Terms and Conditions

This User Agreement for Online Sales (“Agreement”) describes the terms and conditions applicable to your use of www.theavmarket.com (this “Site”). Prior to registering to use this Site, submitting a purchase order for products listed on this Site, or otherwise accessing information from this Site, please carefully read this Agreement.

GENERAL TERMS
By accessing this Site, you agree to the terms and conditions set forth below.

PRICE
All prices quoted are in U.S. Dollars. Such prices are subject to availability and change without notice, subject to the sole discretion of The AV Market.

PAYMENT
All sales are on a prepayment basis only. The AV Market reserves the right to charge a $25 fee on all chargebacks. Checks returned for insufficient funds are subject to a $50 charge per incident. Checks returned for stop payment are subject to a $100 administrative fee per purchase order. Buyer agrees not to dispute any credit card charge with buyer’s credit card company.

AV USED EQUIPMENT
The provisions in this Section 4 apply solely to the purchase of used equipment from AV’s inventory (“AV Used Equipment”).

4a. WARRANTIES
AV may provide a limited warranty that AV Used Equipment is free from defective materials and workmanship for a certain period; provided, however, such limited warranty shall only be effective if expressly provided in a separate written job order that is set forth in a contract prepared by AV in favor of such buyer which expressly states the terms of such limited warranty for such AV Used Equipment, including, without limitation, the duration of such limited warranty. Notwithstanding the above, if a limited warranty is provided by AV as set forth above, such limited warranty shall not cover any damage or defect resulting from use that is not in accordance with AV Used Equipment’s specifications, if provided, or abuse or misuse of AV Used Equipment.

4b. REMEDIES
In the event that such warranty is expressly provided by AV in a separate written agreement and if buyer determines that AV Used Equipment is defective, buyer must ship such AV Used Equipment prepaid to AV. If AV determines in good faith, based solely on its inspection, that the AV Used Equipment is defective, AV will repair or replace and ship to customer at AV’s cost; provided, however, if AV determines such AV Used Equipment is not defective, AV will return such AV Used Equipment to buyer provided that buyer shall pay all shipping and handling costs. If The AV Market determines in its sole discretion that the AV Used Equipment cannot be reasonably repaired, The AV Market will refund the cost of such products to buyer (exclusive of shipping fees). In such case, buyer acknowledges that such refund is buyer’s sole and exclusive remedy. Buyer acknowledges that this Section 4(b) shall only apply if AV expressly provides a written warranty in a separate written agreement.

4c. DISCLAIMER OF WARRANTIES
Except as expressly provided in a separate written warranty by AV and as provided in Section 4(a), The AV Market and AV expressly disclaim all warranties, express or implied, written or oral, including implied warranties of quality, fitness for a particular purpose and merchantability and all other warranties imposed by statute. Furthermore, the warranties in Section 4(a) are made solely by AV. Additionally, The AV Market and AV make no warranties to persons that are defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

4d. SHIPPING
In connection with the purchase of AV Used Equipment, all shipping, insurance, duty and freight handling charges are the responsibility of buyer and are not included in the purchase price. Additionally, buyer must notify The AV Market of any requests for insurance prior to shipment. The AV Market will bill shipping costs, for convenience, in which case those costs will be added to the purchase price.

TERMS AND CONDITIONS OF BROKERED EQUIPMENT
The terms and conditions set forth in this Section 5 apply solely to equipment that is listed for sale on this Site as brokered equipment.

5a. LISTING CONDITIONS
When The AV Market accepts a listing on this Site, it does so without exclusivity. Seller is permitted to sell such listed equipment on its own without being liable to pay a commission to The AV Market and is permitted to list such equipment with another used equipment vendor. The AV Market requests that seller does not sell the equipment to a production company or list the item with a re-seller at a price that is less than The AV Market price. By listing the equipment, seller agrees to notify The AV Market if there are any changes to the conditions of the sale or if the item is no longer available. If The AV Market believes that a seller has incorrectly priced seller’s item, The AV Market may contact seller. The listing may include text descriptions, graphics, pictures and other content relevant to the sale of the item. The AV Market in its sole discretion reserves the right to terminate any listing without notice.

