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Terms & Conditions

Return Policy & Terms of Sale


CINETRONIC / FILM-STUFF.COM--RETURN POLICY & STANDARD TERMS AND CONDITIONS OF SALE


STANDARD TERMS AND CONDITIONS OF SALE


All sales by Cinetronic / Film-Stuff.com and its affiliates (collectively “Cinetronic”) are subject to the following Standard Terms and Conditions (collectively “Terms”). “Goods” means any products sold by Cinetronic. “Customer” refers to any person or entity purchasing Goods from Cinetronic. The terms and charges below are superseded by any conflicting terms on Cinetronic’s price list, invoices issued to Customer by Cinetronic, credit applications approved by Cinetronic, or by the terms and conditions contained in any executed written agreement between Cinetronic and Customer.



Agreement.

All sales of Goods by Cinetronic to Customer are governed by and subject to these Terms, as may be amended from time to time by Cinetronic, which form a binding agreement between Cinetronic and Customer (the “Agreement”). This Agreement incorporates by reference all additional terms and conditions stated in applicable price lists, product catalogs, order acknowledgments, electronic data interchange directives, and other documentation furnished by Cinetronic to Customer (“Additional Terms”), if any. These Terms govern in the event of any conflict or inconsistency with any Additional Terms. This Agreement is a complete and exclusive statement of the terms and conditions of the agreement between Cinetronic and Customer. Any changes to this Agreement are binding only if written and signed by both parties. Terms that are printed on or otherwise contained in a purchase order or other document prepared by Customer in additional to, in conflict with or inconsistent with these terms shall be inapplicable and shall have no force or effect. Customer’s acceptance of delivery of, or full or partial payment for, the Goods shall constitute Customer’s acceptance of these Terms.



Orders.

All orders are subject to final approval by Cinetronic in Cinetronic’s sole discretion. Following approval by Cinetronic, orders may not be changed or canceled without the written approval of Cinetronic. Customer will reimburse Cinetronic for all expenses and losses resulting from any Customer change or cancellation.



Prices.

Prices of Goods will be those prices published on Film-Stuff.com in effect on the date that Cinetronic accepts the order for Goods sold, or as specifically agreed by the parties in writing. Prices are subject to change without notice. Prices quoted are exclusive of all taxes, insurance, freight, and charges of any kind, including without limitation, sales, excise, use and property taxes. Customer agrees to pay all taxes and other charges, excluding any taxes based upon Cinetronic’s income. 



Payment Terms.

Full payment for all Goods is due in accordance with the terms and payment procedures stated in the order acknowledgement or invoice issued by Cinetronic to Customer. All payments shall be made in U.S. Dollars, or other denomination directed by Cinetronic if international transactions are involved. Discount terms for early cash payments will apply only if specified in the invoice. Invoices not fully paid by the specified payment date are deemed overdue, and unpaid balances will accrue interest at the highest rate permitted by law. Cinetronic shall be entitled to suspend performance of any order or obligation to Customer until the Customer’s account is current. If at any time Cinetronic determines that Customer’s financial condition, payment practices or credit rating does not justify a sale on credit, Cinetronic has the right to require advance payment (CIA). Customer shall reimburse Cinetronic for all expenses, including reasonable attorneys’ fees, incurred in the collection of any delinquent account or enforcing its rights under these Terms.



Title to Goods.

Title to and risk of loss of the Goods will pass to Customer upon delivery of the Goods to the Customer or the carrier at the shipping point. Customer grants Cinetronic a security interest in the Goods and shall keep the Goods properly stored, insured and identifiable as subject to Cinetronic’s lien until full payment is made by Customer for the Goods.



Delivery and Delay.

Cinetronic will deliver Goods to Customer Ex Works by the method of shipment and routing determined by Cinetronic, except as otherwise specifically agreed in writing between Cinetronic and Customer. Customer shall pay Cinetronic for all delivery charges as established by Cinetronic and stated in the invoice. Shipments are subject to the standard limitations on loss or liability imposed by the carrier. Any Delivery dates specified in an order acknowledgment are estimates only and time is not of the essence. Cinetronic may deliver all of the Goods at one time or in portions from time to time. All deliveries are subject to modifications or cancellation due to events beyond Cinetronic’s reasonable control, including force acts of God and other force majeure events. Under no circumstances shall Cinetronic be liable for any loss of profit or property, or for any direct, indirect, special, incidental, consequential or other damages caused by any delay or failure to deliver. If Customer causes or requests a delay, Customer shall reimburse Cinetronic for all resulting damages, including without limitation, payment of reasonable storage expenses for the Goods during the period of delay or interruption. Cinetronic reserves the right to charge, and Customer shall pay a drop shipment fee on all drop shipments in addition to normal freight charges, in an amount in effect pursuant to Cinetronic’s policies at the time of charge. 



