1. APPLICATION OF TERMS AND CONDITIONS OF SALE
The following terms and conditions shall govern the sale by the entity (E-MU Systems, Inc. "E-MU / ENSONIQ" or "Seller") named on the invoice that will be
provided to Customer for orders for digital audio systems, musical instruments and/or related products sold by E-MU / ENSONIQ, unless Customer has signed
a separate formal purchase agreement with E-MU / ENSONIQ.
By ordering products on the online store of E-MU / ENSONIQ or by accepting delivery of the products described on the invoice, Customer agrees to be bound by
and accepts these terms and conditions. E-MU / ENSONIQ reserves the right to change these terms and conditions without prior written notice at any time, at
the sole discretion of E-MU / ENSONIQ.
2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s) with the sole exception of Seller's Invoice
terms and conditions. Any other attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by
E-MU / ENSONIQ.
3. PAYMENT TERMS
Terms of payment shall be determined at the discretion of E-MU / ENSONIQ and otherwise agreed to by E-MU / ENSONIQ. Payment must be received by
E-MU / ENSONIQ prior to E-MU / ENSONIQ's acceptance of Customer's order. Payment shall be made by credit card, unless a different method of payment is
previously agreed to by an authorized representative of E-MU / ENSONIQ.
Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and E-MU / ENSONIQ shall
not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
All prices do not include charges for shipping and handling, and taxes. Separate charges for shipping and handling will be shown on the invoice.
E-MU / ENSONIQ is obligated to withhold sales tax for delivery within California. Unless Customer provides E-MU / ENSONIQ with a valid and correct tax
exemption certificate applicable to the product ship-to location prior to E-MU / ENSONIQ's acceptance of the order, the Customer is responsible for sales
and all other taxes associated with the order.
5. LIMITED WARRANTY
A limited warranty statement will be included with each product shipped to Customer. Seller reserves the right to modify its warranty statement at any
time, in its sole discretion. E-MU / ENSONIQ will be obligated to honor any such warranty only upon E-MU / ENSONIQ's receipt of payment in full for the
product to be warranted.
6. PRODUCTS AVAILABILITY
Product availability may be limited. Products may not be available for immediate delivery. E-MU / ENSONIQ reserves the right, without liability or prior
notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, E-MU / ENSONIQ may ship
products that have the functionality and specifications of the products ordered but there will be differences in the specifications between what was
shipped and what was ordered.
7. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, E-MU / ENSONIQ's SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE
PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL E-MU / ENSONIQ BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY
BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF E-MU / ENSONIQ HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
E-MU / ENSONIQ SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR
INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE,
WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF E-MU / ENSONIQ
8. GOVERNING LAW AND JURISDICTION
The sale of products shall be governed by the laws of the State of California excluding the conflict or choice of law provisions. Venue and jurisdiction for
all disputes will lie in exclusively Santa Clara County, California.
9. EXPORT CONTROL
Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the United States of America.
10. HEADINGS
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such
headings shall be ignored in the interpretation or construction of any of these terms and conditions.
11. RETURN POLICIES
Customer may return the product only in accordance with E-MU / ENSONIQ's return policy in effect on the date of purchase and as provided on this site as
the terms and conditions of the E-MU / ENSONIQ 15 Day Money Back Guarantee. All returns require a Return Merchandise Authorization (RMA) number which can
be obtained by calling Customer Service at 831.438.1921, extension 1164.
12. PRODUCTS
E-MU / ENSONIQ's policy is one of on-going product update and revision. E-MU / ENSONIQ may revise and discontinue products at any time. E-MU / ENSONIQ will
ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a
specification sheet or catalog are possible.
13. SERVICE AND SUPPORT
E-MU / ENSONIQ endeavors to provide the best customer and technical support. For end-user Customers, E-MU / ENSONIQ promises that its support people will
attempt to handle over the telephone and email any problem involving E-MU / ENSONIQ products.
14. NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of E-MU / ENSONIQ
15. INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest
extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
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