Term & Condition and Sales

CADENCE

Terms & Conditions of Sale

 

In an effort to maintain continuity, we have established the following company policies. These policies may be amended or modified periodically.

 

TERMS AND CONDITIONS

 

Prices: Prices are subject to change without notice. The price charged will be those in effect at the time the order is received by CADENCE.

 

Delivery: CADENCE will make every attempt to ship within a reasonable period from receipt of order. CADENCE shall not be held liable for loss or delays beyond its reasonable control, including but not limited to, delays or shortages in transportation or manufacturing. A 15% restocking fee, plus shipping costs will be assessed if any shipments are refused.

 

Cancellation: Orders may not be cancelled (in whole or part) without written consent by CADENCE. If applicable, a 15% restocking fee, plus shipping and handling costs will be assessed for orders cancelled after the product has been shipped.

 

Controlling Law: The validity and interpretation of these Terms and Conditions of Sale will be governed solely in accordance with the laws and state of California. Note: If any provision herein or portion thereof shall for any reason be held invalid or unenforceable, such invalidity and unenforceability shall not affect any other provision or portion thereof.

 

Products: Specifications are subject to change and actual product may vary and differ from image show

 

General Warranty

CADENCE warrants its products to be free from defects in material and workmanship for a period of One year from the date of shipment within North America.

 

If you believe any CADENCE product that you have purchased has a defect in material or workmanship or has failed during normal use within the warranty period, please contact CADENCE Service Email : service@cadenceacoustics.com or call +1 626-465-3383 for assistance.

 

Upon inspection by CADENCE, should product repair or replacement be deemed necessary under this warranty to manufacturing defects, CADENCE will, at its sole discretion, repair or replace the defective product with new or re-manufactured product at no charge. The Customer will be solely responsible for all shipping charges, freight, insurance, and proper packaging to prevent damage or breaking in transit. All shipments of repaired or replaced products by CADENCE will be FOB from CADENCE at 859 Lawson Street, City of Industry, CA. 91748

 

WARRANTY EXCLUSIONS

 

Technical Support should be pursued through channels offered by CADENCE Tech Support. CADENCE accepts no liability caused by aftermarket software or hardware modifications or additions. CADENCE is not responsible for giving any technical support concerning the installation or integration of its products the customer did not pay to install. CADENCE is not responsible for loss of time, even with product failure. Customers are responsible for making sure the installation of product is done correctly. CADENCE is not responsible for any loss of work (“down time”) caused by a product requiring service. This warranty is null and void if the defect or malfunction was due to damage resulting from operation not within manufacturer specifications. It will also be null and void if there are indications of misuse and/or abuse. CADENCE has the option of voiding the warranty if anyone other than an CADENCE technician attempts to service the product. CADENCE will not warrant any problems arising from an act of God (lighting, flooding, tornado, etc.), electrical spikes or surges, or problems arising out of hardware, software, or additional devices added to complement any system/component. Under no circumstances will CADENCE be responsible for any refund or remuneration exceeding the original purchase price of the product less any shipping fees. CADENCE will not be held responsible for typographical errors on sales receipts, repair tickets, or on our website. CADENCE makes every effort to make sure all information on our website is correct. This warranty is limited and does not cover claims for damage caused by misuse, abuse, neglect, alteration, or burnt/overheated voice coils, normal wear and tear, and is limited to material failures or defects arising during normal use.

 

RETURN MERCHANDISE AUTHORIZATION (RMA)

 

If repairs are required, the customer must obtain a RMA number and provide proof of purchase. RMA and services are rendered by CADENCE only. Any shipping costs after 30 days (starting from the original date of purchase) on any item returned for repair is the customers’ responsibility. All returned parts must have a RMA number written clearly on the outside of the package along with a letter detailing the problems and a copy of the original proof of purchase. No COD packages will be accepted. No package will be accepted without a RMA number written on the outside of the package. RMA numbers are only valid for 30 days from the date of issue.