Credits and Chargebacks.

Claims for credits and chargebacks will be considered by Cinetronic only if: (1) received by Cinetronic within sixty (60) days of ship date or reasonable delivery of the specific goods that are the subject of such claim and (2) submitted to Cinetronic with a complete description identifying the specific goods and the reason that Customer is claiming such credit or chargeback. Credits and chargebacks may be denied by Cinetronic in Cinetronic’s sole discretion and, without limiting the foregoing, will be denied without review if not submitted within the sixty (60) day period with required descriptions. Credits shall have no cash value. Credits must be used toward future purchases.



Warranty.

Cinetronic warrants that upon delivery the Goods will be free from defects in material and workmanship under proper and normal use. Goods shall be considered “defective” if the defect materially impairs the value of the Goods for their intended use to Customer or the end-user. Cinetronic further warrants that all Goods and services will be produced and furnished in accordance with applicable laws and regulations.



Remedies.

In accordance with the terms of the limited warranty stated above (“Warranty), Cinetronic will repair or replace any defective Goods, in Cinetronic’s sole discretion, provided that written notice of the defect is received by Cinetronic within thirty (30) days of the appearance of such defect. If notice is not given within such period, any claim for breach of warranty shall be conclusively deemed to have been waived and Cinetronic shall not be liable under this Warranty. 



Repairs

All repairs will be performed at Cinetronic's discretion, in a timely manner.  Cinetronic will not be held liable for any loss of use, down days etc.  Assumption of shipping charges will be at Cinetronic's discretion.  Cinetronic shall reserve the right to use any carrier and shipping method for warranty and non warranty repairs.

Stock Returns.

All sales are final and no return of nondamaged Goods will be accepted without prior written authorization from Cinetronic. If Cinetronic determines that it erred on the quantity, style, or other aspect regarding the initial shipment of Goods, Cinetronic will authorize the return of saleable Goods and will forward Customer an authorization number provided the request for return authorization is made within thirty (30) days of Customer’s receipt of the merchandise shipped in error. Upon receipt of authorized stock returns marked with the applicable authorization number, Cinetronic will credit Customer’s account with the price initially charged for the returned Goods plus the amount expended by Customer on freight. Cinetronic reserves the right to deduct a restocking fee and/or repackaging fee from the credit if not caused by Cinetronic’s error in an amount in effect pursuant to Cinetronic’s policies at the time of deduction but not less than twenty percent (20%). If Customer ships nondamaged merchandise to Cinetronic without first obtaining Cinetronic’s writing authorization, such shipment will be refused by Cinetronic’s Return Goods Department, returned to Customer at Customer’s expense and return freight will be charged to Customer.



Damaged Goods.

Prior authorization from Cinetronic for damaged Goods is required. If a return is approved, Cinetronic will authorize the return of saleable Goods and will forward Customer an authorization number. Damaged Goods should be shipped in cartons marked “DAMAGED” and be marked with the applicable authorization number. If Cinetronic’s inspection reveals no legitimate reason to issue credit, Cinetronic will inform Customer that there is “No Credit” and such Goods will be immediately disposed of unless: (1). Customer has specifically requested that all “No Credit” Goods be returned to Customer, or (2). Customer has enclosed a note with the Goods requesting that specific Goods be returned if “no credit” can be allowed. Return of “No Credit” Goods shall be at Customer’s expense.  All authorized stock returns and all returns of damaged Goods must be shipped in compliance with Cinetronic’s returned goods procedure to the address so directed by Cinetronic.



Limitations on Warranty.

