The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Trew Audio (“Trew”) to Trew’s customers (“Customer”). These Terms and Conditions shall apply to the exclusion of all other terms referred to in any purchase order, acknowledgment, confirmation or any other documentation issued by either party, unless agreed in writing and signed by an authorized officer of Trew. Trew reserves the right to amend these Terms and Conditions at any time. The most current version of these Terms and Conditions can be found at www.trewaudio.com.
1. PRICES. Orders are billed at the prices (in US dollars) in effect at the time of shipment. The online store reflects the latest pricing information available at the time of printing, which are subject to change without notice. Prices for any rescheduled deliveries may be increased by Trew in the event of an increase in Trew’s prices or costs or causes beyond Trew’s reasonable control. Prices, specifications, and images are subject to change without notice. Trew is not responsible for typographical errors. Manufacturer rebates, terms, conditions and expiration dates are subject to manufactures printed forms. All products are based on availability of manufacturer.
Prices do not include federal, state and local sale, use, excise and similar taxes that may be collected at the time of sale where applicable unless an original signed tax exemption certificate is received by Trew.
2. TERMS OF PAYMENT. If Trew has not approved credit terms to Customer, payment will be due before completing the shipping process. Standard credit terms for approved customers are NET 10 days. Customer may be considered for COD terms under special circumstances.
3. DELIVERY AND TITLE. All shipments by Trew are from point of shipment from one Trew’s facilities and the amount of all shipment charges shall be paid to Trew by Customer in addition to the purchase price of the Products. Selection of the carrier and delivery route will be made by Trew unless specifically designated by Customer. Trew will make every effort to initiate shipment and deliver the Products as close as possible to Customer’s requested delivery date(s). Customer acknowledges that shipment and delivery dates provided by Trew are estimates only and that Trew will not be liable for failure to achieve such dates.
Delivery to a carrier will constitute delivery to Customer, and risk of loss of or damage to the Products will pass to Customer at this point. Title to the Products shall remain with Trew until payment in full for the Products by Customer. Products invoiced and held by Trew at Customer’s request will be held at Customer’s risk and expense.
4. CANCELLATIONS, RETURNS. Trew Audio must be contacted by the purchaser within 30 days of the original sale of new merchandise in order to be eligible for any refund or exchange. Newly purchased equipment that is non-working or faulty may be excluded from this requirement.
Merchandise must be returned in new condition and with all original packaging and materials. Any items returned within the 30 day period that do not meet the “new condition” standard will be subject to a 20% re-stocking charge or returned to the customer with no refund available. Whether or not the merchandise meets the standard of “new condition” will be determined by Trew Audio upon the return.
Customer may not cancel orders for non-standard Products unless otherwise accepted by Trew. Non-standard Products include, without limitation, Products which are special orders, products which do not appear online, products not customarily in stock, value-added products, products to be assembled from kit form, opened units, and products identified as otherwise non-cancelable and non-returnable (“NCNR”).
- Trew will accept Product returns only within 30 days of the date of delivery to Customer.
- Authorization must be obtained from Trew prior to returning any Product by contacting us to request a return material authorization (RMA). Please allow 24 hours for each request to be processed.
- If approved, Trew will issue Customer an RMA number. No return of Product will be accepted without a clearly visible RMA number marked on each carton.
- All return shipping charges including any duties and taxes are the responsibility of the customer.
- Returned Product must be in original shipping cartons with all packaging materials included.
- Any refunds for returns will be issued in the same payment form as the original purchase payment.
- Items that are considered non-stocking items or have been specially ordered are subject to any fees or return requirements from the manufacturer.
- Custom cables are non-returnable unless determined to be faulty due to original manufacturer. The customer is responsible for all descriptive parameters of any custom cable. Every effort should be made to describe the details of the cable correctly including length.
- Consignment purchases may be returned for any reason within 5 days from the time of receipt of the item. Shipping charges, duties or taxes associated with the return are the responsibility of the purchaser. Shipping charges from the original sale are not refundable. All consignment items must be returned to the site of original purchase.
- Trew will not be responsible for returned Product lost in transit.
- All sales for Motorola parts and accessories are final.
5. LIMITED WARRANTY. Trew warrants to Customer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such Products and that any value-added work performed by Trew on such Products will conform to applicable Customer’s specifications relating to such work. If Trew breaches this warranty, Customer’s remedy is limited to (at Trew election) (1) refund of Customer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Trew, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.
Trew will transfer to Customer all transferable warranties which Trew receives from the manufacturer of the Products. Details of these warranties can be made available to Customer on request.
6. LIMITATION OF LIABILITIES. CUSTOMER SHALL NOT BE ENTITLED TO, AND TREW SHALL NOT BE LIABLE FOR, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. CUSTOMER’S RECOVERY FROM TREW FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
7. PUBLISHED INFORMATION. Trew makes every effort to ensure the accuracy of the information published in its catalogs. However, Trew makes no representations about the information presented, which is provided “as-is” without warranty of any kind. Product specifications and availability are subject to change without prior notice.
8. LIMITATIONS OF USE. Customer agrees that using or selling Products for use in such applications is done at its own risk, and agrees that Trew and the manufacturer of the Products are not liable for any claim or damage arising from such use. Customer agrees to fully indemnify, defend and hold harmless Trew and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in such applications. Use of software will be subject to the terms of any accompanying end user license.
9. STATEMENTS AND ADVICE. If statements or advice (technical or otherwise, and whether or not provided by Trew’s technical support group) are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Trew will have no responsibilities or liabilities for the content of use of such statements or advice.
10. EXPORT CONTROLS. Products purchased are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible for obtaining any required license to export, re-export or import.
11. GENERAL. The Terms and Conditions may not be modified or cancelled without Trew’s written agreement. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction.
12. PAYMENTS. We accept Visa, MasterCard, American Express, and Discover. Payment for purchases may also be made with personal check, money order or Bank wire. Making payment using these mentioned non-credit forms, may extend the delivery period for the merchandise pending the approval period. Regulations require that the billing address of the order match the billing address associated with your credit card. All consignment items must be prepaid.
13. SHIPPING. Trew Audio ships anywhere that can receive USPS, Fed Ex, UPS or DHL. We cannot ship to PO Boxes due to the policy of the mail carriers. Upon special request Purolator Courier may be used. For urgent same- day shipment, Delta Dash, and Southwest Airlines may be used to locations served within the continental US. To certain destinations, Greyhound Bus parcel delivery is an excellent alternative for same-day delivery. For local same-day deliveries, professional courier service is available.
Shipping fees are calculated on a combined basis of weight, value (for insurance purposes), and destination. We will ship to your billing address. The billing address is the address your bank has on file and the address to which your bank mails your monthly statements. We will ship to a USA address provided you supply complete address information including a telephone number and the address can be verified (to deter credit card fraud and identity theft).
14. INTERNATIONAL ORDERS. All accepted forms of payment mentioned above may be used for international orders with prior approval. Bank wire may be required based on security risk and circumstances. To pay using wire transfer, please contact us with your list of items, billing name, billing address, and phone number and request banking details for wire transfer.
We ship international orders through DHL, UPS and FedEx. All international orders will be confirmed by telephone. Some manufacturers prohibit us from selling and shipping their products to foreign countries. These companies may include: Lectrosonics, Motorola and Sound Devices.