 

Should you have any problems with your CADENCE product, please follow these procedures to obtain the service:

 

  1. If CADENCE product must be repaired, a RMA number (Return Merchandise Authorization Number) will be issued for shipment to our repair department. Please follow the instructions given by CADENCE technical support staff to ship your product. CADENCE will not accept any shipments without a RMA number.

 

  1. Pack the CADENCE product in its original box or a well-protected box, as outlined in the Return Shipping Instructions. CADENCE will not be responsible for shipping damage/loss of any product outside the original 30-day CADENCE-paid service period. Items returned physically or cosmetically damaged will be repaired and returned in the same cosmetic condition in which it was received. It is very important that you write the RMA number clearly on the outside of the package. Ship the computer with a copy of your bill of sale or other proof of purchase, your name, address, phone number, description of the problem(s), and the RMA number you have obtained to:

 

CADENCE Repair Department

 

RMA#____________859 Lawson St. City of Industry, CA 91748

 

  1. Upon receiving your product, CADENCE will repair or replace your product (at CADENCE’s discretion) and will ship it back to you within 2 weeks (dependent on parts availability) via UPS.

 

  1. Cross-exchange (Parts only): You will need to provide a valid credit card number as a deposit guarantee when the RMA number is issued. Once approval has been obtained on your credit card, the part(s) will be shipped UPS. You will need to ship defective part(s) back to CADENCE within 15 days to avoid charges to your credit card. If such charges are incurred, the shipped part(s) will be billed at the then current price.

 

  1. CADENCE will pay for shipping to and from the customer only within the first thirty days following the original product ship date. Following the 30-day period all shipping fees both for warrantable and post warranty repairs are the sole responsibility of the customer. The customer also assumes full liability for losses or damages resulting from shipping as well as all responsibility to pursue remuneration for such issues with their selected carrier.

 

Terms of Sale

 

Effective Date: June 2, 2017

 

The CADENCE website (this “Site”) is owned and operated by H&N Brothers Co., Ltd., a company based in California (“CADENCE” or “we” or “us”). By making a purchase on this Site, you accept and agree to be bound by all of terms and conditions set forth in these Terms of Sale. By using this Site, you also accept and agree to be bound by our Privacy Policy.

 

NOTICE TO CALIFORNIA RESIDENTS:

 

Pursuant to Section 17538 of the California Business and Professions Code, prior to accepting payment from a buyer located in California, we are required to disclose the following information to the buyer:

 

Our Legal Name: H&N Brothers Co., Ltd.

Our Business Address: 859 Lawson St., City of Industry, CA 91748.

Our return and refund policy is set forth in Section 6 below.

Also, as required by California law, within 30 days of accepting payment for a purchase order you place on our website, we will do one of the following: (1) shipping the order to you; (2) providing a full refund; (3) sending you a written notice of an expected delay and offering a full refund; or (4) offering you the choice between receiving a substitute product of equivalent or superior quality and receiving a full refund.

 

  1. PRODUCT INFORMATION

 

Product information (including specifications and price information) and images shown on this Site are for general informational purposes only, and are subject to change. While we strive to display product information and images on this Site as accurately as possible, errors may occur. Also, product color or finish you see on your computer or mobile device screen may differ from actual product color or finish. If you have questions about a product you see on this Site, please contact our Customer Service by phone at (626) 465-3383 or via email at service@cadenceacoustics.com during the hours of 9:00 AM and 5:00 PM (Pacific time), Monday through Friday (excluding public holidays).

 

  1. PRICE; SALESTAX; FREE SHIPPING;

 

2.1       The price charged for a product will be the price in effect at the time the order is placed and will be set out in the order confirmation email and on the purchase receipt included with the shipment. Prices displayed on this Site are subject to change without notice. Price increase will only apply to orders placed after such increase takes effect.

 

2.2       Depending on the shipping destination of your order, sales tax may apply to your order. By making a purchase on this Site, you agree to pay any sales tax applicable to your purchase. Applicable sale tax (if any) will be added to your order total at check-out and will be set out as a separate item in your shopping cart and on your purchase receipt.

