Warranty

This ARES Technologies’s Customer Agreement ("Agreement") is an agreement between Customer (defined below) and ARES (defined below) that establishes the terms and conditions under which Customer may use ARES Technologies’s products and service and/or using this website (defined below) for purposes of placing orders on all ARES products, including returning, claiming warranty and the delivery of product orders.

  

Definitions and Agreements to Terms

 (a) ARES. As used hereunder, “ARES” refers to ARES Technologies LLC, a California corporation.

(b) Customer. “Customer” refers to the user of the website and purchaser of ARES products.

(c) Website. “Website” refers to arestechnologies.com domain and any webpages created under arestechnologies.com domain including but not limited to the webstore, blog posts, products and services pages.

(d) Agreement. Customer’s use of ARES ordering service and/or the website constitutes Customer’s agreement to the terms and conditions set forth below. If Customer does not agree with all the terms and conditions of this Agreement, Customer shall not use the website or order product from ARES.

(e) Questions. If Customer has any questions or concern about this Agreement, the website or ARES ordering service, Customer may contact ARES by any means specified on this website before placing the order.

 

Order Policies.

(a) Placing Orders. Orders for ARES products may be placed via phone, fax, text, email, or this website.

(b) Order and Fulfilment Confirmation.  Upon placing an order for ARES products, ARES will provide an order confirmation that identifies the product Customer has purchased from ARES.  Upon fulfilment, ARES will provide the Customer a fulfilment confirmation that identifies the available product to ship along with the corresponding invoice(s)/cash sale form(s) and shipping and related tracking details for each order.

(c) Purchase Order and Other Terms and Conditions.  The invoice/cash sale form delivered with the fulfilment confirmation and the terms and conditions under this Agreement are the full and complete statement of agreement for Customer’s use of the website, ARES ordering services and purchase of ARES products and supersedes any previous or contemporaneous agreements, understandings or communications, whether written or oral, relating to the subject matter.  No purchase order or other document or communications issued by a Customer, will be effective to contradict, modify, delete from or add to the terms and conditions contained herein and the invoice/cash sale form related to an order.  Any express written acknowledgment of a purchase order or other order document required by a Customer will be solely for the purpose of acknowledging its receipt for processing the order. 

(d) Process Time. Orders are filled in the order they are received and orders requiring prepayment will not ship until payment has been received by ARES.  We strive to process all orders within one business day from receipt (Monday through Friday, excluding holidays).

(e) Cancellation and Order Change Policy.  All sales are final. Once an order has been shipped, no cancellations are permitted. “Additions” to an order after it has shipped, will be treated as a second order incurring additional shipping charges.

(f) Returns for product purchased directly from ARES.  Unless Customer are a B2C Customer and the governing law provides Customer with the right to return product and receive a refund, please note, ARES does not offer returns or exchanges.  Any product subject to return are accepted within 30 days of purchase date. Sold units will be inspected for any burnt components upon return, voiding all return claims where components are proven to be damaged by the buyer application. Returned units must be in re-saleable condition, in its original packaging, including all packaging materials and accessories. Customer is responsible for the fees and costs related to returning the purchased unit.

(g) Product Availability.  Customer orders or that portion of an order as may be available will be shipped from a single facility. If ARES is unable to ship all of an order from a single facility, ARES will either ship that portion of an order available from the single ARES distribution facility or ship as much of the order as is available from multiple ARES distribution facilities as may be approved in connection with each order or upon establishing Customer’s account with ARES.  Invoices/cash sale forms will correspond to each shipment, and multiple invoices/cash sale forms will be issued if an order is to be filled by more than one shipment.  ARES has no liability for any product that is discontinued, unavailable or out of stock.

(h) Repackaging and Rebranding. “Repackaging” or “rebranding” of ARES products is not allowed without ARES's written permission. All products must be sold in the original packaging. Alteration or removal of exterior packaging, interior packaging, or documentation is also not allowed and will void the warranty.

 

Shipping Policies.

(a) Shipping.  Unless otherwise requested, all orders will be shipped using freight carriers selected by ARES. Requests for air, or special truck handling may be arranged in advance. Requests for RUSH or overnight orders will be honored whenever possible. Additional costs, resulting from requested special handling or order processing are the responsibility of the Customer.  ARES does not guarantee same day shipping, or the performance of any contracted freight carrier. ARES is not responsible for any delay in delivery of the purchased products. In addition, any charges for RUSH or overnight orders will not be reimbursed once the product is shipped.

