Terms of Purchase
Effective Date: April 12, 2013
The following terms and conditions of purchase apply to all orders from Etymotic Research, Inc. ("Etymotic"). If any of these terms and conditions are not acceptable, please contact Etymotic before placing an order.
Acceptance Of Orders:
ORDERS ARE NOT BINDING ON ETYMOTIC UNLESS ACCEPTED BY ETYMOTIC. ANY ADDITIONAL OR INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE.
Once orders are placed and accepted by Etymotic, they may be cancelled in limited circumstances. Contact your Etymotic representative for additional information.
Product availability may be limited. Products may not be available for immediate delivery. Etymotic reserves the right, without liability or prior notice, to revise or cease to make available any or all products.
Pricing & Specifications:
All prices are in U.S. currency. The prices do not include freight, applicable federal, state, and local taxes, charges and duties, or special crating requirements for export shipment. Buyer is responsible for all such costs, taxes, charges, and duties.
Prices, colors, and specifications are subject to change without notice. Etymotic reserves the right to adjust and communicate pricing should an error be found in published material.
Sales tax will be collected when required by applicable state law. Sales tax will be added on the total merchandise plus shipping and related charges as required.
All items are shipped FOB the point(s) of origin indicated. Unless otherwise agreed by Etymotic, products will be shipped via carriers of our choice with shipping, handling, insurance, and packaging charges prepaid by Etymotic and added to the invoice.
You are responsible for any extra charges for services you may request, i.e., special routing, inside delivery, or pre-delivery notification.
See our complete Shipping Charges for more information. Expedited delivery is available upon request.
Risk of Loss; Title:
Title to products and risk of loss passes from Etymotic to you upon delivery to the carrier.
You should thoroughly inspect all items for shipping damage before accepting delivery. If damage has occurred, note the extent of the damage on the freight bill and call Etymotic immediately. Although our responsibility for loss and damage ceases when the products are accepted for shipment by the carrier, we will, when notified, file a damage claim for goods shipped via a carrier that was chosen by us, issue credit for the damaged goods and ship an immediate replacement.
If requested by Etymotic, you must return any damaged products to Etymotic pursuant to any return authorization instructions you receive from Etymotic.
Products purchased for delivery outside of the United States may be subject to import duties and taxes which are levied once the package reaches your country. Additional customs fees are not included in the shipping charges. Etymotic does not have control over these charges and cannot estimate what they may be.
Customs policies vary from country to country. Contact your local customs office for further information. When ordering from www.etymotic.com, the customer is considered the importer of record and is responsible for customs fees and must comply with all laws and regulations of the country in which you are receiving the goods.
If you are dissatisfied with your purchase, a refund will be issued for products purchased directly from Etymotic within 30-days of a return requested in accordance with the return policy.
Additional information is available on our 30-Day Return Policy page.
Limited and Exclusive Warranty:
Etymotic warrants all authentic Etymotic products against defects in material or workmanship for a period of either one or two years, depending on the product, from the date of original purchase from an authorized Etymotic distributor or reseller. Etymotic will replace the defective product at its option if returned within the warranty period to our service facility in Elk Grove Village, IL after Etymotic has confirmed that the product is covered by Etymotic's warranty policy. Due to the design and manufacture of most Etymotic consumer products, a repair option is not available. This warranty does not cover damage caused by incorrect use, accidental damage, and damage during shipment or lack of proper maintenance. See our Warranty Policy page for additional information.
This warranty is in lieu of all other warranties, expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or any warranty arising from a course of dealing or usage in trade, which are disclaimed in their entirety. The remedy of replacement shall be the exclusive and sole remedy for any breach of warranty.
Some states may not allow limitations on implied warranties so these limitations might not apply to you.
All returns must be shipped prepaid, in resalable condition, and are subject to inspection for damage or misuse prior to replacement, unless otherwise authorized by Etymotic. For return authorizations for products in warranty, and additional details on return authorizations, please visit our Warranty Return Process page.
Products not returned within 45 days of receipt may be subject to restocking charges.
For returns of international purchases, please note that customs policies vary widely from country to country. For more information about customs fees, please contact your local customs office for further information before you proceed with a Return Authorization.
Exclusive Remedies and Limitation on Liability:
Etymotic's liability and Buyer's exclusive remedies under Etymotic's warranty shall be limited solely to replacement with respect to products returned to Etymotic pursuant to our return authorization instructions.
Etymotic shall in no event be responsible or liable for modifications, alterations, misuse, misapplication, installations, repairs or other uses of the products by you or any third party. Etymotic shall not be liable, under any circumstances, for loss of profits, loss of revenues, loss of business, cost of capital, cost of substitute or replacement product, down time, labor costs or any indirect, special, consequential or incidental damages, arising in connection with the use of or inability to use products purchased from Etymotic, whether based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory.
In no event, shall Etymotic's liability for damages of any kind exceed the total paid for product giving rise to such liability, even if such should fail of its essential purpose.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
If you have any other questions or concerns regarding these Terms or our products, please contact us at: firstname.lastname@example.org or 61 Martin Lane, Elk Grove Village, IL 60007 USA; (847) 228-0006, or toll free at 1-888-389-6684.