AVAYON Technologies Basic Terms and Conditions

Your use (accessing, browsing, buying, etc.) of this site, is your legal agreement to the policies and terms and conditions below. You also agree to comply with all applicable laws and regulations, including U.S. export and re-export control regulations. If you do not agree to these terms, please do not use this site.

Customer Information, Comments and Feedback
AVAYON Technologies, Inc. does not rent, sell or otherwise forward your name to other companies. Please see our Privacy and Security Statement for more information about your confidentiality. Comments or ideas transmitted to this site become the sole property of AVAYON and may be shared to expand or improve the functionality of the site or of our product or service offerings or for any other reason.

Pre-Orders
Please be aware that while all pre-orders will be fulfilled, date of fulfillment is subject to stock on hand. Pre-orders are on a first come, first-served basis. AVAYON cannot therefore guarantee shipping dates.

Payment and Shipping Information

Paying by Credit Card
We gladly accept Visa, MasterCard and American Express. We do not add any credit card surcharges. Please see our Privacy and Security Statement for more information about your credit card safety. If your shipping address is different from your billing address, AVAYON requires that this address be listed on your credit card account as an alternate address for shipping purposes only. You can contact your credit card company by calling the 1-800 number on the back of your credit card. AVAYON requires the "ship to" address to match the "bill to" address or the alternate address of your credit card to protect our customers from credit card fraud.

Continental U.S. Shipments
If your package is lost or damaged, please send us an e-mail at sales@avayon.com or contact our Customer Service Center at 603 891-1241. At this time we are unable to ship to APO/FPO addresses.

International Shipments
We will gladly ship internationally, unless shipments are restricted by law. To determine eligibility for international shipping, please send an e-mail to sales@avayon.com or call 603 891-1241 between 9 a.m. and 6 p.m. EST, Monday through Friday. We will promptly send an e-mail to you to both confirm your order and provide your shipping charges. Please remember that all customs clearing, duties and taxes are not included in the freight calculation and are the responsibility of the customer. Manufacturer's limited warranties for internationally shipped products may vary or be null and void. We are unable process international software downloads. (NOTE: Shipments that are not retrieved from customs are not covered by our insurance.)

Shipping Details
We ship orders with FedEx. If you have an account, you can track your order online. For your protection, we do not expose FedEx tracking numbers.

Export
To comply with certain vendor agreements and government regulations, AVAYON reserves the right to refuse to export products from the United States at any time. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country. Manufacturer's warranties for exported products may vary or be null and void.

Signature
For your protection, all 2nd day and Priority shipments require a signature at the delivery point. Ground deliveries may not require a signature for delivery.

Tax Exemption
If you are a tax-exempt customer in the state where the product will be shipped, please call us at 1-603-891-1241 (Monday - Friday 9 a.m. - 6 p.m. Eastern Time) to pre-qualify. Our representatives will be happy to walk you through the process. For your convenience, your information will be kept on file for future purchases.

Software Downloads
Software downloads are subject to the applicable End User License Agreement ("EULA") and our software download procedures. Upon verification of payment, you will receive an e-mail with download instructions.

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Pricing

Online pricing and availability:
Prices, specifications and availability of products are subject to change without notice. Any typographical, photographic or specification error in products or pricing on our web sites is subject to correction.

Internet orders generate an automatic confirmation and response e-mail. These automatic confirmations and response e-mails are subject to correction prior to shipment due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. Our internet pages are an invitation for you to make us an offer to buy the items described; our shipment constitutes our acceptance of your offer.

All orders placed over $2,000 (US) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance program.

We will notify you of any corrections or changes and ask for your approval before we complete your order. We will not complete your order until we have your approval. We reserve the right to limit sales, including the right to prohibit sales to resellers, even after we have received and confirmed your order. Published prices do not include shipping, sales tax and insurance if required. Proof of purchase and postage may be required for rebates.

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Warranties and Rebates

Limited Warranties

For AVAYON products, Warranty documents can be found on the warranty page of this site. AVAYON does not warrant other manufacturers' products sold online through avayon.com. The products are backed by the limited warranties of the original manufacturer or publisher only. Consult your product documentation for specific limited warranty information.. Downloaded software is subject to the End User License Agreement (EULA) and may not come with manuals or disks. We recommend you review the software publisher's policy about manuals and disks prior to your purchase of the software.

New Product Manufacturer's Warranties
All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to AVAYON Technologies, Inc. P.O. Box 7366, Nashua, NH 03060.

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Please check out returns policy for more informations about returns.

Links to Third Party Sites.

The linked third party sites are not under the control of AVAYON and AVAYON is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. AVAYON is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by AVAYON Technologies, Inc.

Technical Assistance - Software downloads

For technical help, downloading assistance, return, and refunds, you may call the Service Support line at at 683 891-1241 , M-F 9:00 AM -6:00 PM ET. AVAYON does not offer detailed product information or technical support for use of the software. Product information inquiries and technical questions are referred to the publisher's technical support centers.

Disclaimer of Warranty, Title to Goods.

AVAYON TECHNOLOGIES, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR YEAR 2000 COMPLIANCE. This disclaimer in no way affects the term of any manufacturer's warranty. The title to purchased goods is retained by AVAYON Technologies, Inc. until goods are paid for by the purchaser.

Disclaimer of warranty for AVAYON Technologies, Inc. site.

AVAYON provides this site and its contents on an "AS IS" basis and makes no warranty or representation, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Software Downloads Disclaimer

AVAYON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO ANY SUCH DOWNLOAD.

No Consequential Damages.

In no event shall AVAYON Technologies, Inc., its subsidiaries or affiliates, or their respective officers, directors, employees, representatives, agents, contractors or suppliers (collectively, "AVAYON Technologies, Inc.") be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not AVAYON Technologies, Inc. has been advised of the possibility of any such damages.

Revisions to these terms and conditions.

AVAYON Technologies, Inc. may revise these terms and conditions at any time by updating AVAYON's site. All revisions to these terms and conditions are effective for transactions after the update. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.

Trademarks and Service Marks.

AVAYON is a registered trademark. The trademarks, service marks and logos used and displayed on this site are trademarks of AVAYON Technologies, Inc.and others. Nothing on this site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this site, without the written permission of the trademark owner.

Limitation of Liability

IN NO EVENT SHALL AVAYON TECHNOLOGIES, INC., ITS SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT THE AVAYON.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT THE AVAYON.COM PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD BY AVAYON TECHNOLOGIES, Inc. SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.

Governing Law, Miscellaneous

By using this site, you agree to be bound by these terms and conditions, and by any revisions, if applicable. These terms and conditions are governed and construed by the laws (but not the rules governing conflicts of law) of the state of New Hampshire. You agree that venue and jurisdiction for all disputes will be in Hillsborough County, New Hampshire.

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