Terms and Conditions

Interpretation: As used herein, “we”, “us” and/or “our” shall mean AV-Worx. "You" or “your” shall mean the person, firm, body, or company who purchases products or services supplied by us. “Goods” includes any services, hardware, and software along with any additional equipment sold or delivered to you by us. “Writing” includes facsimile transmission and electronically transmitted data. This Standard Terms and Conditions for Sale (“agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery, or use of any products from us. Any variation to these Conditions must be agreed in writing between you and us.
Installation Limited Warranty: We provide a one-year installation warranty that covers your Goods installed at the original service location purchased from us. This warranty covers the cost-of-service calls and installation labor on eligible systems relating to issues with the hardware installed by AV-Worx; it does not cover the cost of replacement equipment/parts unless those parts are within their 1-year warranty period and still under warranty from the manufacturer. This original warranty is active for a period of one year from the installation date. We charge a Product Warranty Processing Fee of $150 to cover the shipping/handling costs and administration costs of any product returns from 31 days to 365 days from the invoice date. This warranty is non-transferable. This warranty does not cover the cost of service calls on equipment not purchased from us, nor equipment not purchased in conjunction with this warranty. Any appointments missed by the customer in conjunction with this warranty will be subject to service call charges. If it is determined that equipment must be replaced or repaired to return the system to its original operating condition, the replacement equipment/parts are not covered by this warranty and will incur service call and labor charges. Third-party services and troubleshooting of these services are not covered by this warranty including but not limited to: high voltage electrical wiring, cabinetry, and service connections provided by others (such as cable, telephone, internet providers). Equipment failure related to media cabinets not providing adequate ventilation to dissipate the heat of electronic equipment is not covered by this warranty. This warranty does not cover loss of service resulting from misuse, negligence, abuse, accident, alteration, unauthorized repair, improper maintenance, lightning, high winds, overgrowth from trees or other plant life, acts of God, or other similar causes. We do not warranty any parts, but standard manufacturer warranties do apply. If you hire anyone other than AV-Worx to work on the system that AV-Worx installed, it will void the AV-Worx 1-year limited warranty.
Standard Business Hours: Monday through Friday, 8:00 AM to 5:00 PM
Standard Labor Rates: Unless otherwise specified in the order information section our labor rate is $150 per hour.
After-Hours and Holiday Fee Schedule:

Monday-Friday, 5:01 PM to 7:59 AM: Time & ½
Saturdays & Sundays, all day: Time & ½
Normal Holidays, all day: Double Time & ½
Normal holidays include: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas day, unless otherwise specified by Us.

