TERMS AND CONDITIONS
These Terms and Conditions (“Terms and Conditions ,” and collectively with the Receipt, the “Agreement “) govern the purchase of the product(s) set forth on the Receipt (the “Product “) by the customer identified on the Receipt (“Customer”) from Wallace Detroit Guitars, LLC (“WDG “). No additional or alternative terms or conditions will govern such purchase unless in writing and signed by both Customer and WDG.
1. PAYMENT. Customer will pay the price set forth on the Receipt, plus all Shipping Costs and taxes or other governmental charges incurred in connection with the sale (collectively, the “Purchase Price “), in advance of shipment of the Product and WDG will have no obligation to ship the Product unless and until WDG has received the Purchase Price in full. Notwithstanding the foregoing, in the event that any amount of the Purchase Price is unknown at the time of shipment of the product, WDG will issue to Customer an invoice for such amount as soon as practicable and Customer will pay such amount within thirty (30) days of receipt of such invoice.
2. SHIPMENT; INSPECTION. Title to and risk of loss of the Product will transfer to Customer upon delivery of the Product to a common carrier for transport. Customer will be responsible for all shipping costs associated with delivery of the Product to Customer (“Shipping Costs “). Customer will inspect the Product promptly upon receipt for nonconformity (including but not limited to non-conformity for quantity, quality and/or defects). Failure by Customer to provide WDG with written notice nonconformity within ten (10) days from the date of delivery or, in the case of non-delivery, from the date fixed for delivery, will constitute a waiver by Customer of all claims with respect to the Product.
3. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES . No claim by Customer of any kind including, but not limited to, claims for indemnification, will be greater in amount than the purchase price for the products in respect of which damages are claimed. WDG warrants that the Product will be free from defects in materials and workmanship for a period of 180 days from the date of delivery to the Customer. WDG further warrants that the electronic components of the Product will be free from defect in materials and workmanship for one year from the date of delivery to the Customer. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY WDG IN CONNECTION WITH THE PRODUCT. WDG MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO CUSTOMER OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND WDG SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRODUCTS SOLD HEREUNDER ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY WDG IN WRITING. WDG’S SOLE OBLIGATION FOR A REMEDY TO CUSTOMER WILL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS. CUSTOMER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS.
4. Delay or Termination of Performance. WDG reserves the right to discontinue the manufacture, sale or delivery of the Product in the event that the manufacture, sale, delivery or use of the Product would, in WDG’s opinion, infringe upon any U.S. patent, trade mark or design now or hereinafter issued, registered, or existing and under which WDG is not licensed. If the manufacture or delivery of the Product is prevented, restricted or interfered with by reason of any event beyond the reasonable control of WDG, WDG will be excused from delivering the Product for so long as such prevention, restriction or interference continues. In the event that manufacture or delivery of the Product will not become possible in the future for any reason, including by reason of lack of necessary materials or destruction of the Product or in the event of infringement as set forth in the first sentence of this paragraph, WDG will refund to Customer any portion of the Purchase Price paid by Customer and this Agreement will terminate.
5. Miscellaneous . This Agreement will be construed, and the respective rights and duties of Customer and WDG will be determined, according to the laws of the State of Michigan, without giving effect to its principles of conflicts of laws. No waiver by WDG of any of the Terms and Conditions or any breach hereof will constitute or be deemed to be a waiver of any such term or any such breach in any other case. No waiver will be deemed to occur as a result of the failure to enforce any term or condition of these Terms and Conditions. If any clause or portion hereof will be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining clauses or portions will remain in full force and effect. This Agreement, including these Terms and Conditions and the Receipt, constitutes the entire agreement between the parties regarding the subject matter hereof and can only be modified or changed in writing and signed by authorized representatives of both parties.
6. Refunds & Warranty . Due to the age of the wood and the method of construction, the lacquer finish on Wallace Detroit Guitars is subject to accelerated aging, which may produce surface cracks in the lacquer. These changes do not affect the playability or tone of the instruments. All guitars come with a one-year warranty, and customers who wish to return instruments due to changes in the finish are welcome to do so at any time in the first year after purchase with a full money back guarantee.