Terms of Service
Last updated: 2020-09-15 16:01:31
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the AvalonTest.com Website (the "Website") operated by Avalon Equipment Corporation, a(n) Corporation formed in California ("us", "we", "our") as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You can terminate your account by doing the following: by emailing us and by visiting the website.
To effectuate a purchase, you will be asked to supply your credit card number, expiration date, CCV, billing address, and shipping address.
All payments shall be processed immediately through a third-party service. We are not responsible for the retention or safety of your billing information that is collected by the third-party service.
You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to product or service availability, error(s) in your order, or for any other reason.
We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.
We offer cancellations only prior to shipment. You may cancel your order by contacting us prior to shipment. We reserve the right to refuse cancellation.
You may receive a refund only within 14 days of your purchase.
We offer the following warranty on purchases: The sole and exclusive warranty made by us is a thirty (30) day limited warranty that each item of equipment, when shipped, will be in good operating condition. The sole and exclusive remedy for the failure of any equipment to conform to such limited warranty shall be that we, at our election, shall repair or replace any item of equipment that is not in good operating condition when shipped to you. The foregoing limited warranty and remedy are the exclusive warranty and remedy. Other than the foregoing limited warranty, we have not made and do not make any representation or warranty, express or implied, with respect to any matter whatsoever including, without limitation, the design compliance with specifications, operation, or condition of any equipment and/or software or any part thereof, the merchantability of any equipment and/or software, the fitness of any equipment and/or software for a particular purpose, or issues regarding patent infringement, title and the like. You have selected all equipment and/or software for the purchaser’s intended use without our assistance and recognize that Avalon we are not a manufacturer of any equipment and/or software.
Availability, Errors, and Inaccuracies
We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website, and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.
We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website, its servers, or any email sent from us are free of viruses or other harmful components.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators
All contents of this Website are ©2020 Avalon Equipment Corporation. All rights reserved. Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, " Content ") are the proprietary property of Avalon Equipment Corporation and are either registered trademarks or trademarks of Avalon Equipment Corporation in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.
If you are aware of an infringement of our intellectual property, please let us know by contacting us at email@example.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Avalon Webmaster. The following is his/her contact information:
3194 Lionshead Ave, Carlsbad, CA 92010
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at email@example.com and include the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. your address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Governing Law, Severability, Dispute Resolution, and Venue
These Terms shall be governed and construed in accordance with the laws of San Diego County, California, United States, without regard to its conflict of law provisions.
These Terms shall be governed and construed in accordance with the laws of San Diego County, California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in California.
We reserve the right to amend this policy at any time without any prior notice to you.
If you have any questions about our Terms and Conditions, please contact us at firstname.lastname@example.org.
RENTAL TERMS AND CONDITIONS
The following are the terms and conditions applicable to the rental of test equipment (equipment) by Avalon Equipment Corporation (Avalon). By placing an order for equipment (equipment, as referred to herein, shall include all related accessories, manuals, and other items that have been delivered with this order), the Customer accepts and agrees to these terms and conditions. Any additional or different terms and conditions proposed by the Customer or set forth in the Customer's purchase order will not be binding upon Avalon unless attested to in writing by an authorized representative of Avalon.
1. Terms of Rental
Customer agrees to rent the equipment from Avalon and to pay all rent when due. Unless otherwise agreed to in writing by Avalon, the minimum rental is indicated on the quotation. Rent will begin to accrue from the date of shipment by Avalon. After the agreed-upon minimum rental cycle has been reached or exceeded, the rental shall be prorated daily and continue to accrue until the equipment is received by Avalon. If the equipment is shipped in installments, each installment shall be deemed a separate Rental, and Customer shall pay rent for each such transaction in accordance with Avalon's Rental Terms & Conditions. Customer shall pay all taxes and other governmental charges assessed in connection with the rental, use or possession of the equipment, including, without limitation, any and all sales and/or use taxes and personal property taxes (other than taxes on Avalon's net income).
2. Nature of Transaction
This transaction is only a rental of the equipment, and title shall not pass to Customer. Customer agrees to promptly execute any documents requested by Avalon to protect its rights hereunder, including protective U.C.C. filings. If Avalon supplies Customer with labels stating that the equipment is owned by Avalon, Customer shall affix such labels to and keep them in a prominent place on the equipment.
