Backpack Trade-In Program Terms and Conditions

Last updated: December 16, 2022

1. Overview

Subject to these Terms & Conditions, you may trade in a competitors used electrofisher, working or not, and receive a $500 credit towards the purchase of a new Smith-Root Backpack Electrofisher (discount for a reseller trade-in differs). Subject to these Terms & Conditions, you may trade in a used Smith-Root electrofisher, working or not, and receive a $500 credit towards the purchase of a new Smith-Root Backpack Electrofisher. In accordance with this Trade-In Program, the credit received is only available towards the purchase of a new Backpack Electrofisher, purchased directly from Smith-Root or through an authorized participating reseller.

This Trade-In Program is ongoing until further notice.

2. Trade-In Program Participation

The Trade-In Program is offered and administered by Smith-Root. 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. Smith-Root 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 Exchange / Recycle

To qualify for this Trade-In Program, take photos of your trade in and send them to info@smith-root.com along with the make, model and serial number. Smith-Root will instruct you on proper recycling as older units may contain mercury, lead and cadmium. You may trade in only one (1) unit under this Trade-In Program for each new Backpack Electrofisher you purchase.

4. Unit Ownership – Accepted Trade-In

By shipping your unit to Smith-Root, you agree to transfer title and ownership to Smith-Root. 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 Smith-Root. 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 Backpack Electrofisher.

5. Indemnification of Smith-Root

The Purchaser will be required, to specifically obligate itself to Smith-Root, 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.

6. 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 Smith-Root 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.

7. 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.

8. 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.

9. Venue

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