Apex Backpack Trade-In Program Terms and Conditions

1. Overview

Subject to these Terms & Conditions, you may trade in your used Smith-Root, Inc. (SRI) manufactured, or other North American or European manufactured Operational Backpack Electrofisher (OBE) and may be eligible to receive a $1000 credit from SRI; an OBE is defined as a unit meeting the eligibility requirements in Section 4, below.

In accordance with this Trade-In Program, the credit received is only available towards the purchase of a new APEX Backpack Electrofisher, purchased directly from SRI or through an authorized reseller.

2. Trade-In Program Participation

The Trade-In Program is offered and administered by SRI. You must be at least eighteen (18) years old to participate in the Trade-In Program. The Trade-In Program cannot be combined with any other promotions, discounts or offers. SRI reserves the right to substitute, change, cancel or add to any part of these Terms at any time, including terminating the Trade-In Program or modifying these Terms. We reserve the right to decline or cancel your participation in the Trade-In Program, with or without advance notice, if we believe that your participation is in connection with a fraudulent or illegal activity.

3. Unit Evaluation

To qualify for this Trade-In Program, place an order for a new APEX Backpack Electrofisher and send in your used OBE for evaluation; the Purchaser shall bear the cost of shipping the OBE to SRI for evaluation. Within five (5) business days following receipt of your OBE, an SRI technician will notify you in writing, if your unit meets the eligibility requirements herein; see Section 4, below, for further details. If your OBE meets the eligibility requirements, SRI will notify you regarding the anticipated shipment date for your new APEX Backpack Electrofisher.

If your unit does not meet the eligibility requirements as stated in Section 4, below, then you may proceed with the transaction accepting the standard Trade-In value of five hundred dollars ($500.00) credit, or cancel the trade-in and/or your purchase. If you decide to cancel the trade-in, you may choose to have your unit returned to you and bear the cost of return shipping. You may trade in only one (1) unit under this Trade-In Program for each new APEX Backpack Electrofisher you purchase.

4. OBE Definition & Eligibility Requirements

A Trade-In Backpack Electrofisher qualifies as an OBE if it meets ALL of the following, with no exceptions:

1. Powers on;
2. Has a functioning display;
3. Is fully operational;
4. Has a valid and intact serial number;
5. Has no breaks or cracks or other visible defects that go beyond normal wear and tear;
6. Is not on a black list of any kind; and
7. You represent and warrant that you have the legal right to sell all items you submit for trade-in using the Program, that the items are not counterfeit or stolen, and that your submission of them complies fully with the Program Terms.

5. Unit Ownership – Accepted Trade-In

By shipping your unit to SRI, you agree to transfer title and ownership to SRI if your unit meets the eligibility requirements as stated in Section 4, above, or if your unit qualifies for the standard Trade-In as stated in Section 3, above and you elect to accept the standard Trade-In value.

You disclaim any and all right, title or interest in and to the unit, including the right to sell, dispose of, or otherwise collect, where applicable its value. You should ship only the unit to SRI for evaluation. Discard accessories you no longer need in accordance with your local trash and recycling regulations prior to shipment. No trade in value is offered for any item(s) provided other than the unit. The Trade-In credit offered herein has no cash value and must be used towards the purchase of a new APEX Backpack Electrofisher.

6. Indemnification of SRI

The Purchaser will be required, to specifically obligate itself to SRI, jointly and severally, to indemnify them against and save them harmless from any and all claims, suits or liability for damages to property including loss of use thereof, injuries to persons, including death, and from any other claims suits or liability, to the extent caused by negligent, reckless or intentionally harmful acts or omissions of the Purchaser or any of its officers, agents, employees or servants.

7. Severability

The partial or complete invalidity of any one or more provisions of this Trade-In Program shall not affect the validity or continuing force and effect of any other provision. The failure of either you or SRI to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Trade-In Program, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right as respects further performance.

8. Choice of Law

This Trade-In Program shall be governed by and construed and interpreted in accordance with the laws of the State of Washington, without reference to principles of conflict of laws.

9. Dispute Resolution

Any dispute or claim that arises out of or that relates to this Trade-In Program, or to the interpretation or breach thereof, or to the existence, scope, or validity of this Trade-In Program or this arbitration agreement, shall be resolved by binding arbitration, by filing a claim with a mutually agreed upon arbitration service in the State of Washington, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

10. Venue

All disputes in relation to this Trade-In Program shall be venued in a court with competent jurisdiction in the State of Washington.