3. Receipt of Equipment
Customer acknowledges that the equipment rented from Avalon is pre-owned (used) unless stated by Avalon to be new equipment. Defects or discrepancies in or like objections to equipment must be reported to Avalon in writing within forty-eight hours after Customer receives the equipment, or it will be conclusively presumed that the equipment was as ordered and was received in good condition and is accepted.
4. Use, Maintenance, and Return
Customer may use the equipment only for the purposes and in the manner intended by the manufacturer thereof. Avalon shall be responsible for all maintenance of the equipment. Customer shall ensure the equipment in accordance with customary business practice. The equipment shall be returned to Avalon at the end of the rental thereof, freight prepaid, insured, properly packaged, and in the same condition as delivered, ordinary wear and tear excepted. If Customer fails to return the equipment or any part thereof, then Customer shall, upon demand, pay to Avalon the full replacement cost of such equipment or Avalon's advertised sales price, whichever is greater. Customer shall not alter the equipment without Avalon's prior written consent.
If Customer fails to perform the terms hereof, then Avalon may declare this agreement in default. Upon such declaration, Customer shall immediately return the equipment to Avalon in accordance with section 4 above. Such return shall not relieve Customer of its obligation to pay rent or any other amounts, which accrued hereunder prior to such return. Customer shall pay Avalon a late charge on any late payment from the due date to the date paid at the lesser of 1.5% per month (equal to 18% per annum) or the maximum rate permitted by law. If the above credit card is declined for any reason, I may be subject to a $50.00 NSF fee, and all unpaid balances due on my account will incur an interest charge at the rate of 1.5% per month until paid. I further understand that all credit card transactions are subject to a 3% convenience fee.
6. No Purchase Options
Unless otherwise specifically quoted by Avalon, Customer does not have the right to purchase or acquire title to the equipment at the end of the rental thereof. Any such purchase option is automatically deemed void if Customer defaults in its obligations hereunder.
In addition to any applicable prepayment detailed above, Customer agrees to pay Avalon a security deposit in the amount listed on the contract. This amount will be refunded if Customer meets the terms and conditions of this agreement and any applicable outstanding charges Avalon may apply upon return of the equipment to Avalon.
8. Limitation of Liability
Avalon's liability on any claim of any kind (including death and bodily injury), whether based on contract, warranty, tort (including negligence), strict liability, or otherwise, for
any loss or damage arising out of or connected with or resulting from the supply of equipment hereunder, shall in no case exceed the rental amount paid by the Customer to Avalon for such equipment. In no event, whether in contract, warranty, tort (including negligence), strict liability or otherwise, shall Avalon be liable for special, incidental, exemplary, or consequential damages, including but not limited to, loss of profits or revenue, loss of use of any property, business interruption, loss of stored data, downtime costs, costs of substitute service, or claims of the Customer for such damages. The equipment rented under the agreement was originally purchased by Avalon from other sources and is being rented under circumstances that do not permit investigation of possible risks under patents or copyrights. Avalon, therefore, assumes no obligation of Customer with respect to such risks. Each of the foregoing paragraphs will apply to the full extent permitted by law. The invalidity, in whole or part, of any foregoing paragraphs, will not affect the remainder of such paragraph or any other paragraph of this article.
All quoted prices are F.O.B., the Avalon supplying location from which shipment is made. Delivery and shipment charges are payable by the Customer. Equipment will not be sent and must not be returned by U.S. Mail. Avalon shall ship in accordance with the Customer's shipping instructions. In the absence of specific instructions, or if the Customer's instructions are deemed unsuitable, Avalon reserves the right to ship by the most appropriate method. Avalon shall not be liable for delays in delivery due to causes beyond its reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation, and delays in delivery or non-delivery by Avalon's suppliers. Risk of loss of equipment passes to the Customer at the time of delivery to a common carrier at the F.O.B. point.
The equipment shall not be removed from the "Equipment Location" identified in Customer's Rental Agreement without Avalon's prior consent.
