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Terms of payment are cash with order, check or bank transfer. Please allow 5 bank days for the check to clear.
TAXES Seller's price does not include sales, use or similar taxes. Accordingly, the buyer shall provide the seller with a tax exemption certificate acceptable to the taxing authorities, or pay any sales, use, excise or similar tax.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to negligence, shall Seller, or its affiliates, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use equipment. You specifically acknowledge and agree that Seller is not liable for any defamatory, offensive, or illegal conduct of any user.
If your equipment fails to perform in accordance with the specifications provided by Seller, contact the technical support staff. Seller will not be held responsible for revenues lost by Buyer as a result of, or incidental damages relating to, equipment which has failed to operate properly.
CANCELLATION OF ORDERS and REPAIRS
Orders are non-cancellable and non-refundable.
If your equipment fails to perform in accordance with the specifications provided by Seller, contact the technical support staff. If, after attempts to resolve the problem are made and your equipment continues to fail to meet the specifications, you can return equipment within the first 30 days from the date of shipment and a 15% restocking fee will be applicable on any return for credit. No refunds will be given or considered after 30 days from the date of shipment. If equipment is returned for credit, the following items and associated conditions do not qualify for a refund even if the items are returned within the 30 day time limit:
Shipping charges, labor charges, opened or modified module chassis, any items that have been defaced or physically damaged, any items that have become non-functional due to unapproved user intervention, demo units, items that have had the serial number removed, items or components that do not have the original or equivalent packaging and box or cable set, non-stock items, custom cables; and special order items.
All equipment returned to Seller for repair must be accompanied by an RMA number. This number is necessary to ensure proper tracking and handling of returned material at the factory. Seller reserves the right to refuse shipments not accompanied by RMA numbers. Refused shipments will be returned to the shipper via collect freight. Shipping charges are NOT refundable. Labor charges and other services are NOT refundable.
SHIPPING -
Terms are FOB San Jose CA.
The buyer is responsible for freight and insurance charges in addition to a $35 handling fee for each shipment piece.
All freight will NOT be insured unless other written instructions are received from the buyer.
The buyer is responsible for in-bound freight charges for warranty repairs within the first 30 days from date of shipment. Seller will pay the UPS (ground) outbound freight charges. After 30 days from date of shipment for repairs the buyer will be responsible for all freight charges.
LIMITED WARRANTY
Seller warrants that products are free from defects in material and workmanship and meet performance specifications provided, however, that:
1. Seller’s liability under this Warranty is limited to repairing or replacing, at its option, any standard product delivered. Seller will not be held responsible for revenues lost by buyer as a result of, or incidental damages relating to, equipment which has failed to operate properly;
2. This Warranty is limited to standard equipment for a period of thirteen months for use in any of the 50 United States of America;
3. There is no warranty for output devices, custom built or modified equipment;
4. Minor deviations from specifications which do not affect performance are excluded from this Warranty; and
5. Seller shall be liable under this Warranty only if:
a. It is promptly notified in writing by the buyer upon discovery of the failure of any product to conform to this Warranty,
b. The product is returned to seller for repair, transportation charges prepaid by the buyer,
c. The product is received by seller not later than ten days after the last day of the one-year period of this Warranty, and
d. Seller’s examination of the product discloses to Seller's reasonable satisfaction that such defects or failures as may exist have not been caused by misuse, neglect, improper installation, including but not limited to corrosive or unclean environment, tampering by animals, unauthorized repair, alteration, acts of God, including but not limited to lightning strike, irregular or unregulated voltage spikes or drops, terrorism, accident or shipping, and
e. Buyer does not attack or criticize Seller or any of its employees, affiliates or partners publicly, including but not limited, on public forums, blogs, social networks, etc. at any time during or subsequent to purchase of this product. Buyer does not seek advice on forums, blogs, community groups or any social media in a way which brings a bad name to Seller or any of its employees, affiliates or partners.
The Buyer will prepay freight to seller during the first thirty (30) days, from date of shipment, for products serviced hereunder at seller’s plant. Buyer will prepay freight to and from seller after thirty (30) days, from date of shipment. Seller may, at its option, elect to perform any repairs hereunder at the buyer’s place of business.
The foregoing constitutes Seller's entire Warranty expressed, implied and/or statutory, except as to title, and states the full extent of Seller's liability to the Buyer or to any other party for any breach of such warranty and for damages, whether direct, special, incidental or consequential; and, other than as expressly provided in this document. No warranties, expressed or implied, including any warranty or merchant ability or of fitness for a particular purpose, are made. No employee, representative or agent of Seller has any authority, expressed or implied, to alter or to supplement the terms of this Warranty. Seller is not responsible for typographic errors. Seller reserves the right to change the terms and conditions of sale at any time without notice.
WARRANTY SERVICE
The Limited Warranty covers parts and labor to the original purchaser only. Damage caused by misuse or shipping is excluded from the warranty. Before returning units or material, go to www.ptekpower.com and fill out the form to obtain a Returned Material Authorization (RMA) number. Units returned under warranty with no faults will be charged a $300 service fee for 150-500 watt equipment or $1,250 for 1,000+ watts in addition to all shipping costs. Ship all material prepaid. Defective material should be addressed to: FM Broadcast, Inc., Customer Service Manager, 1723-D Little Orchard Street, CA 95125.
OUT OF WARRANTY REPAIRS
Work on repairs cannot start until full payment is received. Any units submitted for repair and not paid for within 30 days will become the property of Seller. Repairs are warrantied for 90 days.
GOVERNING LAW This agreement shall be governed by the laws of the State of California, in Santa Clara County. |
