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Reviewer Loan Liability Policy

(Revised 08/15/18)

As a high-end audio publication that does many audio reviews, Positive Feedback (hereinafter PF) must necessarily handle a number of high-end products that have considerable costs associated with them. In some cases those costs are extraordinary, even stratospheric. It is also true that while many expensive products are reasonably robust, others (e.g., phono cartridges, tube-based equipment) are fragile, and there is a higher possibility of breakage or damage. While our reviewers are careful with the review samples that are sent to them, nevertheless accidents may happen, even with the greatest care being taken by our reviewers. Tubes may suddenly fail, a roof may leak, a toddler might invade a listening room, or coffee might be spilled. Phono cartridges in particular are delicate devices, requiring exceptionally careful handling during setup, and accidents may occur. Amplifiers may oscillate, DACs may die, and cables may develop a short or lose a connector.

That's life.

Since no high-end audio publication could possibly accept the liability for equipment that is so expensive during the time that it is under review, it is PF's general policy that all review samples of any kind are to be considered “at risk” by the source company, and are considered by us to be the property and responsibility of the source company. All review samples must be insured by the source company against any form of accident, damage, loss, fire, theft, or acts of God. Source companies are assumed to carry commercial insurance for their property, wherever it is. Any such damage(s)/loss(es) will have to be covered by the source company as a normal “cost of doing business.” Source companies also agree to indemnify and hold harmless PF and its reviewers from any and all damages/losses associated with product reviews at PF.

Shipping damage, either to or from a reviewer, is to be handled directly between the source company and the shipper, of course.

Acceptance of this policy is prerequisite to acceptance of any review project by PF and its reviewers. If this policy is unacceptable to the source company, then the project possibility will be cancelled by PF.

Furthermore, and to be more specific, some audio companies have formal reviewer loan contracts that must be filled out before review samples will be sent to one of our reviewers. In addition, some companies have review loaner policies that attempt to place the burden of accidental damage or loss of components upon the reviewer/upon PF as a precondition to shipping review samples. In these cases, PF has requirements of its own that must be accepted by the lending company before the review shipment is sent to us, as outlined above. To repeat, these supersede any asserted policies of any company sending review equipment to PF. If our terms and conditions for review project liabilities are not acceptable by the lending company, then the review project will be declined by PF.

The following terms and conditions apply to any PF review project, and detail the general policy discussed above:

  1. All shipping and insurance costs both to and from the PF reviewer shall be paid by the lending company. PF will not pay for these costs and then be compensated; they shall be handled directly by the lending company and its shipper.
  2. All equipment loaned for review at PF shall be insured by the lending company during the entire term of the PF PF does not provide any insurance whatsoever for any products that are under review by its reviewers. It is the sole responsibility of the lending company to assure that its products are insured against any and all contingencies.
  3. The lending company agrees to indemnify PF and its reviewers against any and all loss or damage to products loaned for review, including electrical failure, fire, flood, physical damage, theft, or any other incidents, including acts of God.
  4. The lending company therefore agrees that all products shipped to PF reviewers shall be considered to be “at risk,” and shall act accordingly according to the provisions above. Any uncovered losses shall be considered to be part of the cost of doing business.
  5. PF's reviewers agree to handle all equipment with due care and protection.
  6. The lending company agrees to allow sufficient time for a PF review to be completed. This is normally 2-3 months, at a minimum, depending on the kind of project involved. (For example, turntables tend to take longer to review than a DAC.) This will be agreed to by the lending company and the PF reviewer before the review product is shipped.
  7. In the event that repair or replacement of a review sample is required, the lending company shall handle all costs, including said repair or replacement, and all shipping/handling/insurance costs. The Editor-in-Chief of PF shall be kept informed of such cases, so that the progress of the review may be tracked.
  8. All problems that occur during a review, or any questions about the application of this policy, will be referred to the Editor-in-Chief of PF, Dr. David W. Robinson ([email protected]). His decision will be final with respect to the continuation or termination of PF review projects. The lending company agrees to refer problems to PF's Editor-in-Chief, and to abide by any decision he makes regarding all PF review projects.
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