Terms of service

OVERVIEW 
This website is operated by Miami Photo Prints. Throughout the site, the terms “we”, “us” and “our” refer to Miami Photo Prints. Miami Photo Prints offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Miami Photo Prints, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Miami Photo Prints and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@miamiphotoprints.com.

 

TERMS AND CONDITIONS

1.Interpretation

1.1 “Seller” means MIAMI PHOTO PRINTS AND FRAMES whose registered office is located at 3399 NW 72av. Unit 115, Miami, Florida, 33122

1.2 “Buyer” means the person who contracts with the Seller for the sale and or supply of the Goods and or the provision of the Services by the Seller.

1.3 “Contract” means the contract for the sale implicit on the invoice and or supply of goods and or the provision of the Services by the Seller to the Buyer.

1.4 “Conditions” means the standard terms and conditions of business of the Seller set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Seller and the Buyer.

1.5 “Deposited Items” means any paintings, pictures, prints, frames and or other goods placed in the custody of the Seller by the Buyer (whether or not belonging to the Buyer) in relation to the supply of Goods and or the provision of Services.

1.6 “Goods” means the goods (including any installment of goods or accessories or parts of them by excluding the Deposited Items) which the Seller is to sell or supply and or upon which the Services are to be carried out under the Contract upon the Conditions.

1.7 “Services” means any process or work to be carried out and supplied by the Seller under the Contract upon the Conditions including by way of example mounting, fitting, framing, renovation, storage, packing, crating, shipping and transportation.

1.8 “Contract Price” means the price payable by the Buyer for the Goods or any part thereof and or for the Services under the Contract inclusive of any increases made pursuant to these Conditions but excluding VAT.

1.9 “Writing” includes email, telex, cable, facsimile transmission and comparable means of communication.

1.10 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, consolidated or extended at the relevant time.

1.11 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Basis of Contract

2.1 The Seller shall sell and or supply and the Buyer shall purchase the Goods and or Services in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted in writing by the Seller, subject in either case to these Conditions which shall govern the Contract and subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Buyer.

2.2 Unless otherwise agreed in writing by the Seller these Conditions form the entire agreement between the Buyer and the Seller and shall override any terms or conditions stipulated, incorporated or referred to by the Buyer whether in the order or in any negotiations and all guarantees, warranties or conditions whether express or implied by law or otherwise are excluded EXCEPT where such an exclusion is void under the Unfair Contract Terms Act 1977.

3. Quotations and Orders

3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specifications regarding for example measurements and colors) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods and or Services and or Deposited Items within a sufficient time to enable the Seller to perform the Contract.

3.2 The quantity, quality and description of and any specification for the Goods and or Services shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).

3.3 Any subsequent additions or alterations to any quotation or order shall be the subject of extra charges to the Contract Price. If the Seller adopts any changes in the order or quotation for the Goods and or Services the Buyer shall accept the Goods so changed and or Services so provided in fulfillment of the order or quotation (provided such changes do not materially affect their quality).

3.4 The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which the Seller may become liable if any work done in accordance with the quotation or order involves an infringement of a trademark (whether registered or not) copyright, design or patent or any other intellectual property rights.

4. Contract Price

4.1 Where the Contract Price is more than one hundred Dollars the Buyer is to pay a fifty per cent (50%) deposit upon acceptance of the order or quotation. The balance of the Contract Price due shall be payable strictly net cash prior product pickup. Should the deposit not be paid the Seller shall be entitled to terminate the Contract forthwith.

4.2 The Seller reserves the right to charge interest at 2% over the base rate from time to time on the amount owing after the date any money is due from the Buyer to the Seller under this Contract (“the Due Date”) until such amount is paid. Time of payment is of the essence.

4.3 The notification of a claim of any kind by the Buyer shall not entitle the Buyer to withhold payment of the Contract Price or neither any balance thereof nor any right of set-off against any payment due to the Seller under any other contract between the Buyer and the Seller.

4.4 In the case of partial completion of the Contract the Seller shall be entitled to a quantum meruit in respect of all work done by it without prejudice to its rights should non-completion be occasioned by the Buyer.

5. Risks and Property

5.1 Upon delivery of the Goods to the Buyer in accordance with Clause 11 or collection of the Goods by the Buyer in accordance with Clause 10 the risk of loss, destruction or damage shall pass to the Buyer and the Buyer shall on behalf of the Seller (but at the Buyer’s own expense) insure to the full value of the Goods, but the Goods shall remain the property of the Seller until the Buyer shall have paid all monies owing to the Seller from the Buyer whether for the Goods and or Services supplied under this Contract or otherwise howsoever owing from the Buyer to the Seller.

5.2 The Buyer acknowledges that, until such time mentioned in sub-clause 5.1, it is in possession of the Goods solely as bailee for the Seller and if so required shall store the Goods separately from its own goods and in such a fashion as to be readily identifiable by the Seller until the Goods are incorporated into other goods or reality.

