These Terms and Conditions of Sale ("Agreement") contain the terms and conditions that apply to every order, purchase, receipt, delivery, or use of any products or services from Freedom USA, Inc., dba AVADirect.com or any of its subsidiaries or affiliates (collectively "AVADirect"). When you check the box indicating you agree to be bound by the terms and conditions of this Agreement, you accept, and agree to be bound by, these terms and conditions. Any attempt to alter, supplement, or amend this Agreement or to enter an order for products(s) or service(s) that is subject to altered or additional terms and conditions will be null and void, unless otherwise agreed to in writing signed by both you and AVADirect. These terms and conditions are subject to change without notice at AVADirect's sole discretion.
- "We", "us" and/or "our" means Freedom USA, Inc., dba, AVADirect.com or any of its subsidiaries or affiliates (collectively "AVADirect").
- "You", "Your" and/or "Customer" means the individual(s) or entity/entities identified on the Order Confirmation.
- "Custom built product(s)" means all products that were assembled by AVADirect from third party components whether or not such components were modified by AVADirect.
- "Product(s)" include(s) "service(s)".
2. Payment Terms, Orders, Quotations.
Advertised prices are in US Dollars and, unless otherwise noted, exclude shipping, handling, and any taxes that may be imposed by the governmental authority of the jurisdiction in which you reside and/or work. Unless otherwise agreed to by AVADirect, your order is not accepted by us until your payment has been received by us in full. Until full payment is received, your order is not binding on us, and any price quotation from AVADirect is subject to change at any time without notice. We reserve the right to reject or cancel any order at our sole discretion. We reserve the right to prosecute fraud to the full extent of the law including but not limited to credit card fraud and check fraud. AVADirect is not responsible for pricing errors, typographical and other like errors and reserves the right to cancel any orders resulting from such errors.
Due to the unique nature of the above referenced custom built product(s), you specifically authorize us to charge the agreed price for said product(s) on your Visa card, AMEX card, MasterCard, Discover card, or other credit card, immediately upon receipt of the Payment Authorization Form signed by you.
We continually upgrade and revise our products and service offerings. AVADirect may revise and discontinue products at any time without prior notice to its customers. Upon customer's approval AVADirect may ship a substitute product that has the ordered product(s) functionality and performance, even though it may vary from other aspects of the ordered product. In accordance with industry practices, AVADirect uses only new components in its assemblies. The quoted AVADirect SKU numbers for AVADirect-branded hardware product(s) are of the quality specified by AVADirect on its website and conform in all material respects with the AVADirect product(s) specifications on the date such product(s) were shipped. Due to custom assembly some components may show minor wear and tear that does not affect the quality and performance of the assembled product.
4. Processing Times.
Processing times start upon payment authorization and do not include in-shipping transit period. We may encounter a defect or compatibility issues with hardware and/or software that the customer selected which may delay order processing. It is our responsibility to maintain direct communication with customer regarding any delays of which we are aware. We are not responsible for lack of communication from a customer which delays order processing. For a list of specific processing times refer to "Order Processing Info".
5. Shipping Charges, Taxes, Title, Risk of Loss.
Shipping and handling are additional charges unless otherwise expressly indicated at the time of sale. Shipping dates are best estimates. Customer is responsible for any duty taxes assessed by customs. Title to the product(s) passes to you and risk of loss passes to you when the product(s) are delivered to the address you designate. Loss or damage that occurs during shipping from AVADirect to customer by a carrier selected by AVADirect is the responsibility of the carrier. It is our responsibility to insure the shipped product and file claims with the insurer and/or the carrier should damage or loss occur. If you receive a shipment containing damaged product(s), or if you receive a shipment containing less than all product(s) you ordered, you must notify AVADirect and make a claim within five (5) calendar days of such receipt. After we confirm the validity of such claim, we will (a) in the case of damage or loss of product(s) during transit, file a claim with the insurer and/or the carrier, and (b) in the case of incomplete shipment that is our responsibility, ship the remainder of ordered product(s) to you. Unless you provide us with a valid, complete and accurate tax exemption certificate applicable to your purchase of product(s) and the product(s) ship-to location, you are responsible for sales and other taxes associated with the order.
6. Return Policy.
Custom built product(s) may not be returned and are non-refundable except if they were purchased within 30 days, do not work properly, or are in need of repair and are under warranty. After 30 days, custom built product(s) may be returned only for the purpose of repair under warranty. For products returned within 30 days a restocking fee of 15% will be applied. Modified components can not be returned.
You must contact us before you attempt to return such product(s) to obtain a Return Merchandise Authorization number (RMA number) for you to include with your return. The returned product(s) must be received by AVADirect no more than thirty (30) calendar days after your receipt of the product(s). You must return product(s) to us in the original packaging. You are responsible for properly packaging product(s) to be returned and for delivering the product(s) to the common carrier designated by AVADirect. You are responsible for risk of loss or damage, as well as shipping and handling fees, for a product(s) which you return.
You may request the return only of non-custom built product(s), i.e., component(s), within twenty-five (25) calendar days after you receive your product(s). All such returned non-custom built product(s) are subject to a thirty percent (30%) re-stocking fee, which includes but is not limited to costs associated with handling, storage and resale. Credit for such returned product(s) will be issued in the original form of payment within seven (7) business days after receipt and inspection of product(s). Original shipping, handling, delivery and associated fees are not refundable.
Information about return procedure can be found at "Warranties and Returns".
