TERMS AND CONDITIONS OF USE
? Use of the Site
? Return of Goods
? Placing Orders
Welcome to the Avetco.com (Site), the official website of Avetco Incorporated. The following Terms and Conditions (Terms) establish the legal relationship between you (User or Buyer) and Avetco with regard to any use of the website or purchases that you might make from Avetco. Avetco Inc. encourages you to carefully read through the terms and conditions of use before proceeding to the Site. By accessing, and/or otherwise using the Site, you acknowledge that you have read and agree to these Terms.
The Terms (as currently written or as may be modified from time to time) are intended to be and are hereby incorporated by reference into any other documents that exist or might exist between Avetco and yourself.
If the Terms are not acceptable to you, then please do not place any orders with Avetco. By placing an order with Avetco you are acknowledging that you have read and agree to be bound by the Terms. No sales will be made on credit on any non-consumer purchase without the Buyer submitting a fully completed and executed Credit Application, a copy of which may be obtained from Avetco.
You must be at least 18 years of age to use the Site including all services provided on the Site.
The current version of these Terms is as of June 17, 2017 and therefore apply to your access and use of the Site.
A. Use of the Site
This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain grammatical errors or technical inaccuracies, but all information is current and reliable. Any and all information on the Site, including pricing and availability of products, are subject to change. These updates and changes will occur at Avetco?s discretion without notice.
The Site shall not be used for any purpose other than its intended use, no unlawful or prohibited actions. This is a condition of use that you agree to abide by when using the Site. The following are prohibited, but not limited to:
? Misrepresentation of your identity or credit information;
? Attempt to gain unauthorized access to the Site or any related connections to the Site;
? Upload any damaging material (such as viruses, etc.) to the Site;
? Interfere with the Site?s networks and/or servers
By proceeding to the Site, you agree to abide by all applicable local, state, national, and international laws and regulations.
3. Limited License to download and use of website assets
Avetco grants you access to all assets that are available through the Site. These assets include images, development codes, etc. However, when using this limited license you accept the terms that any and all copies of the website assets are exclusively the property of Avetco. You agree to retain all copyright, trademark, and other proprietary notices, symbols, and/or indicating marks contained in the assets. These assets on the Site shall be utilized or downloaded for personal use only, no commercial use whatsoever. Avetco has the right to revoke this license at any time.
4. Termination of Use
Avetco Inc. has the authority and ability to terminate your account or use of the Site. This can be done whenever the company deems fit and they can do so without liability. In the event of an account or access termination, you withhold responsibility to complete all orders and charges that you incur prior to the termination.
B. Placing Order(s) Through the Site
1. Information about the Site
All products featured on the Site have been described to the best of the abilities of the Avetco personnel for the convenience of you, the customer, to get a clear image of design and quality of the products before purchase. Unless indicated otherwise, most products that are viewable on the Site are available for sale directly from Avetco. Avetco is constantly working to improve its products, product information, and product display.
Shipping charges are calculated based on physical and dimensional weight.
I understand that due to the nature of Leather Hides, Some products have variable Weights and dimensions making it hard to calculate an accurate shipping rate.
If shipping does not calculate accurately or item(s) require special attention, a customer service representative
will contact you with the total shipping charge prior to releasing your order to shipping.
Any goods ordered shall be delivered to Buyer F.O.B. Avetco or manufacturer?s dock. Avetco shall not be liable for any delays or failure in delivery due to circumstances beyond its reasonable control. In the event this sale includes delivery in installments or a series of sales, unless the purchase order state the contrary, non-delivery or default by Avetco as to any installment shall not relieve buyer from its obligation to accept and pay for any subsequent or prior installment, even though such non-delivery or any default substantially impairs the value of the sale. Avetco shall arrange all shipments so as to reserve a security interest in the goods by making the shipment bill of lading to Avetco or Avetco?s nominee.
Identification of the goods shall occur when Avetco or manufacturer ships
the goods, whether to Buyer directly or to another third party, or upon receipt of said goods by Avetco to be held by Avetco for Buyer?s benefit.
Terms of sale shall be based upon Avetco?s written agreement with Buyer. Unless
otherwise agreed in writing with Avetco, all transactions involving a credit sale shall be on a net 30-day basis from the date of the invoice submitted by Avetco to Buyer. All pricing and availability of product is subject to change without notice.
5. Tender and Payment
Avetco shall tender delivery by notifying Buyer by invoice, identifying the goods and Buyer?s purchase order upon identification as above provided. All payments shall be made as required by Avetco in US Dollars. Any payments that are returned as unpaid for any reason will require immediate replacement with certified funds or a wire transfer.
Buyer?s failure to make any payments when due or to perform pursuant to these Terms
or to the terms and conditions of any other agreement between the parties shall constitute a default hereunder, and at Avetco?s election shall entitle Avetco to accelerate any balances then due and owing in the event of any such breach. In the event of any such breach, future deliveries may be suspended for failure to make timely payments for any goods of Avetco theretofore delivered to Buyer, and Avetco may thereupon require, without releasing Buyer of Buyer?s obligations to accept goods hereunder, as a condition to future delivery, that Buyer pay cash on delivery for all future deliveries.