6. Termination

6.1 This clause shall apply if the Buyer commits any of the following acts or if any of the following events shall occur:-

6.1.1 The Buyer fails to pay any amounts due under the Contract on the Due Date;

6.1.2 The Buyer commits any breach of the Contract;

6.1.3 The Buyer becomes insolvent or unable to pay its debts;

6.1.4 The Buyer (being a limited company) resolves to go into voluntary liquidation (other than for the purpose of amalgamation or reconstruction) or the Buyer (being an individual) commits any act of bankruptcy or dies;

6.1.5 It appears that the presentation of a petition to wind-up the Buyer is threatened or contemplated;

6.1.6 An encumbrancer takes possession of, or a receiver is appointed over, any of the Buyer’s property or assets;

6.1.7 The Buyer makes any composition, scheme or arrangement with its creditors;

6.1.8 Any execution or distress shall be levied against the assets or property of the Buyer or any part thereof.

6.2 If this clause applies the Seller may without prejudice to any other right or remedy which the Seller may lawfully enforce or exercise:-

6.2.1 Without notice suspend or cancel the Contract and stop any Goods in transit and/or the provision of the Services and in the case of termination forfeit any deposit paid, and or

6.2.2 By notice to the Buyer require the Buyer to place the Goods at the disposal of the Seller and permit the Seller or its agent to enter upon any premises for the purpose of removing the Goods such permission to include severance where necessary from realty.

6.3 Notwithstanding that the Seller has not received payment of all monies owing to it from the Buyer (and provided the Seller has not exercised any of its rights under Sub-Clause 6.2 above), the Seller authorizes the Buyer to dispose of or incorporate the Goods into other goods or realty, in the ordinary course of the Buyer’s business, on condition that the proceeds of any such sale or the payment (including any interim payment) for any such other goods or realty (“the Proceeds”) are paid into a separate bank account, and on condition that the Buyer holds the Proceeds upon trust for the Seller. The Buyer has a fiduciary duty to the Seller to account for the Proceeds, provided that the Buyer can retain therefrom any excess of the Proceeds over the amount outstanding owing to the Seller from the Buyer at the time the Proceeds are received.

7. Limitation of Liability

7.1 Because the potential losses which the Buyer might suffer as a result of any breach of Contract by the Seller are more readily ascertainable by the Buyer AND because such losses could be wholly disproportionate to the Contract Price AND so that the Seller can keep the Contract Price as low as reasonably possible THE BUYER AGREES with the Seller limiting its liability in accordance with these Conditions and or any guarantee.

7.2 The Seller reserves the right to appoint a sub-contractor without notice in respect of all or any of the Goods and or Services to be supplied under the Contract and the Seller shall have no liability to the Buyer arising out of and or in connection with the supply of any goods and or services by the said sub-contractor.

7.3 Each of the clauses and provisions of these Conditions are severable and if any Court finds that any Clause or Sub-Clause fails the requirements of reasonableness under the Unfair Contract Terms Act 1977 then that particular Clause or Sub-Clause shall be struck out without affecting the efficacy of any of the remaining Clauses and Sub-Clauses.

7.4 Under no circumstances shall the Seller be liable for any claim made by the Buyer for consequential or economic loss or damage.

8. Sample

Notwithstanding that a sample of the Goods may be exhibited and inspected by the Buyer it is hereby declared that such sample was so exhibited and inspected solely to enable the Buyer to judge for himself the quality and not so as to constitute a sale by sample or description under the Contract. The Seller shall be entitled to substitute alternative Goods of equivalent quality and accepts no liability for any loss or damage resulting from any such substitution.

9. Completion

9.1 The Seller will use best endeavors to ensure that the Goods and or the Deposited Items to which Services shall have been supplied are ready for collection by or delivery to the Buyer and or any Services supplied shall be performed within the period (if any) specified in the order or quotation and such details as may be necessary or required by the Seller to enable the Seller to comply with such period shall be supplied by the Buyer.

9.2 The Seller will only guarantee a date for delivery, collection or performance upon payment by the Buyer of an additional premium, and no liability shall attach to the Seller if a delivery, collection or performance date is not complied with where such additional premium has not been paid.

9.3 Time for completion, collection, delivery or performance is not of the essence except where such additional premium has been paid.

10. Collection

The Buyer shall inspect and examine the Goods and or the Deposited Items to which Services shall have been supplied upon collection from the Seller and the Seller shall not be responsible for the quality or fitness of the Goods for any purpose and collection by the Buyer shall be deemed to be acceptance of them and that they are in accordance with the terms of the Contract.

11. Delivery

11.1 Where the Buyer requires delivery of the Goods and or Deposited Items to which Services shall have been supplied to a prescribed destination a delivery charge (to include agents, insurance and transit fees) will be made and the Seller reserves the right to make a crateage charge payable by the buyer, both such charges to be added to the Contract Price.

