Film Odysseys, Ltd., (“Film Odysseys”) makes all sales of products (“Products”) to Customer (“Customer”) subject to the following Terms and Conditions, (“Terms and Conditions”):

Your purchases from Film Odysseys are made subject to these Terms and Conditions. Please review them carefully before placing your order. Film Odysseys Terms and Conditions are subject to change. By purchasing from Film Odysseys, you agree to be bound by the Terms and Conditions in effect at the time you place your order.

1. Prices: At the time of your order, you will receive the total bottom-line delivered cost for a complete shipment, according to the price prevailing at the time your order was placed.

2. Shipment / Delivery: Unless otherwise agreed in writing, delivery will be made to the address you have designated, in accordance with Film Odysseys shipping policy that is in place on the date of order. Delivery dates may be affected by our late receipt of all information necessary to ship or other causes beyond our reasonable control. In any event, we are not liable to you for any loss of time, material, or production or any other loss resulting from late delivery.

3. Payment: Film Odysseys accepts payment via PayPal, or major credit card (Visa, MasterCard, Discover and American Express). All products are sold in US Dollars.

4. Returns: Product returns or exchanges may be approved on a case by case basis at Film Odysseys’ sole discretion.

5. Damages in Shipment: Even though risk of loss pass when merchandise is shipped, we will assist you if merchandise is verified as damaged in transit. If this occurs, please take the following action:

• Do not accept a visibly damaged product until the person making the delivery has endorsed the air bill/bill of lading with a statement of the extent of the damage and file the freight claim at the time of delivery. 
• If damage is concealed and found after unpacking, retain all packing material, and immediately call us. Concealed damage must be reported within 24 hours from time of receipt of shipment.
• Notify us immediately of damages so that we can provide you with assistance on the claim with the freight carrier. When calling, please have the sales order number at hand.
• Please send us copies of all air bills/bills of lading and inspection reports.

6. Limitation of Liability: In no event shall Film Odysseys be liable to you under any legal theory whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including, but not limited to, such losses as (i) wages paid to your employees, (ii) lost revenue, (iii) lost use of equipment, (iv) purchase, lease, or other acquisition of replacement, substitute, or temporary equipment, facilities, or services, (v) costs of capital, (vi) costs or losses related to downtime, (vii) manual labor costs, or (viii) any other indirect, incidental, special, consequential, or other similar damages arising out of any claim relating to your purchases of goods from Film Odysseys, including losses resulting from your general or particular requirements or needs, whether or not Film Odysseys, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise. Film Odysseys’ liability to you shall in no event exceed the purchase price of the nonconforming goods giving rise to Film Odysseys liability to you.

7. Compliance with Laws: You agree to comply with all laws and regulations that apply to your use of the products that you purchase from Film Odysseys. In some cases, the export of products from the US may be subject to restrictions or prohibitions under US law. In any case, however, you remain solely responsible for such compliance, and Film Odysseys takes no responsibility for advising you regarding such matters or for providing any necessary export licenses.

8. Choice of Law, Forum Selection: Film Odysseys controls and operates its business from its offices at Williamstown, Massachusetts, USA. Consequently, any questions relating to these Terms and Conditions or their application in a particular situation or to any transaction (including any credit card transaction) between us shall be governed by the laws of the United States and the State of Massachusetts (without  regard to any provision that would result in the application of the laws of any other state  or jurisdiction). Any legal or equitable action of whatever nature brought by you against Film Odysseys arising out of or related in any respect to these Terms and Conditions or your purchases or other dealings with Film Odysseys shall be brought solely in either the United States District Court for the District of Massachusetts located in Springfield or the appropriate court of the State of Massachusetts located in the jurisdiction where Film Odysseys has its principal place of business. You agree that Film Odysseys may bring an action against you in these same courts, and you hereby irrevocably submit to the jurisdiction of and to venue in these courts. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchases from Film Odysseys, even if the purchaser or shipping destination is outside the United States. 

9. Severability: If any provision of Film Odysseys’ Terms and Conditions is found to be invalid or unenforceable, the other provisions will remain in full force and effect.