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Terms and Conditions
PRG operates www.prg-proshop.com and provides services for the sale of entertainment equipment, to bona fide customers (“Buyer or Buyers”) to shop for and/or purchase equipment, and to communicate with PRG in their efforts to purchase entertainment related equipment or items, such as audio, video, lighting and effects, rigging, trussing and staging, cables, cases, power distribution and other miscellaneous equipment of the type displayed or listed on www.prg-proshop.com (collectively, the “Equipment”).
In order to use this Site and gain access to PRG Proshop’s offerings and services, You are required to review and accept the Buyer’s code of Conduct, below, and then register. If you are a broker or reseller, you must identify yourself as such when you register.
Buyers Code of Conduct
Under this Buyer’s Code of Conduct, You as Buyer agree that:
- Buyer will provide complete, truthful and non-misleading information in Your “Registration”, “Add to Inquiry”, and “Proceed to Inquiry” processes.
Buyer will not:
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of PRG;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm PRG Proshop or the interests or property of users;
- circumvent any technical measures used to provide our Services;
- interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Equipment except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to PRG or Equipmentmanufacturers. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to PRG or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
- By clicking on the “Proceed to Inquiry” feature of www.prg-proshop.com, Buyer indicates that Buyer is seeking to purchase the Equipment at the purchase price listed on www.prg-proshop.com (“Quote” or “Order Price”) as agreed to
PRG Terms & Conditions of Sale of Used Equipment
- Equipment Sold As-Is. Buyer takes the equipment (lighting, audio, LED, rigging, staging and video or any other equipment) purchased from PRG (“Equipment”) "AS IS" from PRG. Except for equipment sold in bins, PRG represents that the Equipment as functional at the time it is shipped. Buyer acknowledges that it is purchasing Equipment that has been used by other parties and has decided to purchase the Equipment despite its prior use.
- Prepayment by Buyer. Once Buyer confirms Buyer’s agreement to pricing of the Equipment as per the Quote (Equipment only, no taxes or freight) (also referred to as an “Order”), Seller will provide Buyer with a Final Order Price, which will include sales or use taxes, freight charges and specialty packaging, if any. Buyer must PREPAY the Final Order Price (including all shipping and taxes) via a payment method approved in the www.prg-proshop.com checkout portal, and in accordance with our then current PRG policies. Unless otherwise agreed, all payments must be received by PRG prior to shipping. Shipping arrangements can only be made once payments in full are received by Seller. Additional charges may apply if payment is delayed. All pricing is in US Dollars ($) unless your quote is given in euros (€) or pound sterling (£).
- Inspection Upon Receipt. All sales are final. If equipment is damaged and nonfunctional upon delivery (“Non-Operational”), Buyer has 48 hours from receipt of Equipment to provide PRG Proshop with written email notice with details and pictures with proof of non-functionality. PRG will either replace the faulty Equipment; or provide buyer with repair parts; or refund purchase price plus taxes only, in PRG’s sole discretion. Shipping and packaging fees will not be refunded, and Buyer is responsible for costs to return Equipment to PRG. If PRG is not notified as per the process outlined above within 48 hours of receipt of equipment, PRG has no further obligation to Buyer for any malfunction or damage to the equipment. Refunds and/or replacement equipment will not be processed until all affected equipment has been returned to PRG. Equipment sold as part of a Bin Lot are not returnable regardless of condition of equipment.
- Refunds for Non-Operational Equipment. Refunds can take up to 30 days to process from the time of PRG’s receipt of returned Equipment and will be issued via the same payment method used for the original purchase. PRG is not responsible for any costs incurred by the Buyer to facilitate a return or refund. Restocking fees of 15% of Quote will be withheld at the time of the refund and will be disclosed to the Buyer. PRG’s refund policy is subject to change at any time without notice and will be posted on the PRG Proshop website.
- Refunds When Product Unavailable. In the event that Buyer pays for Equipment that becomes unavailable, PRG will immediately process a full refund. Refunds can up to 30 days to be processed.
- Cancelled Orders. If Buyer pays for an Order, but cancels the Order after order-processing but prior to shipping being booked, there will be a cancellation fee charged in the amount of 5% the Final Order Price. If an Order is cancelled/returned after shipping has already been booked, is in-transit, or delivered, there will be a cancellation fee charged in the amount of 15% of the Final Order Price, plus all additional shipping costs incurred.