(b) Freight Terms. ARES ships purchased products worldwide and offer free shipping option throughout the U.S. including HI, AK & Puerto Rico.

(c) Risk of Loss. All orders are made pursuant to a shipment contract meaning that the risk of loss and title for such orders pass to Customer upon ARES’s delivery of the order to a shipment carrier. We encourage Customer to use the tracking information supplied in connection with the fulfilment confirmation and the ARES shipment confirmation email to track and retrieve shipments promptly.

 

Return and Warranty Policies.

(a) ARES Technologies Return Policy. At Customer’s expense, Customer may return a unit within the first 30 days after purchase, provided that: (i) Customer informs ARES Technologies in writing of Customer’s intent to return the unit and (ii) Customer obtains a merchandise authorization (“RMA”) number issued by ARES Technologies. Such return will constitute a Customer Refund Claim. All returned units will be inspected by ARES Technologies for compliance with ARES Technologies’s RMA Requirements (defined below). Customer acknowledges and agrees that any returned unit not meeting RMA Requirements will result the denial of Customer’s Refund Claim in its entirety. The return of any unit without Customer’s notification of return or without the issuance of an RMA will be an Unauthorized Return. Unauthorized Returns will neither give rise to a Customer Refund Claim nor Warranty Claim. All units that are returned as an Unauthorized Return will be held for no more than 45 days after ARES Technologies’s receipt of such unit. ARES Technologies reserves the right to maintain possession of any unauthorized returned unit, if after 45 days of ARES Technologies’s receipt of the unit, Customer neither arranges with ARES Technologies, (under terms satisfactory to ARES Technologies in its sole discretion), nor obtains an RMA for such unit from ARES Technologies.

(b) Returned Merchandise Authorization (RMA) Requirements. Returned units must be in original condition and must be accompanied by a Return Merchandise Authorization (RMA) number. Electrical parts are tested prior to purchase and if returned, all units will be inspected for burned components, physical damage and water damage. Returns will be processed in the order received and may have a greater handling time than order processing. The lifetime warranty and/or Customer’s Refund Claim shall be void if an item is returned with any signs of:

(a) burned components. 

(b) physical and/or water damage. 

(c) misuse, abuse, modifications, opened, tampered with, and/or used for any purpose not originally intended. 

(d) vehicle is involved in a collision. 

(e) security seal is removed, broken and/or damaged. 

Whether a unit is free of defect shall be determined by ARES Technologies in its sole discretion.

(c) Extended Lifetime Warranty. All sold units are fully tested, subject to all the conditions below, and covered by Extended Lifetime Warranty. The Extended Lifetime Warranty applies only to the original item purchased. The Extended Lifetime Warranty terminates immediately upon the removal of a unit from the vehicle in which it is originally installed. The Extended Lifetime Warranty is limited to the Customer only and may not be transferred to any other person. 

(d) Continuation of Warranty: Core Return Requirement. For certain sales, return of the original defective unit (the “Core”) by the Customer to ARES Technologies will serve as a condition for the activation of the Warranty. 

(e) Warranty Claim. A unit returned to ARES Technologies based on a Warranty Claim must be returned in its original condition and must be accompanied by a Return Merchandise Authorization (RMA).  Otherwise the return will be an Unauthorized Return. Unauthorized Returns will neither give rise to a Refund Claim nor Warranty Claim and units returned will be held for no more than 45 days after receipt. ARES Technologies reserves the right to maintain possession of the unauthorized returned unit if after 45 days after receipt by ARES Technologies of an Unauthorized Return; (i) the Customer has not made arrangements (satisfactory to ARES Technologies in its sole discretion) to possess the returned unit or, (ii) the returned unit is unaccompanied by an ARES Technologies-issued RMA number.

Electrical parts are tested prior to purchase and if returned, all units will be inspected for burned components, physical damage and water damage. Returns will be processed in the order received and may have a greater handling time than order processing. The lifetime warranty shall be void if an item is returned with any signs of:

(a) burned components.

