Herman Pro AV

Terms of Use

Welcome to the HermanProAV.com website. By using the HermanProAV.com website YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on HermanProAV.com.

The following terms and conditions of use apply to the sale of goods ("Products", "Accessories", “Items” or "Parts") by HermanProAV.com ("HermanProAV.com", "The Company", "Site", "We", "Our", or "Us") to customers ("Customers", "You", "Your", and "Yours") through HermanProAV.com. These terms and conditions may not apply to purchases made by customers directly from the manufacturers we support or in any manner to other forms of procurement a customer may use to attain similar goods. Read the following terms and conditions carefully before using the site as no other terms apply. By using or accessing this site you acknowledge that you have read and agreed to these terms.

HermanProAV.com reserves the right to make changes to HermanProAV.com and its Terms and Conditions of Use and Legal Notices at any time. Each time you use HermanProAV.com, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with HermanProAV.com, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using HermanProAV.com.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Use

HermanProAV.com grants You permission to view this Site for Your use provided that You agree to and accept without modification the notices, terms, and conditions set forth in the "Terms and Conditions of Use". You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative material from, transfer information, or sell any material, information or products from this Site. As a condition of Your use of this Site, You represent and warrant to HermanProAV.com that You will not use this Site for any purpose that is unlawful or prohibited by these terms.

The terms and conditions herein may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Products which is subject to additional or altered terms and conditions shall be null and void.

Products and Orders

HermanProAV.com continually updates and revises the products that it sells through this Site. As such, Products may be discontinued at any time and differences between what is shipped and what is described may occur on occasion.

While HermanProAV.com will use all reasonable efforts to fulfill any and all orders it receives, the Company cannot guarantee the availability of a particular Product displayed on the Site.

Prices displayed on the Site reflect U.S. Dollar amounts and may not include shipping, handling, or sales tax (if applicable) which will be added to the sub-total of the order. The Customer is responsible for the payment of shipping/handling charges and local/state/use taxes that may apply to an order.

While HermanProAV.com strives to provide a helpful and error-free Site, we cannot guarantee that all content is 100% accurate, certifiable and/or complete, including price, inventory, product information or specifications. As such, HermanProAV.com reserves the right to correct price errors as they are discovered, revoke any stated offer and to otherwise correct any errors, inaccuracies, or omissions. This right extends to orders that have already been submitted by a Customer and accepted by HermanProAV.com.

Shipping

All orders placed on this site are subject to product availability and will be shipped according to HermanProAV.com's shipping policies.

Our Shipping Schedule:

All in stock orders received by 4pm EST will be shipped the same day. All orders will be delivered based on the shipping method selected and UPS's published delivery schedule.

Not in Stock

We don't believe in keeping you waiting. If applicable, please enter the date you require the merchandise when processing your order. For any item not in stock, we will query our suppliers to locate the item in order to meet your required date. If by chance your item can not be found within this timeframe, you will be notified via a call or email from our Customer Service team.

In the rare event that your order never arrives, notification of lost items must be received by Herman within 30 days from receipt of the Shipping Confirmation e-mail.

Paying for Your Order

You may pay for Your orders with major credit/debit cards issued in the United States of America: Currently we accept Visa®, MasterCard®, and AmericanExpress®. Generally, credit and debit cards are not charged until we ship the item(s) to you, at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place via HermanProAV.com, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. In addition to the forms of payment listed above, purchase orders may be used for large companies, Universities, or Government agencies. Please contact our accounting department at ar@hermanelectronics.com for these options.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. HermanProAV.com reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Taxes

For orders shipped to Florida, Georgia, and New Jersey, we add applicable state sales tax only, to your merchandise total. You will see the correct tax once you add your shipping address during Checkout. All other taxes which may be applicable are the sole responsibility of and shall be paid by the Customer.

Changes to Delivery Address

Changes to delivery addresses will be assessed an applicable fee to cover additional expenses incurred to HermanProAV.com and will be added to your order in the following cases: 1) You provided an inaccurate address to HermanProAV.com, or 2) You have the delivery forwarded to an alternate location after the order was placed.

Refused Packages

HermanProAV.com incurs a return shipping fee equal to the cost of shipping the product to You when You refuse the shipment or are not available to complete the delivery. HermanProAV.com reserves the right to pass this fee on to You by deducting the amount from the total credit due.

