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STANDARD TERMS AND CONDITIONS
Please review the following Terms and Conditions governing all commercial activities and transactions with Dynamic Mobile Media LLC. hereafter referred to as Dynamic Mobile Media or DMS. Any and all rights not expressly granted herein are reserved by Dynamic Mobile Media LLC and or its Sub Contractors.
1. DOMAIN NAMES. Dynamic Mobile Media LLC (DMS) purchased the Domain Names of www.colorledsigns.com from a previous registrar or owner of these Domain names. The purchase of the Domain Names was effective November 15, 2016. Dynamic Mobile Media LLC purchased only the Domain Names from the previous Registrar and did not purchase any of their assets or liabilities of the previous owners Company that owned these Domain Names. Dynamic Mobile Media LLC is not to be held responsible for any liabilities or claims against the previous owners of these domain names or the use of the Domain Names under any circumstance.
2. 'SELLER' shall mean a business component of Dynamic Mobile Media LLC (DMS) and or its agents or sub contractors and fabricators. By purchasing products from Seller through electronic or phone, paper, or any other form of transmission, Buyer confirms that the following Terms and Conditions apply to Buyer's purchase of our products whether new or used or custom built or re-manufactured displays. Even if Buyer sends Seller another form of Agreement, or modifications to this Agreement, and Seller does not respond, these Terms will be the Terms of Seller's Agreement. If Buyer does not agree with these terms, please contact Dynamic Mobile Media LLC, to discuss modifications. Any modifications must be in writing and signed by Seller. If Buyer makes payment to Seller prior to acceptance and receipt of a signed Pro Forma Invoice between Buyer & Seller then receipt of Buyers Payment will act as Buyers acceptance of the Terms & Conditions stated on Sellers Pro Forma Invoice and the Terms and Conditions stated on our Web Site in lieu of an executed signed Pro Forma Invoice between the parties.
3. PRICE & QUOTATION. Product prices are determined by written confirmation Buyer receives from Seller, including but not limited to prices stated on Dynamic Mobile Media LLC, official web site. Verbal price quotations are subject to review and may not be honored by Seller. All Quotations are valid for 30 days, unless otherwise stated. If Buyer makes payment to Seller prior to acceptance and receipt of a signed Pro Forma Invoice between Buyer & Seller then receipt of Buyers Payment will act as Buyers acceptance of the Terms & Conditions stated on Sellers Pro Forma Invoice and the Terms and Conditions stated on our Web Site in lieu of an executed signed Pro Forma Invoice between the parties.
If any Buyer makes any payment directly to any Manufacturer or Sub Contractor of Seller and not directly to Dynamic Mobile Media LLC, then the Terms and Condition of the the specific Manufacturer, Custom Manufacturer or Sub Contractor will apply to the customers order and all direct communication between Buyer and the Sellers Manufacturer and or Contractor should be communicated between the parties directly and not with Dynamic Mobile Media LLC (Seller) or Sellers Agents. Any and all Terms and Conditions of the specific custom Manufacturer or Contractor will apply directly to the Buyer for the specific sales transaction and Dynamic Mobile Media LLC, is not to be held responsible or any of its Officers. Managers and or Employees for any transaction involving one of its custom Manufacturers or Sub Contractors that is dealing directly with its Buyer or Customer. This also includes if Dynamic Mobile Media LLC makes any payment on behalf of Buyer to any Sub Contractor on behalf of the Buyer. Buyer agrees to hold Dynamic Mobile Media LLC, it Officers, Managers and Employees harmless for any breach in a custom manufacturing project or sales transaction including any delays in manufacturing when dealing directly with any Supplier of Seller where funds were sent directly to its Supplier or Custom Manufacturer by passing Dynamic Mobile Media LLC or its Agents in the process. In no event will Dynamic Mobile Media . or its Officers, Directors, Managers or Employees or its Agents are to be held responsible for a breach of Buyers Agreement with Suppliers of Seller except when the Buyers funds were directly wired to Dynamic Mobile Media LLC. Any dispute, controversy or claim arising out of or relating to the Terms & Conditions or Payment & Credit Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. See Item 21 and 22 below. Dynamic Mobile Media . is not responsible for any specific time restraints, manufacturing delay or special conditions made by any Manufacturer or Contractor on behalf of the Buyer. Any communication must be made by the Buyer directly with the Manufacturing Company or Contractor that received their funds for their specific transaction if applicable.
4. INSTALLATION, MAINTENANCE, PRODUCT TRAINING AND OTHER SERVICES. Product price quoted by Seller DO NOT include any on State Sales Taxes, site installation, training, maintenance, crane or lift devices, crating of products or service unless specifically stated otherwise. Any travel including expenses for hotel, lodging and meals for travel related to service or warranty work is to be covered by the Buyer or Purchaser of equipment. If travel is related to Warranty work then Seller will cover all expenses during the first Thirty (30) Days from the date of the purchase on any Used Equipment. If travel is needed after the first Thirty Days of the warranty period on used equipment then Buyer will bear the entire cost of all travel, expenses and labor relating to the repair by Seller or Sellers Maintenance Company. Covered Warranty Parts will be covered by Seller during the term of the Limited Warranty. If Product Training is included with any Sales Transaction it will be stated on the Sales Agreement or Pro Forma Invoice. All Training on Products sold will be performed on the weekends only (either Saturday or Sunday) and with a minimum of a Two (2) week advance notice in writing by the Buyer or Purchaser to the Seller, so that travel arrangements can be made in advance. If training or service work is to be performed on any equipment sold by Dynamic Mobile Media to Buyer then Seller will perform work within the time lines that Seller can perform the work. Seller is not to be held responsible for any delays in off site service or technical work for a Buyers Product or having a Service technician reaching the Buyers location in a timely manner or if the service technician is delayed for reasons beyond Sellers control, In no event will Seller or Dynamic Mobile Media LLC (DMS) be held responsible for any delays, including loss of business or revenue by Buyer or Revenue for not having the Buyers Product serviced or repaired within a specific time frame when the work is to be performed off site or not in Wisconsin. If work is performed at our manufacturing facility in Las Vegas, Nevada then the work will be performed immediately without any time limitations since we have multiple technicians available. If Buyer takes delivery of the Mobile Advertising Truck or Mobile Advertising Trailer without the proper training provided by Seller then any and all warranties provided on the equipment will become null and void without the Buyer receiving the proper training on the equipment. Training shall consist of a minimum of Four (4) Hours on either Saturday or Sunday or both days if so specified in the Sales Agreement.
