Terms and conditions¶
Thank you for using the MarcoFineArts(MFA) application programming interfaces. By using the API, you agree to the terms below. If you disagree with any of these terms, MarcoFineArts does not grant you a license to use the any API methods. We reserve the right to update and change these terms from time to time without notice.
All orders submitted to this API are Governed by our Terms and Conditions set forth as follows:
Support¶
MFA may elect to provide you with support or modifications for the API (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. MFA may change, suspend, or discontinue any aspect of APIs at any time, including the availability of any API method. MFA may also impose limits on certain features and services or restrict your access to parts or all of the API methods.
Returns¶
It is the Customer’s responsibility to assure the quality all goods received. All sales are final except for damaged or defective materials. Returned Material Authorization (RMA) must be granted for all returned goods. No returns will be accepted after 30 days from invoice. Credits expire after 6 months if unused.
Risk of Loss and Insurance¶
All sales to customer are FOB shipment origin. All risk of loss and destruction of or damage to all products by reason of theft, fire, water or any other cause shall pass to Customer upon shipment of the equipment to the Customer, and the occurrence of any such casualty shall not relieve the Customer from making payment of the balance of the purchase price.
Disclaimer and Limitations of Liability¶
Sellers liability to the customer for any loss, damage or expense of any kind, resulting from, but not necessarily limited to, any defect of any product, the use, or any other cause whatsoever, regardless of the form of action, whether in tort or in contract, shall be limited to the actual charge listed on the face of this agreement without interest. B. Sellers will in no event be liable for lost profits or other consequential damages even if seller or its representatives have been advised of the possibility of such damages or for any claim against the customer by any other party. C. Seller will in no event be liable for any loss, damage, or expense of any kind resulting from seller or any of its employees, representatives or sales persons rendering technical or other advice or representation in connection with the performance of any computer hardware, computer software, computer printers, media used by those printers or any combinations thereof unless it is specifically contained in this agreement.
Indemnity¶
Customer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, proceedings, expenses, damages or liabilities including attorney’s fees, arising in connection with the customer’s personal use of any product purchased from the Seller.
Governing Law¶
This Agreement will be governed by the laws of the State of California, and any action brought pursuant to this agreement shall be brought in Los Angeles, California.
Attorney’s Fees and Costs of Repossession¶
In the event it becomes necessary for Seller to enforce the terms and conditions of this Agreement, including Seller’s disclaimers and limitations of liability, Seller shall be entitled to recover all of its costs including all costs of repossession, and actual attorney’s fees in all manner of collection and in trial and appellate levels.
Inability to Perform¶
Seller shall not be required to perform its obligations under this Agreement, or be liable for its failure to perform, if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of Seller.
Liquidated Damages¶
All payments and deposits made by customer as set forth in this agreement are non-refundable and shall constitute liquidated damages in the event of a customer’s default, since the amount of damages is incapable of being ascertained.
Validity of Agreement¶
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Customer¶
Understands and agrees that neither Seller nor any of its salespersons or employees are agents for any finance company utilized by the Customer in the purchase or lease of the property listed on the face hereof.
Agreement¶
This Agreement contains the entire Agreement between the parties hereto with respect to products purchased. No promise, representation, warranty or covenant not included in Agreement has been or is relied on by either party. Each party has relied on its own examination of this Agreement and the provisions hereof and the counsel of its own advisors. The failure or refusal of either party to inspect the agreement or other documents or the failure to obtain legal or other advice relevant to this transaction constitutes a waiver of any objections, contentions, claims that might have been based upon such reading, inspection or advice. No modification or amendment to this Agreement shall be of any force or effect unless in writing executed by the Customer and authorized representative(s) of Seller. This Agreement is not assignable by Customer without the prior written consent of Seller. The placement of order with Seller, or the delivery or acceptance of products or service from Seller constitutes acceptance of above terms.
International Shipping¶
We are thrilled to be sharing our happy products with international customers! Just be aware that tarrifs and taxes are not implemented by our company, but federal government policies that are beyond our control. Please expect additional monies to be collected at the time of delivery to pay for government taxes and tarrifs.
Customer Covenants¶
That the Customer has the right to reproduce any images provided to seller. The Customer shall indemnify and hold the Company harmless for any claims that may results from any licensing or copyright issues arising from the reproduction of any images at the request of the Customer.