Terms of service
The following are the terms and conditions for the sale of products by Ten-Four Accessories+ customers. These Terms and Conditions shall apply to the exclusion of all other terms referred to in any purchase order, acknowledgment, confirmation, or any other documentation issued by either party unless agreed in writing and signed by an authorized officer of Ten-Four. Ten-Four reserves the right to amend these Terms and Conditions at any time.
1. PRICES. Orders are billed at the prices (in US dollars) in effect at the time of shipment. The online store reflects the latest pricing information available at the time of printing, which is subject to change without notice. Prices for any rescheduled deliveries may be increased by Ten-Four in the event of an increase in Ten-Four’s prices or costs or causes beyond Ten-Four’s reasonable control. Prices, specifications, and images are subject to change without notice. Ten-Four is not responsible for typographical errors. Manufacturer rebates, terms, conditions, and expiration dates are subject to manufacturers' printed forms. All products are based on the availability of the manufacturer.
Prices do not include federal, state, and local sale, use, and similar taxes that may be collected at the time of sale where applicable unless an original signed tax exemption certificate is received by Ten-Four Accessories+
2. TERMS OF PAYMENT. If Ten-Four has not approved credit terms to the Customer, payment will be due before completing the shipping process. Standard credit terms for approved customers are NET 15 days. Customers may be considered for COD terms under special circumstances.
3. LIMITED WARRANTY. Ten-Four warrants to Customer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such Products and that any value-added work performed by Ten-Four on such Products will conform to applicable Customer’s specifications relating to such work. If Ten-Four breaches this warranty, Customer’s remedy is limited to (at Ten-Four’s election) (1) refund of Customer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Ten-Four, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.
Ten-Four Accessories+ will transfer to the Customer all transferable warranties which Ten-Four receives from the manufacturer of the Products. Details of these warranties can be made available to the Customer on request.
4. LIMITATION OF LIABILITIES. CUSTOMER SHALL NOT BE ENTITLED TO, AND TEN-FOUR SHALL NOT BE LIABLE FOR, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. CUSTOMER’S RECOVERY FROM TEN-FOUR FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
5. PUBLISHED INFORMATION. Ten-Four makes every effort to ensure the accuracy of the information published in its catalogs. However, Ten-Four makes no representations about the information presented, which is provided “as-is” without warranty of any kind. Product specifications and availability are subject to change without prior notice.
6. LIMITATIONS OF USE. The customer agrees that using or selling Products for use in such applications is done at its own risk, and agrees that Ten-Four and the manufacturer of the Products are not liable for any claim or damage arising from such use. Customer agrees to fully indemnify, defend and hold harmless Ten-Four and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense, or liability arising out of or in connection with the use or performance of Products in such applications. Use of the software will be subject to the terms of any accompanying end user license.
7. STATEMENTS AND ADVICE. If statements or advice (technical or otherwise, and whether or not provided by Ten-Four’s technical support group) are offered or given to the Customer, such statements or advice will be deemed to be given as an accommodation to the Customer and without charge and Wilcox Sound will have no responsibilities or liabilities for the content of use of such statements or advice.
8. EXPORT CONTROLS. Products purchased are subject to export control laws, restrictions, regulations, and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions, and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals, or Debarred Persons List and is not otherwise prohibited by law from purchasing the Products or services hereunder. The customer shall be responsible for obtaining any required license to export, re-export or import.
9. GENERAL. The Terms and Conditions may not be modified or canceled without Ten-Four’s written agreement. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction.
10. PAYMENTS. We accept Visa, MasterCard, American Express, and Discover. Payment for purchases may also be made with a personal check, money order, or bank wire. Making a payment using these mentioned non-credit forms, may extend the delivery period for the merchandise pending the approval period. Regulations require that the billing address of the order match the billing address associated with your credit card. All consignment items must be prepaid.
11. INTERNATIONAL ORDERS. All accepted forms of payment mentioned above may be used for international orders with prior approval. Bank wire may be required based on security risk and circumstances. To pay using wire transfer, please contact us with your list of items, billing name, billing address, and phone number and request banking details for wire transfer.