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For more information
on specific subjects, click on the following links:
Terms and
Conditions
Shipping Charges & Tax
Payment Terms, Orders, Quotes
Delivery Terms, Title, Damage Claims
Returns, Refund and Restocking Fee
Product Availability
Warranties
Service & Support
Duplication Rights Agreement
Limitation of Liability
Terms and Conditions
The following
terms and conditions govern the sale by Don Andrews and
Associates, Inc., dba AV MediaPlace, named on the invoice/packing
slip ("AV MediaPlace") that will be provided to the Customer on
orders for audio, video, and CD products, services, equipment,
and/or related products sold in the United States and abroad. By
accepting delivery of products/services described on that
invoice/packing slip, Customer agrees to be bound by and accepts
these terms and conditions. THESE TERMS AND CONDITIONS APPLY (a)
UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT OR CONTRACT WITH DON ANDREWS AND ASSOCIATES, INC. dba AV
MEDIAPLACE, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR
(b) UNLESS OTHER DON ANDREWS AND ASSOCIATES, INC. STANDARD TERMS
APPLY TO THE TRANSACTION. These terms and conditions are subject
to change without prior written notice at any time, in the sole
discretion of Don Andrews and Associates, Inc.
Shipping Charges and Tax
Prices shown do not
include sales tax or shipping and handling charges, if applicable.
Don Andrews and Associates, Inc. will collect from, and Customer
is responsible to pay for, sales and all other taxes associated
with the order, unless Don Andrews and Associates, Inc. is
provided a valid and correct tax exemption certificate prior to
order acceptance.
Payment Terms, Orders, Quotes
Don Andrews and
Associates, Inc. accepts VISA, MasterCard, and Discover, as well
as money orders and personal or corporate checks, and there are no
credit card surcharges imposed by Don Andrews and Associates,
Inc. Certified funds are required on equipment sold outside the
United States of America. Terms of payment are within Don Andrews
and Associates, Inc.'s sole discretion, and, unless otherwise
agreed to by Don Andrews and Associates, Inc., payment must be
received by Don Andrews and Associates, Inc. prior to Don Andrews
and Associates, Inc.'s acceptance of an order. Orders are not
binding upon Don Andrews and Associates, Inc. until accepted by
Don Andrews and Associates, Inc. Any quotations given by Don
Andrews and Associates, Inc. will be valid for the period stated
in the quotation.
Delivery Terms,
Title, Damage Claims
We ship promptly
based on product availability. Please call 1-888-275-7004 for
availability.
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You must provide a delivery
address. In most cases, we cannot ship to a P.O. Box.
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Alaska, Hawaii and some rural
locations may require additional delivery time and additional
charges.
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International shipments
including, but not limited to, Canada, the Caribbean, Virgin
Islands, Guam, and APO/FPO mailing addresses may require
additional delivery time and additional charges. Please call for
specific details.
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Title passes upon shipment
and risk of loss passes upon delivery by our carriers.
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All shipments of equipment
within the United States (including Alaska and Hawaii) are
insured at no additional changes.
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Don Andrews and
Associates, Inc.
is not responsible for shipping or other delays caused by events
beyond our control.
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Products offered
by
Don Andrews and
Associates, Inc.
are shipped as a domestic sale to the purchaser.
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Title
to product(s) passes
from Don Andrews and Associates, Inc. to the Customer on
shipment from Don Andrews and Associates, Inc.'s facility.
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Claims for damaged
merchandise should be filed with the appropriate carrier who
delivered said product(s).
Returns and Refunds
If you are not 100%
satisfied with your purchase, you may receive a prompt replacement
or credit, subject to the restrictions below, as well as the
discretion of Don Andrews and Associates, Inc. A 10% restocking
fee may apply. Original shipping expenses is not
refundable. All eligible
returns require prior authorization by Don Andrews and Associates,
Inc. Customer must call Don Andrews and Associates, Inc. at
1-888-275-7004 to first get a Return Authorization Number (RA#),
then return the item within 10 days (original shipping charges are
not refunded on returned products). After receipt and inspection
of the returned merchandise, credit or a replacement will be
issued.
