TERMS & CONDITIONS
Welcome to Photo Booth International (https://photoboothint.com/)! Photo Booth International. and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at Photo Booth International. (https://photoboothint.com/) , you accept these conditions.
Please review our Privacy Notice, which also governs your visit toPhoto Booth International (https://photoboothint.com/).
When you visit Photo Booth International (https://photoboothint.com/) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property ofPhoto Booth International (https://photoboothint.com/) or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property ofPhoto Booth International (https://photoboothint.com/) and protected by U.S. and international copyright laws. All software used on this site is the property ofPhoto Booth International (https://photoboothint.com/) or its software suppliers and protected by United States and international copyright laws.
Within this agreement Photo Booth International LLC™, Inc. is referred to as “Photo Booth International LLC” and the words “you” and “your” refer to the Client for which this quote is being processed.
These Terms and Conditions are hereby incorporated into and made a part of any purchase order by you to order equipment from Photo Booth International LLC (and these documents are collectively referenced as the “Agreement”).
- Delivery – Lead time is stated on the Photo Booth International LLC Quotation. All of the items in the Photo Booth International LLC Order Placement Guide must be received to initiate an order with Photo Booth International LLC. Any delays in receipt of Client-consigned equipment or payments due will cause equal or greater delays in Photo Booth International LLC delivery. All Client-consigned equipment must be received at Photo Booth International LLC prior to commencement of lead time. Lead times are not guaranteed or firm and are provided as estimates. Delays may occur due to weather or other acts of God, material and labor shortages, changes ordered by you, concealed conditions, delays by shippers and suppliers, vandalism, casualty losses, or other factors beyond Photo Booth International LLC’s control. Photo Booth International LLC shall not be liable for any claim or expense due to delay.
- Shipping – FOB Origin (Photo Booth International LLC Factory). Freight quotes are estimated for budgeting purposes only and are subject to change. Quotations are valid for thirty (30) days only. When Photo Booth International LLC equipment arrives, you are responsible for noting or any damages to the packaging of Photo Booth International LLC equipment with the carrier. If damages are not noted with the carrier, Photo Booth International LLC shall not be liable for any claim or expense arising from damages during transit.
- Inspection Period – Client shall notify Photo Booth International LLC within ten (10) calendar days of receipt of product of any non-conformity including: missing or non-conforming components or elements, peripherals or pieces. During the Inspection Period, Photo Booth International LLC shall pay shipping costs associated with return and/or replacement of any missing or non-confirming components or elements, peripherals or pieces (charges may apply for shipments outside North America). After such time has lapsed, Client agrees that the order has been accepted and Photo Booth International LLC shall not be responsible for any further obligation to provide conforming or replacement components except as provided by the terms contained in Photo Booth International LLC’s warranty.
- Warranty – Photo Booth International LLC hereby warrants that each component manufactured or supplied directly by Photo Booth International LLC will be free of defects in material and workmanship for a period of one (1) year. The Warranty Period for any product ready to ship but not shipped (either at your request or because of your failure to pay amounts due) will commence as of the ready-to-ship date. During the Warranty Period, Client shall return any defective component to Photo Booth International LLC at Client’s expense. Photo Booth International LLC shall repair or replace any defective component within thirty (30) days of receipt at Photo Booth International LLC’s expense, including all return shipping expenses (charges may apply for shipments outside North America). All warranties are only valid for full package purchases. This warranty shall include, without limitation, all metal and plastic parts, fabrications and formations supplied by Photo Booth International LLC, regardless of whether a warranty is provided by the manufacturer, subcontractor or supplier thereof. Photo Booth International LLC does not warrant any component supplied by you or your suppliers. Photo Booth International LLC’s warranty may be voided by misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by Client or Client’s service organizations, removal or alteration of part identification, or any failure caused by a component or product for which Photo Booth International LLC is not responsible. THE WARRANTIES PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by law or otherwise (including but not limited to implied terms of quality and fitness for purpose) are hereby excluded to the extent permitted by law. Photo Booth International LLC’s warranty to repair or replace defective equipment is your sole remedy for any breach of warranty.
- Prototype – If your Quotation is for a prototype kiosk or digital signage panel (“Prototype”), the additional terms in this Section apply. The Prototype is understood by Client to be a sample product built to test and prove specifications for a custom product. Client acknowledges and agrees that the Prototype may not be an accurate representation of the visual appearance, actual function, choice of materials or manufacturing quality of the final product. The Prototype is not subject to the Inspection Period or Warranty provisions outlined in the Photo Booth International LLC Terms and Conditions, and is intended solely for purposes of developing future custom product.
- Payment – Photo Booth International LLC’s standard terms are 100% payment due at time of order. Alternate terms of sale are solely at the discretion of Photo Booth International LLC, are extremely rare, and may impact pricing. Under no circumstances will you be entitled to withhold or suspend payment or deduct from the amounts due hereunder, including, but not limited to, circumstances where you have identified any non-conformity during the Inspection Period or Warranty Period. Delivery address determines taxation status.
- International Clients – Photo Booth International LLC’s standard terms are 100% payment due at time of order or as agreed to by Photo Booth International LLC in writing. All prices are quoted in US Dollars. All remittances must be paid in US Dollars by wire transfer, certified check or credit card. Costs and delays related to customs, taxes and/or duties on international shipments are your sole responsibility.
- Promise to Pay – In the rare event that Photo Booth International LLC extends credit to you under this Agreement, you agree to pay for all purchases pertaining to this Agreement and all other charges as described herein according to the terms of this Agreement.
