Terms and Conditions
Bush Amplification Ltd Terms of Service
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Bush Amplification Ltd. Any attempt to alter or supplement this document, to enter an order for a product(s) that is subject to additional or altered terms and conditions, or to modify in any way this agreement, will be null and void unless otherwise agreed to by written agreement signed by both you and Bush Amplification Ltd. These terms and conditions are subject to change without prior written notice at any time, at Bush Amplification Ltd’s sole discretion.
- Definitions.
1.1 “We”, “us” and/or “our” referrers collectively to Bush Amplification Ltd as well as any subsidiaries and affiliates.
1.2 “You” or “your” means the individual or entity named on the invoice.
- Acceptance
2.1 By completing a product purchase from Bush Amplification Ltd you agree to be bound by and accept the following terms and conditions concerning that product.
- Payment Terms, Orders and Interest.
3.1 Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside.
3.2 Bush Amplification Ltd reserves the right to cancel an order or transaction, in whole or in part, for any reason and at any time.
3.3 Terms of payment are within Bush Amplification Ltd’s sole discretion, and unless otherwise agreed to in writing by Bush Amplification Ltd, payment must be received in full before Bush Amplification Ltd will take any action towards the fulfillment of an order.
3.4 Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. Bush Amplification Ltd may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3.5 Bush Amplification Ltd is not responsible for pricing, typographical or other errors in any offer by Bush Amplification Ltd and we reserve the unilateral right to cancel any orders resulting from such errors.
- Taxes.
4.1 Unless you provide Bush Amplification Ltd with a valid and correct tax exemption certificate, applicable to your purchase of Product and the Product’s ship-to location, you are responsible for sales and other taxes associated with the order.
5. Shipping, Title and Risk of Loss.
5.1 Shipping and handling are additional unless expressly indicated otherwise at the time of sale.
5.2 Loss or damage that occurs during shipping by a carrier selected by Bush Amplification Ltd is Bush Amplification Ltd’s responsibility.
5.3 Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
5.4 Product titles and rights remains with the licensor of the product. Your use of said product is subject to license agreements applicable to the product.
5.5 Shipping dates are only estimates and Bush Amplification Ltd accepts no responsibility for situations resulting from a longer-than-estimated build or shipping time.
5.6 Items missing from your order must be reported to Bush Amplification Ltd within seven (7) calendar days of receipt. Bush Amplification Ltd accepts no responsibility for missing items not reported within the 7 days specified.
- Return Policy.
6.1 You may return Bush Amplification Ltd products purchased directly from Bush Amplification in accordance with Bush Amplification Ltd’s LIMITED WARRANTY policy.
6.2 Please keep in mind that, among other things, you:
6.2.1 Must contact us directly before you attempt to return the product.
6.2.2 Must return the product to us in its original packaging.
6.2.3 Are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
- Product Warranty for Domestic Customers and Disclaimer of Warranties.
7.1 THE PRODUCT WARRANTY APPLICABLE TO Bush Amplification Ltd PRODUCTS MAY BE VIEWED ON-LINE AT Bush Amplification Ltd’s LIMITED WARRANTY PAGE.
7.2 THERE ARE NO WARRANTIES FOR SERVICES OR NON- Bush Amplification Ltd PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”.
7.3 WARRANTY AND SERVICE FOR NON- Bush Amplification Ltd PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY Bush Amplification Ltd.
7.4 Bush Amplification Ltd MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN Bush Amplification Ltd’s APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD
7.5 Bush Amplification Ltd WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON Bush Amplification Ltd’s RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- There is NO WARRANTY for International Customers, as we do not sell any products internationally.
- LIMITATION OF LIABILITY.
9.1 Bush Amplification Ltd DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT.
9.2 Bush Amplification Ltd WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY SAVE THOSE FOR WHICH PROVISIONS ARE EXPRESSLY PROVIDED HEREIN.
9.3 Bush Amplification Ltd IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES WHICH EXCEED THE AGGREGATE DOLLAR AMOUNT PAID FOR THE PURCHASE OF PRODUCT OR SERVICES GOVERNED BY THIS AGREEMENT.
- Products.
10.1 Bush Amplification Ltd continually upgrades and revises its products and service offerings. Bush Amplification Ltd may revise and discontinue products at any time without prior notice to customers.
10.2 Bush Amplification Ltd guaranties all its products to have the functionality and performance described at the time of purchase; however, variations between what is shipped and what is described in a specification sheet or seen in pictures associated with the product may occur. The parts and assemblies used in building Bush Amplification Ltd products are selected from various brands and include both new and equivalent-to-new parts which are assembled in accordance with industry practices. Individual parts may be new or reconditioned and component brands may change from what is pictured or described
- Applicable Law and Not for Resale.
11.1 You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
- Governing Law.
12.1 This Agreement and any sales hereunder shall be governed by the laws of the state of Ohio, without regard to conflicts of laws principles.
- Export.
13.1 You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.
13.2 Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons.
13.3 You agree not to provide any written regulatory certifications or notifications on behalf of Bush Amplification Ltd.
- Miscellaneous Provisions.
14.1 You will not register or use any Internet domain name that contains a Bush Amplification Ltd trademark or trade name (i.e., Bush Amplification Ltd) in whole or in part or any other name that is confusingly similar thereto.
14.2 The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
14.3 If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
- Use Restrictions
15.1 Bush Amplification Ltd is a designer and builder of custom products. Bush Amplification Ltd retains all rights to the designs, layout and configurations of said products. All information provided by Bush Amplification Ltd to the customer about these products is owned by Bush Amplification Ltd, and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
15.2 Only with prior written permission from Bush Amplification Ltd may permission to copy, reproduce, distribute, republish, download, display, post or transmit any information be granted. By requesting a design quote by Bush Amplification Ltd, the client agrees to these terms and conditions.
15.3 If the customer breaches any of these terms or conditions the customer must immediately return or destroy any materials pertaining to the design and configuration of the controller. Any unauthorized use of any materials pertaining to the design and configuration of the product may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
15.4 This Agreement and any sales here-under shall be governed by the laws of the state of Ohio, without regard to conflicts of laws principles. Bush Amplification Ltd will not be held liable for any damages, mistakes, mishaps, or loss resulting from a design belonging to Bush Amplification Ltd.