These terms and conditions outline the rules and regulations for purchases made from Signal Hound’s website.
Signal Hound is located at:
1502 SE Commerce Ave.
Suite 101
Battle Ground, WA 98604
United States
By issuing payment for items from Signal Hound’s website, we assume you accept these terms and conditions in full.
1. Acceptance
Buyer’s written acknowledgment of Invoice, written acceptance of Invoice, or sending of payment to Signal Hound shall constitute acceptance of these Terms and Conditions, as well as acceptance of the Invoice. Signal Hound hereby reserves the right to reject or deny any order or any part of an order at anytime prior to shipment at its sole discretion. Signal Hound will be held harmless for any damages to Buyer by denial of order. In the event an order is denied, Signal Hound will attempt to notify Buyer by e- mail given to Signal Hound. In the event Signal Hound cancels an order that has been paid, but not shipped, monies will be returned to Buyer, and Signal Hound shall attempt to notify Buyer via given email. Buyer shall only be entitled to the amount sent to Signal Hound. Buyer shall have no recourse for any damages caused in its denial or cancellation of order other than refund of monies paid. Order shall be governed by these Terms and Conditions. Any Terms proposed or incorporated by Buyer are hereby null and void, unless approved in writing by both Parties. (Buyer and Signal Hound).
2. Delivery and Transfer of Title
Order may be shipped using either PPA (Pre-pay and Add) (Insured) or a Buyer-supplied shipping account (Insured). Buyer shall be responsible for all shipping costs and associated surcharges. All shipments sent by Signal Hound shall be EXW (Incoterms 2010). Title risk shall pass to Buyer upon delivery of Goods to Carrier by Signal Hound. Signal Hound’s quoted delivery schedule represents its best estimate and is based on current workload. Signal Hound shall have no liability for delays, or any damage or losses sustained by Buyer as a result of such estimate not being met. Goods may not be shipped using a Freight Forwarder unless previously approved by Signal Hound. Signal Hound reserves the right, at its sole discretion, to deny any sale involving a Freight Forwarder.
3. Force Majeure
Neither Party will be found at-fault or liable for Damages due to any Force Majeure event that causes delay in either Acceptance, Payment, or Fulfillment. Force Majeure may include acts of God, epidemics, fires, floods, tsunamis, earthquakes, terrorism, insurrection, embargoes, epidemics, or other events beyond reasonable control. Bankruptcy or insolvency of Buyer shall not constitute a Force Majeure event. Upon a Force Majeure event, the affected Party shall give notice to the other Party. Once the event concludes, business shall resume as usual.
4. Governing Law
This Order shall be governed by and constructed in accordance with Washington State law. In the event of a claim, controversy or dispute arising from this Order, Buyer agrees to personal and exclusive jurisdiction and venue of the federal and state courts of Clark County, Washington. Both Parties agree to try and come to agreement in good faith for a minimum of ninety (90) days after written claim is received by either Party before any legal suit can be brought.
5. Payment
Prices shall be payable in U.S. Dollars. Payment to Signal Hound shall be paid in advance of any Goods
shipping. Payment shall be made by AMEX, Visa, or Mastercard. Buyer is responsible for payment of any applicable Taxes, Duties, VAT, GST, Shipping or any other cost associated with the sending and receiving of products. If Buyer is tax-exempt, they must provide a certificate upon request by Signal Hound.
6. Validity of Quotations
All quotes issued by Signal Hound are valid for 30 days unless a different date is supplied on the face of the quotation.
7. Warranty
Signal Hound warrants all new Signal Hound devices to be free from material and workmanship defects for a period of two (2) years from purchase date of device as a standard warranty. Buyer may purchase up to three (3) additional years directly from Signal Hound, at the price of 6% of the unit retail cost per additional year, prior to completing sale. Additional warranty must be purchased at time of sale and will not be offered once units have left Signal Hound facility. If a device fails due to a manufacturing defect during this time, Signal Hound will make sole decisions on whether to repair, replace, or refund device purchase. Signal Hound makes no warranty whatsoever regarding fitness for a particular purpose or use. Warranty will be void if, once inspected, the unit has been subject to customer damage, misuse, neglect, abuse, modification, or Buyer has attempted a repair which resulted in shoddy workmanship. Warranty determinations will be at the sole discretion of Signal Hound.und.
8. Source Inspection and Audits
Signal Hound prohibits source inspections. Terms proposed by Buyer to the contrary shall be held as void, and these Terms and Conditions shall supersede. If requested, Signal Hound, at its sole discretion, may authorize Source Inspections, but offers no guarantee. Buyer shall not be allowed or have the right to audit or examine Signal Hound’s books or records.
9. Software
Signal Hound SPIKE software is provided under and subject to the terms set out in Signal Hound’s SPIKE End User License Agreement, which can be found upon software installation.
