(new)Trade in Agreement


"TRAILBLAZER" TRADE IN TERMS AND CONDITIONS

IN ORDER to participate in Photobooth Supply Co.’s trade-in program, you agree to the following:

TITLE. Only a Photobooth Supply Co Photobooth Kiosk (“Equipment”) that you own is eligible for trade-in credit that will be applied to the your lease agreement with your lender for a Queso Photobooth Kiosk. Title to Equipment shall pass from you to Photobooth Supply Co upon acceptance in the Photobooth Supply Co trade-in program and receipt of Equipment by Photobooth Supply Co. 

APPRAISAL. YOU UNDERSTAND AND AGREE THAT ANY EQUIPMENT OWNED BY YOU WILL BE SUBJECT TO A REMOTE APPRAISAL ESTIMATION PRE-SHIPPING, AND A FINAL APPRAISAL VALUE WILL BE ASSESSED ONCE EQUIPMENT HAS BEEN RECEIVED BY PHOTOBOOTH SUPPLY CO.  YOU UNDERSTAND AND AGREE THAT FINAL APPRAISAL VALUE MAY DIFFER FROM THE INITIAL REMOTE APPRAISAL ESTIMATION DUE TO REASONS SUCH AS UNREPORTED DAMAGE TO EQUIPMENT AND MISSING PARTS. ONCE SHIPPED, THE EQUIPMENT MAY NOT BE RETURNED NOR MAY THE FINAL APPRAISAL VALUE BE REJECTED, AND THIS AGREEMENT SHALL BE CONSIDERED EXECUTED. FINAL APPRAISAL VALUE WILL BE DEDUCTED FROM THE TOTAL COST OF THE EQUIPMENT AND THAT DEDUCTION WILL BE AMORTIZED OVER THE COURSE OF THE LEASE TERM. 

ELIGIBILITY.  You understand and agree that if the Equipment shipped does not meet the guidelines and specifications stated in this Agreement or is otherwise not approved for trade-in, then the Equipment will be returned to you at your expense and you will receive no trade-in credit. You understand and agree that acceptance into the trade-in program and receipt of trade-in credit is pendent upon prompt adherence to all trade-in instructions, including providing all documentation required by Photobooth Supply Co. Trade-in credit is only available to customers within the United States or Canadian territories (excluding Quebec). 

WORKING CONDITION. EQUIPMENT AND ALL COMPONENTS MUST BE IN WORKING CONDITION TO BE ELIGIBLE FOR TRADE-IN CREDIT. 

SHIPPING.  You are responsible for packing the item safely. Equipment that is damaged in transport as a result of improper packing will not be accepted. You are responsible for all shipping costs including duties, customs, taxes, or all other applicable fees. Photobooth Supply Co will provide carrier recommendations upon request but prices will vary according to location and service rates and you are responsible for adhering to all local, federal, foreign, or international laws. You may purchase shipping insurance at your discretion. Equipment must be shipped to “Photobooth Supply Co” located at 23 Spectrum Pointe Dr, Suite 208, Lake Forest, CA 92630. CUSTOMER MUST PROVIDE PHOTOBOOTH SUPPLY CO WITH TRACKING INFORMATION FOR THE EQUIPMENT WITHIN ONE DAY OF SHIPPING. CUSTOMER MUST SHIP THE EQUIPMENT WITHIN TWO WEEKS OF SIGNING THIS AGREEMENT. 

DATA. You are responsible for wiping all data from the Equipment before shipping. No images, videos, sound recordings, or data of any kind will be available after Equipment has been shipped. You release Photobooth Supply Co from any and all liability for the destruction or alteration of any and all intellectual property found on the Equipment after shipping.   

LIMITATION OF LIABILITY. Neither Photobooth Supply Co nor its representatives are liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost data or any other mechanical breakdown due to a computer or software virus, lost profits or revenues or diminution in value, arising out of or relating to any breach of this agreement, whether or not the possibility of such damages has been disclosed in advance by buyer or could have been reasonably foreseen by seller, regardless of the legal or equitable theory (Contract, Tort, or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.  

GOVERNING LAW, JURISDICTION, AND VENUE.  This Agreement, for all purposes, shall be construed in accordance with the laws of the state of California.  Any action or proceeding by either of the Parties to enforce this Agreement shall be brought in the county in which the Photobooth Supply Co’s principal place of business is located.

ENTIRE AGREEMENT. Unless specifically provided herein, this Agreement contains all of the understandings and representations between the you and the Photobooth Supply Co pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. 

MODIFICATION AND WAIVER.  No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the you and by the Photobooth Supply Co. No waiver by either of the Parties of any breach by the other Party hereto of any condition or provision of this Agreement to be performed by the other Party hereto shall be deemed a waiver.

SEVERABILITY.  Should any provision of this Agreement shall be held as unenforceable, such holding shall not affect the validity of the remainder of this Agreement. 

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