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Limited Warranty (Excludes Beryllium Products); Limitation of Liability; Exclusive Remedy
Radian Audio Engineering, Inc. warrants its products to be free from defects in materials and workmanship under conditions of normal use for a period of (1) year from the date of purchase. This warranty applies only to products sold and delivered within the United States by Radian or its authorized dealers. The obligation under this warranty shall be limited to the replacement or repair of any such defective device within the warranty period. All warranty products will be repaired or replaced at the sole discretion of Radian Audio Engineering, Inc. The limited warranty does not cover products that have been misused, neglected or damaged due to improper use or installation, including overheated voice coils or dented diaphragms, damage occurring during shipment, damage resulting from the performance of repairs by someone not authorized by Radian Audio, claims based upon any misrepresentations by the seller or any Radian Audio product on which the serial number has been defaced, modified or removed. The warranty does not apply to external finish or appearance or any product which has been repaired by a facility not approved by Radian Audio Engineering, Inc. All products “out of warranty” are subject to a repair charge which includes parts and labor. Radian’s limited warranty shall not apply to products manufactured for export and sale outside the United States or its territories. “All Goods shall be subject to tolerance and variations set forth in Radian’s Manufacturing Standard Tolerances, Radian’s other published tolerances or, if none apply, then to tolerance and variations consistent with professional standard trade practices, regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with testing and inspection methods. Returned Goods will not be accepted unless Radian is notified in writing and authorizes the return prior to shipment. Buyer shall inspect the Goods immediately after delivery. Buyer’s exclusive remedy and Seller’s sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods shown to be other than as warranted or, at Seller’s option, repair or replacement of the Goods shown to be other than as warranted. Seller shall not be liable beyond the exclusive remedies set forth hereunder, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes. To the extent permitted by law, Seller shall not be liable for, and Buyer assumes all liability for, all personal injury and property damage connected with the handling, transportation, or further manufacture, fabrication, assembly, or processing of the Goods.”
Beryllium Products Warranty:
Radian Audio Engineering, Inc. warrants its products to be free from defects in materials and workmanship under conditions of normal use for a period of (1) month from the date of purchase. This warranty applies only to products sold and delivered within the United States by Radian or its authorized dealers. The limited warranty does not cover products that have been misused, neglected or damaged due to improper use of installation, including overheated voice coils or dented diaphragms. Radian’s limited warranty shall not apply to products manufactured for export and sale outside of the United Sates or its territories.
Diaphragm Products Limited Warranty
Diaphragm is to be used within the recommended frequency range. Minimum operating frequency is recommended at 800 Hz with a minimum of 18 dB per octave slopes. Improper use may result in damage to the diaphragm and is not covered under warranty. Any warranty claims are at the discretion of Radian Audio. Specifications are subject to change. Test results will be notified to the dealer/user and determinations made upon that.
Note that Radian diaphragms receive 100% performance verif ication prior to shipment - "it was working when you took it out of the box!"
RADIAN’S EXPORT DISTRIBUTORS/BUYERS SERVICE ALL WARRANTY CLAIMS & ISSUES WITHIN ITS RESPECTIVE COUNTRY. PUBLISHED PRICES
The information, products, services and prices displayed are subject to change without notice. Radian Audio Engineering, Inc. reserves the right to cancel or refuse any service / repair order. Radian Audio Engineering, Inc. reserves the right to cancel or refuse to accept any order placed for any reason. Radian Audio Engineering, Inc. Outside of the United States all warranty claims and repairs must be brought to its respective country’s authorized repair center. Radian Audio assumes no liability or responsibility for any typographical or other errors or omissions in the content of this price list or on our website. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical or other error, Radian Audio Engineering, Inc. shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
WARRANTY DISCLAIMERS
Except as expressly stated in this warranty terms and conditions, the seller expressly disclaims and negates any implied or express warranty of merchantability, any implied or express warranty of fitness for a particular purpose, and any implied or express warranty of conformity to models or samples of materials.
Failure of the seller to insist on strict compliance with any of the terms, covenants, and conditions of this warranty, terms and conditions shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.
Shipping; Delivery; Risk of Loss
Except as otherwise expressly agreed upon in writing between the parties: delivery of the Goods shall be Ex-Works (Incoterms 2010) shipping point, and title and risk of loss shall pass to Buyer upon Seller’s delivery of the Goods out of FOB point. Every commercially reasonable effort will be made to deliver the Goods in accordance with the shipping dates appearing on the sales acknowledgment. Delivery is based on the receipt by Seller of a purchase order or other communication containing the purchase order number. Seller will not be liable for damages in any event due to delays in delivery. All transportation and insurance charges relating to shipment shall be paid by Buyer, unless otherwise previously agreed to between the parties. Subject to Section 6 hereof, if Buyer refuses to accept delivery of the Goods, then Buyer shall be responsible for all transportation, insurance and storage charges relating to the shipment. If Seller has reason to doubt Buyer’s financial responsibility, Seller may decline to make further deliveries, except for cash or satisfactory security. Seller reserves the right of stoppage in transit.
Force Majeure.
Seller shall not be subject to any liability or damages for delay in performance or non-performance as a result of fire, flood, ice, natural catastrophe, strike, lockout, labor shortage, labor dispute or trouble, accident, riot, act of governmental authority, act of God, act of terrorism, or other contingencies and circumstances beyond its control interfering with the production, supply, transportation, or consumption of the Goods or with the supply of any raw materials used in connection therewith, or the inability of the Seller to purchase raw materials at a commercially reasonable price, or if performance would be contrary to, or constitute a violation of, any regulation, law, or requirement of a recognized government authority, and quantities so affected may be eliminated by Seller from the Agreement without liability or damages to Seller, but the Agreement shall otherwise remain unaffected. Seller may, during any period of shortage due to any cause, prorate and allocate its supply of such materials among itself for its own consumption, its subsidiaries, affiliated companies, its accepted orders, contract customers, and its regular customers not then under contract in such a manner as may be deemed fair and reasonable by Seller. In no event shall Seller be obligated to purchase any substitute Goods in the marketplace to satisfy its obligations hereunder. Buyer’s failure to pay for the Goods shall not constitute a force majeure event hereunder.
Taxes
Buyer shall reimburse Seller for all taxes or other charges, except income and franchise taxes, which Seller may be required to pay to any government, whether foreign, national, state or local, upon the sale, production or transportation of the Goods, now in effect, or which may be imposed or increased subsequent to the effective date of this Agreement.
Safety Information.
Buyer acknowledges that Seller has furnished to Buyer product information which includes warnings and safety and health information concerning the Goods. Buyer represents and agrees that it will disseminate such information so as to give warning of possible hazards to persons whom Buyer can reasonably foresee may receive exposure to such hazards, including, but not limited to Buyer’s employees, agents, contractors and customers.