Terms & Conditions

Welcome to our Terms and conditions page! We know you're probably here by accident... so we've put a contact us button right at the top for you.

Spoke LLC accepts the following payment methods:

Fastest:

Visa, MasterCard, Discover.
PayPal, Google Wallet.
Money Order for local customers’ small orders under $1,000. Please make an appointment with your sales representative.

Slower:

Personal or Business Check. Orders will be processed and shipped after the receipt and clearance of check by our bank. Allow 7 to 10 business days.

Please note that multiple cash equivalent orders totaling more than $10,000 during any 12 month period may have to be reported on Form 8300. Thank you for respecting our fiscal integrity.

Purchase Orders with extended terms must be approved by our Credit Department.
No C.O.D. orders, please.
A $25 fee will be assessed for returned checks.

Sales pricing: payment methods

Payment by check, or wire transfer are required to take advantage of our current offers, please ask your sales technician for details. Credit Cards are accepted on select orders only. Discounts will vary.

Credit Card Authorization

Credit card issuers may place a temporary “authorization hold” on your account to verify that funds are available for a given purchase. In the event that the security code or billing address supplied by you does not match the records of your card issuer, the transaction will be voided and Spoke LLC will not accept your payment. However, the card issuer may take up to 7 days to release the funds back into your account. Please contact your credit card issuer for more information on their authorization policies.

General Terms and Conditions

Spoke LLC Purchase Agreement

Spoke LLC Purchase Agreement: By accepting delivery of any product delivered from Spoke LLC, you (“Customer”) agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Spoke LLC. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Spoke LLC.

Payment Terms on Orders

An order is not binding upon Spoke LLC until it is accepted. Spoke LLC must receive payment before it will accept an order unless otherwise previously agreed in writing. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card or some other method prearranged with Spoke LLC.

When credit terms have been established, Customer agrees to pay the amount due as specified on the invoice and agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Sales and Use Taxes

Spoke LLC is only required to collect sales tax on shipments to customers located in Alabama, Arkansas, Arizona, California, Colorado (partial), Georgia, Hawaii, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Vermont, Washington, West Virginia, Wisconsin, Wyoming.

Spoke LLC does not collect sales tax on sales made to residents of other states. Sales tax is charged based on sales tax legislation on the date of your completed sales transaction. If sales tax was not collected on your sale, you may be liable for Use Tax in your state. You are advised to consult with the Department of Revenue in your state to determine your sales or use tax obligations. This purchase is not exempt from sales or use tax in your state merely because it is made over the Internet or by other remote means. Many states where product purchases are taxable require purchasers to a) file a sales and use tax return or complete the appropriate section(s) on your annual income tax return reporting all purchases that are taxable in the state and for which no tax was collected by the retailer and b) pay tax on those purchases. Additional information on sales and use tax reporting and payment requirements can be found on the Department of Revenue website for your state. Information for shipments to Louisiana, Rhode Island, and South Dakota can be online at the following location: Use Tax Information.

Shipping Charges

Your total cost for purchase of any product will include shipping and handling charges.

Processing Time

You can expect your order to be processed within Three business days. Spoke LLC aims to ship your order within 5 days of order placement unless otherwise communicated.

If you need an item by a certain date, please check with your sales person regarding availability of the item and shipping options.

Back Orders

Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped. Estimated ship dates will be provided however please note that these dates are “estimates” and not guaranteed to arrive on that date.

Order Status

Spoke LLC will do everything possible to keep you informed of your order via e-mail. Your tracking number will be emailed to you once the item is shipped.

Change Orders

You may change your order, provided that your order has not yet been processed and shipped. If items have shipped the normal restock fee of 15% will apply. Please contact your sales person directly with any changes to be made and please have your order number available.

Shipping Policy

Spoke LLC and Spoke LLC vendors carefully inspect all shipments. Customers must inspect their shipments upon delivery prior to signing the release. Customers who will not be signing for their order when it is delivered, are responsible to see that the person signing has read and understands Spoke LLC Terms and Conditions.

Important

You or your receiving agent MUST check your order immediately for accuracy and possible concealed damage. Undiscovered damage claims not noted on the delivery receipt cannot be made with a carrier or Spoke LLC. NO EXCEPTIONS! When we ship we insure proper packaging. Protect your investment! It is your responsibility to check your shipment. Your signature on a shipping receipt is a legal release of claim for damage unless noted at the time of receipt.

