Audio Visual Xperts™, Inc. Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH AUDIO VISUAL XPERTS, INC. ("AVX"), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN). |
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and AVX. The Customer accepts this Sale Agreement by making a purchase, making a rental or placing an order. (References to "you" or "your" shall relate to the Customer; references to "AVX" shall relate to Audio Visual Xperts, Inc. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice.
This Sale Agreement constitutes the entire agreement between the Customer and AVX relating to the purchase or sale of goods or services. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold in writing signed by AVX. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting AVX at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN NEW CASTLE COUNTY, DELAWARE FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by AVX is AVX's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
Export Sales
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or licensed under this Sale Agreement exported from the United States by AVX were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or licensed under this Sale Agreement may not be exported or re-exported to Angola, Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under U.S. law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States.
General Legal Disclaimer
AVX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY AVX IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Third-Party Product and Y2K Disclaimer
All products sold by AVX are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, AVX makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, AVX reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome.
While AVX uses reasonable efforts to include accurate and up-to-date information on the Site, AVX makes no warranties or representations as to the Site's accuracy. AVX assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
AVX will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. AVX will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, AVX is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Professional Services / Learning Solutions
The services covered by this transaction are being sold, and any associated taxes, are being collected on behalf of AVX, Inc. solely in the capacity as an independent sales agent. The Service Provider is solely responsible for all services covered by this transaction.
By ordering the services requested from AVX, the Customer acknowledges and agrees:
AVX, Inc., and their affiliates are resellers of contracts for professional services, customized professional services and training and are not the providers of said services. The Service Provider is the only obligor responsible for providing services to the Customer. The Customer will look solely to the Service Provider for any loss, claims or damages arising from the purchase of such services, hereby releasing AVX, Inc., and their affiliates from any and all claims the Customer may have arising from the provision of any such services. AVX is merely acting to assist the Customer in obtaining the services desired by it and provided by the Service Provider. Customer agrees that upon cancelling an order within 30 days of the show date, there can be up to a 50% cancellation fee applied and 75% if cancelled with 10 days of the show. A 50% Deposit may be required to confirm your order.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), AVX's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Delaware. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon AVX until accepted by AVX. Terms of payment are within AVX's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. AVX may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your AVX account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to an address that can be verified according to our standards. In some circumstances, international shipping may be available. Call for details.
Return Policy
Please contact us 24 hours a day, 7 days a week at 866.557.2652 or e-mail our Customer Relations Department at customer.relations@avxperts.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product back to AVX. Returns may not be accepted without a valid RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and the reason for the return.
All products returned MUST be 100 percent complete and contain ALL original manufacturer boxes with the original UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment.
For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage . Please use a carrier that is able to provide you with proof of delivery.
If you receive damaged merchandise, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for AVX to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify AVX immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify AVX of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Contact Customer Relations at 866.557.2652 or your AVX account manager to arrange for carrier inspection and a pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to AVX within 30 days from the invoice date, at AVX's discretion for: credit, replacement, exchange or repair.
Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC code will ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply.
NON-DEFECTIVE returns can be accepted directly by AVX within 30 days from the invoice date, at AVX's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent restocking fee.
Due to manufacturers' policies, products from the following brands are accepted for repair only: Apple, Compaq, IBM, and Hewlett-Packard. AVX may not accept functional returns for exchange, replacement or credit. If you receive a unit that is inoperable FOR ANY REASON, you may contact us for information on warranty service through AVX, the manufacturer direct or any authorized service center in your area.
Additional manufacturers may be added to this list as: manufacturer policies change, manufacturers go out of business or in the case of specially ordered items.
AVX reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items.
Check payment policy
AVX will accept a cashiers check or money order on all COD orders. AVX will accept personal or business checks at our New Castle location, subject to verification. AVX will accept personal and business checks for prepay orders, but allow 10 business days for clearing.
Credit Cards
Credit card charges are not submitted until time of shipment unless otherwise arranged by Sales department. AVX does not apply any surcharge for credit cards.