Payment: Unless otherwise stated in our quotation, we require a hardware deposit of 100% of all hardware associated with your purchase. Remaining balances for Labor, Services, applicable taxes, and shipping will be invoiced and due upon receipt. Payment methods accepted by us are cash, check, wire transfer, Visa, MasterCard, American Express, and Discover. Remaining balances are due upon receipt of the invoice. If you fail to timely pay our invoice(s), we may, without prejudice to any other rights or remedies: (a) withhold shipments of goods or the performance of additional services, (b) demand the return of previously shipped goods; (c) institute new payment terms; (d) terminate any purchase orders or supply agreements, and/or (e) institute suit for legal or equitable relief. You agree to pay interest on overdue invoices at the lesser of 1 and ½ % per month or the highest monthly rate permitted by law. If you fail to make any payment as required, you agree to indemnify us for all costs and expenses, including reasonable attorneys’ fees, court costs, and associated expenses incurred in connection with our collection efforts. All costs associated with the bank transfer shall be paid by you. Title in the goods shall be retained by us until all sums due on any account from you to us have been received by us. Until ownership in the goods passes to you, we may require you to deliver the goods to us and, if you fail to do so immediately, we may enter any premises where the goods are reasonably thought to be stored and repossess the goods. If we recover the goods we may resell the goods. If the proceeds of sale are more than the amount due to us from you, we may use the balance to pay the costs of taking possession and selling the goods. If on resale the proceeds of sale are less than the amount due to us, we may recover the shortfall from you. You will not assign, factor, or charge any of the goods or any invoice for the goods which remain our property. If you do, then all monies owed by you to us shall become due and payable immediately. If you pay with a credit card, we reserve the right to charge a non-refundable 3.5% credit card processing fee.
Your Responsibilities: You shall: (a) provide Us with specific and detailed information concerning the problem, and reasonable access to hardware in question; (b) make available to Our employees test time on electronic systems sufficient for Us to provide the Service; (c) appoint one individual who shall have authorization to act as project manager and/or a liaison between You and Us; and (d) in general, provide all information, access, and full, good faith cooperation reasonably necessary to facilitate the Service. If you fail or delay in your performance of any of the foregoing, AV-Worx shall be relieved of Our obligations hereunder to the extent such obligations are dependent on such performance.
Your Guarantee: You are responsible for guaranteeing that only personnel duly authorized by Us may work on, update, install additional equipment or do any hardware replacement on all items provided by Us. You understand that all unauthorized work, installations, or updates on any of the Goods supplied by Us during the Term of this warranty period can result in the loss, suspension, and or termination of the coverage on the involved equipment and will be charged standard Labor rates for any needed work and current retail price for all materials and parts costs from then on.
Employment/Solicitation of Our Employees: You agree that, under no circumstances, will you seek to employ or solicit for employment the employees and/or independent contractors of AV-Worx during the Term of the service with AV-Worx and for two years thereafter. You acknowledge that AV-Worx employees are subject to a Non-Compete Agreement and Confidentiality Agreement with Us and that any breach of this provision by you will result in irreparable injury to Us and that We may seek any and all available remedies for a breach of this provision including, but not limited to, injunctive relief, damages, attorney’s fees, and costs.
Term; Termination: We may terminate this Agreement at any time upon your breach of any of the provisions hereof. Upon early termination of this Agreement, if You have prepaid any service charges, you are not entitled to any refund thereof, and if You have not prepaid service charges, you agree to pay to AV-Worx the service charges, fees, and expenses incurred through the date of such early termination plus any service charges and fees relating to the original remaining period of this Agreement.
Delivery: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. All delivery is F.O.B. shipping point unless otherwise indicated. Losses and damages during shipment are the responsibility of the buyer. Any dates for delivery are approximate only and we will not be liable for the consequences of any delay in delivery. You shall have the responsibility to obtain and pay for insurance and negotiate with the carrier and/or insurer in the event of wrong delivery, loss, or damage, even if you have secured insurance at your request. You must notify us, in writing, of any freight damage claims within 24 hours from the date of receipt of equipment. Freight claims received by us after the said time frame will not be accepted. Our liability shall in any case be limited to the price of the goods not delivered. Risk of damage or loss of the goods shall pass to you on delivery to your premises.
Customer Cancellations:

Cancellation Policy: You may cancel your order within 14 days of placing it for a full refund, provided no services have been rendered and the goods have not been shipped. If the goods have been shipped, you will be responsible for any shipping costs plus restocking fees.
Service Cancellations: For services scheduled but not yet performed, you may cancel up to 48 hours before the scheduled service without incurring any charges. Cancellations made within 48 hours of the scheduled service will be subject to a cancellation fee equal to 25% of the service cost.
Special Orders and Custom Products: Orders for special or custom products cannot be canceled once production has begun. These include, but are not limited to, displays, TVs, Video Wall Processors, screens, custom cases, lenses, and other non-stock items.
Refund Process: Refunds for canceled orders will be processed within 10 business days from the date of cancellation. Refunds will be issued to the original payment method.

