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Sale of Goods. Seller shall make available for sale through eBay or PayPal, and Buyer shall purchase (the “Goods”) as listed on eBay, agreed through an offer, won on an action or billed through PayPal.
Delivery. Seller shall deliver the Goods to Buyer at the address provided by eBay. The Goods shall be deemed delivered when the carrier has claimed delivery at the above-referenced location. The Seller shall determine the shipping method, but the Buyer will be responsible for shipping costs unless the item was advertised with free shipping.
Should the buyer utilize a drop shipper, freight forwarder, or other third parties for shipping services, all warranties and guarantees will be void, and the sale will be considered final.
In the event a third-party carrier (UPS, USPS, Fedex, or other carriers) marks and item as delivered. This shall constitute the delivery of materials.
Purchase Price and Payments. Seller agrees to sell the Goods to Buyer for purchase price agreed on eBay or PayPal Invoice. Seller will provide an invoice to Buyer through eBay or PayPal. All invoices must be paid in full before shipment. Shipping cost would be included on the invoice unless the item was advertised with free shipping.
Inspection of Goods & Return. Buyer is entitled to inspect the Goods upon delivery. If the Goods are unacceptable for any reason, Buyer must reject them up to (30) days from the date of delivery. If Buyer has not rejected the Goods within (30) business days from the date of delivery, Buyer shall have waived any right to return that specific delivery of Goods. All international sales are final.
In the event Buyer returns the Goods, Buyer shall allow Seller a reasonable time to cure the deficiency. The Buyer will be responsible for return shipping costs, except when Seller offers free returns. Except as set forth in Section 2.1 of this agreement, the seller at it’s own discretion may choose to offer free return shipping for items that are broken, non-function, or not as described.
Risk of Loss. Risk of loss will be on the Seller until the Carrier delivers the goods. Buyer shall maintain any and all necessary insurance in order to insure the Goods against loss, at Buyers own expense.
Title. The title to the Goods will be the Buyer, after the carrier delivers goods.
Excuse for Delay or Failure to Perform. Seller will not be liable to Buyer for any delay, non-delivery or default of this Agreement due to labor disputes, transportation shortage, delay or shortage of materials to produce the Goods, fires, accidents, Acts of God, or any other causes outside of Seller’s control. Seller shall notify Buyer immediately upon the realization that it will not be able to deliver the Goods as promised.
Disclaimer of Warranties. THE GOODS ARE SOLD ‘AS IS’. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. SELLER SHALL NOT IN ANY EVENT BE LIABLE AND BUYER SHALL INDEMNIFY SELLER AGAINST DAMAGES TO ANY THIRD PARTY, WHETHER THE RESULT OF BREACH OF CONTRACT. TORT (INCLUDING NEGLIGENCE). PRODUCT LIABILITY, WARRANTY, OR OTHER GROUNDS OR FOR ACTUAL. SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ANY ASSOCIATED GOODS, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS AND CLAIMS OF CUSTOMERS, EMPLOYERS, END-USERS, AGENTS, LESSORS, CONTRACTORS OF BUYER AND OTHERS FOR SUCH DAMAGES. SELLER`S MAXIMUM LIABILITY TO THE BUYER SHALL BE LIMITED TO THE CHARGES PAID BY BUYER TO SELLER FOR THESE GOODS AND SERVICES. ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THE SUPPLYING OF GOODS TO BUYER, OR THEIR SALE, RESALE. OPERATION OR USE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, SHALL BE LIMITED TO THE FEES PAID BY BUYER PURSUANT TO THIS AGREEMENT. BUYER SHALL INDEMNIFY SELLER AGAINST ANY AND ALL DAMAGES TO THIRD PARTIES THAT ARISE FROM THE BUYER`S TRANSACTIONS OR AFFILIATIONS. THIS INDEMNIFICATION INCLUDES ANY ACTUAL OR OTHER DAMAGES AND COVERS ALL REVENUE. PROFIT, CAPITAL, COSTS TO REPLACE GOODS OR ANY OTHER COST.
Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
Remedies and Legal Fees. In the event of a dispute, Buyer’s sole remedy for any and all losses or damages resulting from defective Goods or from any other cause will be for the purchase price of the particular Goods with respect to which losses or damages are claimed, plus any shipping costs paid by Buyer. In the event such dispute results in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above and by eBay. This Agreement may be entered into and is legal and binding both in the United States and internationally. The Parties each represent that they have the authority to enter into this Agreement.
Parties agree that any eBay dispute resolution is not binding, and this agreement will supersede any eBay decision.
Governing Law and Jurisdiction. All actions and proceedings arising out of, or relating to, this Agreement shall be heard and determined in any state or federal court sitting in the Commonwealth of Pennsylvania, Westmoreland County. Parties expressly and irrevocably consent and submit to the personal jurisdiction of any of such courts in any such action or proceeding; and (ii) waive any claim or defense in any such action or proceeding based on any alleged lack of personal jurisdiction, improper venue or forum non conveniens or any similar basis. Furthermore, in the event that a party brings suit in an alternate jurisdiction, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including court costs, attorneys fees, and all other related expenses incurred, to resolve a jurisdictional claim.
Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. Parties enter into this Agreement when sale has been paid through eBay or PayPal.