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We are located in Virginia USA.

SpeakerCompare™ Rental Kit Terms & Conditions

Last Modified: 12/17/2018

Please read these terms and conditions carefully. By clicking "I Agree" or otherwise using this service you agree to these terms and conditions. This is a binding Agreement between You and Crutchfield Corporation ("Crutchfield").

Through this service we are aiming to provide you with the tools needed to use our patented speaker simulation process and provide you with a method of evaluating different speaker systems through the use of a computer and the digital to analog converter and headset provided by our rental service. This service is only available to persons who are at least eighteen years old and can only be shipped to customers in the 50 United States, Washington D.C. and Puerto Rico.

Crutchfield may discontinue, modify or suspend this service or its terms and conditions at any time and for any reason without any prior notice.

Any use of this service is subject to Crutchfield's privacy policy located at https://www.crutchfield.com/ISEO-rCCBcSPD/support/privacy.aspx. In addition, by using this service you are authorizing Crutchfield to use and transferring full ownership and rights to Crutchfield, to any review, comments, suggestions and any modification or changes to the Service which you may bring to Crutchfield's attention.


General Conditions

This Section sets out terms and conditions that apply to your rental of products through the Service which currently consist of an AudioQuest Dragonfly® Black v1.5 digital to analog converter and a pair of Sennheiser HD-280 Pro headphoneswith a retail price of $199.98. The digital to analog converter and headsets that are actually shipped and their retail pricing may change at any time without prior notification in the sole discretion of Crutchfield.

18 YEARS OR OLDER. We rent and sell only to adults, who may rent the products included in the Service with an accepted credit card. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen credit card payment method for the purpose of renting the Service as described in these Terms.

LIMITS. You acknowledge and agree that we may place limits on the rental of the Service, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals for any reason in our sole discretion, including but not limited to availability and geographic concerns. There is a limit of one rental per address at any one period of time, and rentals are limited to the 50 United States, Washington D.C., and Puerto Rico.

DELIVERY. All deliveries will be through Crutchfield's shipping partners, which may change from time to time at Crutchfield's discretion. The shipping method used will be at the discretion of Crutchfield.

COLLECTIONS. If you do not pay the amounts you owe to Crutchfield when due, then Crutchfield will need to institute collection procedures. You agree to pay Crutchfield's costs of collection, including without limitation reasonable attorneys' fees.

COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you.

RENTAL FEE. The rental fee ("Rental Fee") for the Service is currently $25 (twenty-five US Dollars) for your rental of the Service. When you place your rental order for the Service, you hereby authorize Crutchfield to charge your credit card for the Rental Fee. Crutchfield will charge your payment card the amount of the Rental Fee immediately upon the shipment of your rental order. In addition, at the time of your rental order for the Service, you hereby authorize Crutchfield to charge your credit card for an amount up to to 100% of the original retail value of the Product (when new) which is currently the sum of $199.98 ("Retail Value") plus applicable sales taxes, federal, state and local taxes, and other governmental assessments which shall be paid by you to Crutchfield in connection with your rental order; provided that Crutchfield will only charge your credit card for an amount greater than the Rental Fee as described below.

CANCELLATION POLICY. You may only cancel your rental order subject to the following cancellation fees and policies:

  1. If you cancel prior to the time that your order has been processed and shipped, there is no cancellation fee and you will receive a full refund issued to the credit card you used for the order.
  2. If you cancel after the order has been shipped you will not receive any refund.

RETURN PACKAGING. With delivery of the Products, Crutchfield will provide you with a pre-paid, pre-addressed UPS mailing label as well as instructions for your use in returning the Products to Crutchfield. The Products should be securely packaged in the original shipment box and taken to a UPS store located in the United States with the mailing label attached by 12 p.m. on or before the date that the Product is due.

RECEIPT OF THE PRODUCTS. Until signed delivery to Crutchfield, you bear responsibility for the Products.

USE OF THE PRODUCTS. You agree to treat the Products with care, and to return them in "like-new" condition. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, water damage, or any other cause. If you return a Product that is damaged or not in "like-new" condition, or missing any packaging or accessories, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.

RETURN OF THE PRODUCTS. You agree to return the Products to Crutchfield on or before the return date for the Products which is currently thirty (30) days after the product has been shipped to you. You must return the Product by delivering the Product in the Return Packaging to any official UPS collection point located in the United States by 12 p.m. on or before the date that the Product is due.

NON RETURN. If you return the Products late your late return will be considered a non-return and Crutchfield will charge your payment card for the full retail price of the Products. Crutchfield will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee and any taxes, in the aggregate, for any charges arising excluding collection costs. If you pay Crutchfield an amount equal to 100% of the Retail Value and you still possess the Product, the Product is yours to keep, though on an "AS IS" basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you.

LOST RETURN MAILING LABEL. If you lose the Return mailing label, you will be responsible for returning the item at your own expense by the expected return date, and providing Crutchfield with a tracking number.

LIMITED WARRANTIES. The following are the limited warranties Crutchfield provides in connection with Product rentals. Crutchfield's liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee.


Disclaimer of Warranties

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, CRUTCHFIELD DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE CRUTCHFIELD CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) ANY SOFTWARE THAT MAY BE PROVIDED BY CRUTCHFIELD, OR THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CRUTCHFIELD BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF CRUTCHFIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.

Intellectual Property. The Services, including any Crutchfield Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Crutchfield and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other Crutchfield service names or logos appearing on or through the Services are either trademarks or registered trademarks of Crutchfield and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Crutchfield and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.

Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Crutchfield Content, through the use of framing or otherwise.

GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of the Commonwealth of Virginia, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Albemarle County, Virginia, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

ENTIRE AGREEMENT. These Terms are the entire agreement between you and Crutchfield relating to the subject matter herein and shall not be modified except by Crutchfield in accordance with these Terms, or as otherwise agreed in writing by you and Crutchfield. No employee, agent or other representative of Crutchfield has any authority to bind Crutchfield with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Crutchfield may assign these Terms at any time without notice to you.

FORCE MAJEURE. Crutchfield will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Crutchfield's reasonable control.