Receipt of Orders

All orders should be checked upon receipt concealed shipping damages. All claims for concealed damage should be claimed with the carrier delivering the merchandise. Any package with visible damage should be refused. Herman cannot warrant any package that has visible damage that was not refused or claimed with the carrier upon delivery. All orders should also be checked for correct content. Any claims of missing or wrong merchandise must be reported within 5 days of receipt of the package.

Accounts

By creating an account you agree to receive emails communicating the latest products, special promotions and more.


Return and Warranty Policies: General Return Policy

Authorized Return — Return Authorization Number Required

Returns must be authorized by contacting Herman to obtain a Return Authorization Number. Authorization does not guarantee credit. Herman will issue credit to the customer upon receipt of the return package. The customer's card may be recharged any applicable fees if subsequent inspection reveals damage, missing components, or incorrect reason for return. Authorized returns must be post-marked no later than 30 days from the date of original shipment to the customer. Packages post-marked thirty (30) days after original shipment date may not be accepted and may subsequently be returned to the customer. All returned products must be in resalable condition, including: all components, manuals, registration cards, and original undamaged packaging. In addition, the following restrictions apply: Credit cannot be issued for electric or electronic parts that have been installed. Some returned parts may incur a restocking fee.

Unauthorized Returns

An unauthorized return is defined as any package returned to Herman without the proper return authorization code on the shipping label. Unauthorized returns may include any package refused by the customer during a delivery attempt. Unauthorized returns received by Herman may be refused at the warehouse and returned to the sender. In this case, the customer may be held responsible for the cost of shipping the package back to the sender. This cost will be passed along to the customer either in the form of a deduction from the total credit due to the customer or a charge to the credit card if refund has already been issued. Any credits issued may be delayed.

Process for Returning Merchandise

  • All returns must have an RA number for processing. Contact Herman at support@hermanelectronics.com to receive a Return Merchandise Authorization number. RA's are only valid for thirty (30) days from the date of original product shipment to the customer.
  • Include the RA number on the outside of the package: RA numbers should be clearly displayed on the return shipping label of any package being returned to Herman. Do not write the RA number on the actual box. Packages without an RA number on the return shipping label will not be accepted.
  • Ship within thirty (30) days: Products must be post-marked within thirty (30) days of RA issue date. Packages post-marked after 30 days of RA issue date will not be accepted and may be returned to the customer.
  • Repack in original packaging: Enclose everything originally received, including all components, manuals, and registration cards. We must receive all original products in order to process your return or exchange. Herman is not responsible for products that are damaged due to poor packaging, defaced packaging, or lost shipments

Refused Shipments

A refused shipment occurs when the customer refuses to accept the package during a delivery attempt. Customers who refuse delivery in place of contacting HermanProAV.com to obtain proper return instructions may be assessed a fee to cover return shipping and labor charges. This cost will be passed along to the customer in the form of a deduction from the total credit due to the customer. In addition, refused shipments may be considered an unauthorized return and subject to the policies thereof.

Refund Payments

We will issue credit within 10 business days from the date the item is received at our warehouse and approved for a refund. It may take your credit card company up to 2 billing statements to post it. Credit will be issued for item cost, tax, and shipping less any re-stocking fees (where applicable). Shipping may not be refunded in all cases.

Return Shipping Charges

HermanProAV.com may provide a pre-paid return label depending on the reason a return is requested. The customer is held responsible for all shipping fees where a pre-paid label is not provided.

Termination of Use

HermanProAV.com may, at its sole discretion, terminate your account or your use of HermanProAV.com at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. HermanProAV.com reserves the right to change, suspend or discontinue all or any aspects of HermanProAV.com at any time without prior notice.

Terms and Conditions

1. General. The terms and conditions included in this document constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any prior representations or agreements, oral or written and all other communications between the parties relating to the subject matter hereof, including the terms and conditions set forth on any purchase order issued by Buyer. All sales by Herman Electronics, Inc. (“Seller”), are expressly conditioned by and under these terms and conditions (The “Terms”). These Terms may in some instances differ with those affixed to Buyer's purchase order or other documents, if so, any additional terms or terms conflicting with these Terms will not apply and are expressly rejected unless specifically set forth in a separate written agreement between the parties. Acceptance of Buyer's order is expressly conditioned upon Buyer's acceptance of or assent to these Terms, which shall be established by a written acknowledgment, by implication, or by acceptance or payment for products ordered hereunder. Seller's failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms. Any changes in these Terms must specifically be agreed to in writing and signed by an officer of Seller before becoming binding. Receipt by Buyer of any products sold hereunder shall be conclusively deemed acceptance of these Terms.