5. LIMITED WARRANTY. Seller warrants product of its own manufacture against defective workmanship and material for a period of one year from the date of purchase unless specifically stated otherwise. Buyer's failure to conform to Seller's specifications regarding installation, maintenance, and usage will invalidate warranty. Sellers Limited Warranty starts the date that the equipment is purchased by Buyer and shall continue for Twelve (12) Months unless otherwise stated and signed by Seller. Warranty on actual components such as the Hydraulic Lift or Diesel or Gas Generator Warranty is that of the original manufacturer of the item and may or may not include labor. If Diesel or Gas Generator is purchased as a Demo or Used Generator then the Warranty of the supplier of the piece of equipment warranty on the equipment applies which under normal conditions is Thirty (30) Days from receipt of the product at our manufacturing facility in Las Vegas, Nevada. In the event that parts and labor is associated with the Warranty Repair is not covered by the Manufacturer or Manufacturers Repair Authorized Center then Buyer will be responsible for all associated costs. Under no circumstance will Dynamic Mobile Media LLC (DMS) be held responsible for any labor costs to repair an item covered by a Manufactures Warranty whether Warranty is in effect or has expired. Any repair after original manufacturers warranty expires is to the account of the Buyer. Internal Computer Equipment that was originally installed internally or inside any LED Display is to be covered by original manufacturers warranty if applicable. If indoor or outdoor Color LED Display is sold as Used or Reconditioned or Demo Equipment by Seller any internal or external computer equipment installed either inside or external of the LED Display is not covered by any warranty by the Seller. Buyer is responsible for any costs of repair or replacement of any computer equipment which relates to the Used or Reconditioned LED Display that is purchased from Dynamic Mobile Media. If LED Display is supplied with an internal or external air conditioning unit then this air conditioning unit must be installed and be totally operational when the LED Display is installed at the Buyers location. Failure of the Buyer not installing a Manufacturers or Seller supplied air conditioning unit will void the Sellers (DMS) Limited Warranty. If Service work is performed by an outside service company, this outside service company must be approved by the Seller or Dynamic Mobile Media LLC. or Dynamic Mobile Media Sub Contractors in writing. If any outside service company services the LED Displays and is not an authorized service provider authorized by Seller then the Warranty on the LED Displays will void any warranty. Any defective parts or products or displays must be returned to the Seller's facility or Sellers manufacturers facility for repair or replacement at the discretion of the Seller at Buyers expense. The Limited Warranty provided with any Used or Demo Equipment sold by Seller (DMS) to Buyer is Not Transferable to any other Party other then the original purchaser of the equipment. If the Buyer sells or transfers ownership of the item (LED Display, Outdoor LED Advertising Billboard, LED Advertising Truck or LED Advertising Trailer) purchased through Seller (DMS) then Buyers original warranty will be voided and the new buyer or purchaser will be required to either purchase either a new LED Display Service Contract on the LED equipment or negotiate an Extended LED Display Warranty on the LED equipment to be covered for an additional yearly fee. Buyer is responsible for supplying either a crane or hydraulic lift platform or bucket truck if needed if service is required at Buyers location by Seller or Sellers Maintenance Company in the event that On-site service is required. If LED Display is not located at ground level or accessible by a standard Six Foot (6 FT) Ladder, Buyer or Owner of the LED Display will supply at their expense the cost of a hydraulic lifting platform or bucket truck and or crane to reach their LED display for Seller or Sellers Maintenance Company.
THIS IS THE BUYERS EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. THIS LIMITED WARRANTY IS GIVEN TO THE ORIGINAL PURCHASER. THE ORIGINAL PURCHASER IS NOT ENTITLED TO EXTEND OR TRANSFER THIS WARRANTY TO ANY OTHER PARTY UNLESS SPECIFICALLY STATED OTHERWISE. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY ON ALL USED LED DISPLAYS INCLUDES PARTS ONLY FROM THE DATE OF PURCHASE FOR ONE YEAR AND LABOR FOR THE FIRST SIXTY DAYS FROM THE DATE OF PURCHASE. ALL WARRANTY WORK WILL BE PERFORMED AT SELLERS SPECIFIED LOCATION OR AT ITS MANUFACTURERS LOCATION. BUYER IS RESPONSIBLE FOR ALL FREIGHT OR TRANSPORTATION COSTS RELATED TO THE ITEM COVERED UNDER WARRANTY. LIMITED WARRANTY EXCLUDES ANY AND ALL COMPUTER EQUIPMENT AND COMPUTER RELATED COMPONENTS AND SOFTWARE. LIMITED WARRANTY ON ANY NEW OR USED HYDRAULIC LIFT OR GAS OR DIESEL GENERATOR WILL BE THE WARRANTY OF THE MANUFACTURER OF THE SPECIFIC ITEM. IF ANY REPAIR WORK IS DONE TO THE USED OR RECONDITIONED LED DISPLAY BY ANYONE NOT AUTHORIZED BY SELLER OR WITHOUT SELLERS EXPRESS WRITTEN PERMISSION, THEN SELLERS WARRANTY SHALL AUTOMATICALLY BE VOIDED AND BUYER WILL BE RESPONSIBLE FOR ALL LABOR COSTS, PART COSTS AND TRAVEL EXPENSES RELATED TO THE REPAIR OF THE USED EQUIPMENT. IN NO EVENT WILL SELLER BE RESPONSIBLE TO BUYER IF BUYER DOES NOT OPERATE EQUIPMENT WITHIN THE GUIDELINES OF MANUFACTURER OR WITHOUT CARE TO THE EQUIPMENT INCLUDING GENERATORS, LED DISPLAYS AND ELECTRICAL COMPONENTS. FAILURE BY BUYER TO OPERATE ITEMS PURCHASED FROM SELLER IN THE PROPER MANNER WILL VOID THE SELLERS AND THEIR MANUFACTURERS LIMITED WARRANTY. THIS WARRANTY DOES NOT APPLY WHEN DAMAGE IS CAUSED THROUGH MISUSE, ABUSE, EXCESSIVE, IMPROPER, OR UNSTABLE POWER APPLICATIONS, WATER DAMAGE, LIGHTNING, POWER SURGES OR ACTS OF GOD.