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Blank media, blank
labels, product packaging, and non-equipment accessories are
guaranteed against manufacturing defects. These items may be
returned within thirty (30) days of your invoice date for
replacement, but not for refund. Item(s) being returned must be
shipped pre-paid in original, unmarked packaging by Customer to
Don Andrews and Associates, Inc., and received without damage.
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If you are not
satisfied with the quality of the product(s) ordered, you may
return the unused portion of your order within thirty (30) days
of your invoice date at which time an in-house credit for the
unused portion will be issued toward a higher grade of the same
product. Returns for product upgrade will be authorized at the
sole discretion of Don Andrews and Associates, Inc.
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Don Andrews and
Associates, Inc. cannot accept any returns on custom products or
issue refunds for custom services. This includes, but is not
limited to, custom printing, custom silk-screening, custom duplication,
replication or reproduction, personalized products, mastering, recording, and
digital editing or transfer services.
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Don Andrews and
Associates, Inc. cannot accept returns on any equipment.
Equipment purchased from Don Andrews and Associates, Inc. is
covered by the manufacturer’s warranty. Please consult warranty
information enclosed with the merchandise for proper warranty
procedures.
The return policies, restocking fees, and warranty policies of
the equipment manufacturer will prevail.
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Items returned without prior
approval and an RA# number will be refused.
Product Availability
Special offers
and promotions are valid while supplies last. Prices may
fluctuate; call for current pricing. Products may not be available
for immediate delivery.
Warranties;
Equipment
ALL PRODUCTS ARE WARRANTED AGAINST MANUFACTURING DEFECTS.
APPLICABLE WARRANTIES
ARE INCLUDED IN THE DOCUMENTATION ALONG WITH EQUIPMENT. DON
ANDREWS AND ASSOCIATES, INC. MAKES NO EXPRESS WARRANTIES EXCEPT
THOSE STATED IN THIS SECTION AND IN DON ANDREWS AND ASSOCIATES,
INC.’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF YOUR
INVOICE. DON ANDREWS AND ASSOCIATES, INC. RESERVES THE RIGHT TO
MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION. ALL
EQUIPMENT AND RELATED PRODUCTS ARE COVERED BY THE ORIGINAL
MANUFACTURER'S LIMITED WARRANTY. WARRANTIES, IF ANY, DO NOT COVER
DAMAGE FROM EVERY DAY WEAR AND TEAR, ABUSE OR FROM TRANSPORTATION
BY A COMMON CARRIER. WARRANTY ON EQUIPMENT REPAIR AND
SERVICE IS STATED AT THE BOTTOM OF THE
EQUIPMENT REPAIR PAGE.
Warranties; Services
ALL DUPLICATION SERVICES ONTO AUDIO CASSETTES, VIDEO CASSETTES,
CDs OR DVDs, ARE GUARANTEED TO BE EXACT REPLICAS OF CUSTOMER'S
ORIGINAL MATERIAL, AND ARE GUARANTEED TO FUNCTION MECHANICALLY
AS REQUIRED FOR APPROPRIATE USAGE. FAILURE TO PERFORM
CONSTITUTES A VALID CLAIM ON BEHALF OF THE CUSTOMER FOR MATERIAL
TO BE REPRODUCED AGAIN, IN WHOLE OR IN PART, AS THE NEED
DICTATES. WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF
DEFECTIVE PRODUCT OR DUPLICATE COPIES ONLY. WARRANTY DOES
NOT COVER ANY SUBSEQUENT EXPENSE OR CONSEQUENTIAL DAMAGES THAT
MAY HAVE OCCURRED AS A RESULT OF USE OF, OR FAILURE OF THE
DUPLICATED, REPRODUCED OR REPLICATED PRODUCT. PRINTED
MATERIALS ARE SUBMITTED TO THE CUSTOMER WITH A PROOF DERIVED
FROM CUSTOMERS ORIGINAL ART, OR FROM GRAPHICS CREATED PER
CUSTOMER'S INSTRUCTIONS. CUSTOMER MUST SIGN OFF ON EACH
PROOF SUBMITTED BEFORE PRODUCTION CAN BEGIN. EACH PROOF
SUBMITTED TO THE CUSTOMER INCLUDES ADDITIONAL DISCLAIMER
STATEMENTS TO WHICH THE CUSTOMER MUST AGREE IN ACCEPTING THE
PROOF COPY. FINAL PRINTED PRODUCT IS GUARANTEED TO CLOSELY
RESEMBLE THE APPROVED PROOF COPY.