7. Security Interest
Buyer acknowledges and agrees that Avetco reserves a purchase money security interest in the goods for the full price and Buyer further grants to Avetco a security interest in the goods pursuant to the provisions of the California Commercial Code Articles 2 and 9, the provisions of which shall fully apply to this sale. Buyer authorizes Avetco to file a financing statement with respect to the goods and to execute same on behalf of Buyer as Buyer?s attorney-in fact. Buyer further agrees that Buyer will not assert against an assignee of Avetco any claim or defense which Buyer may have against Avetco, with respect to any assignee who takes Avetco?s assignment for value, in good faith and without notice of a claim or defense, except as to a defense of a type which may be asserted against a holder in due course of a negotiable investment.
8. Risk of Loss
All items purchased from the Site are processed with a shipment contract provided by a common shipment carrier.
NOTE: The shipment terms of Avetco are FOB Shipping point. Therefore, the buyer assumes responsibility of the package at the point of shipment and Avetco is no longer subject to liability from this point on. By completing the online purchase based on these terms, the buyer accepts the risk of potential damage, loss, etc. to the package from the point of shipping to the point of delivery.
Neither party shall be responsible for any losses resulting in the fulfillment of any of the terms of this sale if delayed or prevented by revolutions or other civil disorders, wars, acts or enemies, strikes, fires, floods, acts of God, or by any other cause not within the control of the
party whose performance is interfered with, and which, by the exercise of reasonable diligence, such party is unable to prevent, whether of the class or causes enumerated or not.
Defect of part of the goods delivered shall not be grounds for rejection by Buyer of
all the goods, nor all of the particular items which the defect is found as to some of those items, nor shall such defect be grounds for the cancellation by Buyer of the undelivered portion thereof. Failure to deliver any installments due to defect in any delivery, quantitative or qualitative, constitutes a severable breach only, and Buyer cannot treat the whole defective delivery as a substantial breach in accordance with the customs and usages used in the industry. Buyer shall pay on the due date for all goods delivered regardless of any failure of any other installment or shipment.
Buyer shall have the right to inspect the goods at any time during normal business hours at Avetco?s facilities. The failure to inspect shall not be deemed a waiver of any of Avetco?s Warranties.
12. Return of Goods
Subject to the provisions of the separate Return Policy, and with the written consent of Avetco (Return Authorization), product purchased and actually paid for by Buyer in full may be returned with five (5) business days of delivery. If the product is returned within said period of time, Avetco will refund to Buyer the amount paid for the product less the cost of shipping and related Charges (as that term is defined below). With the written consent of Avetco, if the product has been actually paid for, and is returned later than five (5) business days after delivery, such return is subject to a twenty (20) percent restocking charge, and any refund will be less the cost of shipping and the Charges (as that term is defined below) No product may be returned thirty days after delivery. All returns must be returned in unopened containers with the original product packaging and a copy of the Return Authorization. Please refer to the official Return Policy of Avetco Inc. on the Site to view in detail.
Avetco warrants that excluding defects, malfunctions or other failure of goods caused by unreasonable use or damage to the goods while in the possession of Buyer, all goods are manufactured within catalog or purchase order specifications, subject to industry
standard tolerances and free defects in materials and workmanship for a period of fifteen
(15) days after date of delivery of goods to Buyer or consignee. AVETCO MAKES NO WARRANTY THAT THE GOODS ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE SOLE RESPONSIBILITY OF THE AVETCO SHALL BE THAT THE GOODS WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 30 DAYS. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL WARRANTIES AND THE SOLE LIABILITY OF AVETCO SHALL BE TO REPLACE ANY GOODS FOUND TO BE DEFECTIVE. Buyer affirms that it has not relied on Avetco?s skill or judgement to select or furnish goods for any particular purpose. Physical properties are not warranted. Exact matches of color and material or product are not guaranteed. Avetco shall not be liable for normal manufacturing defects within industry tolerances, nor for Buyer variations from specifications due to the nature of materials and/or colors ordered. Failure of Buyer to submit any written claim hereunder within 30 days of delivery of goods shall be an admission by Buyer and conclusive proof that such goods are in every respect as warranted and shall release Avetco from all claims from damages or loss sustained by Buyer.
14. Special Orders/Cancellation
All orders are non-cancellable unless approved otherwise in writing by Avetco. Any approved cancellation shall be subject to an upward readjustment of the purchase price based on any discounts or adjustments that Avetco might have provided to Buyer, including without limitation, the right to recover any lost profits of Avetco, and any additional expense incurred by Avetco.
Please contact Avetco to determine the amount of deposit prior to fulfilling and process any non- stock or special order.
15. Late Fees
In the event buyer fails to pay any statement due Avetco within 30 days of shipment, Avetco shall be entitled to a late charge equal to 1.5 percent per month of the unpaid amount until such amount is paid.
