Apogee Sound International: Terms & Conditions of Sale
  

Terms and Conditions of Sale

Acceptance:
All orders are subject to Apogee's approval and acceptance at its headquarters in Mahwah, New Jersey, USA.

Payment Terms:
For dealers with established credit, payment terms are 2%, 15 net 30 days. The postmark date on the envelope will determine if payment has been made within terms. Unearned discounts taken will be billed back. The prompt payment discount will apply to prepaid orders for customers with terms, but will not apply to COD orders. Discounts do not apply to freight charge or repair parts and labor. A monthly service charge of 1.5% (18% per annum) will be charged on all past due account balances. All orders are subject to the approval of the Credit Department. The factory may decline to make any shipment or perform any work except upon receipt of payment or upon terms and conditions satisfactory to the Credit Department.

Taxes:
Any excises, levies, or taxes which Apogee may be required to pay or collect under any existing or future law upon or with respect to the sale, purchase, use, consummation, or transportation of the products shall be for the account of the purchaser and shall be paid by the purchaser.

Order Confirmation:
All orders must be accompanied by a hard copy of a signed purchase order. The hard copy must arrive before shipment of the order. Facsimile transmissions are accepted and recommended for time sensitive orders.

Order Cancellation:
Once an order is placed with and accepted by Apogee, it may only be cancelled with the written consent of Apogee on terms that will indemnify Apogee against loss in connection with such cancellation, including a 10% cancellation fee. Orders for custom/non-standard items cannot be cancelled once they are confirmed.

Prices:
Prices and terms are subject to change without notice. Orders calling for future delivery will be billed according to the price in effect at the time of delivery. Written quotations automatically expire thirty (30) days from date issued and are subject to earlier termination by notice. Prices shown do not include charges for special packaging which will be extra unless otherwise specified. All prices are for components only. Minimum billing is $100.00 USD per order.

Shipping Delays:
Specified shipping dates shall be estimates only and are subject to change by the factory without notice or liability. Apogee shall not be liable for any damages (direct, consequential or otherwise) due to any delays in shipment for any reason.

Freight Terms:
All shipments are F.O.B. Chandler, North Carolina or Memphis, Tennessee, USA. Purchaser assumes all responsibility for payment of shipping charges. Purchaser may recommend a freight carrier and routing. However, the factory reserves the right to select an alternate carrier and/or routing at its sole discretion. Apogee reserves the option to make partial shipments. If partial shipments are not acceptable, this must be stated on the order. Charges arising from undeliverable shipments, storage or other circumstances shall be the sole responsibility of purchaser.

Freight Claims:
All title, risk and/or liability of loss, damage and mis-handling shall pass to the purchaser upon Apogee’s consignment of product(s) to the purchaser or freight carrier. All freight claims for breakage, loss, or damage, whether obvious or concealed, must be made by the Purchaser to the carrier within the time period specified by ICC regulations. Shortages must be noted on the Bill of Lading at the time of delivery.

Limited Warranty; Exclusion of Certain Damages:
Apogee products are warranted for one (1) year from the date of original purchase to be free from defects in materials and workmanship, under normal use and service, when installed and operated within specifications, except for AMT-series and amplified speakers which carry a three (3) year warranty; processors, which carry a three (3) year warranty; amplifiers, which carry a five (5) year warranty and discounted products ([B-stock, demo gear, etc.), which are warranted for ninety (90) days. If a malfunction occurs, the product will be repaired or replaced, at Apogee’s option, with a new or refurbished product if delivered prepaid to an authorized Apogee Service Facility. This limited warranty does not extend to finish, appearance items, or malfunction due to abuse, misuse, negligence, misapplication or operation under other than specified conditions, nor does it extend to incidental or consequential damages. The salespersons or agents of Apogee or its dealer(s) are not authorized to make any representation, promises or warranties on behalf of Apogee or in any manner that may obligate Apogee to the purchaser.

THIS LIMITED WARRANTY IS APOGEE’S SOLE AND EXCLUSIVE WARRANTY AND THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY. APOGEE MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. IN NO EVENT SHALL APOGEE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF USE DAMAGES), EVEN IF APOGEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Returns and Exchanges:
Please call our Customer Service department for a Return Authorization (RA) number prior to returning defective merchandise to the factory. Merchandise returned without an RA on the outside of the box will not be accepted. All material must be returned to the factory freight prepaid. Unauthorized returns and collect freight will be refused by Apogee and will remain in the possession of the carrier at the expense of the shipper.

Restocking Charges:
Authorized returns of product in factory-sealed cartons are subject to a 15% restocking charge, subject to verification that product is in resaleable condition as new. Freight on all returns must be prepaid. No returns days will be authorized more than 60 days after date of delivery. The consignee must notify the factory of incorrect shipment within five (5) business days of receipt. Apogee solely and exclusively reserves the right to authorize returns and make any other determinations regarding this policy.

Warranty Repairs:
Please call our Customer Service department for a Return Authorization (RA) number prior to returning defective merchandise to the factory. Merchandise returned without an RA on the outside of the box will not be accepted. Warranty repairs will be returned to the customer via ground transport, freight prepaid by Apogee. If a more rapid form of shipment is desired, the customer will pay the difference in cost between ground transport and the rapid shipment charge. Please return defective components only. If a complete loudspeaker enclosure is returned with suspected driver failure and the repair of the unit falls within warranty guidelines, the factory will pay only freight applicable to the component.

Non-Warranty Repairs:
Please call our Customer Service department for a Return Authorization (RA) number prior to returning defective merchandise to the factory. Merchandise returned without an RA on the outside of the box will not be accepted. Returned products, which do not qualify for warranty service, may be repaired or replaced, at the option of Apogee, with a previously repaired or refurbished item. The customer will pay all freight charges. Repaired products are warranted for ninety (90) days.

Choice Of Law:
The laws of the state of New Jersey shall govern on all questions arising under this contract, without regard to its provisions relating to conflicts of law.

Attorneys’ Fees:
In any suit or action brought to enforce these terms and conditions or to recover for any breach of this contract, the losing party shall pay to the prevailing party reasonable attorneys fees and all other costs and expenses which may be incurred by the prevailing party. Notwithstanding the foregoing, in the event Apogee shall refer this order to an attorney for collection, Buyer agrees to pay, in addition to any unpaid balance due hereunder, all costs and expenses incurred in attempted or effecting collection hereunder, including reasonable attorneys fees, whether or not suit is instituted.

Credit Cards:
In the event Buyer pays for product with a credit card and a dispute arises between the Buyer and Bogen regarding such products, Buyer shall resolve such dispute directly with the Bogen and shall not involve the company which issued the credit card in such dispute.

11/2016


Copyright 2008 Apogee Sound International