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Terms & Conditions

Premium Choice Photo Booth is RENTING OR HIREING the equipment and accessories set forth on the invoice of which these terms and conditions form a part (“Invoice”) to the person(s) or entity listed as the customer on the signature block below (“Customer”) as of the date signed by the Company and set forth below Company’s signature on these Terms and Conditions (“Effective Date”).

Purchase

Premium Choice Photo Booth agrees to supply for HIRE, and Customer agrees to HIRE, the number of “SnapPod” photo booth(s) (as mentioned in invoice above).

Payment

A non-refundable deposit payment of 50% of the total purchase price set forth on the invoice, via credit card, bank cheque or bank wire transfer, is required to place a purchase order; the remaining balance of 50% must be paid prior to shipment to customer. All purchases are final. Orders are non-cancellable, and payments are non-refundable. All equipment shipped FOB North Parramatta, New South Wales.

Warranty

  1. Defects or failures caused by obvious mistreatment or neglect, as solely determined by Premium Choice Photo Booth, shall be repaired, serviced, or replaced at Customer’s expense.
  2. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS AS BETWEEN COMPANY AND CUSTOMER ARE TO BE BORNE BY CUSTOMER WHETHER OR NOT SUCH EQUIPMENT IS OPERATED UNDER COMAPNY’S SUPERVISION, AND ALL ITEMS PURCHASED UNDER THE INVOICE ARE HEREBY ACCEPTED BY CUSTOMER “AS IS”
  3. NEITHER PARTY SHALL BE HELD RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS OR ANTICIPATED PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PRODUCTION, DAMAGES FOR FAILURE TO MEET DEADLINES, OR LOSS OF USE, OR ANY OTHER TANGIBLE OR INTANGIBLE CLAIMS OF LOSS.

Company Indemnification

Customer agrees to indemnify, defend, and hold harmless Company and its affiliates from and against, and to reimburse them for, all claims, obligations and damages arising directly or indirectly from, because of, or in connection with Customer’s operation and maintenance of Customer’s “SnapPod” unit(s) and accessories.

Disputes

  1. All arbitration matters will be governed by the Australian Federal Arbitration Act. Except to the extent governed by Australian federal law, including trademark laws, these Terms and Conditions will be governed by the laws of the state of New South Wales without regard to its conflict of laws rules.
  2. All actions arising out of or relating to these Terms and Conditions will be commenced exclusively in the state or local courts of Parramatta, New South Wales and the parties irrevocably consent to the jurisdiction of those courts.
  3. Each of the parties waives its respective right to a trial by jury in any action brought by either party.
  4. Company and Customer waive to the fullest extent permitted by law any right to or claim for any punitive, exemplary, or multiple damages against the other.
    Company and Customer agree that all controversies, disputes, or claims between them arising out of or related to these Terms and Conditions must be submitted for binding arbitration, on demand of either party, The arbitration proceedings will be conducted by one arbitrator and according to the current commercial arbitration rules. All proceedings will be conducted at a suitable location within twenty-five (25) kilometers of North Parramatta, New South Wales. Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction.

Miscellaneous

  1. The prevailing party in any legal proceeding shall be entitled to recover as an element of such party’s cost of suit or proceeding, and not as damages, reasonable attorney’s fees to be fixed by the court. No sum for attorney’s fees shall be counted and calculated in the amount of judgment for purposes of determining whether a party is entitled to recover its costs or attorney’s fees.
  2. Nothing contained in the Invoice, or these Terms and Conditions shall be deemed or construed to create the relationship of principal and agent, partnership, joint venture or employment, or a fiduciary relationship, and Customer shall not hold itself out as an agent, legal representative, partner, subsidiary, joint ventures, servant or employee of Company or any affiliate of Company. With respect to all matters pertaining to the ownership and operation of the “SnapPod” unit and Customer’s business.
  3. This document may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one of the same instrument. Signatures transmitted electronically or by facsimile will be deemed original signatures.