6. LIMITATIONS OF CLAIMS. Seller will not be responsible for any harm arising out of Buyer's purchase, possession or use of any products supplied by Seller, Buyer's use of any function on Seller's web-sites, products new or used or any technical advice Seller may offer, except as agreed in the Limited Warranty set out above. SELLER AND SELLERS SUPPLIERS AND OR FABRICATORS WILL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES. INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USAGE BY BUYER, LOSS OF ADVERTISING REVENUE, COST OF ANY SUBSTITUTE FOR THE PRODUCTS BUYER BOUGHT, DELAYS IN MANUFACTURING OR DELIVERY BY INTERNATIONAL FREIGHT CARRIER OR COMMON FREIGHT CARRIER, INCLUDING DELAYS IN SHIPMENT OR CHANGES IN FREIGHT RATE QUOTES AND RATE FOR SHIPPING THAT MAY CHANGE FOR ANY UNKNOWN REASON WHICH IS BEYOND SELLERS AND SELLERS SUPPLIERS CONTROL CLAIMS OF THIRD PARTIES OR INJURY TO PERSON OR PROPERTY. CUSTOM BUILDING TIMES ARE TO BE CONSIDERED ESTIMATES ONLY AND ARE BASED ON THE AVAILABILITY OF PARTS AND COMPONENTS AVAILABLE TO SELLER AND CUSTOM BUILDER. SELLER WILL NOT BE HELD LIABLE FOR ANY DELAYS INCURRED IN THE MANUFACTURING OF BUYERS CUSTOM BUILT PRODUCTS OR IN THE DELIVERY OF ANY PRODUCTS ORDERED THAT ARE HANDLED BY ANY INTERNATIONAL OCEAN FREIGHT SHIPPING COMPANY OR INTERNATIONAL AIR FREIGHT COMPANY INCLUDING CUSTOM BROKERS AND FREIGHT AND CUSTOM HANDLERS.
7. ORDER CANCELLATION. Buyer must notify Seller of any cancellation of confirmed orders in writing and the written document must be signed and dated. Buyer may cancel any orders either within the first seven days of Seller receiving the order and required deposit or payment in full, whichever event occurs first, without penalty which is based on Seller or Sellers Suppliers not purchasing any product or services or performing any custom designing or custom engineering for Buyer prior to the cancellation notice. If Buyer makes any payment or partial payment to Seller and then Buyer cancels the transaction within Seven (7) Days of receipt of the initial deposit then Seller has the right to sell the product that was ordered or when the product is custom built or that was custom ordered to be built and refund the proceeds back to the Buyer after the completed transaction or when the ordered product has been built and then sold. All orders canceled after previously stated period will be subject to a Thirty Five (35%) Percent cancellation charge. All cancellation charges are due to Seller or Sellers Suppliers immediately after the cancellation. Dynamic Mobile Media or it's Agent. (the Seller) reserves the right to assess a Thirty Five (35%) Percent Restocking Fee for all returned products or canceled orders on Products which are either New or Used or custom built mobile vehicles or LED displays that the Buyer cancels. If a refund is due, it will be paid to the Buyer within Thirty (30) Business Days of the cancellation notice.
If Dynamic Mobile Media LLC. (Seller) accepts an order for a custom built Outdoor LED display, Mobile Advertising LED Truck or Mobile Advertising LED Trailer that is to be custom built, re-manufactured or rebuilt and due to circumstances beyond Sellers control and or its fabricators control including any Sub Contractors that perform any customization or modifications of any LED Display, Mobile Advertising LED Truck or Mobile Advertising LED Trailer that can not be customized or built per the Sales Contract or Manufacturing Agreement, then the Seller (DMS) will refund the amount paid or deposit that was paid by Buyer to Seller in full or One Hundred Percent (100%) of the amount paid without any cancellation fees that are stated above and the refund will be processed by Seller to Buyer within a time frame of Thirty (30) Business Days from receipt of such cancellation notice by either Federal Express or UPS or Certified Mail or Confirmed and Notarized Fax. Seller (DMS) must have a signed written notice of the Buyers cancellation of their order in order to process the refund and a verbal cancellation will not be accepted under any circumstance. Dynamic Mobile Media LLC, (Seller) or any of its Sub Contractors or outside fabricators will not be held responsible or liable for any delays in custom manufacturing that was originally stated in a Sales Agreement that could not be done in accordance with the Sales Agreement or Re-Manufacturing Agreement. A full refund by Seller to Buyer is the only acceptable resolution or Buyer may at its option accept another LED Display product from Seller, to replace what was originally ordered if Seller has another LED Display that might be acceptable to Buyer.
If Seller or Sellers Contractors are at fault., Dynamic Mobile Media LLC. uses sub-contractors or outside third parties to custom build and deliver New or Used products to Buyer, Seller will not be held responsible for any manufacturing delays, freight delivery delays or shipping delays which relate to the products purchased by the Buyer that are out of their control. If any order is canceled due to delays in manufacturing or shipping which are beyond the control of the Seller, and if the order is canceled due to freight or delivery problems then Dynamic Mobile Media is entitled to a cancellation charge of Thirty Five (35%) of the amount paid by Buyer to Seller. If Buyer has paid Seller for the Merchandise or LED Products and wants Seller to sell the New or Used Item which they purchased from Seller then this restocking or cancellation fee can and will be deducted from any deposit or payment made by Buyer to Seller. Seller, Dynamic Mobile Media LLC (DMS) has the right to cancel the transaction if Buyer fails to pay for the product as agreed upon. In the event that the Seller cancels the transaction based on Buyers failure to pay for the new or used equipment or custom built mobile displays, Buyer will incur a cancellation charge of Thirty Five (35%) Percent of the Total Purchase Price from any payments made to Seller by Buyer including any labor, freight, transportation expenses and storage charges relating to the sales transaction.
