Other than as specifically provided in any separate formal purchase agreement between you (the customer) and Next Acoustics/AcousDecor (the Seller), these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at www.nextacoustics.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Next Acoustics/AcousDecor.
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon the Seller until accepted by the Seller. Next Acoustics/AcousDecor reserve the right to refuse service to anyone. The Seller will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
All foam dimensions are quoted +/- ¼”. Payment terms are prepayment via cash, check or credit card or unless otherwise approved in advance by the Seller. If approved for credit, standard terms are to be Net 30 days. Credit is only granted with submittal (and approval by Seller’s credit department) of verifiable credit information.
If any payment is not received by the due date listed in the terms, then the account will be placed on credit hold. No further orders will be taken and any pending shipments will not be released until the account is brought back to current status. If any account with an open balance is 90 days past due, open account terms will be discontinued immediately. No current or future orders will be processed unless payment has been received, or a payment plan has been agreed to. Future order will then be processed only with 100% cash-in-advance payment.
All sales are final except in the case of manufacturing defect. Seller does not accept returns. Refunds or credits are solely at the seller’s discretion and are always subject to a 30% restocking fee. Seller reserves the right to refuse to sell to anyone seller deems unsuitable. All dealer applications are subject to seller’s approval. Seller reserves the right to terminate this agreement at any time. Seller requires a non-refundable deposit or payment in advance on all custom orders. Custom orders are non-returnable.
NEXT ACOUSTICS/ACOUSDECOR DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, NEXT ACOUSTICS/ACOUSDECOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.
These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Indiana as those laws are applied to contracts entered into and to be performed entirely in Indiana, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Marion County, Indiana, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. Customer agrees to hold seller and its agents harmless with regard to any and all liabilities related to the use or misuse of seller’s products.
Customer agrees to pay any and all attorney’s fees, collection fees, and expenses incurred by Next Acoustics/AcousDecor to collect unpaid balances and agrees that the courts of the State of Indiana shall have jurisdiction over all suits necessary
All shipping charges are prepaid and billed by the seller. Shipping on customer’s accounts is not available. No COD shipments. If a customer receives product that has been damaged in shipping, it is the customer’s responsibility to file a claim with the shipper.
If a product needs to be returned for any valid reason, a Return Authorization (RA) number must be assigned before return shipment. Any product returned without a valid RA number will be refused.
All terms, conditions, specifications, and prices are subject to change without notice.
We work very hard to ensure your product and our service meets your expectations, but on the rare occasion that a problem arises, you may contact Next Acoustics/AcousDecor through the Contact Us page. Next Acoustics/AcousDecor is committed to resolving disputes within a reasonable time frame.