 

2.3       All prices and applicable sales tax are in US Dollars, unless expressly otherwise stated.

 

2.4       If we discover an error in the price for a product you have ordered, we will inform you of the error as soon as possible and will give you the option of reconfirming your order at the correct amount or cancelling your order. If we are unable to reach you within a reasonable time period, we will treat your order as cancelled. If your order is canceled and your card has been charged for the purchase, your card will be credited or refunded.

 

2.5       At this time we only accept and ship online orders to destinations within the 48 contiguous states of the United States (not including Alaska and Hawaii), and all orders will be shipped via UPS Ground (Standard) at no charge to purchasers. No other form of shipping is offered at this time.

 

At this time we do not accept or ship online orders to the following destinations:

 

Alaska

Hawaii

Puerto Rico, or any of the other U.S. territories and possessions

international destinations

If you wish to place an order for shipping to any of the above excluded destinations, please contact us at (626) 465-3383 or email us at ORDERS@CADENCEACOUSTICS.COM

 

  1. ORDERING; PAYMENT

 

3.1       All orders submitted on this Site are subject to acceptance in our sole discretion. We reserve the right to refuse or cancel any order for any reason.

 

3.2       All orders are subject to product availability. We do not guarantee the availability of any product displayed on this Site. We reserve the right, without notice or liability to you, to change, discontinue or stop the offering of any product.

 

3.3       To place an order on this Site, simply add the desired product item(s) to your shopping cart and proceed to check out to complete and submit your order. You can complete and submit your order either as a guest or by creating an account on this Site. If your order is submitted successfully, you will receive a printable order confirmation detailing your order, and you will also receive an order confirmation via email. Please save yourorder confirmation, and you will need it if you wish to check your order status or cancel your order.

 

3.4       By placing an order, you represent and warrant that: (i) you are at least 18 years of age and a legal resident in the United States; (ii) all information you provide to us in connection with your order is true and accurate; (iii) you are the lawful cardholder or an authorized user of the credit/debit card used to place the order, and there are sufficient funds on your card to cover your order total (and you authorize our payment processing vendor to carry out a standard authorization check on your credit/debit cardto ensure that there are sufficient funds to fulfil the transaction); and (iv) you are purchasing our product for your own personal or professional use only, and not for resale.

 

3.5       In order to protect us and our customers against credit/debit card fraud and unauthorized purchases, we reserve the right, prior to processing an order, to verify the order and the payment card used to place the order with the card’s issuing bank and the cardholder on file with the issuing bank. We will cancel your order if our payment processing vendor is unable to charge your card, or if your card’s issuing bank declines the charge for any reason. Please ensure that your card’s issuing bank has all of your current information on file including any alternate or authorized shipping addresses. If your payment card is declined, it is entirely your responsibility to resolve any card issues with your card’s issuing bank.

 

3.6       If you have created an account with us, you can view your order status by logging into your account. If you do not have an account with us, you can check your orderstatus by contacting our Customer Service by phone at (626) 465-3383 or via email at ORDERS@CADENCEACOUSTICS.COM the hours of 9:00 AM and 5:00 PM (Pacific time), Monday through Friday (excluding public holidays). When contacting our Customer Service, you will need to provide your order number and other pertinent information in order for us to check your order status.

 

  1. ORDER MODIFICATION AND CANCELLATION

 

4.1       Prior to submitting your order, you can modify or cancel it at any time.

 

4.2       To cancel or modify an order that we have accepted and processedbut have not yet shipped, please contact our Customer Serviceby phone at (626) 465-3383 or via email at service@cadencesound.com during the hours of 9:00 AM and 5:00 PM (Pacific time), Monday through Friday (excluding public holidays).

 

4.3       An order that has been shipped cannot be cancelled or modified. In such case, if you no longer want the product, you should wait for the package to arrive and then return the package to us in accordance with our return and refund policy set forth in Section 6 below.

 

  1. SHIPPING & DELIVERY

 

5.1       We will use reasonable efforts to process and ship your order within 1-2 business days after our payment processing vendor confirms that charge to your payment card for the order total is successful (upon authorization by your card’s issuing bank).Please note that we only process and ship orders Monday through Friday (excluding public holidays), during the hours of 9:00 AM and 5:00 PM (Pacific time), and we do not operate on weekends or public holidays. Orders received on a weekend or a public holiday will not begin processing until the next business day.After your order has been shipped, we will email you a shipping confirmation, include the applicable tracking number (if provided by the carrier).

