are subject to a $100 administrative fee per purchase order. Buyer agrees not to dispute any credit card charge with buyer's credit card company.
4. 4WALL USED EQUIPMENT
The provisions in this Section 4 apply solely to the purchase of used equipment from 4Wall's inventory ("4Wall Used Equipment")
4Wall may provide a limited warranty that 4Wall Used Equipment is free from defective materials and workmanship for a certain period; provided, however, such limited warranty shall only be effective if expressly provided in a separate written job order that is set forth in a contract prepared by 4Wall in favor of such buyer which expressly states the terms of such limited warranty for such 4Wall Used Equipment, including, without limitation, the duration of such limited warranty. Notwithstanding the above, if a limited warranty is provided by 4Wall as set forth above, such limited warranty shall not cover any damage or defect resulting from use that is not in accordance with 4Wall Used Equipment's specifications, if provided, or abuse or misuse of 4Wall Used Equipment.
In the event that such warranty is expressly provided by 4Wall in a separate written agreement and if buyer determines that 4Wall Used Equipment is defective, buyer must ship such 4Wall Used Equipment prepaid to 4Wall. If 4Wall determines in good faith, based solely on its inspection, that the 4Wall Used Equipment is defective, 4Wall will repair or replace and ship to customer at 4Wall's cost; provided, however, if 4Wall determines such 4Wall Used Equipment is not defective, 4Wall will return such 4Wall Used Equipment to buyer provided that buyer shall pay all shipping and handling costs. If UsedLighting.com determines in its sole discretion that the 4Wall Used Equipment cannot be reasonably repaired, UsedLighting.com will refund the cost of such products to buyer (exclusive of shipping fees). In such case, buyer acknowledges that such refund is buyer's sole and exclusive remedy. Buyer acknowledges that this Section 4(b) shall only apply if 4Wall expressly provides a written warranty in a separate written agreement.
4c. DISCLAIMER OF WARRANTIES
Except as expressly provided in a separate written warranty by 4Wall and as provided in Section 4(a), UsedLighting.com and 4Wall expressly disclaim all warranties, express or implied, written or oral, including implied warranties of quality, fitness for a particular purpose and merchantability and all other warranties imposed by statute. Furthermore, the warranties, in Section 4(a), are made solely by 4Wall. Additionally, UsedLighting.com and 4Wall make no warranties to persons that are defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. 4d. SHIPPING In connection with the purchase of 4Wall Used Equipment, all shipping, insurance, duty and freight handling charges are the responsibility of buyer and are not included in the purchase price. Additionally, buyer must notify UsedLighting.com of any requests for insurance prior to shipment. UsedLighting.com will bill shipping costs, for convenience, in which case those costs will be added to the purchase price.
5. TERMS AND CONDITIONS OF BROKERED EQUIPMENT
The terms and conditions set forth in this Section 5 apply solely to equipment that is listed for sale on this Site as brokered equipment.
5a. LISTING CONDITIONS
When UsedLighting.com accepts a listing on this Site, it does so without exclusivity. Seller is permitted to sell such listed equipment on its own without being liable to pay a commission to UsedLighting.com and is permitted to list such equipment with another used equipment vendor. UsedLighting.com requests that seller does not sell the equipment to a production company or list the item with a re-seller at a price that is less than the UsedLighting.com price. By listing the equipment, seller agrees to notify UsedLighting.com if there are any changes to the conditions of the sale or if the item is no longer available. If UsedLighting.com believes that a seller has incorrectly priced seller's item, UsedLighting.com may contact seller. The listing may include text descriptions, graphics, pictures and other content relevant to the sale of the item. UsedLighting.com in its sole discretion reserves the right to terminate any listing without notice.
5b. REPRESENTATIONS AND WARRANTIES BY SELLER
Seller represents and warrants to UsedLighting.com that seller has the power, authority, capacity and right to sell the item(s) that seller listed on this Site.