10. Limitations of Liability and Indemnification
IN NO EVENT SHALL SIGNAL HOUND BE HELD RESPONSIBLE FOR ANY DAMAGES, LOST PROFITS, OR BUSINESS INTERRUPTION, EXPERIENCED BY BUYER IN ALL BUSINESS DEALINGS WITH SIGNAL HOUND. SIGNAL HOUND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITIES, EXPENSES, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, WHATSOEVER. IN NO EVENT WILL SIGNAL HOUND’S LIABILITY FOR ALL CLAIMS ARISING OUT OF THE PROVISION OF PRODUCTS UNDER THESE TERMS AND CONDITIONS EXCEED THE VALUE OF THE PRODUCTS PAID FOR BY CUSTOMER WHICH GAVE RISE TO THESE CLAIMS. BUYER ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS ANY AND ALL OFFICERS, DIRECTORS, EMPLOYEES, AND OWNERS OF SIGNAL HOUND.
11. Waiver
The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provisions or the right thereafter to enforce each provision.
12. Severability
To the extent any provision or a portion of these Terms is determined to be illegal or unenforceable, the remainder of these Terms shall remain intact and in full force.
13. System and Application Responsibility and Additional Indemnity
Buyer understands that it is ultimately responsible for verifying and validating the suitability and reliability of the Products wherever incorporated in Buyer’s system or application, including the appropriate design, process, and safety level of such system and application. Buyer shall defend, indemnify, release, and hold Signal Hound harmless from any and all claims, losses, damages, actions, including lawsuits, arbitrations, and/or administrative actions and expenses (including reasonable attorney’s fees) arising out of Buyer’s incorporation of the Product into Buyer’s system or application, regardless of whether such claims are founded in whole or in part upon alleged or actual negligence of Signal Hound.
14. Proprietary Rights
Signal Hound reserves all right, title and interest in any intellectual property rights contained or embodied in Products, including any custom developments created or provided by Signal Hound under this Agreement. Nothing in this Agreement will be deemed as granting to Buyer and ownership rights or license rights to such intellectual property.
15. Safety of Life
Buyer hereby understands and agrees to hold Signal Hound harmless for any misuse of product, including, but not limited to, safety of life or human implantation applications. If Signal Hound units are used for any purpose other than intended, Buyer shall be held fully responsible, and Signal Hound shall be void of any responsibility. If Buyer uses or sells products for use in any manner above, Buyer acknowledges that Signal Hound shall not be liable for any damage, in whole or in part as a result of use and that units are used at Buyer’s own and sole risk. Buyer agrees to indemnify, hold harmless, and defend Signal Hound, its Officers, Directors, Employees, and Owners from any and all claims arising from improper use of any Signal Hound unit.
16. Order Cancellation
Signal Hound, at its sole discretion and at any point prior to order shipment, may cancel an order. In the event of an order cancellation, Buyer monies already sent will be refunded and Buyer will be notified via e- mail. Signal Hound shall not be held responsible for any failed e-mail transmission. Buyer shall not be entitled to damages in the event of an order cancellation and shall only be entitled to receive in refund any monies paid for specific cancelled order. In the event of order cancellation, Buyer agrees to indemnify and hold harmless Signal Hound, and its officers, directors, and employees against any and all damages incurred due to order cancellation. Buyer hereby agrees that any Buyer supplied Terms and Conditions to the contrary are hereby considered null and void.
Any Buyer request for order cancellation must be made prior to shipment and must be made in writing. Any request not made in writing shall be considered null and void.
17. Export
Signal Hound units are controlled under the EAR. All units EXCEPT for the PNCS-1 are controlled under ECCN 3A992.a, and the PNCS-1 ONLY is controlled under 3A001.b.10. Buyer certifies that they understand and will follow all export regulations relating to their purchase from Signal Hound. Buyer hereby certifies that products purchased will not be diverted to any country, company, or individual that is prohibited by the U.S. Government. Products will not be re-exported without a proper and approved license. If there are any questions regarding export requirements for the products purchased, please reach out to trevor@signalhound.com for further instruction.
18. Compliance with Laws
Buyer hereby understands and agrees to abide by all federal, state, and local laws relating to this purchase.
19. Return Policy
In most cases, Signal Hound units will have a 30-day, money back guarantee. Buyer shall be responsible for any shipping, insurance, or other costs incurred in return of product and understands they shall not be refunded shipping either direction from Signal Hound. This refund guarantee limits the quantity of devices that may be redeemed under this money-back policy: a single company or individual may only return a maximum of 1 opened device per model (ex: 1 SA-44B, 1 BB60C, 1 SM200B, etc). If more than one unit per product line is returned, a 25% restock fee per unit shall apply and be charged to Buyer. No returns will be accepted after the 30-day period has expired. All units (except one) shall be unopened and new for return to be accepted. Signal Hound offers no refunds on calibrations.
Buyer shall have monies paid returned (minus shipping and insurance costs) upon Signal Hound’s verification that returned device is in new, unopened, and working condition. Buyer agrees to be held responsible and pay for any damage found on units returned to Signal Hound. Buyer shall e-mail sales@signalhound.com to initiate a return. Buyer shall not commence return until an RMA (Return Merchandise Authorization) e-mail and number are received from Signal Hound. Any return prior to Signal Hound’s issue of RMA number will result in additional processing time and may also result in extra cost. If Buyer attempts to return a counterfeit or used Signal Hound device, additional fees may be charged, or shipment may be rejected by Signal Hound. Title risk for a return unit will pass to Signal Hound upon receiving the unit at Signal Hound facility and shall remain with Buyer while unit is in transit.