An independent shipping contractor such as UPS, FedEx or a commercial trucking company will deliver the order. When the shipment arrives the driver will ask you to sign for the delivery. This is a legal document stating that the package is being delivered in good condition without damage and that the customer is waiving any additional claim from the shipper. Before signing, inspect the package(s) closely on all six sides. Note any box damage including scuffs, dents, tears, punctures or creases on the delivery receipt. If there is anything unusual with the package, the customer has the right to open it to inspect the contents. If the driver is unwilling to wait while you inspect all of the items, you may mark on the delivery receipt “Concealed Damage Possible”.

If there is damage to the shipment, then you must refuse the package and contact Spoke LLC immediately.

For Local Pickups

We are committed to your product satisfaction. If there is an issue with the image, image quality or other issues with product appearance they MUST be dealt with upon initial delivery. Spoke LLC is not responsible for replacing or refunding speaker pictures based on image quality or product appearance and any issues of such must be discussed during the pickup period.

Cancellation Policy

To cancel your order, please call during our normal business hours and speak with your sales representative or someone in our Customer service department. Provided your order has not yet been processed, and your credit card has not been charged there is no fee. If your order has already been processed and/or your card was charged, there is a 5% cancellation fee deducted from your refund. If any portion of your order has shipped, a 15% restocking fee will be deducted from your refund. The refund will occur within 48 hours of the receipt of the cancellation or the return of all products that have shipped.

Many of our products are custom built or special ordered. If you need to cancel an order for any of these products there is a cancellation fee, even if the item has not shipped. The cancellation fee will vary depending on the product complexity. If there was a discount given on an order, that amount will get deducted from the refund. For example, if your order had a free shipping discount we are not going to credit you for shipping charges. And we will not refund you for parts that were bought as part of a system or build.

Return Policy

Merchandise, except for products that were specially ordered and/or assembled for the customer, may be returned within 30 days of the receipt of the product.

Before returning items, it is necessary to contact customer support and fill out the Customer Return Form. The Customer shall be responsible for the return of any unused product and agrees to use only reputable carriers capable of providing proof or delivery and insurance for the value of the shipment.

You will receive a refund or credit towards your account, provided the merchandise is returned in the original packaging, in new and resalable condition with the original blank warranty cards, manuals, and all accessories. Spoke LLC requires at minimum 24 hours to inspect a returned item prior to issuing a refund or credit. If any component of the returned product is missing, the return procedure is breached and Spoke LLC may reject the return or may choose to impose additional charges for replacement of the missing component.

A 15% restocking fee will be charged for all returns. Custom built items, may be charged a higher fee depending on product complexity, and in certain cases are non-refundable. Shipping charges are not refundable.

Warranty Policy

Spoke LLC's One-Year Limited Warranty Policy applies to all devices and accessories that are manufactured by Spoke LLC (each, a “Product”), whether such Products purchased from Spoke LLC or from one of our authorized retailers or resellers. In addition, Spoke LLC offers an Extended Warranty Policy (in the United States only), which may extend warranty coverage on all such Products.

Spoke LLC is based in the U.S., and our warranty policy pertains only to products sold in the United States.

One-Year Limited Warranty Policy

Spoke LLC offers a one (1) year limited warranty (“Warranty”) on all Products. This Warranty is valid and enforceable only if you purchased a new Product from us or from one of our authorized retailers or resellers in a jurisdiction in which we sell Products and the Product was originally sold to you in its original, sealed packaging. Do not use a Product until you have read the terms of this Warranty.

Coverage. This Warranty is your exclusive remedy for defective workmanship or materials in your Product. Spoke LLCwarrants that the hardware will be free from manufacturing defects and, under its intended and ordinary consumer use, will function substantially in accordance with Spoke LLC's technical specifications or documentation (“Warranted Functionality”) for a period of one (1) year from the date your Product was delivered to you or picked up by you (the “Warranty Period”).

How To Start a Warranty Claim.

To get a Warranty claim started:

Contact Customer Care. Visit our Customer Care site. There, you’ll find specific instructions about how to begin a Warranty claim. Please have your order number, the Product serial number, and your proof of purchase handy.
Backup and Reset your Product. Before you ship your Product back to us for a Warranty claim, please remove any peripheral items that may be plugged into your Product, backup any content (including photos, videos, and software) and/or data on your Product, and factory reset it, if applicable. Visit our Customer Care for help performing these steps.
Prepare your Product for Shipment. Pack your Product in the shipping materials (e.g., a shipping box or shipping label) we provide you to deliver your Product back to us. Once we receive your Product, we’ll determine if it has a defect or malfunction covered by our Warranty.