2. Shipment. All shipments are made FOB Origin (EX Works Incoterms 2010 for foreign customers) unless otherwise specified. Title to products and risk of loss pass to Buyer upon shipment from Seller’s warehouse. Buyer agrees to purchase any and all insurance it deems necessary to indemnify it against any loss in shipping. Buyer will determine any export license requirements, obtain any export license or other official authorization, and carry out any customs formalities for the export of goods. Buyer assumes all risk of loss in shipping and all liability for loss or damage, whether direct, indirect, consequential or otherwise, due to delays once the products have been delivered to the carrier. Buyer will comply with all applicable laws, regulations and ordinances of any governmental authority in any country having proper jurisdiction, including, without limitation, those laws of the United States or other countries that regulate the import or export of the goods provided by Seller and shall obtain all necessary import/export licenses in connection with any subsequent import, export, re-export, transfer, and use of all goods, technology and software purchases, licensed and received from Seller. Unless otherwise mutually agreed in writing, Buyer agrees that it will not use the goods in connection with any activity involving nuclear fission or fusion, any use or handling of any nuclear material, or any nuclear, chemical or biological weapons.

3. Delivery. Seller shall not be responsible for loss, damage, delay or failure with respect to the products if due to or arising from shortage of raw materials, fires, labor troubles of any kind, accidents, breakdown of machinery, government acts of any kind, failure of manufacturers, subcontractors or suppliers to deliver materials or supplies or to provide services as agreed or contemplated by past dealings, transportation difficulties of any kind, acts of God, acts of Buyer or anything reasonably beyond Seller's control, whether or not presently occurring or contemplated by either party. Seller shall not be liable for damages, general, consequential or otherwise, or for failure to give notice of any delay until it shall have such additional time within which to deliver the products as may be reasonably necessary under the circumstances and shall have the right to apportion its inventory among its customers in such a manner as it considers acceptable. Seller shall also have the right to deliver the products in installments. Seller may terminate or suspend an order if there is a material breach by Buyer and Buyer fails to begin a cure within 10 calendar days after receipt of written notice.

4. Limited Warranty and Limitations. Products distributed by Seller are warranted by the third-party manufacturer or pursuant to the terms of the warranty included in the packaging, for products manufactured by Seller, for a period as defined by the third-party manufacturer or in such documentation included with such products. Seller assigns to the Buyer those warranties and only those warranties extended by such third-party manufacturers or vendors for non-seller branded products and provides only those warranties included in the packaging for Seller manufactured products. Seller does not itself warranty any products other than those it manufactures (and then solely pursuant to the terms and subject to the limitations set forth in the documentation included with such products) and sells all other products only on an as is basis.

THERE ARE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ITS OWN NEGLIGENCE OR FAULT AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Seller does not represent that the products it manufactures or it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglary, robbery, fire or otherwise, or that the products will in all cases provide adequate warning or protection. Buyer understands and will cause its customers to understand that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or fire without warning, but it is not insurance or a guarantee that such will not occur or will not cause or lead to personal injury or property loss. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM THE PRODUCT FAILED TO GIVE WARNING. HOWEVER, IF SELLER IS HELD LIABLE WHETHER DIRECTLY OR INDIRECTLY FOR ANY LOSS OR DAMAGE WITH RESPECT TO THE PRODUCTS IT SELLS, REGARDLESS OF CAUSE OF ORIGIN, ITS MAXIMUM LIABILITY SHALL NOT IN ANY CASE EXCEED THE PURCHASE PRICE OF THE PRODUCT UNDER THE SPECIFIC ORDER, WHICH SHALL BE FIXED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST SELLER.

