June 1, 2010
1. SHIPMENTS:
Shipment will be made per customer’s written instructions; shipping dates provided by acouStaCorp, LLC are estimates only. All shipments are delivered to the shipper in good order and are F.O.B. AcouStaCorp, LLC, Bronx, NY 10454. Within (3) three business days of customer’s receipt of goods, customer shall check shipping container for damages and/or shortages and report any to carrier and acouStaCorp, LLC; or shipment shall be deemed accepted in good order,. The carrier is solely liable for damages during shipment regardless or who selected the carrier, no claims for damaged goods shall be made beyond (3) three business days from customer receipt of goods.
2. RETURNED ITEMS:
No goods will be accepted for return unless with prior written permission from acouStaCorp, LLC. A restocking and handling charge of up to 25% may be imposed if the claimed defect is not included within acouStaCorp, LLC’s limited warranty stated herein. The amount shall be determined at the time of return and inspection at our factory. All merchandise MUST BE RETURNED FREIGHT PREPAID. Custom manufactured items are not returnable. The customer shall only return claims for defective items and shall not return conforming product for alleged defects to any portion of a shipment. Customer shall not otherwise reject any shipment due to a non conformance until or unless acouStaCorp, LLC has a reasonable period of time to fix or replace such items.
3. LIMITED WARRANTY:
All equipment and merchandise manufactured by acouStaCorp, LLC is warranted to be free from defects of material or workmanship for a period of two years from the date of shipment from our factory. All items not manufactured by acouStaCorp, LLC are warranted only to the extent and in the manner warranted by the original manufacturer. Modification or alteration of any kind, or rental use of an equipment item, invalidates any kind of warranty. acouStaCorp, LLC makes no representation of the suitability of any product or any application or installation of any product unless specific drawings are made by the factory and the products are installed in precisely the exact manner as detailed by our design staff. No item of acouStaCorp, LLC is designed, intended or warranted for the use of lifting or transporting people. No claims will be honored in circumstances where, in our opinion, the defect was caused by misuse, abuse, alteration, improper installation, improper maintenance, Act of God, on any use in a manner not intended.
4. LIMITED OF LIABILITY:
Under no circumstances will acouStaCorp, LLC, it’s affiliates, suppliers, subcontractors or agents be liable for: (a) any incidental, indirect, special, punitive or consequential damages which includes but is not limited to, loss of profits or revenues, even if acouStaCorp, LLC has been advised of the possibility of such damages, whether a claim for such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (b) claims, demands or actions against customer by any third party; (c) any loss of claim arising our of or in connection with customer’s implementation of any conclusions or recommendations by acouStaCorp, LLC in connection with its products; or (d) the product being unavailable for use. Notwithstanding the foregoing, in the event of any liability claimed, acouStaCorp, LLC’s entire liability for damages from any cause whatsoever shall not exceed the lesser of: (a) the dollar amount paid by customer for the product(s) giving rise to the claim; or (b) a maximum of $1,000.00. acouStaCorp, LLC. will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of god or acts of any government agency.
5. PRODUCT DESIGN AND SPECIFICATION:
Prices, terms, specifications and applications are subject to change without notice, due to our policy of continued research for the improvement of our products, as well as changes in our material suppliers, engineering, safety concerns, government rules and the like, modifications are requested to be in writing.
6. JURISDICTION/DISPUTE RESOLUTION:
The laws of the State of New York and the Superior Court of New York County and the United States District Court of New York shall have the sole and exclusive jurisdiction of any dispute notwithstanding any State, or Federal or International or “Internet” law to the contrary. The prevailing party in a court proceeding or suit shall be entitled to its reasonable attorney fees and costs.
7. THESES ARE ALL THE TERMS AND CONDITIONS OF PRODUCT SALES, UNLESS A SEPARATE WRITTEN AGREEMENT IS SIGNED. Orders must be submitted in writing and either by Fax, by e-mail, by mailed written order; and is binding only when accepted and acknowledged to customer, in writing, and always subject to credit approval, and payment method (cash, check, money order, credit card, credited Fed Funds) deposit arrangement, payment terms, production scheduling and delivery details, All State, Federal, use and excise taxes are the responsibility of customer.