ES GUITARS is NOT responsible for any errors or misunderstandings due to translation
In order to make our customers feel comfortable with their purchase, we offer customers a 30 day money back guarantee.
The money back guarantee policy is simple and easy but please read it to avoid any hassles.
ES Guitars warrants its neck and bodies to be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of purchase.
Activate your one year warranty, give us a call.
The obligation of this warranty shall be limited to repairing or replacing any part which we agree is defective in materials or workmanship under normal use and service during the one year period commencing with the date of purchase. ES Guitars may not be held responsible for any shipping costs. Under no circumstances will ES Guitars be held responsible for Customs, Duties, VAT or any other associated or similar collected taxes or fees. All returns must be accompanied by your receipt and return authorization number and must be shipped postage prepaid to ES Guitars.
LIMITED WARRANTY IS NOT A MONEY BACK GUARANTEE, Items will be replaced or repaired to due manufacturing defects.
You must register your guitar to validate the limited warranty.
Defects in materials and workmanship including but not limited warped bodies or necks; glue joint separations; delaminating; loose inlays; loose bindings; & defective hardware installation.
This one year warranty is in lieu of all other express warranties, obligations or liabilities. ANY IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SHALL BE LIMITED IN DURATION TO ONE YEAR DURATION OF THIS WRITTEN LIMITED WARRANTY. ANY ACTION FOR BREACH OF ANY WARRANTY OF MERCHANTABILITY MUST BE BROUGHT WITHIN A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. No agent, representative, dealer or employee of the Company has the authority to increase or alter the obligations of this warranty.
THIS WARRANTY IS EXTENDED TO THE ORIGINAL RETAIL PURCHASER ONLY AND MAY NOT BE TRANSFERRED OR ASSIGNED TO SUBSEQUENT OWNERS.
In no case shall ES Guitars SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES SUFFERED BY THE PURCHASER OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION. DAMAGES FOR LOSS OF PROFITS OR BUSINESS OR DAMAGES RESULTING FROM USE OR PERFORMANCE OF THE INSTRUMENT, WHETHER IN CONTRACT OR IN TORT, EVEN IF ES GUITARS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ES GUITARS SHALL NOT BE LIABLE FOR ANY EXPENSES, CLAIMS, OR SUITS ARISING OUT OF OR RELATING TO ANY OF THE FOREGOING.
Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
STANDARD TERMS & CONDITIONS OF SALE
1. PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS THE SOLE TERMS AND CONDITIONS OF SALE THAT APPLY TO THE PURCHASE OF PRODUCTS FROM ES GUITARS ("THE COMPANY"). ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN CUSTOMER'S PURCHASE ORDER OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON THE COMPANY UNLESS A SEPARATE AGREEMENT HAS BEEN SIGNED BY AN AUTHORIZED OFFICER OF THE COMPANY. BY PLACING AN ORDER FOR PRODUCTS FROM THE COMPANY, OR BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR INVOICE RECEIVED WITH THE PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS OF SALE.
2. AVAILABILITY AND PRICING: Product listings, specifications, availability, and pricing are subject to change without notice. Orders are not binding upon the Company until accepted by an authorized representative of the Company. Prices listed and charges discussed herein are in U.S. dollars. Some products may not be available for shipment outside the United States. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. The Company may also change or modify these Terms and Conditions of Sale from time to time without notice. Prices charged will be those prevailing when an order is placed regardless of method of order. Prices shown do not include any Federal, State or local taxes or any present or future sales, use, excise, value-added or similar taxes. Where applicable, such taxes shall be billed as a separate item and paid by Customer. Orders are accepted with the understanding that such taxes will be added, as required by law. The Company charges local sales tax unless Customer has a valid sales tax exemption certificate on file with the Company.
3. PAYMENT TERMS: All payments must be made in the billed currency on the invoice. Standard terms for a registered businesses and meet the Company's credit criteria are Net 30 days from invoice date, unless otherwise agreed in writing by the Company. All payments are due within 30 days of the invoice date, without any deductions or setoffs. The Company shall have the right of set-off and deduction for any sums owed. If Customer fails to pay within payment terms, the Company may defer shipments until such payment is made and may, at its option, cancel all or any part of unshipped orders. The Company reserves the right to add a $25.00 service charge on all returned checks. Credits granted by the Company must be used within one year. Credits not taken within one year are subject to cancellation, and the Company shall have no further liability. Customer shall pay the Company all costs incurred by it in collecting any past due amount from Customer, including all court costs and attorney's fees, provided, however, if the foregoing charges exceed that rate which may be lawfully charged under applicable law, then such charges shall be calculated so as not to exceed the lawful rate.
