AVID Sales Terms & Conditions

Agreement to Terms of Sale

Thank you for placing your trust in AVID. By placing an order or making a purchase at the AVID web site, you agree to the terms set forth below along with AVID’s Privacy Policy and Terms of Use.

These Terms and Conditions of Sale (the "Terms of Sale") apply to the AVID web site located at www.Avidproducts.com (collectively, the "Site"). The Site is the property of AVID Products, Inc. ("AVID"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF SALE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

AVID reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Sale, at any time. It is your responsibility to check these Terms of Sale periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Unless otherwise specifically agreed to in writing by AVID, these AVID Terms of Sale shall apply to any and all orders placed by you for products of Avid on the AVID web site (the “Product” or “Products”).

 

Payment Terms

AVID reserves the right to change prices for products at any time, and to correct pricing errors that may inadvertently occur.  AVID accepts all major Credit Cards, prepayments with Checks, and Purchase Order Numbers.  If you are a tax-exempt customer, please provide us with a copy of Tax-Exempt Certificate. 

 

Order Acceptance/Confirmation

AVID may, in its sole discretion, refuse or cancel any order and limit order quantity. AVID may also require additional qualifying information prior to accepting or processing any order. Once we receive your order that was placed on avidproducts.com, we’ll provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify AVID’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. AVID reserves the right at any time after receiving your order to accept or decline your order for any reason. If AVID cancels an order after you have already been billed, AVID will refund the billed amount.
 

Shipping & Delivery

Since the actual delivery of your order can be impacted by many events beyond AVID’s control once it leaves our facilities, AVID cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery. 

AVID ships via FedEx, UPS, or USPS. The ship-to address cannot be a PO Box. Products shall be shipped EXW AVID’s facilities or inventory hub (Incoterms 2020) to a location designated by you and shall be deemed delivered to you when delivered to the transportation company at the shipping point. Unless otherwise agreed to in writing by AVID, all transportation charges and expenses shall be paid by you, including the cost of any insurance against loss or damage in transit which AVID may obtain at your written request.

AVID will make a reasonable effort to observe the dates specified herein or such later dates as may be agreed to by you for delivery or other performance, but AVID shall not be liable for any delay in delivery or failure to perform due to acceptance of prior orders, strike, lockout, riot, war, fire, act of God, accident, delays caused by any subcontractor or supplier or by you, technical difficulties, failure or breakdown of machinery or components necessary for order completion, inability to obtain or substantial rises in the price of labor or materials or manufacturing facilities, curtailment of or failure to obtain sufficient electrical or other energy supplies, or compliance with any law, regulation, order or direction, whether valid or invalid, of any governmental authority or instrumentality thereof, or due to any circumstances or any causes beyond its reasonable control, whether similar or dissimilar to the foregoing and whether or not foreseen. 

You agree that any delay in delivery or failure to deliver or perform any part of this Agreement shall not be grounds for you to terminate or refuse to comply with any provisions hereof and no penalty of any kind shall be effective against AVID for such delay or failure; provided, however, that if the delay or failure extends beyond six (6) months from the originally scheduled date either party may, with written notice to the other, terminate this Agreement without further liability for the unperformed part of this Agreement. 

 

Title and Risk of Loss

Subject to the security interest reserved to AVID, title and risk of loss and/or damage to Products shall pass to you upon delivery of the Products to the transportation company at the shipping point. Confiscation or destruction of or damage to Products shall not release, reduce or in any way affect the liability of you. In the event you reject or revoke acceptance of any Products for any reason, all risk of loss and/or damage to such Products shall nonetheless remain with you unless and until the same are returned at your expense to such place as AVID may designate in writing. All Products must be inspected upon receipt and claims filed by you with the transportation company when there is evidence of shipping damage, either concealed or external. 

AVID does not accept Cash-On-Delivery Orders. If the customer's order is large enough to require a truck, an AVID customer service representative will be in contact with a freight quote. 

 

Purchase Money Security Interest

AVID reserves a Purchase Money Security Interest under the Uniform Commercial Code in the Products and in the proceeds derived from such Products. You shall execute such documents as AVID may require, including, but not limited to: (i) a Security Agreement; and (ii) one or more Financing Statements. You agree and hereby appoints AVID as your attorney in fact to do, at the option of AVID, all acts and things the AVID may deem desirable to perfect and continue to perfect the Purchase Money Security Interest, including AVID's authority to file financing statements naming You as debtor and AVID as secured party without your signature in those states where such filings are permitted. These interests shall be satisfied by payment in full of the price.

 

Limited Warranty

AVID’s liability and the sole remedy under this warranty is limited to the applicable warranty period for the Product and to repair or replacement of items determined by AVID to be defective AVID shall have no liability under this warranty unless the procedures of the Return Policy are followed, including the issuance of an RMA.

AVID is notified in writing within sixty (60) days after discovery of the defect and the defective items are promptly returned to AVID, freight prepaid, and received by AVID. 

Only AVID products purchased by consumers directly from AVID or an authorized AVID distributor or reseller, carry our limited warranty. This limited warranty is extended only to the original end-use purchaser or the person receiving the product as a gift, and shall not be extended to any other person or transferee.

AVID warrants that this product, when delivered to you in new condition, in original packaging, from AVID and used in normal conditions, is free from any defects in manufacturing, materials and workmanship for the following periods from the date of retail purchase by the original end-use purchaser:

Headphones and headsets (exclusions below) – 1 year after date of purchase;
USB headphones and headsets – 6 months after date of purchase;
Personal headphones and headsets– 3 months after date of purchase;
Disposable headphones and earbuds – only the return policy applies;

Products may be discontinued at any time.