 

5.2       Once your order package is picked by your designated shipping carrier from our facility, it is in the care of the shipping carrier. You acknowledge and agree that we are not responsible for any shipping error, delay, damage or loss caused by the shipping carrier.

 

5.3       Upon receiving delivery, please open the package and handle the received item(s) with care. You acknowledge and agree that we are not responsible for any damage or loss caused by your mishandling of a received item.

 

5.4       If you refuse delivery for any reason (unless with our express written consent),we will refund you the purchase price (plus any sales tax) you actually paid for the refused item(s),but you acknowledge and agree that we may deduct a 15% restocking fee plus return shipping and handling charges from your refund.

 

  1. OUR RETURN AND REFUND POLICY

 

6.1       If you are not completely satisfied with a purchase made on this Site, you may return the purchased item to us within 30 days from the date of purchase (as indicated on the original purchase receipt included with the order shipment),subject to the following terms and conditions:

(i)         Except as expressly otherwise stated in these Terms of Sale or approved in writing by us, you must return an item in its original condition (unused, undamaged, and unaltered) and with a copy of the original purchase receipt, or your return will not be accepted.

 

(ii)        You must have a valid Return Merchandise Authorization Number (“RMA Number”), or your return will not be accepted. To obtain a RMA Number, please contact our Customer Service by phone at (626) 465-3383 or via email at service@cadenceacoustics.com during the hours of 9:00 AM and 5:00 PM (Pacific time), Monday through Friday (excluding public holidays).

 

(iii)       Please use the prepaid return shipping method specified by our Customer Service, or your return will not be accepted. We do not accept C.O.D. (Collect on Delivery or Cash on Delivery) packages.

 

(iv)       You must return an item to the address designated by our Customer Service, or your return will not be accepted.

 

6.2       If your return is received and accepted by us, we will refund you the purchase price(plus any sales tax)you actually paid for the returned item. Please allow up to 30 days from the date your return is accepted, for the refund to be posted to your payment card.

 

6.3       A product item is not returnable if more than 30 days have passed since the date of your purchase (as indicated on the original purchase receipt included with the order shipment), unless expressly otherwise stated in Section 7 below.

 

  1. ONE-YEAR LIMITED WARRANTY

 

CADENCE warrants its products sold on this Site against defects in material and workmanship under normal use, for a period of ONE (1) YEAR from the date of the original purchase (as indicated on the original purchase receipt included with the order shipment) (the “Warranty Period”), subject to the conditions, limitations and exclusions set forth below:

 

(i)         This Limited Warranty covers only the original purchaser of the product and is not transferrable to any other person (except with our express written consent).

 

(ii)        This Limited Warranty does not cover:

 

Damage caused by misuse, mishandling, lack of care, accident, abuse, or other abnormal use, or by improper assembly or installation of CADENCE products, or by operation of CADENCE products outside their permitted or intended uses, or by flood, fire, earthquake, or any other external cause that is not attributable to us or within our control;

damage caused by unauthorized repair or maintenance or any other service(including upgrades and expansions) performed by anyone who is not an CADENCE authorized service representative;

CADENCE products that have been modified or altered (including, without limitation, removal or defacing of product serial numbers) without our express written authorization;

normal wear and tear (including, without limitation, cosmetic issues such as color fading or scratches from normal wear and tear);

consumable parts, such as voice coil, cone, spider, gasket unless damage is caused by a defect in material or workmanship of such parts;

non-CADENCE products, or damage caused by use with non-CADENCE products; or

any other damage or loss not caused by a defect in material or workmanship of an CADENCE product.

(iii)       To make a claim under this Limited Warranty for a product you purchased from this Site, you must contact our Customer Service by phone at (626) 465-3383 or via email at service@cadenceacoustics.com the hours of 9:00 AM and 5:00 PM (Pacific time), Monday through Friday (excluding public holidays).