(b) physical and/or water damage.

(c) misuse, abuse, modifications, opened, tampered with, and/or used for any purpose not originally intended.

(d) vehicle is involved in a collision.

(e) security seal is removed, broken and/or damaged.

(f) Alteration or removal of exterior packaging, interior packaging, or documentation.

No Refund Claims arising from a Warranty Claim will be issued by ARES Technologies for any unit returned by Customer and received by ARES Technologies after 30 days from the date of original purchase.

Whether a unit is free of defect shall be determined by ARES Technologies in its sole discretion.

(f) One Claim. Extended Lifetime Warranty claims are limited to only one claim and it only applies to the original item purchased. After one claim, the warranty is exhausted. Sold units will be inspected for any damaged components upon return, voiding all warranties where components are proven to be damaged by the buyer application. Warranty is also void if the item is misused, modified, used for any purpose not originally intended, vehicle is involved in an accident, or part is sold to someone other than the buyer stated on invoice, warranty is not transferable.

(g) Restocking Fee. If the unit is purchased in error or is damaged for any of the reasons mentioned before, a restocking fee equal to 20% in addition to  non-refundable programming fee, if the unit is programmed by ARES Automotive, may apply. Refusing to accept warranty exchange will be subject to our restocking fee policy.

(h) Warranty-related Shipping.  ARES expressly reserves the right to require a Buyer to return an alleged faulty/defective unit to ARES at the Buyer's expense for testing prior to replacement. NO replacement shall be issued until receipt of return. Shipping fees incurred by Customer in connection with returns or repairs that are not under warranty will be paid by Customer. 

(l) Warranty Applies to Original Purchaser Only.  The above Warranty extends only to the original end user purchaser and is subject to the warranty disclaimers in this paragraph and the “Limitation of Liability” section below. The Warranty covers only normal use of the products.  ARES shall not be liable under the foregoing Warranty if any damage or defect results from:

(a) misuse, abuse, neglect or improper shipping.

(b) disasters, such as fire or flood.

(c) service or alteration by anyone other than an authorized ARES repair agent.

(d) damages incurred through irresponsible use or other non-recommended practices.

(j) Limitation of Liability.  Neither ARES nor any of its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, suppliers or licensors (collectively, "ARES parties") shall be liable for compensatory,  indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of, or the inability to use, the website, ARES ordering service, or any products ordered hereunder.  Customer sole and exclusive remedy shall be limited to providing Customer with a repair or replacement, at ARES’s option, for any product that is returned and Customer right to discontinue Customer use of ARES ordering service and terminate this agreement. Liability is limited to the greatest extent permitted by applicable law.

 

Payment Terms.

(a) Payment Terms.  ARES orders require pre-payment.  Any other payment terms are subject to the unconditional personal guarantee of the Customer accessing the website and/or placing the order. 

(b) Taxes.  Any taxes applicable to the products furnished hereunder are not included in the price specified and shall be paid by Customer when due.

(c) Payment Means.  The preferred means of payment is via ACH (automated clearing house), BACS (bankers’ automated clearing services), Faster Payments and International Payments Service, although ARES will also accept payment via credit card (Visa, MasterCard, American Express, Discover), PayPal, business check and wire transfer.  Subject to applicable law, ARES reserves the right to charge the Customer all fees and costs realized by ARES to process PayPal, credit card, or wire transfer transactions. 

(d) Unpaid Balance.  Any unpaid balance shall be subject to a service charge of 1.25% per month, or the maximum permitted by applicable law, whichever is less.

(e) NSF/Returned Checks.  A Service charge of $40.00 USD (or foreign currency equivalent) will be charged on any returned checks. If two checks are returned for any reason, the account will be placed on prepay or cash only basis.  

(f) Costs of Collection. If a Customer fails to pay any amount when due, the Customer will reimburse ARES on demand for the full amount of any costs or expenses including, without limitation, attorney fees and disbursements, incurred by ARES in the collection of such overdue amounts whether resulting from litigation or otherwise.

 

Other Terms & Conditions.

(a) Privacy. Customer privacy is important to us. We will not share Customer information with any unaffiliated third-party except as required by law or as necessary to complete an order placed by Customer with ARES. To respect Customer privacy, all information collected on this website will be kept confidential by ARES and its affiliates and will not be sold, reused, rented, disclosed, or loaned unless Customer consent otherwise.  Please feel free to call or email ARES with any questions regarding our privacy policy.

