July 1, 2016

1. SHIPMENTS:

Shipment will be made conforming as closely as possible to customer’s written instructions. Shipping dates provided by acouStaCorp LLC are estimates only. Shipments are Ex Works acouStaCorp LLC, Bronx, NY, and goods are turned over to the carrier in good order.

Customer is responsible to check shipment at time of delivery and immediately report damages and shortages to carrier and acouStaCorp LLC, or shipment shall be deemed accepted in good order. The carrier is solely liable for damages during shipment regardless of who selected the carrier.

acouStaCorp LLC is not responsible for delivery delay resulting from circumstances beyond its control including component unavailability, carrier delays, delays due to fire, severe weather conditions, power failure, labor problems, acts of war, terrorism, general insurrection, acts of God, or acts of any government agency.

2. LIMITED WARRANTY:

Variable Acoustic Banners manufactured by acouStaCorp LLC are warranted to be free from defects in material and workmanship for a period of three (3) years.

Other motorized equipment manufactured by acouStaCorp LLC is warranted to be free from defects in material and workmanship for a period of one (1) year.

The above warrantees assume products were installed correctly per all allowable industry standards, applicable drawings and installation instructions issued with the product.

No claims will be honored if we determine the equipment has been improperly wired, handled, installed or maintained. No claims will be honored if any defect is caused by improper storage, exposure to harmful site conditions, abuse, misuse, alteration or modification, used as rental equipment, act of God, or used in a manner not intended.

Warranty does not include any costs for scaffolding and/or temporary lifts required to perform warranty, work on acouStaCorp equipment.

Warranty is effective from date of shipment from our factory.

acouStaCorp LLC makes no representation of the suitability of any product or any application and expressly disclaims implied warranties of any kind, including implied warranty of fitness.

No product of acouStaCorp LLC is designed, intended, or warranted for the use of lifting or transporting people.

Warranty on items not manufactured by acouStaCorp LLC will be assigned to you. Alteration or use as rental equipment voids any warranty.

3. LIMITED LIABILITY:

Under no circumstances will acouStaCorp LLC, and their affiliates, suppliers, subcontractors or agents be liable for:

(a)       Any incidental, indirect, special, punitive or consequential damages including but not limited to loss of profit or revenue (even if acouStaCorp LLC has been advised of the possibility of such damages), including claims 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 or claim arising out of, or in connection with implementation of any conclusions or recommendations by acouStaCorp LLC in connection with its products.

(d)       The product being unavailable for use.

Notwithstanding the foregoing, acouStaCorp LLC’s entire liability for damages from any cause whatsoever shall not exceed the lesser of:

            1)   The dollar amount paid by customer for the product(s) giving rise to the claim; or

            2)   A maximum of $1,000.00.

4. PRODUCT DESIGN AND SPECIFICATION:

Prices, terms, specifications and applications are subject to change without notice.

5. 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.

 

THESE ARE ALL THE TERMS AND CONDITIONS OF PRODUCT SALES, UNLESS A SEPARATE WRITTEN AGREEMENT IS SIGNED, WHICH SPECIFICALLY STATES THAT IT PREVAILS OVER THESE TERMS & CONDITIONS OF SALE.

Orders must be submitted in writing by mail, fax or e-mail and are subject to credit approval or approval of payment terms and payment method. All Federal, State, Excise Sales and Use Tax, Customs Duties or VAT are the responsibility of customer.

Orders are only binding upon written acknowledgement and acceptance by acouStaCorp LLC, to customer with current production and delivery schedule.