OVERVIEW This website is operated by Radian Audio. Throughout the site, the terms “we”, “us” and “our” refer to Radian Audio. Radian Audio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Radian Audio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Radian Audio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@radianaudio.com
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 (3) years 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 usual 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 States or its territories.
Diaphragm Products Limited Warranty
Diaphragmisto 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. Specificationsaresubject to change. Test results will be notified to the dealer/user and determinations made upon that.
NotethatRadiandiaphragmsreceive100%performance verification prior to shipment- "itwas working whenyoutookitout ofthebox!"
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, custom duties, taxes 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.
Returns and Exchanges
Except as otherwise expressed upon in writing by Radian Audio’s authorized representative all request for return or exchange are subject to all warranty terms and conditions (Sections 1-3) here. Returns request are accepted within the first 10 days for all items within the United States of America unless otherwise noted in the listing. All request must be submitted in writing through Radian’s sales team online request form or an email request to sales@radianaudio.com. All return shipping cost/s are to the account of the buyer unless expressly authorized in writing by a Radian sales representative. When product/s are paid for and shipped, title transfers to the buyer at the point when the goods leave the shipper's loading shipping dock but reverts back to the seller if the buyer follows the correct procedures of notifying the seller of "breach" by "rightfully revoking acceptance." Even if "breach" has occurred, the buyer remains responsible for filing "carrier loss claims." We do not accept returns due to change of mind. We only accept returns if the item is within manufacturing defect, not working or otherwise has issues determined by industry accepted testing standards. All non-warranty Returns are subject to a 20% restocking fee and additional testing fees.Buyer is responsible for all return shipping charges to Radian warehouse facility. Accessories and spare parts are not subjected to any returns and refunds. ⦁ If a return for accessories or spare parts have been arranged by one of us, restocking fees will apply.
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 the 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.