Cinetronic’s liability for any defect in Goods, whether based on contract, tort, warranty, strict liability, or any other theory, shall not exceed the purchase price of the defective Goods. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IN PARTICULAR, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY OF REPAIR OR REPLACEMENT PROVIDED UNDER THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. CINETRONIC SHALL HAVE NO LIABILITY TO THE CUSTOMER FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY NOT CAUSED BY NEGLIGENCE OF CINETRONIC, PROPERTY DAMAGE, LOST PROFITS, OR OTHER ECONOMIC INJURY DUE TO ANY DEFECT IN THE GOODS OR ANY BREACH OF THIS AGREEMENT BY CINETRIONIC. CINETRONIC SHALL NOT BE L IABLE TO THE CUSTOMER IN TORT FOR ANY DEFECT IN THE DESIGN OR MANUFACTURE OF THE GOODS. No representative, agent or dealer of Cinetronic has authority to modify, expand, or extend this Warranty, to waive any of the limitations or exclusions of this Warranty, or to make any different or additional warranties with respect to any Goods or services furnished by Cinetronic.



Intellectual Property.

Customer acknowledges Cinetronic’s ownership of all trademarks, services marks, copyrights, imprints, rights of publicity, patents, design patents, software, registered designs, industrial designs, trade dress, product design, trade secrets and other intangible rights relating to the Goods (collectively “Cinetronic Intellectual Property”) and acknowledges that Customer shall have no right, title or interest whatsoever in any Cinetronic Intellectual Property. Any use of Cinetronic Intellectual Property in the promotion or sale of Goods shall inure to the sole benefit of Cinetronic, shall be subject to Cinetronic’s approval and shall strictly conform to sales and advertising guidelines as established from time to time by Cinetronic. Customer grants Cinetronic an irrevocable, unrestricted and fully paid license of any intellectual property (such as designs, copyrightable advertising or promotional materials) developed in connection with the Goods and agrees to provide, and obtain from all third parties, all assignments or “work for hire” certifications necessary to secure Cinetronic’s rights to all such intellectual property.



Period of Limitations.

No claim, suit or other proceeding may be brought by Customer for any breach of the foregoing Warranty by Cinetronic or in any way arising out of this Agreement or relating to the Goods after one (1) year from the date the cause of action accrues.



Applicable Law.

This Agreement between Cinetronic and Customer shall be considered to have been made in the State of California, and it shall be governed by and interpreted according to California law, without giving effect to conflict of law principles. Any action arising out of or relating to the Agreement shall be filed and resolved exclusively in the appropriate federal or state court in Los Angeles, California respectively, and Customer irrevocably consents that such courts shall have personal jurisdiction over Customer and waives any objection that such courts are an inconvenient forum.



Independent Contractor.

The parties are independent contractors. Nothing in this Agreement shall be deemed to make Cinetronic or its employees or agents an employer, employee, partner or joint venturer of Customer. Neither party has any authority to bind or incur obligations on the other’s behalf, nor is one party liable for the obligations of the other.



Miscellaneous.

If any provision of this Agreement is invalid or unenforceable under any applicable law, the provision shall be ineffective, but the remaining provisions shall be unaffected. Customer shall not assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of Cinetronic. This Agreement shall be binding upon and enforceable by and against Customer, Cinetronic, and their respective representatives, successors, heirs, and assigns. Cinetronic has all rights and remedies given to sellers by applicable law, and Cinetronic’s rights and remedies are cumulative. No waiver by Cinetronic of any breach shall be effective unless in writing. Cinetronic shall not lose any right because it has not exercised that right in the past.

 

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Film-stuff.com / Cinetronic's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Film-stuff.com / Cinetronic's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Film-stuff.com / Cinetronic at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Film-stuff.com / Cinetronic's web site are provided "as is". Film-stuff.com / Cinetronic makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Film-stuff.com / Cinetronic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Film-stuff.com / Cinetronic or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Film-stuff.com / Cinetronic's Internet site, even if Film-stuff.com / Cinetronic or a Film-stuff.com / Cinetronic authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Film-stuff.com / Cinetronic's web site could include technical, typographical, or photographic errors. Film-stuff.com / Cinetronic does not warrant that any of the materials on its web site are accurate, complete, or current. Film-stuff.com / Cinetronic may make changes to the materials contained on its web site at any time without notice. Film-stuff.com / Cinetronic does not, however, make any commitment to update the materials.

6. Links

Film-stuff.com / Cinetronic has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Film-stuff.com / Cinetronic of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Film-stuff.com / Cinetronic may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Film-stuff.com / Cinetronic's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

 

 

 

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