The AV Market reserves the right to remove / refuse brokered listings from any member based on any issue with quality, shipping, or misrepresentation of equipment. The AV Market staff, in their sole discretion, will determine fault in any disputes between brokered sellers and buyers and take action accordingly.

5b. REPRESENTATIONS AND WARRANTIES BY SELLER
Seller represents and warrants to The AV Market that seller has the power, authority, capacity and right to sell the item(s) that seller listed on this Site.

5c. PRICING POLICY FOR BROKERED EQUIPMENT
THE AV MARKET DOES NOT SET THE PRICE OF BROKERED EQUIPMENT. All listing prices are set by seller, but such price must include The AV Market’s applicable fees. Buyer shall pay all applicable taxes as provided below and shipping fees as provided in Section 10. In the event that buyer believes that listed equipment is too expensive, please e-mail or call The AV Market to make a fair counteroffer.

5d. TRANSFER OF EQUIPMENT FROM SELLER TO BUYER
The AV Market will issue a purchase order to seller once a purchase has been confirmed. At this point, The AV Market will have money in hand from the buyer. The AV Market will hold this money in escrow until the transaction is completed. The purchase order will include the shipping information of the buyer. After The AV Market releases buyer’s confidential information, seller agrees not to contact buyer directly in an effort to undercut The AV Market. When the purchase order is received by seller from The AV Market, seller agrees to ship per the agreed shipping method within a timely manner. The AV Market must receive proof that the brokered equipment has been received by buyer prior to releasing funds to seller.

5e. DISCLAIMER WARRANTIES TO BUYER BY THE AV MARKET
With respect to brokered equipment, The AV Market and AV expressly disclaim all warranties, express or implied, written or oral, including implied warranties of quality, fitness for a particular purpose and merchantability and all other warranties imposed by statute. Additionally, The AV Market and AV make no warranties to persons that are defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

5f. REMEDIES OF BUYER
If buyer does not accept seller’s equipment for reasonable cause, buyer shall be entitled to receive a full refund of the cost of the purchase price of such equipment (exclusive of shipping fees and other charges incurred by the buyer in connection with such purchase). In such case, buyer shall return such equipment to the seller within 14 days of the original shipment at buyer’s sole expense. Unless otherwise expressly stated by seller, equipment listings will be “AS IS” and without warranty. If the seller desires to offer a warranty for a specific period of time, the seller should include such warranty in the seller’s initial listing, and such warranty shall be directly from seller to buyer. In no event shall AV or The AV Market have any responsibility for such warranties.

5g. RESTRICTED ACTIVITIES
The information about any item listed and any activities on The AV Market shall not: (i) be false, inaccurate, or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of privacy; or (iv) violate any law, statute, ordinance, or regulation.

DISCLAIMER OF LIABILITY
The AV Market, AV, and their respective directors, officers, employees, agents, and representatives (collectively, ‘AV Parties’) shall not be liable to any buyer or seller for any indirect, incidental, consequential, special, or exemplary damages or lost profits in connection with any equipment sold or listed on this Site. AV Parties will not be responsible for claims, liabilities, losses, costs, fees, expenses, obligations, and causes of action (“Claims”) resulting from defects or alleged defects of any equipment sold on this Site or from the subsequent use of the items, regardless of whether such damage arises out of or relates to: (i) any reliance on the materials presented; (ii) any loss of use, data or profits; (iii) any delay or business interruptions; (iv) personal injury or property damage; or (v) any information provided on this Site.

INDEMNIFICATION
Buyer hereby agrees to defend, indemnify and hold harmless AV Parties from and against any and all Claims incurred or suffered by buyer or any other party arising from or relating to any equipment sold or listed on this Site, including, without limitation, any Claim arising by reason of or in connection with any loss, damage, or injury to person or property.

CHANGES
The AV Market reserves the right to change, in whole or part, prices, discounts, product, product specifications, products offered, terms and conditions of sale, and policies without notice.