If we replace your Product, we won’t transfer any content or data from your original Product to your replacement Product.

Warranty Service. If you start a warranty claim and we confirm that your Product does not perform according to its Warranted Functionality, we’ll replace, repair or refund it (in our discretion). If we replace or repair it, we’ll make sure it performs substantially in accordance to our Warranted Functionality. We may replace or repair it using new, refurbished, or remanufactured hardware and materials (in our discretion). If we replace or repair your Product, we warrant that the replacement or repaired Product will be materially free of faulty materials or workmanship for the remainder of your original Warranty Period or for 30 days after the replacement or repaired Product is delivered to you, whichever is later.

Transfer. This Warranty is solely for you as the end-user of your Product. You cannot assign or transfer this Warranty to anyone, including a subsequent purchaser, friend, or family member.

Items Outside of this Warranty. Except as expressly set forth herein, this Warranty does not cover (and Spoke LLC is not responsible for):

Excluded Products, which include (a) resold Products, (b) Products purchased outside the jurisdictions where Spoke LLC sells Products, (c) Products not purchased directly from us or one of our authorized retailers or resellers, (d) hardware or accessories not manufactured by Spoke LLC, even if bundled or sold with Spoke LLC hardware, or (e) software, (including the firmware and any applications installed on your Product), whether licensed from Spoke LLC or any third party, which may be covered by the applicable version of the Manufacturers software license.
Misuse of Products, which includes (a) damage to the Product or loss of the Product resulting from an accident, theft, improper storage, misuse or abuse, mishandling, neglect, physical or electric modifications, exposure to water or other liquids, exposure to moisture, exposure to extreme conditions (e.g., heat, dirt or sand), (b) use with an unsuitable product not sold or licensed by Spoke LLC (c) use with inadequate ventilation, (d) use by children under 14, (e) circumvention of our security mechanisms, (f) reverse engineering, (g) defects or damage from viruses or other software problems introduced into the Product, (h) defects or damage caused by unauthorized repairs, and (i) any other use that is not in compliance with the recommendations in this document, our online materials, related documentation, and other user materials made available to you. We presume any cosmetic damage (e.g., scratches) resulted from misuse, abuse, or failure to operate the Product as instructed.
Wear and Tear of Products, which includes damage resulting from normal wear and tear and normal depletion of parts (e.g., batteries) unless occurring due to defective workmanship or materials in the hardware of your Product. For example, only batteries that leak or exhibit fully charged capacity below a certain threshold of the actual rated capacity will be considered defective for purposes of this Warranty.

Voided Warranty. This Warranty will be void and your Product will be ineligible for authorized repair (even for a fee) if you (a) circumvent any of our security mechanisms, (b) resell your Product, (c) remove the serial number or any legal notices from the Product, (d) use the Product in violation of any laws or your agreements with us, or (e) violate the How to Start a Warranty Claim instructions in this Warranty or any instructions provided by our Customer Care team.

Disclaimer and Limited Liability. Nothing in this section will limit or exclude liability that cannot be limited or excluded under applicable law. For our International Friends, that means this section may not apply to you. Please refer to the special terms below for provisions that may apply in your jurisdiction.

YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY SPOKE LLC PROVIDES FOR THE PRODUCTS, AND THE ABOVE REMEDY IS YOUR SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOKE LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOKE LLC IS NOT LIABLE TO YOU: (a) UNDER ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), OR LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA), OR (b) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCTS OR THIS WARRANTY, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE PRODUCTS, WHETHER OR NOT SPOKE LLC HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOKE LLC’S TOTAL LIABILITY IN CONNECTION WITH THE PRODUCTS OR THIS WARRANTY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID SPOKE LLC, OUR AFFILIATES OR OUR AUTHORIZED RETAILERS FOR THE PRODUCTS.

If your jurisdiction gives you any implied warranty, then to the maximum extent permitted by applicable law, the duration of such implied warranty is limited to the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Any customer support we elect to provide is provided “as-is” and without warranty of any kind.

Your Rights. This Warranty gives you specific legal rights. You may also have other rights based on your jurisdiction. This Warranty does not affect the rights you’re provided by your jurisdiction concerning the sale of consumer goods. International Friends, see our special terms for more details.

