Terms and Conditions
Agnew Analog PC ("Agnew Analog" and "Agnew Analog Reference Instruments" are trading styles of Agnew Analog PC, a company registered in Greece)
Foreword:
At Agnew Analog PC we strive to provide products of the finest quality, backed by the highest level of customer care. 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 products and services. In the unlikely event that any problems should occur, affecting your experience with Agnew Analog PC 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.
These Terms and Conditions will always apply to any work undertaken by Agnew Analog PC, 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 PC regarding our products or services and specifically when making any payments to Agnew Analog PC, 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 PC 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 PC 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 PC, 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) The products and services offered by Agnew Analog PC may require special training, information and skills for their proper operation and/or maintenance. Agnew Analog PC 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 PC 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 PC.
3.2) Agnew Analog PC 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 PC.
3.3) Agnew Analog PC 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 PC 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, distribution of media, or decision to purchase any products or services.
3.5) Agnew Analog PC shall not be held liable for any errors, faults, or other problems with material provided to us by the customer, or 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. Any additional costs arising as a result of testing, evaluation, or replacement of material provided by the customer, or by third-parties on behalf of the customer, shall exclusively burden the customer.
3.6) Agnew Analog PC 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 PC may take place.
3.7) Agnew Analog PC 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 PC 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 PC does not offer any warranty that any of the equipment displayed on the Agnew Analog PC website will be fully functional and available for purchase or use by our customers, or that any specific equipment will be used in conjunction with any of the products or services offered by Agnew Analog.
4) Liability and Risks
4.1) All material shall be delivered to Agnew Analog PC 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 products or 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 PC, regardless of place, location or jurisdiction.
4.3) Agnew Analog PC 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 PC 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 PC 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 PC 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 product, material or intellectual property provided to Agnew Analog PC, 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 PC 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 PC, if requested. In the event of disagreement in measurements, or if measurements cannot be supplied to Agnew Analog PC, then the products concerned must be returned to Agnew Analog PC 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 PC and the carrier, of the damage, in writing, along with photographs clearly depicting the damage, within 24 hours of receipt. No claims regarding shipping damage will be entertained beyond this period.
4.7) The products supplied by Agnew Analog PC 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 PC 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 PC, this will not be issued until the returned goods have been received and inspected by Agnew Analog PC. If the returned goods show signs of being tampered with or modified by persons not authorized by Agnew Analog PC, additional charges may apply.
4.9) All products sold by Agnew Analog PC are supplied on Ex-Works (EXW) terms. The customer shall be solely liable for any damages or loss occuring after the products leave the premises of Agnew Analog PC. The customer shall be solely liable for any duties, taxes, tariffs, or other fees and costs, arising directly, indirectly, or consequentially, or otherwise associated with the international import or export of the goods, and any licenses or certifications that may be howsoever required.
5) Scheduled Work
5.1) In the event that any scheduled work needs to be delayed or canceled, Agnew Analog PC shall not be liable for any loss or damage of any nature whatsoever, suffered by the customer. Such work woul be rescheduled, at the sole discretion of Agnew Analog PC, for any date deemed convenient.
6) Use of the website
6.1) This website is owned and operated by Agnew Analog PC.
6.2) The information, artwork, text, video, audio, pictures, software and other intellectual property contained on the website are owned by Agnew Analog PC and all rights are reserved. Unauthorized use is strictly prohibited.
6.3) The Agnew Analog PC website may contain links to other websites. Agnew Analog PC is not responsible for or liable for the content or Terms of Use and practices of other websites. All external websites are accessed at the user's own risk.
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 PC 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 PC 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 PC reserves the right to modify any content on this website, at any time, without prior notice to users.
6.7) Agnew Analog PC 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 PC cannot offer any warranty regarding the security of any personal information under any circumstance. Agnew Analog PC assumes no liability for any disclosure of personal data due to unauthorised third party access or other acts of third parties.
7.2) Agnew Analog PC and the https://agnewanalog.com website do not collect or process any personal information or other data that would fall under the scope of the European Union GDPR laws (ν. 4624/2019 & ν. 5043/2023) or equivalent and similar legislation in other parts of the world.
8) Payment
8.1) All payments to Agnew Analog PC 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 PC 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 PC and as a result, any products or services requested by the customer have not been delivered, Agnew Analog PC 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 four minutes in duration, stored on, recorded on, or reproduced from any medium and format. Audio of less than four 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 four 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 four, 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 PC.
8.5) The definition of a "recording day" or "training day" for billing purposes shall be at the sole discretion of Agnew Analog PC, depending upon the nature of the work particular to each individual instance, but shall not exceed 4 hours under any circumstances. Agnew Analog PC does not offer any warranty regarding the number of working hours defined as a "recording day" or "training day", in relation to any products or services.
8.7) By making any payment to Agnew Analog PC, 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 Greece. 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 Thessaloniki, Greece.
9.2) By using this website or by requesting any products or services, or when making any payment to Agnew Analog PC, you are hereby accepting and agreeing to the sole jurisdiction of the Greek 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) Severability
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 PC 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.