Agnew Analog Reference Instruments ("Agnew Analog")
Valid from June 15, 2019
At Agnew Analog we strive to provide the absolute sonic experience to our customers. We are always aiming for 100% customer satisfaction and we are proud of our outstanding customer service as well as our proven track record of very successful and awesome sounding albums, audio equipment and parts. In the unlikely event that any problems should occur, affecting your experience with Agnew Analog and the products or services we offer, we will try our best to promptly resolve any burdensome issues. However, some situations are beyond our control, in which case we attempt to warn and advise our customers about potential issues which may be of concern. In any case, we have compiled our Terms and Conditions as set out below, to prevent any misunderstandings and unfortunate situations in general.
These Terms and Conditions will always apply to any work undertaken by Agnew Analog, and you are automatically accepting these Terms and Conditions by using our website, giving us any work or receiving any of our products or services.
1) Acceptance of Terms
1.1) By using this website and by making any arrangements with Agnew Analog regarding our products or services and specifically when making any payments to Agnew Analog, you are automatically agreeing to our Terms and Conditions as described herein. These written Terms and Conditions shall be the sole agreement between Agnew Analog and the customer and shall render invalid any and all other contracts and written or oral agreements.
2) Limitation of Scope
2.1) All products and services offered by Agnew Analog constitute professional products and are not available to consumers, due to the specialized nature and scope of such products, which is strictly limited to professional applications and suitably qualified users.
2.2) By purchasing any products and/or services from Agnew Analog, you hereby declare that you are a suitably qualified professional user and not a consumer, and understand that you shall not be entitled to make any claims as a consumer, and will not be eligible for consumer protection schemes as defined in applicable legislation or offered by payment service operators.
2.3) Some of the products and services offered by Agnew Analog may require special training, information and skills for their proper operation and/or maintenance. Agnew Analog shall not be under any obligation to provide such training, information and skills, as part of the supply of any products or services, unless otherwise agreed upon in writing.
3) Exclusion of Warranties
3.1) Agnew Analog shall not be held liable for any direct, special, incidental, consequential or other damages under any circumstances, that may arise as a result of any services or products provided by Agnew Analog.
3.2) Agnew Analog cannot offer any warranty, not even the implied warranty of merchantability or fitness for any particular purpose, of the final product or the individual production and/or manufacturing stages, or any service offered by Agnew Analog.
3.3) Agnew Analog cannot offer guaranteed delivery or manufacturing dates, under any circumstances. As such, we cannot accept any liability for any damages resulting from inability to deliver products or services within a specific time frame. Verbal or written indications of usual time frames do not constitute a contractual obligation.
3.4) Agnew Analog cannot offer any guarantee of sound quality or suitability of our products and services for any subsequent process. The customer shall be fully responsible for evaluating and approving all reference material before proceeding with any manufacturing process or distribution.
3.5) Agnew Analog shall not be held liable for any errors, faults, or other problems with material provided to us by third-parties on behalf of the customer. The customer is expected to check, evaluate and approve all material provided to us by third-parties on their behalf.
3.6) Agnew Analog shall not be held liable for any damages or loss of property and equipment suffered by the customer during attended sessions, as well as any damages to health during their presence in any premises or locations where the provision of services or products by Agnew Analog may take place.
3.7) Agnew Analog shall not be held liable for any damages that may occur in transit, either through physical transportation of items or through the digital transfer of data. Customers shall be responsible for acquiring insurance covering such damages, and using appropriate diagnostic tools for identifying potential problems prior to dispatch and upon receipt.
3.8) Agnew Analog shall not be held liable for any damages occurring from unauthorized use of our trade name, services, website, or any of the content on our website, printed material, audio in any format, or email communication.
3.9) Agnew Analog does not offer any warranty that any of the equipment displayed on the Agnew Analog website will be fully functional and available for use by our customers or that any specific piece of equipment will be used in conjunction with any of the products or services offered by Agnew Analog.
4) Liability and Risks
4.1) All source material shall be delivered to Agnew Analog in strict accordance with our provided specifications. Inability to do so may result in extra processing charges.
4.2) The customer shall be solely and fully responsible for any royalties, licenses, payments, taxes, duties, fines, fees, commissions, and all other costs and liability that may arise directly or otherwise, from the production, processing, handling, manufacturing, distribution, or possession of the original source material, intellectual property, media, derivative works, by-products or other materials used or produced in the course of the provision of any products or services by Agnew Analog, regardless of place, location or jurisdiction.
4.3) Agnew Analog provides services and products which may require use of potentially hazardous materials and machinery, in a variety of locations and premises. Access to any such premises and attendance of customers, potential customers, or visitors is only permitted at their own risk. Agnew Analog cannot guarantee the health and safety of anyone present in the vicinity of professionals at work, or in any premises or location where the provision of products or services by Agnew Analog may take place.
4.4) The customer, potential customer, website user, or any other party directly or indirectly accepting or agreeing to these Terms and Conditions, agrees to indemnify, defend and hold harmless Agnew Analog and their representatives against any claims, legal disputes, judgments, fines, fees, and all other losses including reasonable attorney's fees and any other expense towards legal representation and defense, howsoever arising out of or related to any material or intellectual property provided to Agnew Analog, whether in relation to products and/or services or otherwise.
4.5) Any claims regarding the performance of products and services supplied by Agnew Analog shall be based upon scientific measurements conducted in accordance to the relevant published industrial standards documents, using calibrated measurement instruments, by a suitably qualified engineer. The calibration certificates of the measurement instruments, proving traceability to a primary standard, along with the certifications of the engineer, must be made available to Agnew Analog, if requested. In the event of disagreement in measurements, or if measurements cannot be supplied to Agnew Analog, then the products concerned must be returned to Agnew Analog in their original untampered condition, for measurements to be conducted at the customer's expense.