8. USED, RECONDITIONED EQUIPMENT OR DEMO EQUIPMENT. All Used, Reconditioned or Demo Equipment (Demo Equipment is to be considered as Used Equipment) that is sold by Dynamic Mobile Media LLC, is SOLD AS IS unless specifically stated that the equipment has a Sellers Warranty in the Bill of Sale or Invoice and signed by the Seller. All used, reconditioned or demo equipment that is sold by Seller has been tested and is certified by Seller or Sellers Contractor to be in excellent working order when sold. Manufacturer or Sellers Limited Warranty on any equipment that is purchased shall immediately become null and void if equipment is setup and installed or serviced by any non certified technician that is not approved by the Seller prior to installation or service on the display. The Limited Warranty on all Used, Reconditioned and Demo LED Displays sold by Seller include Parts and Labor for the first Ten (10) Days and after the first Ten (10) Days only the LED Modules will be covered on the Used or Reconditioned LED Display(s). All parts that are replaced by Seller will be repaired by Seller or Sellers Contractor and returned to Buyer or End User, Seller will not be held responsible for any unauthorized parts secured by Buyer for their display. In no event will Seller be responsible for any LED components that are ordered or installed by Buyer directly from the the original manufacturer of the Display. Any products or LED Components ordered by Buyer of the LED Display will be to the responsibility of the Buyer who ordered the equipment from original LED Display manufacturer and is responsible for payment to the manufacturer for the equipment ordered by the Buyer or End User of the display. Used computer equipment that is included with Used or Reconditioned LED Displays are not covered under any circumstance by Seller and Buyer is responsible for repair or replacement of any defective computer components. All labor, travel and expenses will be covered by the Buyer for the first Ten (10) Days from receipt of the Pro Forma Invoice. After the first Ten (10) Days of the Limited Warranty Period on all Demo, Used or Reconditioned LED Displays that require service it will be done at the Buyers expense. Any defective part must be returned to Seller at Buyers Expense which includes LED Display Modules, Computer components, display boards and Seller will replace or repair these components. All Used, Reconditioned or Demo Equipment sold by Seller requires payment in full prior to the equipment being shipped or released for pickup to Buyer. All Used, Demo and Reconditioned Equipment that is Sold by Dynamic Mobile Media LLC are to be considered Final Sales and are Non Returnable or Non Refundable. If Buyer purchases a Used Mobile LED Advertising Truck or Trailer or Display and wants to cancel the sales transaction after the sale, then Dynamic Mobile Media LLC will offer to sell the Advertising Vehicle or Display for the Buyer, but all sales transactions on Used Equipment are to be considered Final Sales and are Non Refundable or Non Returnable. If purchaser cancels a sales transaction or fails to make final payment when required by Seller, then Seller can immediately void the transaction and retain any deposits whether these deposits are One Hundred Percent Refundable or NOT which are received from the Purchaser or Potential Buyer as liquidated damages.
9. DOMESTIC OR INTERNATIONAL TRAVEL INCLUDING INSPECTION OR VIEWING OF PRODUCTS BEING OFFERED FOR SALE. Buyer or prospective Buyer will be responsible for all Travel Costs incurred by Seller or Sellers Representative that relates to any new, used or demo equipment being sold by Seller that is not located at Sellers Nevada (USA) area based warehouse facility. If Seller travels to any domestic or international location to meet with a prospective Buyer to view or inspect any Products that Seller is selling and Buyer or Prospective Buyer DOES NOT show up as scheduled, then Prospective Buyer will be responsible for all costs incurred by Seller as a penalty and Seller shall have the right to either cancel the pending sales transaction or to access a charge to Buyer not to exceed Thirty Five (35%) Percent of the Total Sales Transaction as liquidated damages. Dynamic Mobile Media . can at its option also terminate the Sales Agreement if Buyer or Prospective Buyer breaches any conditions of the Terms & Conditions and as liquidated damages retain any deposits no matter whether these deposits are One Hundred Percent Refundable or NOT if Buyer or prospective Buyer fails to meet with Seller as scheduled or planned at a specific domestic or International destination. In the event of a breach by Buyer or Prospective Buyer, Seller (Dynamic Mobile Media LLC) at its option can credit any deposit received by Buyer to the account of the Buyer or prospective Buyer to be used for any future sales transaction with Seller during the next Three (3) months from date of the original purchase.
Custom built Mobile LED Trucks and Trailers including Color LED Displays that are being custom built and constructed by Dynamic Mobile Media LLC or any of Dynamic Mobile Media custom manufacturers. (Seller) can be inspected by Buyer only at the time and date of the expected delivery or shipping & transporting date and after all Payments have been paid by the Buyer to the Seller. Buyer CAN NOT inspect the Mobile LED Advertising Trailer or Truck until the entire vehicle is built and ready for delivery or to be shipped. All custom build times are to be considered as estimates by Seller and Inspecting the Mobile Unit during the building progress or in various building stages is NOT allowed by the Seller. Progress pictures and or video will not be provided until the mobile truck or trailer is completely built. If Buyer for any reason holds back any Payment that is due to the Seller based on pre-inspection of the Mobile LED Vehicle or LED Custom Built Display during the building process then Seller at its option can cancel the sales transaction and offer the LED Advertising Vehicle or Outdoor Advertising Display to any other potential buyer that may be looking for a unit that is currently under construction.
10. RETURNS. Buyer should not return product unless authorized by Seller in writing and accompanied by a Return Merchandise Authorization (RMA) number. Buyer is responsible for all expenses of return product's freight. Seller will not issue credit for any returned product after the date that is thirty (30) calendar days after the date of shipment. All costs incurred by Seller prior to shipment shall be invoiced to and paid by the Buyer. Seller reserves the right to assess a Thirty Five (35%) Percent Restocking Fee for all returned or canceled products. All authorization returns must be securely packaged in their original shipping containers. If packaged in any other type of container and loss or damage occurs, additional charges may apply. All freight costs incurred on any New or Used Display(s) will be to the account of the Buyer.
If Seller, Dynamic Mobile Media or custom builder replaces either the hydraulic lift or diesel generator for any reason after the delivery of the vehicle to the customers location the Seller will replace the identical item as was originally installed on the vehicle at no additional cost except for freight and labor expenses. In the event that Seller can not supply Buyer with identical item from original manufacturer and is required to supply a different manufacturers brand or more expensive item then the original one supplied, then Buyer will be responsible for any cost difference between the original item and the replacement item including all freight and installation costs related to stated component. In no event will Dynamic Mobile Media LLC, be held responsible for any equipment which it did not originally manufacture. All components not manufactured by Seller will carry the warranty and replacement guarantee of the original manufacturer or Supplier. Buyer is responsible for all freight charges (from their location to manufacturer and from manufacturer back to their location) on all returned or replaced components including items covered under warranty and any transit charges including labor charges and storage if applicable.