4. CREDIT CARDS: We accept credit from American Express®‚ MasterCard®, VISA®, and Discover® cards. All credit cards are accepted via Paypal. International orders may be subject to further charges related to currency exchange. Credit card billing must verified for all new customers prior to shipment of order. Customers can wire funds to our bank. After your order is placed we will e-mail a Proforma invoice which includes our bank information, the merchandise total, shipping charges and a $25(USD) wire transfer/EFT fee. We will reserve stock for 72 hours on orders awaiting funds. Orders will be cancelled after 20 business days if funds have not been received.
5. RETURNS: Permission for return of products must first be secured from the Company in writing. Products returned without a Return Material Authorization Form will not be accepted. All Return Material Authorizations are conditional and are not final until the product is received and inspected by the Company. Credit will be issued at the original price charged less handling and transportation charges, where applicable. Returns may be subject to a minimum 15% restocking charge. All claims for shortages must be made within 30 DAYS of shipped product. CUSTOM WORK IS NOT REFUNDABLE.
6. REPAIRS: REFER TO THE WARRANTY & LIMITATION OF LIABILITY SECTION. If you require warranty service you may contact the Company. The owner will be responsible for getting the instrument to the Company. If the instrument is shipped, freight and insurance must be prepaid. All returns to the Company must have a return authorization- any shipments that do not have authorization will he refused. The Company disclaims liability for defects or damages caused by service performed by unauthorized persons and all non-warranty service not performed by the Company. If non-warranty work is recommended, a quotation will be issued and must be approved by the owner before such work is done. Subsequent to inspecting an instrument upon arrival, the Company will advise you of the approximate date of completion The repaired instrument or part will be returned to the owner or dealer, freight collect and insured. No representative or other person is authorized to assume any liability for repairs.
6. INTERNATIONAL ORDERS: Export orders requiring special handling, packaging, and documentation are subject to additional charges. Export orders are accepted on the basis of payment in advance of shipment by a check in U.S. funds, wire transfer, international money order or credit card. Prices are FCA Company Warehouse in accordance with Incoterms 2000 and do not include insurance, freight, brokerage, duty or taxes.
7. EXPORT CONTROLS: Products purchased or received under these Terms and Conditions of Sale 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. Customer shall be responsible to obtain any license to export, re-export or import as may be required.
8. SHIPPING & HANDLING/DELIVERY: All U.S. domestic shipments are FCA Shipping Point in accordance with Incoterms 2000 and in all cases title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Customer (without regard to which party pays for the shipping costs). Company and carrier handling charges apply. Next Day and Second Day Air Service is available within the 48 contiguous states, Alaska, Hawaii, and Puerto Rico. Delivery dates provided in advance are estimates only and shall not represent fixed or guaranteed delivery dates. Export shipments are on the basis of FCA Company Warehouse in accordance with Incoterms 2000, with the Company charging separately for the costs, insurance, and freight to bring the products to the named place of destination.
9. HAZARDOUS APPLICATIONS PROHIBITED: THE COMPANY'S PRODUCTS ARE NOT RECOMMENDED OR AUTHORIZED THAT CAN CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. Customer assumes all risk and liability for use in such applications and agrees to indemnify the Company for all damages that may be incurred due to use of the Company's products in these prohibited applications.
10. WARRANTY & LIMITATION OF LIABILITY: The Company warrants its neck and bodies to be free from defects in materials and workmanship under normal use and service for a period of one year from the date of purchase of the original owner. The obligation of this warranty shall be limited to repairing or replacing any part, which we agree is defective in materials or workmanship under normal use and service during the one (1) year period commencing the date of purchase. This warranty covers the cost of both labor and materials on any repair deemed necessary by the Company for the period of one (1) year of the original purchaser. In the unlikely event that your instrument is destroyed, lost or damaged beyond repair, while in the possession of the Company for repair. The Company will replace that instrument with one of the same or most similar style of a value not in excess of the original purchase price of your instrument. Any insurance covering the instrument, including but not limited to collector's value insurance, must be carried by owner at owner's expense. ALL FREIGHT, INSURANCE, APPLICABLE TAXES FOR REPAIRS OR REPLACMENTS SHALL BE PAID BY THE CUSTOMER.
COVERED REPAIRS:
Defects in materials and workmanship including but not limited to:
Warped bodies or necks; glue joint separations; delaminating; loose inlays; loose bindings; & defective hardware installation.
