Warranties and Remedies
Seller warrants that, at the time of delivery, the new goods covered hereby are in accordance with their manufacturer’s specifications, but makes no warranty with respect to the fitness of such products for Buyer’s particular requirements. Seller agrees or Seller shall elect, to credit the account of Buyer or replace without charge to Buyer all goods which at the time of delivery are not in accordance with the manufacturer’s specifications, but only if Buyer returns the goods to the Seller’s place of business within 48 hours of the date of delivery, in accordance with paragraph 2, in the original package, with all manuals and in good condition without the serial number or any part thereof altered, defaced, or removed and accompanied by a specification in writing of the defects involved. Buyer shall notify Seller in each instance when Buyer intends to return goods which Buyer believes are not in accordance with their manufacturer’s specifications, and Seller shall be entitled to examine such goods at Buyer’s facilities prior to return. Final inspection and determination whether the goods are in accordance with their manufacturer’s specifications shall be made either at the Seller’s place of business or may be based upon the manufacturer’s actual test report. Seller’s sole liability shall be to credit the account of Buyer or to replace goods which are not in accordance with their manufacturer’s specification in accordance with the terms herein, and in no event shall seller be liable for damage of any kind. The foregoing remedy as provided herein shall be the sole and exclusive remedy of the Buyer. If returned product is deemed to meet manufacturer’s specifications, and is fully functional, the Buyer will either be: 1) subject to a 15% restocking fee and be charged shipping costs for the return, if original goods were in stock at Sonic Circus, or will be 2) re-sent the goods, which are not returnable if ordered from a manufacturer for a specific customer (see 2 above).
USED or VINTAGE goods are sold in a serviced “as is” condition. No warranty or guarantee is implied unless stated in writing as to their serviceability or fitness for any purpose whatsoever. Buyer must satisfy himself or herself as to any purpose they wish to use the equipment for, as to its condition, its quality and its description. All sales are final if equipment is not returned within 48 hours after delivery and shall not be invalidated due to any defect or fault in the merchandise or further due to any incorrect description by the seller or his agent.
Exclusion of warranties and remedies
Sonic Circus hereby disclaims any and all presentations and warranties whether expressed or implied, whether arising in fact or by operations of law as to the condition, design, operation, merchantability, quality of the material or workmanship, or fitness for use for the Buyer’s particular purpose or any other representation of warranty whatsoever, which does not appear on the face hereof and Sonic Circus specifically disclaims any and all implied warranties arising from course of performance, course of dealing or usage of trade. Sonic Circus shall in no event be liable for any damage or loss due to delay in deliveries, delay in service, or use or interruption of use of business, or loss of profits or any other consequential or incidental damages. Sonic Circus is not responsible for harm or property damage resulting from use of this product.