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.
Use of drop shipper, freight forwarder, or third-party shipping services voids warranties and makes the sale final.
Item marked as delivered by the carrier constitutes 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.
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.
Force Majeure. 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 and Limitation of Liability. THE GOODS ARE SOLD 'AS IS'. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER'S MAXIMUM LIABILITY TO BUYER SHALL BE LIMITED TO THE CHARGES PAID BY BUYER TO SELLER FOR THESE GOODS AND SERVICES.
Severability and Waiver. 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. 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.
Dispute Resolution. 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 and Amendment. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. Parties enter into this Agreement when the sale has been paid through eBay or PayPal. This Agreement can only be amended in writing by both parties.