11. DELIVERY AND SHIPPING BY FREIGHT CARRIERS. All shipments are FOB Sellers Shipping Point or Manufacturing Facility in Las Vegas, Nevada unless otherwise specified. Delivery dates and Construction Times are approximate only and are based on Seller receiving Full Payment for the Product at the time of the Order. Dynamic Mobile Media LLC(Seller) shall not be held liable for any delay or failure to make delivery as a result of events beyond Seller's control or by Buyer not making full payment to Seller as required. Seller will not be held responsible for any type of delays in the transport or delivery of equipment due to Labor Strikes, Bad Weather or Equipment Failures including delays with Used Displays that were scheduled to be removed or taken down from a sign structure on a specific date and the take-down or removal of the display was delayed. Seller will not be held responsible for any rate changes or freight equipment charges secured for Buyer from any Freight Logistic Company or Freight Company that wants Seller to secure shipping for the Buyer. If Seller includes shipping or transport charges for the merchandise then any and all freight charges or amounts that were original quoted by Freight Company will be paid by Seller, but in the event that the freight rate changes or increases prior to shipment for any unknown reason then the additional expenses will be paid by the Buyer. Seller will guarantee the the product (LED Displays whether New or Used) referring to New or Used LED Displays will be shipped and received by Buyer at Buyer's shipping address location. Seller relies on Freight Carrier to pick-up and deliver the LED Display or Used Displays in a timely fashion, but Seller will not be responsible for delays that were out of the Sellers control or handled by a Freight Company or Sellers Contractor. Delays caused by LED Suppliers delaying the removal of a Used LED Billboard Display due to weather or time restraints by a Third Party Advertiser not having the promised display removed from an outdoor billboard structure in a timely or promised time line, the Seller (DMS) will not be held responsible for for any types of delays relating to New or Used LED Displays that it sells. Buyer will be responsible for having a small crane or heavy duty fork lift to remove the displays off the delivery truck when the freight arrives at the buyers location. Buyer will provide Seller with Proof of Insurance, if Seller is to handle Delivery or Transporting of the vehicle to Buyers Location. If Buyer does NOT provide Proof of Insurance then Buyer is responsible for any damage, fines or other expenses related to Insurance while the vehicle in is transport. Seller will NOT be held responsible for any damage what so ever for Buyers failure not to provide adequate insurance coverage while the vehicle is in transit to a Buyers location. If Seller arranges for a mobile LED Advertising Vehicle to be shipped or driven by a professional driver the delivery date is to be an estimate only and neither the Seller or the Common Transport Carrier or Professional Driver will be held responsible for any delays in delivery, damage in transport, loss of income or failure to make delivery in a timely fashion if delays relate to equipment failure, weather, Acts of God or for any reason beyond their control. All equipment sold has been tested prior to shipment. Sellers Limited Warranty begins upon receipt of the first payment from Buyer and shall continue for Twelve Months or until stated in Sellers Pro Forma Invoice. If any equipment arrives in a non working condition, you should contact your shipping and insurance carrier, since the damage occurred in transit. In no event will Dynamic Mobile Media LLC. be held responsible for any damage done in transit or in shipping or transporting vehicle by common carrier or by a professional driver. Buyer is responsible for adequate insurance coverage on all equipment purchased from date of purchase and Seller requires Buyer to provide proof that Insurance is in place on the vehicle by having copy of Insurance in the vehicle being transported. Damage to equipment in shipment voids any Manufacturers and or Sellers Limited Warranty if any apply to the Product or Sales Transaction in question. If Buyer alters or changes any Shipping Arrangements made by Seller or if Buyer changes their mind after the Product has been Purchased and Shipped, then Buyer will be responsible for all freight charges, storage charges, insurance charges incurred for the Shipment of Buyers Product plus a cancellation charge of Thirty Five (35%) Percent from any funds paid by Buyer to Seller as liquidated damages.
If Dynamic Mobile Media LLC or one of Dynamic Mobile Media LLC. contractors handles the delivery of any custom built new or used LED Display or vehicle on behalf of the Buyer and the supplier incurs delays in the delivery or the release of their product to Seller or Sellers Representative including Professional Drivers who may be taking delivery of the Buyers Truck or Trailer on behalf of the Buyer and delivering the vehicle or product to Buyer. The Buyer will be responsible for any and all costs including hotel and a Daily Per Diem of Two Hundred Fifty Dollars ($250.00) Per Day for each and every day, until their product is ready to be shipped or driven away from its location. Under no circumstance will Dynamic Mobile Media LLC be held responsible for any delays that were not the fault of Seller or their representative. This also includes any delays by Buyer in getting their newly purchased Truck or Trailer properly transferred to Seller with all the proper documentation including Insurance documents and drive-a-way license plates necessary for the transport of their vehicle to Buyers location in compliance with state law where the vehicle is located. If Buyers supplied vehicle needs any work done on it any and all costs related to their vehicle will be covered by the Buyer or Owner of the Truck or Trailer.
12. DELIVERY OF TRUCKS OR TRAILERS BY SELLER. Dynamic Mobile Media LLC or its agents, will from time to time purchase a New or Used vehicle on behalf of the Buyer for a custom build out at the facility in Las Vegas, Nevada. Buyer is responsible for any Taxes on the vehicle, plus Plate and Title Registration on the vehicle in order to get plates for the vehicle. The New or Used Vehicle is FOB the purchase location where the vehicle is located and the Buyer is responsible for all transportation costs related to getting the vehicle to the manufacturing destination which in most cases is Las Vegas, Nevada. Buyer is also responsible for insuring the vehicle that is to be transported and all the transportation costs of transporting the truck or trailer from where it was purchased to the destination city of Las Vegas, Nevada. This cost includes the air fare for the driver who will fly to the closest city where the vehicle is located and transit fees to get to the location where the truck or trailer is located. The driver who will transport the vehicle, will receive a daily per diem of Two Hundred Seventy Five Dollars ($275.00) Per Day (transportation costs) which covers the drivers meals, hotel and daily expenses while in transit, plus the additional cost of the fuel for transporting the vehicle. This transportation cost will be paid in advance or will be added to the invoice when the vehicle arrives in Las Vegas and will be paid by the Buyer of the vehicle. Typically all Used vehicles are sold to us As Is and no Warranty is available on the Used Vehicle, unless an Extended Warranty is purchased at the time when the vehicle is purchased. If the vehicle that is purchased as a used truck or trailer requires any maintenance or needs to be serviced during the trip, the Buyer of the vehicle will be responsible for any service on the truck which may be required and will be billed for any road service or repairs during the transportation of the vehicle to Las Vegas, Nevada. If Buyer fails to make any payment for either the transport of the vehicle and or service on the vehicle that is en-route to Las Vegas, Nevada, then Seller has the right to cancel the transaction and sell the vehicle when it arrives in Las Vegas, Nevada to recover any funds it paid out to either the driver or the service company that performed service on the vehicle while it is in transit to the manufacturing facility in Las Vegas, Nevada or any other manufacturing facility that will perform the build out for the Seller on the Buyers New or Used Vehicle.