11.2 The Seller will repair or replace (at the sellers choice) free of charge Goods but not Deposited Items damaged, stolen or lost in transit prior to delivery provided that:-

11.2.1 where transit by a carrier has been arranged by the Seller the Buyer gives the Seller written notification of such damage, theft or loss within such time as will enable the Seller to comply with the carriers conditions of carriage as affecting damage, theft or loss in transit; or

11.2.2 where delivery is made by the Seller’s own transport the Buyer gives the Seller written notification of such damage, theft or loss within such time as shall enable the Seller to comply with any requirement or condition of the Seller’s own insurance policy covering such damage, theft or loss and, unless the Buyer shall have actual notice of such conditions or requirements, the time for giving such written notification by the Buyer shall not be later than 72 hours from delivery. Time shall be of the essence.

11.3 Where the Goods and or Deposited Items are delivered, the Buyer shall inspect them immediately on the delivery thereof at the destination prescribed by the Buyer and shall within 7 days from such inspection give notice in writing to the Seller of any matter or thing by reason whereof he alleges that the Goods and order the Services supplied are not in accordance with the Contract. If the Buyer shall fail to give such notice the Goods and or Services shall be deemed to be in all respects in accordance with the Contact and the Buyer shall be bound to accept and pay for the same accordingly.

12. Storage

12.1 If the Buyer does not accept delivery of, or does not collect the Goods and or Deposited Items within the period specified in the quotation or order (or where no such period is named within 14 days of the Seller either serving notice in writing on the Buyer or telephoning the Buyer that the Goods are available for collection) then the Seller shall have the right to store the Goods and or any Deposited Items at such premises as the Seller in its absolute discretion shall consider appropriate. Current storage fee is $25 per day. 

12.2 If the Seller stores the Goods and or Deposited Items the Buyer shall indemnify the Seller from and against all costs and expenses of whatsoever kind properly incurred in placing and keeping and continuing to so place and keep the Goods and or Deposited Items in such premises, including (but without prejudice to the generality of the foregoing) all transport, packing. crateage, handling, storage, and related costs and expenses together with all insurance costs, expenses, fees and premiums.

13. Lien

13.1 The Seller shall have a lien on all the Buyer’s property, including any Goods and Deposited Items in the Seller’s possession, for all sums due at any time from the Buyer. The Seller shall be entitled to use, sell or dispose of that property as agent for and at the expense of the Buyer and apply the proceeds in and towards the payment of such sums on 28 days notice in Writing to the Buyer Upon accounting to the Buyer for any balance remaining after payment of any sums due to the Seller, and the costs of sale or disposal, the Seller shall be discharged of any liability in respect of the Buyer’s property.

14. Deposited Items

14.1 Upon acceptance of Deposited Items for whatever purpose the Seller shall issue to the Buyer a receipt which must be produced by the Buyer upon any claim being made in accordance with these conditions by the Buyer against the Seller for damage suffered to the Deposited Items.

14.2 The Seller shall not be liable and accepts no responsibility for any loss, theft or damage to the Deposited Items or any part thereof and gives no warranty or guarantee that the Services shall not cause damage to the Deposited Items. EXCEPT it is hereby agreed that the Seller shall be liable to the Buyer for damage to the Deposited Items which is proved to have been the result of negligent workmanship of the Seller in providing the Services subject always to Clause 7 above.

14.3 The Buyer acknowledges that the Seller has not affected any insurance whatsoever in relation to the Deposited Items and agrees that any insurance in respect of the Deposited Items is its sole and exclusive responsibility.

15. Force Majeure

In the event of riots, strikes, lock-outs or any dispute between employers and employees, shortage of labour, fire, floods, ice, frosts or fog, Act of God, Queen’s enemies, restraints of Princes. Rulers or peoples, including interference by Government Authorities or Departments or their Officials, perils of the seas, breakdown of machinery, shortage of ship-ping or other means of transport, congestion, force majeure of any unforeseen or exceptional circumstances (including any of the above) preventing, hindering or delaying deliveries from suppliers, shippers or sub-contractors, or otherwise affecting or hindering the fulfillment of the Contract by the Seller or any circumstances whatsoever outside their control, the Seller shall have the option either to cancel the Contract or to extend the time of completion delivery or collection during the period as the circumstances or any of them or their after effects shall continue. In the event of any such cancellation by the Seller, or any extension of time, the Buyer shall have no claims whatsoever against the Seller.

16. Jurisdiction and Arbitration

Unless otherwise agreed in writing these Conditions and the Contract shall be subject to and construed in accordance with US Law. All disputes which may arise in connection with the Contract shall be referred to Arbitration in Florida, each party to appoint an arbitrator and the two arbitrators so appointed, if they are unable to agree, to appoint an umpire, and otherwise in accordance with the provisions of the Arbitration Act 1950.

17. Notice

Any notice to be given in connection with these Conditions shall be served by sending in Writing to the Seller’s or the Buyer’s address (as the case may be) as given in the Contract, and service thereof shall be deemed to be have been effected the next working day after it was sent or otherwise transmitted.