THE FINE PRINT
Who we are:
Visual Products Inc. (“Visual Products”) is a leader in supplying quality equipment to the entertainment industry. The business operates in a custom-built facility at 790 Shiloh Avenue, in Wellington, in the state of Ohio along with their main website (www.visualproducts.com).
What personal data we collect and why we collect it:
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
We collect Personal Information directly from you and from any devices, including mobile devices, that you use when you use our Platform, provide us with information on a web form, update or add information to your order, or when you otherwise correspond with us.
The provision of Personal Information is voluntary but may be necessary in order to use our Services, such as conducting a transaction, submitting an online query, or otherwise corresponding with us.
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If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
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-Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
-Analytics and Marketing
We collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from devices (including mobile devices) you use when you access our Services. This information could include the following: Device ID or unique identifier, device type, ID for advertising and a unique device token.
Our web analytics also collect computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing activity, history and your web log information.
Once you’ve made a purchase with us or contacted us, we may use your name, email address, mailing address, and purchase history to contact you with information, special offers, or new products that we think you might be interested in. We might also collect this Personal Information from third parties such as tradeshows or email lists to market our products and services to you. This information is usually limited to name, email address and, rarely, mailing addresses.
Who we share your data with:
What rights you have over your data:
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Terms and Conditions:
I. GENERAL PROVISIONS AND CONDITIONS
A. NATURE OF CONTRACT AND NAMES OF PARTIES. This is an agreement for the sale of products between Visual Products Inc. (“Visual Products”) of 790 Shiloh Avenue, Wellington, Ohio 44090 and Purchaser. This agreement was drafted and executed in the Village of Wellington, County of Lorain, State of Ohio. Visual Products recognizes that Purchaser may desire to use its own acknowledgement form to reflect this agreement; however, any provisions in Purchaser’s acknowledgement form which modify, conflict with, or contradict any provisions of this agreement, shall not be binding between the parties. An acceptance of any of the products covered by this agreement shall constitute an acceptance of these terms and conditions and shall constitute the entire contract between us.
B. INTEGRATED AGREEMENT. It is agreed and understood that no verbal alteration or agreement between Purchaser and any agent of Visual Products shall be binding upon Visual Products. The terms of this agreement are intended by the parties as final, complete, and exclusive expression of their agreement.
C. QUOTATIONS, CHANGES, AND CANCELLATIONS OF ORDER. Price quotations are valid and firm for thirty (30) days unless otherwise stated. Purchaser may not, under any circumstance or for any reason, cancel its order or any part thereof unless Visual Products has received written notice of the cancellation more than thirty (30) days prior to the shipping date last agreed upon by Visual Products for the order or the portion thereof being cancelled. In the event of any such cancellation or change of any order by Purchaser, Purchaser shall reimburse Visual Products for all costs and expenditures made or committed to be made by Visual Products up to the date or receipt by Visual Products of written notice of the change or cancellation, including reasonable overhead and profits lost on the portion cancelled.
D. CANCELLATION. If either Visual Products or Purchaser fail to perform any of its duties hereunder and such failure continues for a period of thirty (30) days written notice thereof, the other party shall have the right to cancel the contract effective immediately, upon expiration of said thirty (30) days, retaining all of its remedies for breach of the entire contract or for any unperformed balance thereof. In the event of breach by Purchaser, Visual Products is entitled to all remedies available to it in law and in equity, costs of the action, and attorney fees.
E. VENUE (GOVERNING LAW) /RESOLUTION OF DISPUTES. This contract and all rights and duties of and between Visual Products and Purchaser shall be governed by and construed according to the applicable laws of the State of Ohio. Both parties subject themselves to the jurisdiction of the state and federal courts in Ohio by entering into this agreement.
F. SPECIAL TOOLING. In the event that Visual Products arranges for the manufacture or purchase of special tools, dies, or equipment in connection with Purchaser’s order, such tools, dies, and equipment, unless otherwise agreed to in writing by an authorized representative of Visual Products, shall remain in the exclusive property of Visual Products notwithstanding that a part of the cost thereof is included as a part of the price specified herein.
II. PROVISIONS RELATING TO GOODS
The goods that are the subject matter of this contract and the quantity of goods to be delivered by Visual Products and received by Purchaser under this contract are incorporated into this contract by reference. Price quotations on goods scheduled or forecasted for delivery beyond twelve (12) months from the date of the quotation are not binding upon Visual Products. All orders including those received on the basis of a quotation are subject to acceptance and acknowledgement by Visual Products. Prices quoted and acknowledged do not include federal, state, or local taxes as applicable and these taxes will be added to the sale price when Visual Products is legally obligated to collect the taxes unless Purchaser provides Visual Products with a proper tax exemption certificate. All prices quoted and acknowledged are subject to correction for stenographic, typographic, and clerical errors.