7. Disclaimer of Warranties.
AVADirect MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, HARDWARE OR PRODUCT NON-CUSTOM BUILT BY AVADirect. SUCH PRODUCT IS SOLD BY AVADirect AS IS. WARRANTIES FOR PRODUCTS NON-CUSTOM BUILT BY AVADirect, IF ANY, ARE PROVIDED EXCLUSIVELY BY THE ORIGINAL MANUFACTURER NOT BY AVADirect.
AVADirect MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN AVADirect's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE ORDER CONFIRMATION. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND AVADirect WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY AFTER AVADirect's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
WARRANTY MAY BE TERMINATED BY AVADirect WHERE MODIFICATIONS BY OR INCIDENTS (INTENTIONAL OR NON-INTENTIONAL) INVOLVING CUSTOMER CAUSING DAMAGE TO THE ORIGINAL CUSTOM BUILT PRODUCT ARE FOUND BY AVADirect UPON INSPECTION. ALL WARRANTIES COVERED HEREUNDER REQUIRE THE EXISTENCE OF AN ORIGINAL MANUFACTURE'S SERIAL NUMBER CERTIFICATE UPON THE PRODUCT. IF THE SERIAL NUMBER CERTIFICATE IS REMOVED, ALTERED OR IS OTHERWISE ILLEGIBLE, THEN ALL WARRANTIES ARE VOID AND PRODUCT REPAIR IS AT THE CUSTOMER'S EXPENSE.
AVADirect's warranty can be found here /Warranties">"Warranties and Returns".
With the exception of claims and/or disputes relating to returns of product(s) for credit, you and AVADirect agree that any claim, dispute, or controversy, between you and us, of every nature and description, whether in contract, tort or otherwise, whether pre-existing, present or future, including statutory, common law, intentional tort and equitable claims ("Dispute"), involving AVADirect, its employees, agents, successors, assigns, subsidiaries and affiliates, arising from, in connection with, or relating to this Agreement, its interpretation, or the alleged breach, termination, or questions as to the validity thereof, SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION under its rules then in effect. The arbitration will be limited solely to the claim, dispute or controversy between you and AVADirect. The arbitration will be conducted before one (1) independent and impartial arbitrator selected by the American Arbitration Association, or by agreement between you and AVADirect should the American Arbitration Association decline to select an arbitrator. The arbitrator will render his/her award in writing and will include the findings of fact and conclusions of law upon which the award is based. Any award of the arbitrator shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
WITH THE EXCEPTION OF CLAIMS AND/OR DISPUTES RELATING TO RETURNS OF PRODUCT(S) FOR CREDIT, YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED, OR GIVEN UP, THOSE RIGHTS AND HAVE AGREED TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
All arbitrations, under this Section, shall take place in the County of Summit, State of Ohio, or in your state, should we so agree. Customer waives any objection to venue, and consents to personal jurisdiction. Should you fail or refuse to reasonably cooperate in the arbitration process, you specifically agree and authorize us to proceed with arbitration in your absence.
You and AVADirect agree that any claims and/or disputes involving returns of product(s) for credit shall be determined in a court of competent jurisdiction in the County of Summit, State of Ohio, or in your state, should we so agree. Customer waives any objection to venue, and consents to personal jurisdiction. Should you fail or refuse to reasonably cooperate in such proceeding, you agree and authorize us to proceed in such court in your absence.
9. Limitation of Liability.
AVADirect DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SPECIFIED IN THIS AGREEMENT OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST WAGES, LOST REVENUES, LOST PROFITS, LOST BUSINESS, LOST DATA, LOST SOFTWARE OR HARDWARE, OR FOR DAMAGES FROM THIRD PARTY CLAIMS OR DAMAGES FOR PRODUCT(S) BEING UNAVAILABLE FOR USE, EVEN IF AVADirect IS ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. AVADirect's LIABILITY WILL, UNDER NO CIRCUMSTANCES, BE MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT(S) THAT IS/ARE THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH AVADirect IS RESPONSIBLE. AVADirect DOES NOT ACCEPT LIABILITY FOR ANY CLAIM BY A THIRD PARTY. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IN SUCH CIRCUMSTANCES THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Applicable law; not for resale or export.
You agree to comply with all applicable laws and regulations of the various states and the United States. You agree and represent that you are buying for your own personal or business use only and not for resale or export. AVADirect has separate terms and conditions governing resale of product(s) by you or other third parties. Contact the AVADirect Reseller Program to receive a copy of these terms and conditions.
11. Governing Law.
This Agreement and all sales hereunder shall be governed by the law of the State of Ohio, without regard to conflicts of law principles, and the United Nations Convention on the International Sale of Goods shall not apply.
12. Copyright Notice.
The AVADirect.com website and services related thereto are provided for your personal use only. Other than content that users disclose in accordance with the terms and conditions of this Agreement, most of the material on the website, including graphics, text, design, buttons, logos, images and icons, as well as the selection, assembly and arrangement of the website, is the sole and exclusive property of Freedom USA, Inc., dba AVADirect.com or its subsidiaries or affiliates, and is protected by U.S. Copyright and International Treaties. Users of the website and the services related thereto may not modify, reproduce, republish or distribute any material from the website in any form without the prior written consent of Freedom USA., Inc., dba AVADirect.com or its subsidiaries or affiliates, or the original copyright holder, including adapting the HTML code used to generate web pages or manipulating, deciphering, disseminating or reverse engineering any software that will compromise the website.