Warranty Overview

Each radio repair or restoration includes a 90-Day Warranty on our workmanship and replacement parts used to repair the radio.

Simon’s Vintage Radio Repair ships Freight On Board (FOB). Meaning that the carrier is responsible for any damage to the radio during shipping. Radios damaged during

shipping are not covered under our One Year Warranty.

All Services are subject to the Terms and Conditions stated below.

The following are the terms and conditions that apply to the repair (Repair) of the Radio (Radio) by Simon’s Vintage Radio Repair (Simon’s VRR). By placing a request for Repair of the Radio (Radio as referred to herein shall include all related parts and other items that have been delivered with this order), the Customer accepts and agrees to these terms and conditions. Any additional or different terms and conditions proposed by the Customer or set forth in the Customer’s request for repair, if any, will not be binding upon Simon’s VRR unless attested to in writing by an authorized representative of Simon’s VRR.

Terms of Service

Defects or discrepancies in or like objections to Repair must be reported to Simon’s VRR in writing within ten days after Customer receives the Radio or it will be conclusively presumed that the Radio repairs was as ordered and was received in good condition and is accepted.

Warranty & Simon’s VRR Extended Warranties

Simon’s VRR warrants the Repairs against defects in material workmanship relative to Service to Customer for a period of one year unless otherwise noted in writing. The warranty period commences at the date of shipment from the Repair Facility location. If the Repair, under normal use, is found to be defective within this period, Customer shall notify Simon’s VRR by email and wait for further instructions. Shipping back to Simon’s VRR of the defective Radio is at the customer’s expense. Upon receipt of the defective Radio, Simon’s VRR shall at its option, assess/accept/reject Warranty claim, correct the Service supplied, repair the Equipment, or make a price adjustment or credit the Customer’s account. Warranty does not cover any tubes.

Nonpayment or delinquent payment (10 days or more past the agreed terms) voids warranty. In cases of shipping damage, warranty does not apply. It is customer’s responsibility to contact the carrier promptly and register a claim. Concealed damage should be reported at once and claim made to the carrier in writing.

The warranty shall not apply to repairs or damage resulting from use by misuse, abuse, neglect, or use of the Radio for purposes other than that for which it was intended.

The foregoing is the sole and exclusive warranty and remedy regarding Repairs purchased by Customer and is in lieu of all other warranties and remedies, whether written, oral, implied or statutory. ALL WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED AND DISCLAIMED.

Simon’s VRR will not be liable for any loss or damage whatever by reason of its failure to discover, report, repair or modify latent defects inherent in the design of the Radio. WARRANTY WILL BE VOID IF PAYMENTS ARE NOT RECEIVED BY SIMON’S VRR BY THE TENTH DAY AFTER ANY AGREED UPON CREDIT TERMS EXPIRE.

Terms of Payment

Terms are C.O.D. from date of invoice unless otherwise stated. If credit terms (terms) are agreed to by Simon’s VRR, payments are delinquent one day after the terms expire. Payments not received by Simon’s VRR by the tenth day after the terms expire are subject to an initial late payment fee of 2.5% of the invoice total and 2.5% for each additional thirty days after the terms expire, but not exceeding the maximum lawful rate. Simon’s VRR reserves the right to change the terms at any time when, if in Simon’s VRR opinion, Customer’s financial condition or previous payment record so warrants.

Payment and Taxes

In addition to the price specified herein and transportation costs, the Customer is responsible for paying the gross amount of any sales tax, use tax, property tax, excise tax, value-added tax or other similar tax applicable to the Repair or delivery of the Radio or its use by the Customer. In lieu thereof, the Customer has the responsibility to furnish Simon’s VRR, in advance, with a tax exemption certificate acceptable to the taxing authorities.

Shipment

All quoted prices are F.O.B. the Simon’s VRR supplying location from which shipment is made. Delivery and shipment charges are payable by Customer. The Radio will not be sent and must not be returned by U.S. Mail. Simon’s VRR shall ship in accordance with Customer’s shipping instructions. In the absence of specific instructions, or if Customer’s instructions are deemed unsuitable, Simon’s VRR reserves the right to ship by the most appropriate method. Simon’s VRR shall not be liable for delays in delivery due to causes beyond its reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or non-delivery by Simon’s VRR suppliers. Risk of loss of the Radio passes to the Customer at the time of delivery to a common carrier at the F.O.B. point.

Prices

Simon’s VRR reserves the right to change prospectively the published prices, discounts, terms and product availability at any time without prior notice. Simon’s VRR shall retain a security interest in the Radio serviced until the purchase price, plus any interest incurred, is paid in full.

Limitation of Liability

Simon’s VRR liability on any claim of any kind (excluding death and bodily injury), whether based on contract, warranty, tort (including negligence), strict liability of service or otherwise, for any loss or damage arising out of or connected with or resulting from the supply of the Radio hereunder, shall in no case exceed the price paid by Customer to Simon’s VRR for such Service or Equipment.

In no event, whether in contract, warranty, tort (including negligence), strict liability or otherwise, shall Simon’s VRR be liable for special, incidental, exemplary or consequential damages, including but not limited to, loss of profits or revenue, loss of use of any property, business interruption, loss of stored data, downtime costs, costs of substitute repairs, or claims of the Customer for such damages.

Defaults

If Customer defaults in its obligations hereunder or with respect to the Radio Service, Customer agrees to pay Simon’s VRR for all costs and expense incurred by Simon’s VRR in recovering any money due, and enforcing its rights hereunder. Simon’s VRR shall be entitled to recover its legal fees and expenses whether or not formal legal action is instituted.

Notices

Any required notices shall be given in writing at the address of each party set forth or to such other address as either party may substitute by written notice to the other.

Assign Ability

Neither party may assign or transfer any rights, duties or obligations herein without prior written consent of the other, nor any purported attempt to do so shall be null and void.

Government Procurement

No U.S. government procurement regulation shall be included hereunder or be binding on either party unless specifically agreed to in writing and expressly incorporated herein.

Errors

Stenographic, typographic and clerical errors are subject to correction.

Applicable Law

The laws of the State of California govern the validity, interpretation and enforcement of this agreement.