III. PRICE, PAYMENT, SHIPMENT, AND DELIVERY
A. PAYMENT, TITLE, AND RISK OF LOSS. Purchaser agrees to pay Visual Products for the services and/or goods to be provided by or through Visual Products hereunder thirty (30) days net of the date of Visual Products’ invoice or as otherwise quoted. A service charge of 1.5% per month will be charged on delinquent accounts. Purchaser agrees to pay any returned check fees, stop payment fees, wire transfer fees, and freight and shipping charges for purchases and return. In the event Visual Products is required to utilize the aid of an attorney or collection agency for collection of amounts due Visual Products from Purchaser, Purchaser agrees to pay reasonable collection agency and/or attorney’s fees and court costs. Payment is due in the office of Visual Products which place shall be deemed to place of performance. If the financial condition of the Purchaser at any time is such as to give Visual Products, in its reasonable judgment, grounds for insecurity concerning the Purchaser’s ability to perform its obligation hereunder, Visual Products may require full or partial payment in advance or may suspend any further deliveries or discontinue the work to be performed by to furnish such payment within 7 days of demand by Visual Products shall constitute a repudiation of the contract and in such event Visual Products shall be entitled to receive reimbursement for its cancellation charges. In the event of bankruptcy or insolvency of the Purchaser or in the event any proceeding is brought by or against Purchaser under the bankruptcy or insolvency laws, Visual Products shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the bankrupt’s estate and shall receive reimbursement for its cancellation charges.
Payment is to be made by Purchaser in United States dollars or other medium of exchange acceptable to Visual Products upon presentation of invoice to Purchaser by Visual Products subject to the terms and conditions of payment state thereon. Prices are subject to change upon fifteen (15) days’ notice unless otherwise stated. Purchaser shall be responsible for and pay for all costs of freight and insurance for transporting the goods between Visual Products and Purchaser, and Purchaser shall bear all risk of loss during shipping.
Visual Products shall have no obligation to make any further shipments until all payment for prior shipments are received by Visual Products. Furthermore, Visual Products may suspend performance hereunder until such payment is received.
B. SHIPMENT AND DELIVERY. Shipping dates represent Visual Products’ best estimate and are approximate. Failure to meet these dates shall not constitute default by Visual Products nor shall Visual Products be liable for any failure to perform by reason of causes beyond its control. These causes include, but are not limited to, storms, floods, fires, accidents, wars, shortage of fuel, materials, transportation facilities, labor disputes and shortages and legislative action, judicial action and acts of God. In the event of any delay caused by such contingency, the date of delivery shall, at the request of Visual Products, be deferred for a period equal to the time of loss by reason of the delay. In the event Visual Products’ production is curtailed for any of the above reasons so that Visual Products cannot deliver the full amount released hereunder, Visual Products may allocate productions deliveries upon various customers then under contract for similar goods. The allocation will be made in a commercially fair and reasonable manner. When allocation has been made, Purchaser will be notified of the estimated quota made available.
A. LIMITED WARRANTY. THE FOLLOWING WARRANTY FROM VISUAL PRODUCTS IS EXPRESSED IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THAT PART OF VISUAL PRODUCTS. VISUAL PRODUCTS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THE PRODUCTS OF VISUAL PRODUCTS.
VISUAL PRODUCTS WARRANTS THAT THE GOODS DESCRIBED IN THIS WARRANTY ARE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS FOR A PERIOD OF SIX MONTHS AFTER SHIPMENT, UNLESS OTHERWISE NOTED ON THE QUOTE OR INVOICE.
PURCHASER’S REMEDY IS HOWEVER SUBJECT TO AN INSPECTION AND DETERMINATION BY VISUAL PRODUCTS AT VISUAL PRODUCTS PLANT THAT ANY ALLEDGED DEFECT, MALFUNCTION, OR OTHER FAILURE OF A VISUAL PRODUCTS PRODUCT IS NOT THE RESULT OF MISUSE, IMPROPER APPLICATIONS OR INSTALLATION, ABUSE, OR DAMAGE OCCURRING AFTER THE PRODUCT HAS LEFT THE CUSTODY OF VISUAL PRODUCTS.
IMPORTANT: WARRANTIES ARE VOID ON ALL APPLICATIONS WHICH EXCEED VISUAL PRODUCTS ADVERTISED SPECIFICATIONS FOR NEW APPLICATIONS. VISUAL PRODUCTS ACCEPTS NO RESPONSIBILITY AND EXTENDS NO WARRANTY UNLESS IT HAS APPROVED THE APPLICATION IN ADVANCE.