NOT COVERED:
Normal wear and tear (i.e., worn frets, worn machine heads, worn plating, string replacement, scratched pickguards, or damages to or discoloration of the instrument finish for any reason), Shipping damages of any kind, accidental or deliberate damage, damage resulting from climatic changes, abuse, the subjective issue of tonal characteristics, unauthorized repair or customization, any instrument that has been purchased from an unauthorized dealer, or upon which unauthorized repair or service has been performed, any factory installed electronics after the period of one year, the playability of the instrument whos "action" is lower than the standard "action" defined by our specs.
THE COMPANY MAKES NO OTHER EXPRESS WARRANTY OF ANY KIND WHATSOEVER. ALL IMPLIED, WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEEDING THE SPECIFIC PROVISIONS OF THIS WARRANTY ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS WARRANTY. SOME STATES AND/OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THAT THE ABOVE MAY NOT APPLY TO YOU.
Products are sold by the Company with such warranties as may be extended by the manufacturer of the product(s), and there are no warranties for value added services, services bundled with the products, or other services provided by the Company. COPIES OF THE MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO OTHER WARRANTIES AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
THE COMPANY'S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND FOR PROPERTY DAMAGE AND DEATH) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, BUSINESS, GOODWILL OR USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT. THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action against the Company must be instituted within 1 year from the date of purchase or provision of the products or services.
11. STATEMENT AND ADVICE:If the Company provides Customer with advice, or other assistance which concern any products supplied hereunder, the Company's giving of such advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. In order to maintain quality Customer service, the Company may monitor or record telephone calls and other communications.
12. DESCRIPTIONS: All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation (together "Descriptions") wherever they appear (including, without limitation, in catalogs, on web sites, on dispatch notes, invoices or packaging) are intended to give a general idea of the products, but will not form part of this Agreement. If the Descriptions of any products differ from the manufacturers' description, the latter shall be deemed to be correct. The Company relies on such information, if any, as may have been provided to it by the manufacturers of the products and accepts no liability in contract or tort, or under statute, regulation or otherwise for any error in or omission from such Descriptions whether caused by the Company ' s negligence or otherwise. The Company may make changes to the products as part of a program of improvement or to comply with legislation.
13. INTELLECTUAL PROPERTY RIGHTS: The products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. The Company's entire catalog(s) and website(s), including without limitation, the content of the catalog(s) and website(s) is copyrighted as a collective work under United States laws and applicable international copyright laws and the Company owns the full copyright in its catalog(s) and website(s), including without limitation in the selection, coordination, arrangement and enhancement of the content contained therein. Except as stated below, none of the materials in the Company's catalog(s) or on its website(s) may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of the Company. Customer may download, store, print and copy selected portions of the content in the Company's catalog(s) and website(s) provided Customer: (1) only uses the content downloaded, stored, or printed for furthering Customer's business with the Company; (2) does not publish or post any part of the content from the catalog(s) or website(s) in any other catalog or on any other Internet site; (3) does not publish or broadcast any part of the content from the catalog(s) or website(s) in or on any other media; and (4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.
14. FARS/DFARS: The Company agrees only to be subject the “ mandatory flow down” provisions found in FAR Section 52.244-6. The Company does not agree to be subject to any DFAR.
15. FORCE MAJEURE: The Company shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of the Company in its business operations.
16. GOVERNING LAW: This Agreement and any sales hereunder shall be governed by the laws of the State of Connecticut without regard to conflicts of law rules and venue shall be in the federal and state courts of Queens County, State of New YorkConnecticut, United States of America. The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales of Goods, if otherwise applicable.
17. DISPUTE RESOLUTION: Actions by the Company for non-payment by the Customer of the purchase price of products sold by the Company, or for redress of other breaches by the Customer of these Terms and Conditions of Sale may be brought by the Company, at its option, before any U.S. or foreign judicial court of competent jurisdiction or at the Company's option, disputes between the Company and the Customer, including all claims for non-performance by the Company, shall be finally settled by arbitration in Queens, New York, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Commercial Rules applying these Terms and Conditions of Sale and consistent provisions of the federal and state laws (except conflict of law rules) of the State of New York, U.S.A.
18. SEVERABILITY: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision(s) 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.
19. WAIVER: The Company's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of the Company's rights hereunder, shall not constitute a waiver of any of the Company's rights or remedies under this Agreement.
20. NO THIRD PARTY BENEFIT: The provisions set forth in these Terms and Conditions of Sale are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
Updated 5/09