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Terms and Conditions


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.

  • You must provide a delivery address.  In most cases, we cannot ship to a P.O. Box.
  • Alaska, Hawaii and some rural locations may require additional delivery time and additional charges.
  • 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.
  • Title passes upon shipment and risk of loss passes upon delivery by our carriers.
  • All shipments of equipment within the United States (including Alaska and Hawaii) are insured at no additional changes.
  • Don Andrews and Associates, Inc. is not responsible for shipping or other delays caused by events beyond our control.
  • Products offered by Don Andrews and Associates, Inc. are shipped as a domestic sale to the purchaser.
  • Title to product(s) passes from Don Andrews and Associates, Inc. to the Customer on shipment from Don Andrews and Associates, Inc.'s facility.
  • 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.

  • 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.
  • 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.
  • 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.
  • 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.
  • Items returned without prior approval and an RA# number will be refused.

Product Availability
Special o
ffers 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.

 

   

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