IF PURCHASER SEEKS REJECTION OF GOODS DELIVERED FOR NONCONFORMITY WITH THIS CONTRACT AND/OR PACKING LIST DISCREPANCIES, PURCHASER MUST SEND WRITTEN NOTIFICATION TO VISUAL PRODUCTS OF THE REJECTION OF THE GOODS WITHIN FIVE (5) DAYS AFTER DELIVERY TO THE PURCHASER. THIS NOTIFICATION SHALL STATE THE BASIS OF THE ALLEGED NONCONFORMITY AND A DESCRIPTION OF THE PORTION OF THE SHIPMENT REJECTED. FAILURE OF THE PURCHASER TO SEND WRITTEN NOTIFICATION TO VISUAL PRODUCTS SHALL BE DEEMED CONCLUSIVE EVIDENCE THAT NO NONCONFORMITIES OR PACKING LIST DISCREPANCIES EXISTED AT THE TIME OF THE DELIVERY TO THE PURCHASER.
V. LIABILITY LIMITATION
Pursuant to Ohio Revised Code Sections 1302.29 and 1302.93 Visual Products’ liability for Purchaser’s damaged is limited in the event of a breach or repudiation of this contract or of any of the provisions by Visual Products. PURCHASER SHALL NOT BE ENTITLED TO RECOVER INCIDENTAL OR CONSEQUENTIAL DAMAGED INCLUDING THOSE ARISING UPON A BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY LOSSES, COSTS, EXPENSES, LIABILITIES AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR PROFITS, DAMAGES TO PROPERTY, ALL LIABILITIES OF PURCHASER TO ITS CUSTOMERS OR THIRD PERSONS, AND ALL OTHER SPECIAL OR CONSEQUENTIAL DAMAGES) WHETHER DIRECT OR INDIRECT, AND WHETHER RESULTING FROM, OR CONTRIBUTED TO BY THE DEFAULT OR NEGLIGENCE OF VISUAL PRODUCTS, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, WHICH MIGHT BE CLAIMED AS A RESULT OF THE USE, MISUSE, OR FAILURE OF THE PRODUCT DELIVERED. Additionally, Purchaser shall not be entitled to recover any costs for materials expended or used, initiated at the request of Purchaser. Visual Products’ liability on its warranty shall in no event exceed its cost of correcting the defects in the equipment sold or replacing the same with non-defective parts. The seller shall in no event be liable for any breach or warranty in an amount exceeding the purchase price of the goods sold.
VI. PURCHASER’S RIGHTS
In order to obtain performance of any obligation under this Warranty the following conditions must be met:
1. The product must be returned for inspection to Visual Products’ plant within seven (7) days after failure. (Packaging of the returned merchandise shall conform to the same methods employed by Visual Products in shipping to Purchaser. Visual Products will not allow credit for returned products damaged beyond the original defects, which damage was occasioned by carelessness of the customer or third parties, or improper packaging for return.)
2. A complete written report containing this following information must accompany any request for adjustment:
a. make or model;
b. nature of defect;
c. proof of delivery date;
d. date of failure;
e. description of failure;
3. Visual Products has to determine that the product is defective in either material or workmanship. If Visual Products inspects the product and it is defective, Visual Products will replace or repair it without charge.
VII. EFFECT OF CONTRACT
A. CONTRACT BINDING. This contract is binding on and inures to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this contract.
B. LEGAL CONSTRUCTION. In case any one of more of the provisions contained in this contract are held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and this contract shall be construed as if the invalid, illegal, or unenforceable provision has never been contained in it.
C. WAIVER. The failure of Visual Products in any one or more instances to insist upon performance of any of the terms or conditions contained herein, or to exercise any right or privilege hereunder, or the waiver of Visual Products of any breach by Purchaser of these terms or conditions is NOT a waiver of such terms, conditions, rights or privileges, and the same shall continue and remain in force and effect as if no failure of waiver had occurred.
VIII. STATUTE OF LIMITATIONS
Pursuant to Ohio Revised Code Section 1302.98 the parties agree that an action for breach of this agreement, or any other cause of action arising from this agreement, must be commenced if at all within one year from when the cause of action accrued.
Purchaser agrees to indemnify and hold harmless Visual Products from and against all claims for bodily injury, illness, death, or property damage, liabilities, damages, losses, and expenses, including attorney fees, arising from:
(1) the use or misuse of the product by a customer or any other party; or
(2) arising out of the performance of this contract.