Terms and Conditions
1. Definitions In this document the following words shall have the following meanings:
a. “Buyer” means the organization or person who buys Goods
b. “Goods” means the articles to be supplied to the Buyer by the Seller;
c. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
d. “Seller” means Symbol Audio LLC, 70 S Franklin St, Nyack, NY 10960 USA.
a. These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
b. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
. The price shall be as set forth on the quotation or website. Prices are subject to change without notice. Quoted prices on the products are exclusive of all sales, excise and other taxes and exclusive of freight, installation, handling and storage charges, any or all of which, as applicable will be added to the invoice as a separate charges to be paid by the Buyer or otherwise charged as indicated in these Terms and Conditions. Prices are effective for all orders received by the Buyer within 60 days of the date of Symbol Audio LLC’s formal price quotation, and thereafter subject to changes. Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including, but not limited to, federal, state, provincial and local taxes, excise, value added, goods and services taxes and any other taxes. Buyer agrees to pay these taxes unless Buyer has provided Seller with an exemption resale certificate in the appropriate form for the jurisdiction of the Buyer’s place of business and any jurisdiction to which Goods are to be directly shipped hereunder, or unless the sale is otherwise exempt from these taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on the Seller’s invoice. Pricing for undeliverable Goods may be increased in the event of any increase in the Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Symbol Audio LLC reserves the right to increase prices in cases where modifications requested by the Buyer give rise to additional costs. Verbal price estimates are not binding.
. Payment shall be completed in full by the Buyer before the Seller processes the order.
a. Where a 50% deposit is offered, the remaining balance will be collected prior to shipment of Goods.
b. If payment of the price or any part thereof is not made by the shipment date, the Seller shall be entitled to among all other remedies permitted by law:
i. require payment in advance of delivery in relation to any Goods not previously delivered;
ii. refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process and variation of natural materials.
. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date estimated by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
a. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
b. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 24 hours of signed receipt to enable replacement or refund per the terms outlined in the Return Policy.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
10. RETURN OF GOODS
a. All sales are final, non-returnable, and non-cancelable unless otherwise agreed by the Seller in writing on a per-case basis, in which case the following terms apply.
b. Any returns must be authorized by a representative of the Seller and assigned an RMA (Returned Merchandise Authorization) number before any credit will be given. This RMA number must appear on all packaging and paperwork.
c. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of shipping and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way
d. Credit of amounts due or paid in will only be given for goods that are in saleable condition.
e. Cancellation Policy. All orders are non-cancelable. In the event the Seller agrees to cancel an order the customer will be reimbursed based on the level of completion and related costs. Re-stocking fees will be charged for all returned standard off-the-shelf products. No refund or credit will be issued for custom products, shipping charges, or NRE fees.
11. INSPECTION AND REJECTION
All products shall be examined by Buyer upon receipt of Buyer. If products are damaged upon receipt or do not conform to agreed specifications, discrepancy must be noted on the Bill of Lading or Delivery Receipt and a written claim must be filed with Symbol Audio LLC within 24 hours of delivery. If Goods are signed for by the Buyer without notation of damage or discrepancy, the Buyer has acknowledged satisfactory receipt of the Goods and any damage reported thereafter is assumed to have taken place in the care of the Buyer, for which the Seller will not be held responsible. Upon receipt of a written claim for damaged or nonconforming products, Symbol Audio LLC will assess the discrepancies noted and will repair, or at its option, replace, with new, used, or equivalent model, such Goods in a timely manner in cooperation with the schedules of its factories and delivery agents subject to the limited warranty set forth below, and shall be Buyer’s sole remedy at law or equity.
12. LIMITED WARRANTY: Disclaimer
Symbol Audio products carry a one year warranty against defects in materials and workmanship. The limited warranty begins on the date shown on the packing slip or invoice. The warranty period is not extended if we repair or replace a warranted product or any parts. Our Warranty protects the original owner of this product. Problems resulting from the following are NOT covered in the above warranty:
· External causes such as accident, abuse, misuse, or problems with electrical power.
· Servicing not authorized by SYMBOL audio.
· Cosmetic damage, including but not limited to scratches, dents, and damage to finish and/or paint.
· Usage that is not in accordance with product instructions.
If during the applicable warranty period, your SYMBOL audio product is found to be defective by SYMBOL audio, SYMBOL audio will repair, or at its option, replace with new, used or equivalent model, such defective product without charge for parts or labor.
For repairs not covered by this warranty, SYMBOL audio will provide an estimate for the repairs or recommend a local service technician. If the unit is not in need of repair, you will be responsible for a diagnostic charge. If your unit ever needs service contact us at firstname.lastname@example.org or call 845.358.9430 M-F, 9 AM – 6 PM EST. We may direct you to an authorized repair service or ask that you send your unit to us for repair in which case we will send you a Service Return Authorization and arrange the shipment. Please do not ship your equipment without our prior authorization.
When returning your unit for warranty service, a copy of the Service Return Authorization number must be attached. You should include the following: your name, address, email address, daytime telephone number, and a description of the problem.
THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR LIABILITY IS LIMITED TO THE REPAIR OR REPLACEMENT, AT OUR OPTION, OF ANY DEFECTIVE PRODUCT AND SHALL IN NO EVENT INCLUDE INCIDENTAL OR CONSEQUENTIAL COMMERCIAL OR PROPERTY DAMAGES OF ANY KIND. WE ARE NOT RESPONSIBLE FOR PRODUCTS LOST, STOLEN AND/OR DAMAGED DURING SHIPPING.
This warranty may not be altered other than in writing signed by an officer of SYMBOL audio, LLC.
13. LIMITATION OF LIABILITY
. The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
a. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
14. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of any contract between Seller and Buyer shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract. All orders or contracts are given and accepted with the understanding that they are subject to Symbol Audio LLC’s ability to obtain materials from manufacturers and suppliers and are subject to manufacturing schedules and government regulations that may be in effect from time to time. Failure to meet a production or delivery date shall not give cause to either cancellation of the order, or liability on the part of Symbol Audio LLC.
16. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
17. ASSIGNMENT AND SUB CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
20. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of The State of New York USA and the parties hereby submit to the exclusive jurisdiction of the State of New York courts.
21. CREDIT CARD USAGE
Shopping cart software is provided by Woocommerce and is PCI compliant on their secure servers. Symbol Audio LLC has not given Woocommerce or any credit card processor permission to sell or share buyer information.