4.6) In case of shipping damage, the recipient shall be obliged to notify both Agnew Analog and the carrier, of the damage, in writing, along with photographs clearly depicting the damage, within 24 hours of receipt.
4.7) In case any products supplied by Agnew Analog do not constitute a complete system, but part of a system, the responsibility of establishing the suitability and/or compatibility of such parts for any purpose or use, as well as the responsibility and liability for any adaption, assembly, modification, manufacturing or engineering services, shall exclusively burden the customer.
4.8) Returns of supplied goods may be accepted based on the sole discretion of Agnew Analog and will only be considered within 48 hours of receipt of the goods and upon request in writing. The goods must not be tampered with or modified in any way by the recipient, for return requests to be considered. In case a full or partial refund has been offered in writing by Agnew Analog, this will not be issued until the returned goods have been received and inspected by Agnew Analog. If the returned goods show signs of being tampered with or modified by persons not authorized by Agnew Analog, additional charges may apply.
5) Scheduled Work
5.1) In the event that any scheduled work needs to be delayed or canceled, Agnew Analog shall not be liable for any loss or damage of any nature whatsoever, suffered by the customer. Such work woul be rescheduled, at Agnew Analog's sole discretion, for any date deemed convenient.
6) Use of the website
6.1) This website is owned and operated by Agnew Analog.
6.2) The information, artwork, text, video, audio, pictures, software and other intellectual property contained on the website are owned by Agnew Analog and all rights are reserved. Unauthorized use is strictly prohibited.
6.4) By accessing this website, users expressly agree that use of the website and related services or products is at their sole risk. Agnew Analog does not offer any warranties with regard to the website, not even the implied warranty of merchantability or fitness for any particular purpose.
6.5) By using the website, its content and/or related products or services, you agree that Agnew Analog will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the website, content or related services.
6.6) Agnew Analog reserves the right to modify any content on this website, at any time, without prior notice to users.
6.7) Agnew Analog does not offer any warranty regarding the compatibility of this website with any particular equipment, device, software, or operating system.
7) Personal Data
7.1) Agnew Analog cannot offer any warranty regarding the security of any personal information under any circumstance. Agnew Analog assumes no liability for any disclosure of personal data due to unauthorised third party access or other acts of third parties.
8.1) All payments to Agnew Analog shall strictly be made in advance of any products or services being delivered or received by the customer, in the currency and with the payment method agreed for each individual circumstance.
8.2) Agnew Analog shall not be required to deliver or make available any products or services until payment in full has been received.
8.3) In the event that payment has not been made in full for any work undertaken by Agnew Analog and as a result, any products or services requested by the customer have not been delivered, Agnew Analog shall not be required to refund or reimburse any partial payments made in advance or made towards the completion of payment in full.
8.4) For billing purposes "track" shall be defined as audio of up to six minutes in duration, stored on, recorded on, or reproduced from any medium and format. Audio of less than six minutes in duration shall be considered a ``track'' in the event that it is a distinct recording, composition, or distinct part of a larger recording or composition. Audio exceeding six minutes in duration as a continuous recording or composition shall be billed as multiple tracks, the number of which shall be calculated as the total duration in minutes divided by six, and the result shall be rounded to the nearest integer. The application of this definition for billing purposes shall be at the sole discretion of Agnew Analog.
8.5) The definition of a "recording day" for billing purposes shall be at the sole discretion of Agnew Analog, depending upon the nature of the work particular to each individual instance. Agnew Analog does not offer any warranty regarding the number of working hours defined as a "recording day", in relation to any products or services.
8.6) By making any payment to Agnew Analog, you hereby acknowledge having received, read, understood and accepted these Terms and Conditions.
9) Choice of Law
9.1) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes or legal proceedings arising out of or related to these Terms and Conditions shall be brought and adjudicated solely in the courts of England and Wales.
9.2) By using this website or by requesting any products or services, or when making any payment to Agnew Analog, you are hereby accepting and agreeing to the sole jurisdiction of the English courts for the adjudication of any disputes or legal proceedings arising out of or related directly, indirectly, consequentially or in any other way to these Terms and Conditions.
10.1) Should any provision of these Terms and Conditions be deemed invalid, illegal or unenforceable at any time, the remaining provisions shall remain in full force and effect. Each provision of this Agreement is hereby declared to be separate, severable and distinct.
11) Force Majeure
11.1) Agnew Analog shall not be under any liability for any failure to comply with any of the provisions of these Terms and Conditions or any failure to provide any products or services due to Force Majeure. For the purposes of these Terms and Conditions "Force Majeure" shall be deemed to include Acts of God, explosion, flood, tempest, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance, requisition, acts or restrictions or regulations or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations and embargo, capital controls, strikes, lock-outs or other industrial actions or trade disputes, difficulties obtaining materials, labor, fuel, parts or any machinery, power failure, breakdown in machinery, pandemic, epidemic or other form of illness or difficulty in obtaining medical supplies or health care.
Agnew Analog shall not be under any liability for any failure to comply with any of the provisions of these Terms and Conditions or any failure to provide any products or services due to Force Majeure. For the purposes of these Terms and Conditions "Force Majeure" shall be deemed to include Acts of God, explosion, flood, tempest, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance, requisition, acts or restrictions or regulations or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations and embargo, capital controls, strikes, lock-outs or other industrial actions or trade disputes, difficulties obtaining materials, labour, fuel, parts or any machinery, power failure, breakdown in machinery, pandemic, epidemic or other form of illness or difficulty in obtaining medical supplies or healthcare.