- Late Charges and Collection Costs – In the event that Photo Booth International LLC does not receive payment of any amounts due by the due date, a late charge will be assessed beginning on that day and continuing each day thereafter until all amounts due are paid in full. The late charge will be the lesser of (a) the maximum amount permitted by applicable law or (b) 1.75% per month, or 21% per annum, of the total of the balance due. If any amounts due remain unpaid and Photo Booth International LLC is forced to collect these amounts from you, all collection costs, with an agreed minimum of 15% of the principal amount due, will be for your account only and can be claimed from you by Photo Booth International LLC.
- Reservation of Ownership – Photo Booth International LLC remains owner of the equipment or goods purchased hereunder until the purchase price and any interest, late charge or costs due are paid in full by you. In the event of default by you in any payment due, Photo Booth International LLC shall have the right, in addition to any other remedies it may have at law or in equity, to withhold shipment, to recall equipment in transit and retake the same, or to repossess any equipment or goods that are stored with you for your account without the necessity of Photo Booth International LLC initiating any other proceedings.
- Returns – All orders placed are final. Orders are binding as of the date submitted by you in accordance with this Agreement and may not be canceled or changed at any time thereafter.
- Limitation of Liability – To the fullest extent allowed by law, Client shall be responsible for all liability, injury to persons or property, damages, claims and expenses arising from use of the equipment and/or any components that are attributable in whole or in part to the negligence or misconduct of Client or Client’s representatives or agents. In no event shall Photo Booth International LLC or any of its suppliers be liable to you, any user of the equipment, or any other third party for any indirect, incidental, consequential, exemplary or punitive damages, including loss of profits or goodwill, for any matter arising out of or otherwise relating to the Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if Photo Booth International LLC has been advised of the possibility of such damages. In no event shall Photo Booth International LLC’s total aggregate liability hereunder exceed the costs actually paid by purchaser to Photo Booth International LLC under the Agreement.
- Indemnification – You acknowledge that Photo Booth International LLC is providing equipment to you for your use, and that Photo Booth International LLC has no control over how the equipment is used. You hereby agree to indemnify, defend and hold harmless Photo Booth International LLC and its officers, directors, employees, agents and contractors (collectively, “Indemnified Parties”) from and against any and all third party claims, demands, losses, liabilities, damages, suits or other actions, including any related attorneys’ fees and costs (collectively, “Claims”) that any of the Indemnified Parties incur or suffer arising out of or otherwise relating to (i) the use or inability to use any of the equipment purchased under the Agreement; (b) any personal injury or property damage caused directly or indirectly by use or misuse of the equipment purchased under the Agreement; or (c) any use of the equipment in violation of any federal, state, country, local or municipal law, rule, regulation, ordinance or similar edict.
- Storage – In the event that Photo Booth International LLC does not ship an order or part of an order to you based on your request, or based on your failure to pay amounts due, a storage fee of $100.00 per unit per month will be assessed starting thirty (30) days after the ready-to-ship date.
- Intellectual Property – You acknowledge that, as between you and Photo Booth International LLC, Photo Booth International LLC solely and exclusively owns all right, title and interest, including all intellectual and proprietary rights relating to proprietary aspects of the products purchased hereunder, including specifications relating to kiosk system hardware or hardware of a digital sign system and related components of the foregoing, and all engineering and technical drawings, designs, and specifications thereto (“Photo Booth International LLC Technology”). We hereby grant you a limited, nonexclusive right to use products delivered hereunder and that are paid in full solely for your business purposes. You may not analyze or attempt to analyze, reverse engineer, deconstruct or in any way determine the structure, composition or sequence of the products or of any Photo Booth International LLC Technology, nor may you allow any third party to do: The transfer of products to you does not constitute a grant, option or license to any patent or other rights now or subsequently held by Photo Booth International LLC, except for the limited license granted in this Section.
- Non-Solicitation – You agree that you will not: (i) solicit for employment or encourage any employee or contractor of Photo Booth International LLC to terminate employment with or cease providing services to Photo Booth International LLC; or (ii) induce or attempt to induce any client, supplier, vendor, service provider or other business associate of Photo Booth International LLC to cease doing business with Photo Booth International LLC or in any way interfere with the relationship between Photo Booth International LLC and any of its clients, suppliers, vendors, service providers or other business associates.
- Governing Law – The Parties agree that all questions relating to the validity, interpretation, and performance of this Agreement shall be governed by and construed, interpreted and enforced in accordance with, the substantive laws of the State of Texas. Any action, suit, or proceeding concerning this Agreement may be brought in Superior Court in Dallas County, Texas or in the United States District Court for the District of Texas. The Parties hereby consent to jurisdiction and venue in such court for such purposes.
- Assignment – Photo Booth International LLC may sell, assign and/or transfer any or all of this Agreement or any balances due hereunder by giving commercially reasonable notice prior to so doing. You may not sell, assign or transfer your obligation under this Agreement without the express written consent of Photo Booth International LLC.
- Entire Agreement – This Agreement constitutes the entire agreement between you and Photo Booth International LLC and supersedes all prior written and oral agreements and understandings relating to the subject. Any changes, additions, stipulations or deletions (including “lining out” of provisions) by either party will not be considered binding unless such modifications have been initialed or otherwise
20. Warranty and tech support is not transferrable if you sell the unit
Resale Terms and Conditions:
Booths that are resold to a third party purchaser will not hold a valid warranty, tech support, any “owed” websites, access to the member area and any previously agreed upon future discount for the original purchaser. Nothing transfers over except the equipment and software. The software is assigned to the original purchaser’s email and will need to be reassigned to the new purchaser. Please contact the software support to have this done.