Service and Support
Questions about a
purchase directly from Don Andrews and Associates, Inc. should be
directed to 1-888-275-7004 during the first 30 days from the date
of your invoice. Customer Service Representatives are available
Monday through Friday, 9 a.m. to 5 p.m. (Central Time). For
equipment products purchased from Don Andrews and Associates,
Inc., support is provided by the original manufacturer, not by Don
Andrews and Associates, Inc., and service offerings may vary from
product to product.
Duplication/Replication Rights Agreement
Prior to duplication
or replication of any media, Don Andrews and Associates, Inc. will
enter into an agreement with Customer. The following
items/requirements may be set forth in the agreement and is at the
sole discretion of Don Andrews and Associates, Inc.
• Customer has asked
Don Andrews and Associates, Inc. to duplicate certain materials
which are identified in agreement (the “Materials”). Don Andrews
and Associates, Inc. does not wish to become involved in the
duplication of any material without proper authorization.
•In consideration of
our agreement to duplicate the Materials on the terms set out in
the agreement (the “Duplication Agreement”) to be entered into
between Don Andrews and Associates, Inc. and Customer requires
that Customer warrants, represents, and agrees as follows:
1.
Customer represents and warrants to
Don Andrews and Associates, Inc. that:
a) the
duplication of the Materials under the Duplication Agreement will
not infringe any copyright, right of privacy, trade mark, patent,
trade name, performing right or any literary, dramatic, musical,
artistic, personal, civil, private, contract or property right, or
any other right of any person (the “Intellectual Property
Rights”);
b) the
Materials do not contain any libelous or slanderous material;
c) Customer
possesses the right, power and authority to enter into the
Duplication Agreement and to authorize Don Andrews and Associates,
Inc. to duplicate the Materials under the Duplication Agreement;
d) to
the best of the knowledge of Customer, no one owns or claims to
own (or has or claims to have) any interest in the Materials, or
in the Intellectual Property Rights in the Materials, which is in
conflict with any of the foregoing.
2. Customer
agrees to indemnify Don Andrews and Associates, Inc. and save Don
Andrews and Associates, Inc. harmless from and against all claims,
demands, actions, causes of actions, suits, proceedings,
settlements and judgments (the “Claims”) which may be made or
brought against Don Andrews and Associates, Inc., or which Don
Andrews and Associates, Inc. may suffer or incur, as a result of
or in respect of or arising out of anything which, if true, would
constitute a breach of any representation, warranty or agreement
contained on the part of Customer in this letter. If Don Andrews
and Associates, Inc. is made a party to any Claim, then Customer
agrees to pay all expenses and reasonable legal fees (on a
solicitor/client basis) incurred or paid by Don Andrews and
Associates, Inc. in connection with that Claim.
3. Customer
acknowledges that Don Andrews and Associates, Inc. will be acting
in reliance on Customer’s representations, warranties and
agreements contained in this letter and that Customer has received
adequate consideration for the execution of this letter.
• Customer will be asked to
confirm agreement by signing a copy of the agreement.
• Don Andrews and Associates,
Inc. reserves the right to alter the terms and conditions of the
Duplication/Replication Rights Agreement without prior written
notice.
Limitation of Liability
DON ANDREWS AND
ASSOCIATES, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES
SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING
AVAILABLE FOR USE OR FOR LOSS OR CORRUPTED DATA ON CUSTOMER
PROVIDED MASTERS DURING EDITING OR MASTERING, OR FOR CUSTOMER
PROVIDED MEDIA USED DURING THE DUPLICATION OR REPLICATION PROCESS.
DON ANDREWS AND ASSOCIATES, INC. 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. |