5c. PRICING POLICY FOR BROKERED EQUIPMENT USEDLIGHTING.COM DOES NOT SET THE PRICE OF BROKERED EQUIPMENT.
All listing prices are set by seller, but such price must include UsedLighting.com's applicable fees. Buyer shall pay all applicable taxes as provided below and shipping fees as provided in Section 10. In the event that buyer believes that listed equipment is too expensive, please e-mail or call UsedLighting.com to make a fair counteroffer.
5d. TRANSFER OF EQUIPMENT FROM SELLER TO BUYER
UsedLighting.com will issue a purchase order to seller once a purchase has been confirmed. At this point, UsedLighting.com will have money in hand from the buyer. UsedLighting.com will hold this money in escrow until transaction is completed. The purchase order will include the shipping information of buyer. After UsedLighting.com releases buyer's confidential information, seller agrees not to contact buyer directly in an effort to undercut UsedLighting.com. When the purchase order is received by seller, seller agrees to ship the equipment using buyer's preferred shipping method that is listed on the purchase order. If a shipping method is not specified on the purchase order, seller shall ship the equipment with a reasonably priced ground carrier. UsedLighting.com must receive proof that the brokered equipment has been received by buyer prior to releasing funds to seller.
5e. DISCLAIMER WARRANTIES TO BUYER BY USEDLIGHTING.COM
With respect to brokered equipment, UsedLighting.com and 4Wall expressly disclaim all warranties, express or implied, written or oral, including implied warranties of quality, fitness for a particular purpose and merchantability and all other warranties imposed by statute. Additionally, UsedLighting.com and 4Wall make no warranties to persons that are defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
5f. REMEDIES OF BUYER
If buyer does not accept seller's equipment for reasonable cause, buyer shall be entitled to receive a full refund of the cost of the purchase price of such equipment (exclusive of shipping fees and other charges incurred buyer in connection with such purchase). In such case, buyer shall return such equipment to seller within 14 days of the original shipment at buyer's sole expense. Unless otherwise expressly stated by seller, equipment listings will be "AS IS" and without warranty. If seller desires to offer a warranty for a specific period of time, seller should include such warranty in seller's initial listing, and such warranty shall be directly from seller to buyer. In no event shall 4Wall or UsedLighting.com have any responsibility for such warranties.
5g. RESTRICTED ACTIVITES
The information about any item listed and any activities on UsedLighting.com shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy; or (iv) violate any law, statute, ordinance or regulation.
6. DISCLAIMER OF LIABILITY
UsedLighting.com, 4Wall and their respective directors, officers, employees, agents and representatives (collectively, '4Wall Parties') shall not be liable to any buyer or seller for any indirect, incidental, consequential, special or exemplary damages or lost profits in connection with any equipment sold or listed on this Site. 4Wall Parties will not be responsible for claims, liabilities, losses, costs, fees, expenses, obligations and causes of action ("Claims") resulting from defects or alleged defects of any equipment sold on this Site or from the subsequent use of the items, regardless of whether such damage arises out of or relates to: (i) any reliance on the materials presented; (ii) any loss of use, data or profits; (iii) any delay or business interruptions; (iv) personal injury or property damage; or (v) any information provided on this Site.
Buyer hereby agrees to defend, indemnify and hold harmless 4Wall Parties from and against any and all Claims incurred or suffered by buyer or any other party arising from or relating to any equipment sold or listed on this Site, including, without limitation, any Claim arising by reason of or in connection with any loss, damage or injury to person or property.
UsedLighting.com reserves the right to change, in whole or part, prices, discounts, product, product specifications, products offered, terms and conditions of sale and policies without notice. No agent of either the customer or UsedLighting.com may alter, amend or otherwise modify any term, provision or condition of set forth on this Site. Any such purported alteration, amendment or other modification shall be void and of no force or effect. Any orders placed by a buyer on this Site are binding upon buyer when made.