Returns: We are unable to accept returns on lamps that have been opened or used. Special Order items or customized items are non-returnable and non-refundable. Special order products include but are not limited to: displays, TVs, Video Wall Processors, screens, custom cases, lenses, and other non-stock items. Custom screens are non-returnable. Any Services performed by AV-Worx in conjunction with hardware are non-refundable. For all returns, contact your AV-Worx's Sales Representative at 866-428-9679 before the thirtieth (30th) day. If you have already submitted the RMA and have questions, contact AV-Worx’s Customer Service at 844-428-9679.
Condition of Returned Items: All returned items must be in new and resalable condition and meet the following criteria:

DO NOT WRITE ON THE BOX. If the box is written on, the returned products will be refused. DO NOT black out or deface manufacturer bar codes and/or labels such as serial numbers; in the event you need a replacement box we will automatically deduct the associated cost from your credit or generate an invoice.
You must return the item(s) to us insured for full value. All returns require the original packaging, documentation, blank warranty card, original UPC codes on the manufacturer boxes, and all manuals and accessories. IF any of these items are missing you will NOT be issued a refund.
You will be charged a restocking fee. You will be refunded your purchase price less a 25% restocking fee.
Any hardware that has been opened or used is ineligible for return.
Include all accessories in their original wrapping/packing material. The actual replacement cost for missing items will be deducted from your refund/credit.
Include all manuals, warranty/guarantee information, and instructions. The actual replacement cost for missing items will be deducted from your refund/credit.
Customer pays shipping costs and must insure the package for the purchase value. Acceptable shipping carriers are UPS, Fed-Ex, DHL. Do not send return merchandise via regular mail; it will be refused. Products returned by Post regular mail will not be credited or exchanged.
Clearly place the RMA number on a label and attach it to the outside of the box OR include the RMA number in the "Ship To" address line.
The RMA number will be open for 7 business days from the date when issued to you. If you do not contact us or return the products the RMA number will automatically CLOSE, and you will lose the option to return or exchange the products.
Product must be in the original shipping carton with all original packing material.

Terms for Contracts/Purchase Orders Cancelled by Customer: In the event AV-Worx accepts your purchase order/authorized purchase contract or other accepted agreement; and you then instruct AV-Worx to cancel the Purchase Order/Contract, the following terms and conditions shall apply:

Expenses (materials, labor, deposits/fees/penalties, etc.), incurred or contracted to the point of cancellation, shall become due and payable. An invoice documenting expenses shall be issued for payment to you by AV-Worx.
Equipment: Any new equipment received against the purchase order shall be returned to the manufacturer, if possible. In the event the Manufacturer accepts the return, all related restocking fees, freight, and related costs shall be billed to and paid by you.
Any associated costs incurred by AV-Worx related to the cancellation shall be billed to the Customer.

Manufacturer Pixel Policies: Please be assured that our suppliers only provide us with their highest quality units available. On occasion, a projector or LED Video wall may have 1 (one) or more "Off" or "Out" pixels, also referred to as "Bad" pixels. It is industry standard to allow for a few "Bad" pixels on an LED, LCD panel or DLP chip. The actual placement and number of "Bad" pixels allowed varies by manufacturer. The issue of "Bad" pixels does not qualify a display, LED, or projector for replacement as a "Defective" or "D.O.A." unit but may be returned to the manufacturer for their evaluation; their decision is final in each of these cases. We apologize for any inconvenience the manufacturer's policies may cause.
International and Wholesale/Resellers (U.S. and International): All sales are final, no returns or credits. AV-Worx may approve an upgrade within seven (7) days to an item of greater value. If approved, the purchaser must receive an RMA# from the AV-Worx Customer Service Team. The purchaser is responsible for all shipping charges and/or duties incurred.
For Items Damaged During Transport: AV-Worx endeavors to use reliable and reputable carriers, but occasionally shipping damage does occur. Resolving the problem of transit damage or loss depends on the cooperation of all parties. All shipping damage claims must be made against the common carrier; therefore, it is imperative that you follow these guidelines:

Inspect all shipments upon arrival. If damage or loss is apparent upon delivery, do not accept the shipment until you make a notation of the damage on all copies of the carrier's pro bill and have the driver sign all copies to acknowledge the notation. Do not sign a clear receipt for damaged or missing cartons or there will be no basis for a claim. Ask the carrier to make a detailed inspection of the damage. File a claim with the carrier. Cooperate and follow up as necessary to secure final settlement.
Even if damages are acknowledged in writing by the driver, you must request an inspection by the carrier and retain the merchandise, carton, and package materials at the address to which shipment was made until the carrier authorizes movement. The carrier must provide you with an inspection report. In the case of concealed damage, the inspection must be requested within three (3) days of receipt of shipment. IF you fail to inspect the shipment within three (3) days and find damage we will be unable to offer a refund. ALL DISPLAYS REQUIRE INSPECTION BY POWERING IT ON WITHIN 3 DAYS TO CONFIRM THERE IS NO DAMAGE.
Please immediately advise AV-Worx of all damages or problems. Do not return merchandise to AV-Worx. File your claim with the carrier, enclosing copies of the bill of lading (signed by the driver) and inspection report as support. Keep all packing materials and boxes with the damaged product. Do not throw anything away. Although AV-Worx will provide any assistance possible, we cannot be responsible for the actual filing of claims on the carrier or accept liability for non-collectable freight claims.

Warranty: "New in Box" merchandise and/or hardware devices include the manufacturer's standard warranty excluding consumable items such as lamps. Manufacturers may include an extended warranty service beyond their standard warranty period on certain items. Manufacturers provide a one (1) year warranty or less (unless specified otherwise on your invoice or packing slip) on non-new, remanufactured or refurbished, B- or C-graded stock items that cover repair only. Non-new, remanufactured or refurbished, B- or C-graded products do not qualify for D.O.A. exchange. These products will be repaired and returned to the purchaser. Please confirm warranty coverage at the time of your purchase. AV-Worx disclaims all warranties, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. AV-Worx offers no warranties of any kind that extend beyond the description on the face hereof. There is NO WARRANTY COVERAGE for any merchandise sold for normal wear and tear, improper usage, damage from natural disasters, long-term environmental damage, Power events such as surges, power outages, or any power events in general.
Refunds: Established account: A full refund will not be issued if the purchaser's account has an open balance. A credit memo will be issued, and credit will be applied first to the invoice on which the products were purchased, then to any other open invoices on the account, beginning with the oldest invoice. Any credit balance remaining will be refunded as outlined below. Credit card: All refunds for purchases made by credit will be issued as a credit to that same account within a reasonable period after inspection of returned products.
Changes in Pricing:

Promotions: All items offered by AV-Worx are sold at the most current prices available. Due to real-time inventories and daily changes of costs and programs offered by manufacturers, prices and promotions will and do change frequently. AV-Worx is unable to provide any price protection; therefore, we will not refund any price difference on your current or previous orders, and we cannot honor a promotion on a purchase made before the promotion start date.
Price: "All pricing is based on tariffs, duties, taxes, and trade regulations in effect at the time of quotation. A customer’s signature on the quote or submission of a purchase order (PO) constitutes full acceptance of the order, including all terms and conditions. If any changes in tariffs, duties, taxes, or trade regulations result in increased costs to AV-Worx at any point before final invoicing, AV-Worx reserves the right to adjust pricing accordingly. The customer agrees to accept any such price adjustments, which will be reflected in the final invoice. AV-Worx will make reasonable efforts to mitigate cost increases but shall not be liable for absorbing additional expenses caused by external regulatory changes. Orders cannot be canceled, modified, or refunded due to tariff-related price adjustments once accepted."