Shipping. Buyer agrees to pay all shipping charges. PRG cannot guarantee shipment or delivery times. PRG is not responsible for extra costs incurred by Buyer due to any delays in shipping. Buyer acknowledges that either arrange for shipping or pick-up the from a PRG Branch, Buyer is accepting delivery of the item(s) at the point of pick-up (the PRG Branch) and is fully responsible for insuring the shipment from the time the equipment is shipped. Buyer understands that any damage or loss during transport is Buyer’s responsibility. IF PRG ARRANGES SHIPPING WITH A THIRD-PARTY CARRIER, THE INSURANCE IS LIMITED TO CARRIER’S INSURANCE COVERAGE, AND PAYMENT. PRG assumes no liability for damage occurring during transport handled by a third-party carrier. Shipping charges, insurance and any other required country, state or provincial taxes related to freight will be applied to orders during the inquiry/quoting phase. Any changes made to an order delivery address will affect the shipping value. Delays in the order completion and final payment may also result in changes to the shipping costs. Freight quotes are guaranteed for 5 business days. Buyer is responsible for any additional costs.
PRG will notify a Buyer of additional costs to be charged for any order requiring specialized packaging or custom shipping.These costs will be in addition to the Final Order price (equipment, taxes, freight). Unless otherwise agreed in writing, an order will be cancelled, and the equipment will be released if Buyer does not pay in full within 48 hours. Due to the fluctuating cost of shipping and higher demands on carriers, shipping quotes and timelines cannot be guaranteed for more than 5 business days. Buyer is responsible for all additional costs associated with Shipping.
- Taxes and Duties. Buyer agrees to pay all sales taxes, insurance, and duty on all purchases. Taxes, if any, will be calculated and added to the Buyer’s order detail and can be found by logging in to their Account Center on www.prg-proshop.com. PRG is registered to collect taxes in all but the following states: Alabama, Idaho, Iowa, Kansas, Nebraska, North Dakota, Oklahoma, Rhode Island, South Dakota, Vermont, and West Virginia. If relevant, Buyer must provide its Tax-Exempt, Resale, or any other tax documentation for review and approval promptly upon confirming a purchase. PRG reserves the right to refuse any tax documentation deemed invalid, or if untimely sent, in its reasonable discretion. Furthermore, Buyer is responsible for handling, and paying all fees associated with, the import/duty requirements for shipments crossing a border, and is responsible for any additional charges for taxes and duties.The PRG Proshop website listing will note if any equipment originates from outside the US.
Payments. PRG accepts payment via Credit Card, ACH, wire transfers and bank check. In the event a chargeback is initiated prior to PRG’s acceptance of a return, Buyer is subject to an administrative finance charge of $40, plus a 10% service fee (based on the Order price of the returned Equipment). Payments in full must be received before shipping can be arranged. Failure to pay timely may result in increased pricing or rejection of sale.
Buyer is not entitled to, and will not attempt to, chargeback or seek a refund for any monies paid by Buyer if Buyer does not fully comply with PRG’s Refund Policy. Buyer will also not seek to obtain a chargeback or the like from any credit card or electronic funds processor without first exhausting good faith dispute resolution efforts with your PRG Account Executive, by submitting a written notice of the reasons for such desired chargeback or refund, and all supporting documentation, including videos and pictures. PRG will have no less than 10 business days after receipt of all documentation to respond to such dispute.
- Disclaimer of Liability. Buyer acknowledges and understands that the Equipment sold herein may be dangerous if improperly used. Buyer acknowledges that it must contact the original manufacturer to obtain up-to-date installation and operation manuals and other information to insure the safe operation of Equipment. PRG will not be responsible for any loss or injury resulting from defects or alleged defects in the Equipment or from the subsequent use of the items. ALL EQUIPMENT IS PURCHASED BY THE BUYER "AS IS" AND "WITH ALL FAULTS", AND PRG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE EQUIPMENT EXCEPT AS EXPRESSLY SET FORTH HEREIN.
- Indemnification. To the fullest extent permitted by law, Buyer agrees to indemnify, defend and hold harmless PRG, its parent, affiliates, directors, officers, employees and other agents and representatives from and against any and all claim, demand, cause of action, debt, settlement, claim, obligation, penalty, judgment, loss or liability, including reasonable attorneys’ and other professional fees (“Loss”) based upon, arising out of, or relating to Buyer or an end-user’s use (or inability to use) the Equipment, any aspect of PRG Proshop, or any other activities undertaken using the services or Equipment, except to the extent such Loss is caused by the sole negligence or willful misconduct of PRG.
- LIMITATION OF DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER.
- GOVERNING LAW. All matters involving the validity, interpretation, and application of Agreement will be controlled by the laws of the State of New York. Any and all disputes arising hereunder shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in New York City, New York State, USA, and Buyer consents to the personal and exclusive jurisdiction and venue of these courts, and service of process by certified mail, return receipt requested.
- ENTIRE AGREEMENT. PRG rejects any of Buyer’s forms or other documents which contain contrary terms and conditions. Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by PRG. The contract, when so approved, shall supersede all previous communications, either oral or written.