13. CUSTOM MANUFACTURING. Dynamic Mobile Media LLC (Seller or Dynamic Mobile Media), requires Full Payment in advance for all custom built Outdoor Advertising Displays and Mobile LED Trucks and LED Trailers which it builds for its clients or customers. Dynamic Mobile Media gives estimated delivery and estimated build times times based on the availability of products being manufactured, fabricated or custom engineered by Seller or Sellers Suppliers. All Delivery build times are only estimates and the actual delivery time can vary from what has been stated between the parties and is solely based on Seller receiving Full Payment with the Acceptance of the Order. Under no circumstance will Dynamic Mobile Media LLC, or its Suppliers or it builders be held responsible for any delays in the manufacturing and or delivery on any custom built LED Display or Mobile Outdoor Advertising Solution. Seller Dynamic Mobile Media LLC, will not be held responsible for any delays in the manufacturing process or fabrication of the Digital Mobile LED Advertising Solution or LED Display by the Purchaser or Buyers or Buyers Financial Institution. Dynamic Mobile Media shall also not be held responsible for any Loss of Income or Loss of Revenue for not having the LED Advertising Solution or Custom Built Advertising Solution ready based on the estimated delivery time or any other factor relating to the delivery or inspection date. Dynamic Mobile Media LLC, (Seller) will guarantee a specific delivery date in special cases based on having a signed delivery document between the parties that is notarized by Sellers Notary Public that guarantees delivery on a specific date or at a specific time based on Seller having Full Payment from Buyer. If Buyer delays any final Payment that is due Seller and custom manufacturer Dynamic Mobile Media LLC, based on any unforeseen delays on the manufacturing of the Buyers Products or on either the Delivery (FOB Las Vegas, Nevada or other manufacturing location) or Inspection of the Custom Built Product then Buyer gives Seller the exclusive right to cancel the current transaction and sell the custom built product to any other prospective buyer that Seller may obtain for the product or have waiting for similar product that is being manufactured. If Buyer has supplied their own vehicle (Truck or Trailer) and the title of the vehicle is in the Buyers name and has not had the Title for their vehicle assigned to the Seller during the manufacturing process, then Dynamic Mobile Media LLC and or its Sub Contractors have the right to remove anything that was installed on the Buyers vehicle by its sub contractors and will return the vehicle back to the Buyer without the installed equipment on it. See Order Cancellation above for additional details.
14. ESTIMATED BUILD TIMES. Dynamic Mobile Media LLC (DMS) and its suppliers and contractors base its build times on the availability of components for the custom built Mobile LED Advertising Truck or Mobile Advertising Trailer or LED Display or LED project which Seller is performing for the Buyer. All build times are estimates and the actual build time can vary from what was originally quoted or stated verbally or in writing by Seller to Buyer. Typical build times on Mobile LED Advertising Trucks and Mobile LED Advertising Trailers is 16 to 18 weeks or less based on availability of components and transportation or shipping per item being manufactured. Dynamic Mobile Media LLC, (Seller) gives estimated delivery times based on the availability of products being manufactured, fabricated or custom engineered by Seller or Sellers Suppliers. All Delivery build times are only estimates and the actual delivery time can vary from what has been stated between the parties and is solely based on Seller receiving Full Payment with the Acceptance of the Order. Under no circumstance will Dynamic Mobile Media LLC (DMS) or its Suppliers or sub contractors be held responsible for any delays in the manufacturing or delivery that are based on any custom built Mobile LED Advertising Truck or Mobile Trailer Display or Stationary Outdoor LED Advertising Display Solution. Seller will not be held responsible for any delays in the manufacturing process or fabrication that are based on receiving components, customized or custom engineered parts or for any reason that is not under our control by third party suppliers who are supplying components for the custom built project for the Digital Mobile LED Advertising Solution by the Purchaser or Buyers or Buyers Financial Institution. Dynamic Mobile Media LLC (DMS) shall also not be held responsible for any Loss of Income or Loss of Advertising Revenue for not having the Mobile or Stationary LED Advertising Solution or Custom Built Advertising Solution ready based on the estimated manufacturing or delivery time or any other factors relating to the delivery or inspection date of the custom engineered product. It is recommended by the Seller (DMS) and Sellers Sub Contractors that the Buyer NOT book any outdoor engagements with any products ordered or custom engineered until the product has been delivered to Buyer or is in the Buyers possession. If Buyer delays any final Payment that is due Seller or Sellers Sub Contractors or Suppliers either prior to the Delivery or Inspection of the Custom Built Product, then Buyer gives Seller the exclusive right to cancel the current transaction and sell the custom built product to any other prospective buyer that Seller may obtain for the product or have waiting for similar product that is being manufactured. See Order Cancellation above (Item #6) for additional details.
15. STORAGE OF BUYERS PRODUCTS. Any product that is purchased or custom manufactured by Dynamic Mobile Media LLC (the Seller) or its sub contractors that is purchased for any Buyer that is not picked up within Seven (7) Days of the product being ready to be picked up or shipped by Buyers Freight Company will incur a Storage Charge of Six Hundred ($600.00) Dollars Per Month until the product is either shipped or picked up by the Buyer. The Buyer is responsible for any Insurance on the Buyers Product while the customers product is in a Dynamic Mobile Media LLC or sub contractors storage facilities or any storage facility. If the product remains in storage and is not picked or released to Buyers Freight Company within Six (6) Months of the purchase date, then Seller will assume that Buyer has abandoned their product and Seller (DMS) has the right to sell the product to recover its storage costs and fees.