This warranty does not cover defects resulting from: improper or unreasonable use or maintenance; failure to follow operating instructions; accident; excess moisture; insects; lightning; power surges; connections to improper voltage supply; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures; loss of, damage to or corruption of stored data; damages caused by use with other products; product that requires modification or adaptation to enable it to operate in any country other than the country for which it was designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and products purchased from unauthorized dealers.

During the warranty period, we will, at our sole option, repair or replace (using new or refurbished replacement parts) any defective parts within a reasonable period of time and free of charge.

Shipping and insurance for good transportation from the customer to AVID, as well as import fees, duties and taxes, will be paid by the customer.

THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

Remedies for any breach of warranty are limited to those provided herein to the exclusion of all other remedies, including, without limitation, incidental or consequential damages. No warranty or agreement varying or extending the foregoing warranty and limitation of remedy provisions may be relied upon unless it is in writing and signed by the President of AVID. No representation or affirmation of AVID, whether by words or action, shall be construed as a warranty. 

 

Return Policy

If AVID determines that a Product is covered by the Limited Warranty, then you must return product, with proof of purchase, in accordance with the following procedures:

1.  Please click here to download the Return of Material Authorization (RMA) Request form or call 1-888-575-AVID to receive the form via email - 

2.  Fully complete the RMA form and submit via email to sales@avidproducts.com

3.  AVID will review request and contact you with any additional questions. Upon claim approval, AVID will issue you the required RMA # for return and processing.

4.  Follow instructions on RMA form for your merchandise return and shipping instructions.

5.  Label and ship the product, freight prepaid, to the address provided on the RMA form.

6.  Please ensure the issued RMA # is prominently on the shipping label as instructed. - Cartons not bearing an RMA number may be refused and cause delays in processing your claim.

All product must be unused in original packaging, in resalable condition and include all components including manuals, cables, earpads, etc within 30 days of purchase. All returns must be authorized by an AVID representative before returned and are subject to individual customer contracts and agreements and disclosures.

All returns are subject to a 15% restocking fee.

 

Limitation of Liability

LIMITATION OF LIABILITY AND CLAIMS. AVID’s AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE SHALL IN NO EVENT EXCEED THE AMOUNT, IF ANY, RECEIVED BY AVID HEREUNDER. IN NO EVENT SHALL AVID BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGES OF ANY KIND, HOWEVER CAUSED, OR ANY PUNITIVE, EXEMPLARY OR OTHER DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR PRODUCTS OR SERVICES FURNISHED BY AVID MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED. 

 

Confidentiality

All information, including quotations, specifications, drawings, prints, schematics, and any other engineering, technical or pricing data or information submitted by AVID to you related to any order for Products are the confidential and proprietary information of AVID; and you and your employees, agents or other parties for whom you are responsible may not disclose AVID’s confidential and proprietary information to any third parties, or use AVID’s confidential and proprietary information for your own account or that of any third party, except in the performance of the order.

 

Default and Termination

You may terminate this Agreement if AVID materially defaults in the performance of its obligations hereunder and fails to cure such default within sixty (60) days after written notice thereof from you. Such termination shall be your sole remedy in the event of a default by AVID. 

You shall be deemed in material default under this Agreement if you fail to perform any of your obligations hereunder, fails to pay any amounts when due hereunder, cancel or attempt to cancel this Agreement prior to delivery or refuse delivery or otherwise fail to perform any of your obligations hereunder or fail to pay AVID any sums due under any other agreement or otherwise. In the event of a material default by you, AVID may, upon written notice to you, (1) suspend its performance and withhold shipments, in whole or in part, (2) terminate this Agreement, (3) declare all sums owing to AVID immediately due and payable and/or (4) recall Products in transit, retake same and repossess any Products held by AVID for your account, without the necessity of any other proceedings, and you agree that all Products so recalled, taken or repossessed shall be the property of AVID, provided that you are given credit therefor. Exercise of any of the foregoing remedies by AVID shall not preclude exercise of any other remedy, and neither the existence nor exercise of such remedies shall be construed as limiting, in any manner, any of the rights or remedies available to AVID under the Uniform Commercial Code or other laws. 

 

Taxes

Unless expressly stated in AVID's invoice, the purchase price for the Products furnished by AVID excludes all governmental or brokerage taxes, duties, fees, charges or assessments. AVID may elect to add any such taxes, duties, fees, charges or assessments to the invoice amount payable to AVID by you. You must provide AVID with documentation acceptable to AVID of any exemptions claimed from taxes, duties, permits, fees, charges or assessments in advance. 

 

Indemnity

You agree to indemnify and hold harmless AVID and its vendors from any and all claims or liabilities asserted against AVID or its vendors in connection with the manufacture, sale, delivery, re-sale, or repair or use of any Product furnished under these governing Terms of Sale arising in whole or in part out of or by reason of the failure of you, your agent, servant, employee or customer to follow directions, instructions, warnings or recommendations furnished by AVID or its vendors in connection with such Products, or by reason of the failure of you, your agent, servant, employee or customer to comply with all federal, state or local laws and regulations applicable to such Products, or by reason of the negligence of you, your agent, servant, employee or customer. 

 

Entire Agreement

This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations, proposals, agreements and understandings, whether oral or written, relating to the Products to be purchased hereunder or otherwise relating to the subject matter of this Agreement. Any representation, warranty, course of dealing or trade usage not expressly contained or referenced herein shall not be binding on AVID. 

 

Attorney’s Fees

In the event of default in payment of the purchase price or any part thereof, you agree to pay AVID's expenses, including reasonable attorney's fees and expenses, incurred by AVID in enforcing payment thereof, including all expenses incurred in connection with any arbitration or judicial proceeding. 

 

Assignment

You shall not assign or transfer any rights or claims under this Agreement without the prior written consent of AVID, and any purported assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties.

 

Updated May 20, 2020

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