Law and Venue: AV-Worx invoices shall be governed by the laws of Palm Beach County, Florida.
Enforcement: Failure by AV-Worx to enforce any Purchase Policies does not constitute a waiver of any portion of our Purchase Policies.
Limitation of Liability: AV-Worx shall not be liable under any circumstances for any consequential, incidental, special, or exemplary damages arising out of or in any connection with this agreement or the products, including but not limited to lost profits, lost data, or any claim based on indemnity or contribution, or the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Purchaser's exclusive remedy, as against AV-Worx, shall be the repair or replacement of defective parts. If AV-Worx lists a product on its website at a price in error, or that is no longer available for any reason, AV-Worx reserves the right to cancel the sale without incurring any liability. The Purchase Policy published in our quote is always the most recent Purchase Policy and shall supersede all previous policies published either in print or online.
Damages Exclusion: AV-WORX expressly disclaims any warranty for Services. The Equipment, Software, and Services and any related documentation are provided “as is” without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of the use or performance of the Equipment, Software and/or Service remains with you as the user. In no event will AV-WORX or its licensors or suppliers be liable for any indirect, special, incidental, punitive or consequential damages (including lost profits, earnings or business opportunity) arising out of the subject matter of this agreement or for loss or corruption of data, irrespective of whether AV-WORX has been advised of the possibility of such damages. This limitation, in aggregate, applies to all causes of action, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees herein reflect, and are set in reliance upon, the limitation of damages set forth in this agreement. You assume any and all responsibilities for any data loss that may occur during the term of this agreement. You release AV-WORX and any of its employees from any responsibility for any data loss. You accept all responsibility to confirm all backed up data being stored on any device that AV-WORX or AV-WORX employees may have to perform procedures on.
Confidentiality: Both parties acknowledge that, during the term of this Agreement, each party will provide the other with confidential and/or proprietary information, including but not limited to data, information, ideas, materials, specifications, procedures, schedules, software, technical processes and formulas, source code, product designs, sales, cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, marketing data or other relevant information that is marked “confidential” (or similarly) or, if not so marked, is clearly intended to be confidential (collectively, “Confidential Information”). Each party shall protect all such Confidential Information of the other with at least the same degree of care it uses to protect its own confidential information, but not less than a reasonable degree of care. Neither party shall use, disclose, provide, or permit any person to obtain any such Confidential Information in any form, except for employees, agents, or independent contractors whose access is required to carry out the purposes of this Agreement and who have agreed to be subject to the same restrictions as set forth herein. Violations of any provision of this Section shall be the basis for the immediate termination of this Agreement. Your obligation as to the confidentiality of the Equipment and Services shall survive termination of this Agreement. The confidentiality obligations of this Section shall not apply to any information received by a party that (i) is generally available to or previously known to the public, (ii) can be reasonably demonstrated was known to such party prior to the negotiations leading to this Agreement, (iii) is independently developed by such party outside the scope of this Agreement without use of or reference to the other party’s Confidential Information, or (iv) is lawfully disclosed pursuant to a court order, provided that the party subject to such order shall promptly notify the party whose Confidential Information is to be disclosed, so such party may seek a protective or similar order.
Amendment of Agreement: Except for a change in pricing, this Agreement may only be amended in writing signed by authorized representatives of the parties. Any other terms, including but not limited to the terms and conditions of any purchase order submitted by You and any license included as a part of the installation process for the Equipment or Service, are expressly excluded from this Agreement.
Dispute Resolution: All disputes arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the 15th Judicial Circuit in and for Palm Beach County Florida, and each party irrevocably consents to such personal jurisdiction.
Miscellaneous:

Compliance with Laws: You declare that you have and will comply with all restrictions (during the term of this agreement), covenants, zoning ordinances, and building codes of the municipalities involved.
Assignment: Subscriber may not assign or delegate their respective obligations under this Agreement either in whole or in part, without the prior written consent of AV-WORX. AV-WORX reserves the right to assign with reasonable care its rights and obligations under this agreement to a qualified third party designated by AV-WORX. Notwithstanding the forgoing, either party may assign their rights and obligations under this Agreement as the result of a merger, consolidation, acquisition or the sale of all or substantially all of the assets of the assigning party and AV-WORX may assign its rights and delegate its obligations in whole or in part to an affiliate, provided that either party may terminate this agreement upon 10 days’ notice, if the assignee can be reasonable considered a competitor of the non-assigning party.
Promotional Use: You agree that AV-Worx may use Your name and logo to identify You as a customer of AV-Worx on AV-Worx Website, and as a part of a general list of AV-Worx customers for use and reference in AV-Worx corporate, promotional and marketing materials. You agree that AV-Worx may issue a press release identifying You as an AV-Worx customer. The content of any press release identifying You as a customer of AV-Worx will be subject to Your prior approval, which will not be unreasonably withheld.

Governing Law: This Agreement and any disputes related thereto shall be governed by the laws of the State of Florida without reference to conflict of law principles.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous written or verbal agreements.
Attorney Fees: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.