16. EVENTS BEYOND SELLER'S CONTROL. Seller will not be responsible if Seller cannot perform under this agreement if events beyond Seller's control occur which make it impossible or commercially unreasonable for Seller to perform, including but not limited to so-called 'Acts of God', 'force majeure' events, raw material shortages, labor disputes,shipping delays, delays in manufacturing, recalls of possible defective products, Advertising companies who make commitments to Dynamic Mobile Media LLC or their clients and breach their commitment or cancel their advertising agreements or Letters of Guarantee for specific Advertising opportunities that are canceled or not fulfilled by Dynamic Mobile Media LLC, Seller or a Dynamic Mobile Media client, due to suppliers of seller closing their businesses, discontinuing specific product lines or relocating to a different location, weather, fires, floods, accidents, open hostilities, political or governmental insurrections, declaration of national emergencies or of war, governmental regulations, delays in transportation, lack of fuel, or failure of machinery or apparatus. Seller (DMS) will not be held responsible for any equipment failures for items which were not originally manufactured by Dynamic Mobile Media LLC, such as the custom built hydraulic lifts or Gas or Diesel Generators that are supplied to Buyer by Seller or Sellers Supplier. Hydraulic Lifts and Generators are to be covered by the original manufacturers warranty directly and any and all warranty issues should be directed to the original manufacturer of the equipment. If a Used or demo Generator is purchased by Seller or Sellers Contractor and it fails during the testing phases of the installation then the original supplier of the item is responsible for the repair of the item. Seller or Dynamic Mobile Media LLC will not be held responsible for any delays caused by failures beyond its control. All Used or Demo Equipment purchased is certified by the original seller to be in perfect working order. If Warranty on any specific manufactured item expires then Buyer is responsible for any repairs on the item. If Seller (DMS) replaces either the New Hydraulic Lift or New Diesel Generator for any reason after the delivery of the New Custom Built Mobile LED Advertising Truck or Trailer to the customers location the Seller will replace the identical item as was originally installed on the New Vehicle at no additional cost during the first Thirty (30) Days from date of Delivery. Seller (DMS) will not be held responsible or liable for any consequential, special, incidental or exemplary damages, including, but not limited to lost income or lost advertising revenue, any down time, loss of profits due to any equipment supplied which was not originally manufactured by Seller such as any Hydraulic Lift or Gas or Diesel Generator. In the event that Seller can not supply Buyer with same identical new item from original manufacturer and is required to supply a different manufacturers brand or more expensive unit then the original one supplied, then Buyer will be responsible for any cost difference between the original item and the replacement item including all freight and installation costs related to stated component. In no event will Seller be responsible for any equipment which it did not originally manufacture. All components not manufactured by Seller will carry the warranty and replacement guarantee of the original manufacturer or Supplier. Seller and Sellers Suppliers will not be held responsible for any delays in the manufacture or delivery of any products or replacement of products due to National Holidays by their suppliers country of origin or if a National Holiday occurs during the scheduled manufacturing or shipping time of an existing order and the order is delayed due to that National Holidays or Religious Holidays.
Dynamic Mobile Media LLC, (Seller) will not be held responsible or liable for any damage or theft of product done to products while the product is in storage at any storage facility or in transport to the Buyers location. It is the responsibility of the Buyer to carry enough insurance to insure the value of the equipment in the event of loss, damage to the equipment while either in storage or in transport to Buyers location. If equipment is damaged in transit or while in storage Buyer is responsible for all repairs including Parts to equipment including any labor cost relating to the repair. Under no circumstance will Dynamic Mobile Media LLC, (Seller) be held responsible for any costs including Loss of Equipment, Labor, Replacement Parts, Insurance Costs and Travel related costs that relate to product lost or damaged outside of its facility, while in storage at any storage facility, under consignment or while in transit.
17. MODIFICATIONS OR OPTIONAL ADD-ONS. Any modification or optional add-on item that Buyer wants performed on the Product will NOT be performed until Dynamic Mobile Media LLC. ( SELLER) receives payment in full for the Product being sold. Any modifications to the Product or additional items that were not included in the original quote or sales order are to be paid by the Buyer in full prior to the Modifications being performed on the Product. Dynamic Mobile Media Inc, ( SELLER ) is Not Responsible for any delays which may occur due to second or third party vendors who are selling Products and Services to the Buyer thru SELLER Dynamic Mobile Media LLC . If Buyer supplies their own Truck or Trailer to Seller and the vehicle needs modifications in order to be used by the Seller for the intended purpose of a Mobile LED Video Advertising Truck or Mobile LED Video Advertising Trailer, then any modifications to the Buyers vehicle that need to be made will be done on the vehicle and the Buyer is responsible for any and all charges or work performed on their vehicle. If the work being performed on Buyers vehicle can not be completed on a work day or the vehicle is held over because of a weekend or Holiday and the establishment performing the work on the Buyers vehicle is closed over a weekend, then the Buyer will be responsible for any expenses or a daily per diem for the Dynamic Mobile Media Employee, Driver or Representative that is waiting for the Buyers vehicle and Buyer will be responsible for covering the daily expenses of the Dynamic Mobile Media Employee, Driver or Representative that is waiting for the Buyers vehicle. This does not apply if the work on the Buyers Vehicle is being performed in Las Vegas.
Any modifications by the Buyer or Purchaser to the Product Purchased or the reconfiguration of the original Product that was purchased that were not specifically NOT stated in the Sales Agreement by Seller will void any and all warranties that were implied to the Product. Example: If a LED Display is professionally installed on a Mobile Trailer and the Buyer or Purchaser removes this Display from the original Trailer to mount unto another type of vehicle or mounting structure and if the work involved in the conversion to another type of vehicle or mounting structure is NOT performed by Dynamic Mobile Media LLC. (Seller) then any and all warranties on stated purchase will be instantly voided by Seller.