5. Limitation on Liability to Buyer's Customers. Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer acknowledges that Seller shall only be deemed to give consumers of its products such statutory warranties as may be required by law and at no time shall Buyer represent to its customers and or users of Seller’s products that Seller provides any additional warranties (except as may be specifically provided herein with respect to products manufactured by Seller). By accepting the products, to the fullest extent permitted by law, Buyer assumes all liability for, and agrees to indemnify and hold Seller harmless against and defend Seller from, any and all suits, claims, demands, causes of action and judgments relating damages, whether for personal injury or to personal property, suffered by any person, firm, corporation or business association, including but not limited to, Buyer's customers and/or users of the products because of any failure of the products to detect and/or warn of the danger for which the products were designed or any other failure of the products whether or not such damages are caused or contributed to by the sole or joint concurring negligence of Seller.

6. Seller’s Trademarks. Buyer shall only use Seller’s Trademarks in the specific form and manner provided by Seller to Buyer and in strict conformity and compliance with any guidelines provided by Seller. Buyer shall not utilize any Seller Trademark for any unauthorized purpose including, but not limited to, using any Seller Trademark as part of a corporate, business, or trading name, and shall not attempt to register or own in any country any Seller Trademark, any domain name incorporating in whole or in part any Seller Trademark or any name, trade name, domain name, keyword, mark or social or business networking/media account or identification name confusingly similar to any Seller Trademark. Buyer recognizes the validity of Seller’s Intellectual Property and acknowledges that the same are the property of Seller and that no right, title or interest in Seller’s Intellectual Property will be transferred to Buyer under these terms and conditions. Seller may revoke Buyer’s right to use any Seller Trademarks at any time and in its sole and absolute discretion.

7. Confidential Information and Data Use Rights. Confidential Information means any non-public information of a party, such as proprietary technology, trade secrets, know-how, methods of operations, marketing data and sales programs, market studies and trends, financial information, pricing policies, vendor and customer lists, buying patterns, Point of Sales reports and other information relating to the business, products, purchases or sales of a party or any of its suppliers or customers. Buyer acknowledges and agrees that Seller may use Buyer’s Confidential Information to perform its obligations under these terms and conditions as they apply to the current or contemplated business relationship, and may disclose such information to persons on a need to know basis to perform such obligations, provided such persons are bound by written confidentiality restrictions no less stringent than those contained herein. In compliance with applicable data protection laws and regulations, Seller may use data collected, generated, processed or transmitted by or through products, or data provided by Buyer regarding the operation or performance of products, in an aggregated or anonymized form for any business purpose, including product development, marketing or sales support or other analytics. If Buyer does not own such data, Buyer grants Seller (or shall procure for Seller) the right to use and make derivative works from such data for any lawful purpose.

8. Return and Repair Policies.
Return for Credit Unused Product. At its option, Seller may accept as a return for credit unused product in its unopened original package and in a condition that could be sold as new providing the product was purchased from Seller no more than thirty (30) days prior to the date of return. Buyer must provide proof of purchase within the preceding thirty (30) days and method of payment. Buyer shall be responsible for any freight on returns and returns of product must be unopened and must include all original instructions and packaging within the original box. Special order items are, at Seller’s option, non-returnable or may be returned and subject to a restocking fee. For non-returnable items, no return privileges apply.

Defective Product Replacement Policy.

Bad out of box: Solely as a convenience to Buyer provided Buyer’s account is in good standing, and in Seller’s sole discretion, any product that is initially defective (bad-out-of-box) may be exchanged for a new product at no charge to Buyer in accordance with the manufacturer’s policy that is being passed along to Buyer by Seller or, at Seller’s option, be returned for credit in accordance with the manufacturer’s policy. Manufacturers’ policies may vary. Buyer must provide a copy of the invoice number for the product being returned. Seller may, at Buyer’s cost for freight, take the product and sent it to the manufacturer. If the manufacturer determines that the product is not initially defective (bad-out-of-box) or not otherwise new or its inability to function properly is a result of user damage or abuse, Buyer shall pay Seller all charges relating to the product as well as the replacement product previously given or, if applicable, have any credit given to Buyer reversed.

Product for Repair: As a convenience to and on behalf of Buyer, provided Buyer’s account is in good standing, in Seller’s sole discretion, Seller may ship products for warranty or other service to the appropriate manufacturer in which event any repair, shipping or handling costs will be charged to the Buyer.

9. Taxes. Prices do not include any municipal, state or federal sales, use, excise, value added or similar taxes. Consequently, in addition to prices specified, the amount of any present or future tax that may be imposed shall be paid by Buyer, or in lieu thereof Buyer will provide Seller with a tax exemption certificate acceptable to the taxing authorities.