16. Sales Tax/Tariff Policy
Avetco does business throughout the United States and outside of the United States, and collects and, where applicable, and remits sales tax as required by law or foreign tariffs or other charges that might be assessed relating the sale and delivery of any product (Collectively ?Charges?). Any pricing regarding any purchases by Buyer will include, in addition to the price for the product, the Charges which Avetco will collect and remit as appropriate. Buyer should provide for Avetco?s consideration any evidence of any tax-exempt status as to any of the Charges referred to in this paragraph. Please see Payment Terms and Conditions for Wholesale Customers
17. Minimum Orders: USA & Canada
The minimum order for pickup or shipping is $50.00; Outside of USA & Canada: The minimum order will depend on the ultimate destination. Please see Payment Terms and Conditions for Wholesale Customers
Any claim for defective materials, for defective manufacture, for shortage or for any
other cause is waived by Buyer unless made in writing within fifteen (15) days after delivery of the goods. Evidence loss or damage to a shipment must be indicated by a notation made by the carrier?s agent on the delivery before the receipt is signed. The notation must clearly specify the extent of loss, shortage or damage. Concealed damage must be reported to the carrier in writing within 10 days after delivery. The filing of claims with carriers for loss or damage in transportation must be executed within a reasonable time in accordance with the carrier?s requirements. If Buyer desires the assistance of Avetco in filing such claims, it must report them to Avetco in writing within a reasonable time so as to enable Avetco to comply with the common carrier?s requirements. Any action by Buyer under this contract must be commenced within one year from the date of delivery of the goods.
2. Exclusive Remedy
In the event Avetco breaches this contract Buyer?s exclusive remedy
shall be to return the goods or any part thereof which may be defective or nonconforming and receive, at the election of Avetco, either replacement of the goods or credit by Avetco of all or, in the case of a partial breach, a pro rata share of the purchase price that has been paid by Buyer at the time of the breach. Replacement or repayment of such purchase price or part thereof shall discharge Avetco from all obligations under this contract.
3. Waiver of Consequential Damages
Avetco is not liable for consequential damages or loss of anticipatory profits in the event of commercial loss, or failure of Avetco to perform pursuant to the terms of this Agreement.
4. Applicable Law
This sale shall be governed by Uniform Commercial Code and any other law as enacted in the State of California.
Any dispute arising out of this Agreement shall be litigated in the State of California, County of Los Angeles, Central District. The parties hereby expressly agree to allow such courts to have jurisdiction over any such dispute.
Except as herein above provided to the contrary, no terms of this sale or breach thereof shall be deemed waived, except by written consent of the party whom the waiver is claimed,
and any waiver of the breach of any terms shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other terms.
7. Attorneys? Fees
The prevailing party, in any action arising out of this sale, shall be entitled, in addition to any other damages or relief afforded by the court, to reasonable attorneys? fees and costs.
1. Governing Terms/Interpretation/Entire Agreement
These terms and conditions shall be the exclusive terms and conditions governing the relationship between the parties. No representations, understandings, or agreements have been made and relied upon in the making of the terms of this sale. Avetco and Buyer acknowledge that these Terms and Conditions constitute the entire agreement between Avetco and Buyer with regard to the sale or transfer of the products sold and supersede all prior or contemporaneous oral or written statements of any kind made by the parties or their representatives. Any inconsistent terms and provisions prior to, contemporaneous to, or subsequent to these terms and conditions are of no force and effect unless approved in writing by Avetco. These Terms and Conditions may not be amended, modified, or supplemented except by written agreement executed by Avetco. In the event of any dispute involving the interpretation of these Terms and Conditions, the parties understand that these Terms and Conditions were negotiated between them and interpretations of these Terms and Conditions shall not be construed against either party.
2. Limitation of Liability
IN ADDITION TO OTHER WAIVERS CONTAINED HERE, IN NO EVENT SHALL AVETCO OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO ITEMS OR PRODUCTS BY AVETCO TO BUYER INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF AVETCO OR ITS RESPECTIVE REPRESENTATIVES OR SUCH INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, AVETCO IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF YOUR PURCHASE OF ITEMS SOLD BY, AVETCO?S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF THE ORDERS PLACED BY YOU OR (B) $1,000.00.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL TRIALS BY JURY AND ANY LIABILITY OF AVETCO FOR INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES ARE WAIVED. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
Buyer shall indemnify, defend and hold Avetco and its officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these Terms by Buyer.
The provisions in these Terms are hereby deemed by the parties to be severable and the invalidity or unenforceability of one provision shall not affect the validity or enforceability of any other provision.
5. Force Majeure
In the case of an event beyond reasonable control, Avetco shall not be liable for a delay or failure in any of its performance. This also includes failure of the Site. These events include, but are not limited to:
? Natural disaster;
? Government regulations;
? Failure of third parties;
? Utility failure
June 17, 2017