18. INTELLECTUAL PROPERTY. Buyer shall make all necessary effort to safeguard Seller's intellectual property, such as patents, firmware, software, designs, and technology, and assumes all liability for patent and copyright infringements. All firmware, software, and hardware designs, as well as tooling or other materials will remain the property of the Seller unless specifically stated otherwise. Claims by Seller (Dynamic Mobile Media LLC) against any unauthorized use of Sellers Copyrighted Web Site Material including Pictures, Movies, Digital Reproductions of Dynamic Mobile Media LLC. Customer's Products or Mobile LED Advertising Vehicles being illegally used without written authorization by Dynamic Mobile Media LLC, will be handled in State or Federal Court and will not be handled by Arbitration in regards to Copyright Infringements and any unauthorized use of its web site material. The web domains are owned and used were purchased by Dynamic Mobile Media LLC from a another company that is no longer in business and our owned exclusively by Seller or Dynamic Mobile Media LLC. Dynamic Mobile Media is not affiliated or associated with any previous owner of the web domain names and will not be held responsible for any liabilities of the previous owner of these web domains that it uses.
19. CONSIGNMENT OF PRODUCTS OR INVENTORY. From time to time Dynamic Mobile Media LLC (DMS) may be asked to sell a clients Mobile LED Advertising Truck or Mobile LED Advertising Trailer or Stationary Full Color LED Display. The owner of the vehicle or display will deliver the item to the specified address given to Client or Owner of Consigned Product by Dynamic Mobile Media LLC.. The owner of the vehicle is to have the vehicle or display properly insured and licensed while the clients property is in the possession of Dynamic Mobile Media LLC. Dynamic Mobile Media will demonstrate or demo the vehicle or display to prospective clients it has for the product. When Dynamic Mobile Media sells the product at the agreed upon pricing for the item. The Dynamic Mobile Media Client will pay their funds directly to to Dynamic Mobile Media LLC and then Dynamic Mobile Media will make immediate payment to the owner of the Mobile Advertising Vehicle or Display. If the Mobile LED Advertising Truck or LED Trailer or Full Color Display is not in the temporary possession of Dynamic Mobile Media LLC. then the Owner of the equipment will transport their vehicle at their expense to the designated location given by Dynamic Mobile Media for their product so it can be shown to Dynamic Mobile Media prospective buyers. If the Owner of the merchandise or the Consignment does not deliver their product to the specific location or locations given by Dynamic Mobile Media LLC in a timely manner then Dynamic Mobile Media has to the right to withdraw from their sales consignment arrangement without any penalties under the Consignment Agreement. Owner of the consigned product is responsible for their own expenses, hotel, food, tolls and fuel costs each and every time their product is transported to be shown or demonstrated to prospective buyers that could be located anywhere within the Continental USA if the Owners Product is not in the temporary possession of Dynamic Mobile Media LLC. Failure of the Buyer or Owner of the Consigned Equipment to transport their Consigned Product or Mobile LED Advertising Truck or Mobile Advertising Trailer to the designated location specified by Dynamic Mobile Media LLC will instantly terminate the Consignment Agreement between the parties.
20. EXPORT CONTROL COMPLIANCE. Buyer ensures that products, technology or software Buyer receives from Seller are exported by Buyer only in compliance with applicable laws, including United States. export control laws. Buyer certifies that it will not use or knowingly support the use by others of such products, technology or software in the design, development, production or use of nuclear, chemical, or biological weapons or ballistic missiles.
21. GOVERNING LAW. This web site, including any sub site accessible through the home page, (the "Web Site") is published and maintained by Dynamic Mobile Media LLC, Please note that when you enter any sub site accessible through this Web Site or the shopping page, such sub site may have its own terms and conditions of use, which is specific to such sub site. When you access, browse or use this Web Site you accept, without limitation or qualification, the Terms and Conditions set forth and any additional Terms and Conditions of use set forth in any sub site. By doing business with Dynamic Mobile Media LLC, and also visiting this web site you agree to be bound by the Laws of the State of Wisconsin.
22. DISPUTES & ARBITRATION FOR BUYERS. Any dispute, claim or controversy arising out of or relating to the Terms and Conditions or Payment and Credit Terms Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Madison, Wisconsin, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its (Comprehensive Arbitration Rules and Procedures) (Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
The parties agree that any and all disputes, claims or controversies arising out of or relating to the item purchased whether New or Used, the Terms & Conditions or Payment & Credit Terms Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the arbitration clause set forth above. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
23. INTERNATIONAL BUYER DISPUTES & ARBITRATION. Any dispute, controversy or claim arising out of or relating to the Terms & Conditions or Payment & Credit Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration will be in Madison, Wisconsin in the USA. The language to be used in the arbitrate proceedings will be the English language. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
The parties agree that any and all disputes, claims or controversies arising out of or relating to the Terms & Conditions or Payment & Credit Terms Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the arbitration clause set forth above. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
The following are the Terms and Conditions which govern any transaction with Dynamic Mobile Media LLC, and their Web Site. These Terms and Conditions are intended to be a legal and binding Agreement between Dynamic Mobile Media LLC, including its affiliates, its suppliers. sub contractors, fabricators, custom builders and you or the Buyer of products and services. By accessing and browsing this Web Site, you acknowledge that you have read and reviewed the following Terms and Conditions and that you agree to be bound by them.
IN NO EVENT SHALL DYNAMIC MOBILE MEDIA LLC, OR IT'S OFFICERS, DIRECTORS, MANAGERS OR EMPLOYEES, CONTRACTORS OR SUB CONTRACTORS SHALL BE LIABLE TO BUYER OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR CONNECTED IN ANY WAY WITH ANY MERCHANDISE THAT DYNAMIC MOBILE MEDIA LLC, SELLS, OR BUYS, BUILDS OR SUB CONTRACTS OR SHIPS OR DELIVERS TO BUYER INCLUDING MOBILE LED ADVERTISING TRUCKS OR MOBILE ADVERTISING LED TRAILERS OR MOBILE LED DISPLAYS, OUTDOOR ALL WEATHER LED DISPLAYS, MOBILE LED ADVERTISING TOPPERS OR RESULTING FROM THE USE OF THE GOODS SOLD TO THE BUYER.
BY ENTERING THIS WEB SITE YOU ACKNOWLEDGE AND AGREE THAT THIS WEB SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS WEB SITE FROM OTHER LOCATIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. Dynamic Mobile Media LLC MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.