No Modification. No employees or representatives of Spoke LLC (or its affiliates or any third party) are authorized to modify this Warranty. If any term of this Warranty is held to be unenforceable, the remaining terms of this Warranty will remain in full force and effect.

Repairs Outside of Warranty. If you purchased a new Product from us or from one of our authorized retailers or resellers and your Product is not covered by this Warranty, please contact our Customer Care team. While we cannot accept a return or exchange, we may be able to send you a quote for repairing your Product. Most importantly, we want to know what happened and make sure you’re happy with your experience. To that end, we reserve the right to keep your Product if you elect not to pay for a repair and we determine (in our discretion) the Product is a safety hazard or cannot be used as intended without repair.

No Insurance. This Warranty is not insurance and does not cover any perils (e.g., fire, theft or loss). At this time, we do not offer insurance. If you purchase a separate insurance policy for your Product from a third-party insurer, please coordinate reimbursement directly with the third party providing you insurance.

Product Listings

Spoke LLC product descriptions are not designed or intended to replace your personal product knowledge, experience and/or research or that of a professional installer.

Spoke LLC strives to be as accurate as possible in our product descriptions, compatibility references, information content, pricing, links and any other product information contained in or referenced on our site. However, occasional human error may occur and we therefore cannot guarantee that all product descriptions, specifications, pricing or any other content on the site is entirely accurate, complete, current, or that we are responsible for these errors. In the event that a product is listed at an incorrect price due to typographical, informational, technical or any other error, Spoke LLC at its sole discretion shall have the right to refuse or cancel any order for that product and immediately amend, correct or remove the inaccurate information. Moreover, all links on Spoke LLC’s website are intended only to provide visitors with assistance finding additional information and professional opinion; however, due to the fast pace of the industry, complex nature and personal subjective experiences, reviews can become outdated or less accurate over time or even at inception and should therefore never be the sole determinate in a purchasing decision, or, most importantly, a substitute for doing ones own product research. Please remember to consider, you, our valued patron, are ultimately responsible for any purchase decision.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statement of any other site that collects personally identifiable information.

Security

Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once the information is received through the Internet, trusted authorized employees will process your payment, and make sure that your information is handled with the highest level of security. Credit card information is not stored on our computers once an order is completed so you will be asked to provide your credit card information with each new order.

Privacy

Spoke LLC respects your privacy. We collect limited information to help us understand our website visitors and to process your requests. We share information only when it is necessary to fulfill a customer request (such as to ship an order or process a newsletter signup). We never sell your information. For details, please see our full Privacy Policy.

Website Cookies

Our site uses a third party service to match browser cookies to your mailing address. We then use another company to send special offers through the mail on our behalf. Spoke LLC never receives or stores any of this information, and our third parties do not provide or sell this information to any other company or service.

To opt-out of receiving our direct mail, you may send us an email at info@spoke-sound.com.

We will honor these requests, but please understand that it may take a number of days for such mailings to end.

Limitation of Liability

IN ALL CIRCUMSTANCES SPOKE LLC’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. SPOKE LLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. SPOKE LLC SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT SPOKE LLC IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Spoke LLC and Customer shall be governed by the laws of the State of Colorado, without regard to its conflicts of law rules. Specifically, the United Nations Convention on the International Sale of Goods shall not govern the validity, interpretation, and performance of this agreement. Spoke LLC and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Colorado, La Plata County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Spoke LLC that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Colorado law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

User Generated Content

By agreeing to the terms and service on our customer install of the month form, I hereby authorize Spoke LLC., to publish photographs that I have submitted to Spoke LLC., for use in Spoke LLC's company publications, including those that are printed, published online, or created in video form.

I attest that I have full authorization to consent to the publication of these photos, that I alone own the copyright. Further, I hereby release and hold harmless Spoke LLC. from any reasonable expectation of privacy or confidentiality.

I agree that Spoke LLC may use any submitted photographs that contain myself, my family or my solar installation, with or without my name and for any lawful purpose, including publicity, illustration, advertising, and web content. Spoke LLC will not publish the identity of any minor(s) pictured in the photographs provided, nor the address or exact location of the home (and will edit out any indications thereof, such as street signs or mailbox addresses shown in the photographs) although the name of the owner of the property may be identified.

All submitted photographs become the property of Spoke LLC.

Entire Agreement

These terms and conditions, together with Spoke LLC’s invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Spoke LLC and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Spoke LLC and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.