(b) Electronic Communications.  By providing Customer email to ARES Customer consents to receive communications from ARES electronically. ARES may send occasional emails about changes to its website, ordering service or special product offers. If Customer would like to opt-out of receiving such emails, please send ARES an email stating that Customer do not wish to receive promotional communications. If Customer does opt-out, Customer will continue to receive non-promotional communications regarding the status of Customer orders or Customer’s account.

(c) License and Proprietary Rights, Copyright and Ownership.  All website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, ARES.  ARES consents that Customer may view, electronically copy, and print in hard copy portions of this website for the sole purpose of placing an order with ARES.  Any other use of materials on this website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of ARES, is strictly prohibited. Customer acknowledges that ARES and/or third-party providers remain the owners of such material and that Customer do not acquire any ownership or other rights by downloading copyrighted material. ARES reserves the right to revoke the foregoing consent at any time, and Customer use shall be discontinued immediately upon written notice from ARES.

(d) Trademarks.  All ARES logos, and all titles, characters, names and graphics are service marks, trademarks, and/or trade dress of ARES products are proprietary to ARES and may not be used for any reason without the express written consent of ARES. All other trademarks, service marks, product names, and company names or logos appearing in or on ARES products and on the website are the property of their respective owners and Customer does not acquire any ownership rights in such marks, logos, or names by using this website or ARES ordering services.

(e) Website Access.  Customer will provide all hardware, equipment and services and be responsible for all telephone, internet and other charges necessary to access ARES and the website. Customer agrees to comply with all laws applicable to Customer’s activities on the ARES website and with the terms of this Agreement. Customer hereby represents that Customer is an adult (18 years or older) and/or have the power and authority to enter into this Agreement and to perform Customer’s obligations hereunder.  Customer also acknowledge that from time to time ARES or this website may be inaccessible or inoperable for any reason, including, without limitation:

(a) equipment malfunctions.

(b) periodic maintenance procedures or repairs which ARES may undertake from time to time.

(c) causes beyond the control of ARES or which are not reasonably foreseeable by ARES.

(f) Username and Password.  Access to Customer’s account through the website is accomplished using a username and a password that will be issued to Customer upon registration.  Customer may not provide Customer’s password to any other individual or to any other individual party outside of Customer’s organization. Customer is solely responsible for any authorized or unauthorized access to Customer’s account by any person. Customers agree to bear all responsibility for the confidentiality of Customer’s password and all use or charges incurred in connection with the use of Customer’s password.  Customer agrees to notify ARES promptly of any unauthorized use of Customer’s password and Customer will remain liable to the greatest extent permitted by law for any use of the website or ARES ordering services until Customer notify ARES of the unauthorized use of Customer’s password.

(g) Customer Account.  Customer is responsible for, and agree to pay promptly, all charges to Customer’s account, including applicable taxes and purchases by Customer or anyone Customer allow to use Customer’s account and password to access ARES. Customer agrees and accept responsibility for keeping all Customer’s account information current, including billing and shipping address(es), payment information, telephone number, and email address(es). Customer can update Customer’s account information by contacting ARES. Customer agrees that Customer will not provide fraudulent information and that Customer is solely responsible for any information Customer provides to ARES and accept responsibility for all activities that occur under Customer’s account or password and for restricting access to Customer’s computer. Customer will comply with all laws applicable to Customer’s activities on the website and with this Agreement.

(h) Acceptable Use Policy.  To the greatest extent permitted by law, Customer is solely responsible for any and all acts and omissions that occur under Customer’s account or password, and Customer agrees not to engage in unacceptable use of ARES ordering services and the ARES website to:

(a) Disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email.

(b) Disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious.

(c) Disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any third-party.

(d) Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.

(e) Export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions.

(f) Interfere with, disrupt, or attempt to gain unauthorized access to other ARES accounts or any other ARES computer network.

(g) Disseminate or transmit viruses, Trojan horses, or any other malicious code or program.

(h) Engage in any other activity deemed by ARES to conflict with the spirit or intent of this Agreement.