10. C.O.D. Purchases; Purchases on Credit. All freight charges shall be for Buyer’s account on C.O.D. purchases whether products are accepted or not. With respect to purchases by Buyer on credit, Seller reserves the right at any time to revoke any credit extended to Buyer because of Buyer’s failure to pay for any products when due or for any reason deemed good and sufficient by Seller, and in such event all subsequent shipments shall be paid for on delivery. If this invoice is not paid when due, Buyer agrees to pay all costs of the collection including agency and attorney’s fees, whether incurred in or out of court, on appeal, in arbitration, in Bankruptcy court, or in any insolvency proceedings.

11. Security Interest. As continuing security for the balance owed Buyer to Seller for the purchase price of products sold (collectively, the “Obligations”), Buyer grants to Seller a continuing, specific and fixed purchase money security interest in and to all products now or hereafter sold to Buyer by Seller and all Proceeds (as defined in the applicable Uniform Commercial Code) thereof. Buyer shall execute, at Seller’s request, such other and further documents as may be necessary or desirable to further evidence, perfect or amend such security interest. Buyer hereby authorizes Seller to file any document or UCC Financing Statement to secure and perfect its interest granted herein without Buyer’s consent.

12. Promise to Pay and Late Charge on Past Due Amounts. Buyer agrees to make all payments pursuant to the payment terms specified in the approval letter or other notice that Seller provides to Buyer. If Seller does not receive payment for an invoice by the payment due date, the entire outstanding balance of all open invoices on Buyer’s account shall become immediately due and payable. Buyer agrees to pay Seller a late charge in the amount of 1.5% (or the maximum rate permitted by law if less) of the delinquent amount remaining of the entire outstanding balance of all invoices on the first payment due date after Buyer’s failure to pay and monthly thereafter. Buyer may not set off invoiced amounts against sums that are due from Seller. Seller’s extension of credit is subject to Buyer maintaining its current credit standing. Credit memos must be used on outstanding balances or future purchases. In the event Buyer’s account with Seller is dormant for more than three (3) months and has a credit balance, Seller may apply such balance against any future purchases at any time at Seller’s discretion until such credit balance is used in full. For accounts past due longer than 90 days with open credits, Seller may apply such credits against any debit balance which has remained open for 90 days or more.

13. Invoice Disputes. All invoice disputes must be submitted to Seller in writing within 30 days following the date of any such invoice. Thereafter, and absent written notice prior to the expiration of 30 days from the invoice date, Buyer waives any and all rights it may have to dispute the validity, existence or amount of such invoice.

14. Import/Export Laws. Buyer will comply with all import, export and re-export control laws and regulations as required. Export of product without the proper license is prohibited.

15. Waiver. No waiver by Seller of any of these Terms shall be deemed to constitute a waiver of any other Terms or a waiver of the same or any other provision with regard to portions of this transaction or future transactions. No waiver by course of conduct or custom usage can occur.

16. Error. Stenographic and clerical error and omissions in the invoice are subject to correction.

17. Applicable Law and Jurisdiction. This agreement shall be deemed entered into the State of New York and the laws of New York shall govern its validity, performance and construction. Courts of the State of New York have exclusive jurisdiction of any claims arising out of this contract. The parties waive any right to trial by jury and submit to the personal jurisdiction of the state and federal courts located in the County of Suffolk, State of New York. The parties agree that application of the Uniform Computer Information Transaction Act and the United Nations Convention on Contracts for the International Sale of Goods 1980, and any successor law to either, is specifically excluded. Buyer shall not bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law.

18. Assignment. Neither party will assign any rights or obligations under these Terms without advance written consent of the other Party, which consent will not be unreasonably withheld. Either party may assign these Terms in connection with the sale or transfer of all or substantially all the assets of the business to which they pertain. Any attempt to assign or delegate in violation of this clause will be void.

General

This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and HermanProAV.com with respect to this Site.

Herman ProAv

10110 USA Today Way
Miramar, FL 33025
US TOLL FREE: 888.736.6888
PHONE: 305.477.0063
FAX: 305.392.3377

Industry Affiliations

Herman ProAv

10110 USA Today Way
Miramar, FL 33025
US TOLL FREE: 888.736.6888
PHONE: 305.477.0063
FAX: 305.392.3377