Buyer shall bear all risk of loss with respect to the equipment from the moment that the equipment is delivered to the carrier. In the case of any damage or loss during shipment, it is buyer's responsibility to notify the shipper upon delivery and file a claim directly with such shipping company. In the event that damage is due to shipping, UsedLighting.com will not accept any return of the equipment for such damage. Additionally, UsedLighting.com is not responsible for any delay in shipping or availability of such equipment.
10. SALES TAX
All purchases of any equipment purchased from UsedLighting.com shipped into Arizona, Nevada or New Jersey are subject to state sales tax unless buyer has an applicable state sales tax permit and provides 4Wall proof of such sales tax permit. In connection with items shipped to states other than listed above, 4Wall reserves the right to charge any applicable taxes, including sales or use tax, on such sales without notice to buyer. All applicable taxes are the responsibility of buyer and buyer will indemnify UsedLighting.com and 4Wall, and hold them harmless, from and against any Claims relating to taxes assessed on UsedLighting.com or 4Wall.
UsedLighting.com and 4Wall: (i) do not sell or rent customers' personal information to third parties for marketing purposes unless prior explicit consent is obtained from such customers; (ii) use information obtained from customers for their own internal database and marketing material; and (iii) offer customers the option of removal from the database. If you have specific concerns regarding the foregoing, please feel free to contact UsedLighting.com.
12. COMPLETE AGREEMENT
The terms and conditions contained on this Site and any applicable purchase order, the applicable price listing on the Site and any applicable express written warranty by 4Wall set forth in a separate written agreement are incorporated herein by this reference and constitute the entire agreement between buyer or seller, as the case may be, and UsedLighting.com.
13. COMPLIANCE WITH LAWS
You agree to: (i) at all times comply with all applicable laws, including, without limitation, any and all applicable laws governing exports and any applicable international laws; (ii) not violate any laws, third party rights, or UsedLighting.com's policies; and (iii) not use this Site if you are not able to form legally binding contracts or are under the age of 18.
14. GOVERNING LAW; VENUE; JURISDICTION
This Site and the use of this Site shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Nevada. Any litigation arising out of or related to this Site shall be instituted and prosecuted only in the appropriate state or federal court situated in Clark County, Nevada. Each user of this Site hereby submits to the exclusive jurisdiction and venue of such courts for purposes of any such action and the enforcement of any judgment or order arising therefrom. Each user of this Site hereby waives any right to a change of venue and any and all objections to the jurisdiction of the state and federal courts located in Clark County, Nevada.
If any provisions of this Site are held to be invalid or unenforceable, such provisions shall be modified to the minimum extent necessary to make them or their application valid and enforceable, and the validity and enforceability of all other provisions of this Site and all other applications of such provisions shall not be affected.
16. ATTORNEY'S FEES
In any legal proceedings arising from, under or in connection with this Site, the prevailing party shall be entitled to recover from the other party attorneys' fees and costs incurred by the prevailing party in preparation for and in connection with all trial and appellate proceedings.
The captions of the sections of this Site are for convenience and reference only. Any pronouns or references used herein shall be deemed to include the masculine, feminine or neuter genders as appropriate. Any expression in the singular or the plural shall, if appropriate in the context, include both the singular and the plural.
18. NO ASSIGNMENT
Buyer may not assign or transfer its rights in whole or in part under any purchase order without the prior written consent of UsedLigthing.com and any attempted assignment or delegation without such consent shall be void. Additionally, the provisions stated herein are for the sole benefit of UsedLighting.com, the 4Wall Parties and users of this Site, and confer no rights, benefits or claims upon any other person or entity.
No waiver by UsedLighting.com of any right conferred by this Site or any other provisions of this Site will be deemed a waiver of any other such right or provision or a waiver of that same right or provision at any other time.
All provisions of this Site related to indemnification, disclaimers and limitations on liability shall survive the termination or removal of this Site.