 

(iv)       If your claim under this Limited Warranty is received by us within the Warranty Period and is determined by us to be a valid claim, then your sole and exclusive remedy, and our sole and exclusive obligation liability under this Limited Warranty, is as follows:

 

At our option, we will either (1) repair or replace the defective product at no charge to you, or (2) refund you the purchase price (plus any sales tax) you actually paid for the defective product.

 

A repaired or replacement product is warranted for the remaining Warranty Period of the original product, or for 90 days from the date of repair or replacement, whichever provides longer coverage for you. Other than as expressly stated in the preceding sentence, repair or replacement does not extend or reset the original Warranty Period.

 

(v)        This Limited Warranty is the only express warranty that we provide to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, WHETHER ORAL OR WRITTEN, AND WHETHER EXPRESS, IMPLIED OR STATUTORY. EXCEPT FOR THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CADENCE HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF CADENCE CANNOT LAWFULLY DISCLAIM IMPLIED OR STATUTORY WARRANTIES, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT OR REFUND AS DETERMINED BY CADENCE IN ITS SOLE DISCRETION.

 

IN NO EVENT SHALL CADENCE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY CADENCE PRODUCT, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF ACTUAL OR ANTICIPATED REVENUES OR PROFITS, LOSS OF BUSINESS OR OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, AND LOSS OF DATA, EVEN IF CADENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of implied warranties or consequential or incidental damages, so the above exclusions and limitations may not apply to you. This Limited Warranty gives you specific legal rights and you may also have other rights which may vary from state to state. (vi)          No CADENCE employee, representative, agent, reseller, distributor, or service provider is authorized to make any modification, extension or addition to this Limited Warranty.

 

  1. DISCOUNTS AND PROMOTIONS

 

We may from time to time offer discounts/promo codes to customers for use toward their purchases on this Site. Unless expressly otherwise stated by CADENCE, use of such discounts or promo codes is subject to the following terms and conditions:

 

(i)         Discounts/promo codes are valid for a limited time only. We may modify or cancel them at any time.

 

(ii)        Discounts/promo codes apply only to qualifying items (as specified by us at the time of the applicable offer or promotion). Other restrictions may apply.

 

(iii)       Discounts/promo codes can be used only once, unless otherwise specified.

 

(iv)       Discounts/promo codes cannot be combined with other offers, unless otherwise specified.

 

(v)        Discounts/promo codes cannot be transferred and are NOT redeemable for cash or credit.

 

(vi)       Discounts/promo codes can only be used for purchases made on this Website, unless otherwise specified.

 

(vii)      Discounts/promo codes cannot be applied toward previous purchases.

 

(viii)     Discounts/promo codes do not apply to shipping and handling charges (if any)or applicable sale tax.

 

(ix)       If a discount/promo code has a minimum purchase requirement, shipping and handling charges (if any) and applicable sale tax do not count toward the minimum purchase amount.

 

(x)        The entire value of a discount/promo code must be used in one single transaction. Refunds will not be given for any leftover value.

 

(xi)       If you return an item purchased using a discount/promotion code, we will subtract the value of the discount/promotion code from your return credit or refund.

 

  1. MISCELLANEOUS

 

9.1       These Terms of Sale are governed by and shall be construed in accordance with the laws of the State of California (without giving effect to any choice of law or conflict of laws provision thereof). You and CADENCE agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase you make on this Site.

 

9.2       From time to time, we may update and modify these Terms of Sale to accommodate new technology, industry practices, regulatory requirements, or for other purposes. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed by you and us, all material changes will apply prospectively only. If you have an account on this Site, we may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this Site. By continuing to use this Site after such notice and/or consent, you accept and agree to be bound by these Terms of Sale as modified.

 

9.3       When you contact us through this Site or via email, you are communicating with us electronically, and you consent to receiving communications from us electronically. We will communicate with you by email, by posting notices on this Site, or through your account on this Site. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

9.4       If any provision of these Terms of Sale is deemed invalid, illegal or unenforceable by a court of competent jurisdiction, the invalidity, illegality or unenforceability of such provision shall not affect the remaining provisions of these Terms of Sale, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Sale shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.