Avalon warrants that the equipment rented shall be in working order upon shipment of the equipment. If the equipment, under normal use, is found to be defective, Customer shall notify Avalon and immediately ship the defective equipment, at its expense, to Avalon. Under no circumstances is the Customer authorized to break the warranty seals on the equipment without prior approval of Avalon. Upon receipt of the defective equipment, Avalon shall, at its option, repair the equipment, supply a replacement, make a price adjustment, or credit the Customer's account. If equipment is damaged in shipping, it is Customer's responsibility to contact forwarder promptly and register a claim. Concealed damage should be reported at once and claim made to forwarder inwriting. The foregoing is the sole and exclusive warranty and remedy regarding rented equipment by Customer and is in lieu of all other warranties and remedies, whether written, oral implied, or statutory. Customer has selected the equipment it desires to rent. AVALON MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Avalon will not be liable for any loss or damage whatsoever by reason of its failure to discover, report, repair, or modify latent defects inherent in the design of the equipment.
If Customer defaults in its obligations hereunder or with respect to the equipment, Customer agrees to pay Avalon for all costs and expense incurred by Avalon in recovering the equipment, recovering any money due, and enforcing its rights hereunder, including reasonable attorney's fees and costs. Avalon shall be entitled to recover its attorney's fees and expenses whether or not formal legal action is instituted.
Any required notices shall be given in writing at the address of each party set forth or to such other address as either party may substitute by written notice to the other.
Customer shall not assign or transfer any rights, duties, or obligations herein without prior written consent of Avalon. Any purported attempt to do so shall be null and void.
15. Government Procurement
No U.S. government procurement regulation shall be included hereunder or be binding on either party unless specifically agreed to in writing and expressly incorporated herein.
Stenographic, typographic, and clerical errors are subject to correction.
17. Applicable Law
The laws of the State of California govern the validity, interpretation, and enforcement of this agreement.
SALE TERMS AND CONDITIONS
1. Test Equipment comes with a 90-day warranty and 10-day acceptance period unless otherwise specified.
2. Test Equipment comes with all standard accessories unless otherwise specified.
3. Refurbished test equipment does not come standard with an ISO 9001 NIST calibration certificate.
4. All sales are final after 30 days from the shipment date.
5. There is a 15% re-stocking fee for equipment returned within 30 days from the shipment date.
6. For an additional cost, ISO 9001 NIST traceable or 17025 calibrations and ANSI Z540 calibration are available.
7. Prices do not include sales tax or freight charges.
8. All units are shipped FOB Carlsbad, CA and Dallas, TX depending on stock location. The choice and method need to be specified by the customer.
9. Prices are based on the availability of specific unit(s) updated and subject to prior sales or rental.
10. Payment terms are pre-paid through credit card, certified funds, wire transfer, or a bank letter of credit prior to shipment.
11. Terms are available up to Net 30-days at these prices but must be approved through Avalon's Credit Department.
12. A quote is valid for 30 days from the date of issue.
13. If the above credit card is declined for any reason, I may be subject to a $50.00 NSF fee, and all unpaid balances due on my account will incur an interest charge at the rate of 1.5% per month until paid. I further understand that all credit card
transactions are subject to a 3% convenience fee.
14. All test equipment is guaranteed to work so that you can test with confidence®.
CALIBRATION TERMS AND CONDITIONS
Avalon Test Equipment is accredited to ISO/IEC 17025:2017 and ANSI/NCSL Z540.1, which are written in language relevant to laboratory operations and generally operate in accordance with the principles of ISO 9001.
1. Available Levels of Calibration Certifications
• Standard or Commercial Calibration (NIST Traceable)
o Calibration is performed with NIST traceable standards. Full data is only reported if the instrument is found out of tolerance.
• Z540 Calibration (NIST Traceable with Data provided)
o Calibration is performed with NIST traceable standards in full compliance of ANSI Z540.1. Full data is recorded and included with a certificate.
• 17025 Accredited Calibration (Accredited)
o Calibrations are performed in accordance with ISO/IEC 17025:2017 and within Avalon’s scope of accreditation. Certificate of calibration includes full data reporting and uncertainty calculation with accredited logo.
• Commercial Calibration and Z540 Calibration conform with ISO/IEC 17025:2017.
2. Turnaround Time
• Calibration requires 5–7 working days unless otherwise specified. Accredited calibrations require 10–15 working days unless otherwise specified.
• Turnaround time is assessed and based on the availability of standards and personnel to perform the calibration service.
• Handheld telecom test equipment calibrations come with a 24-hour guaranteed turnaround.
3. Method Used
• If no other calibration method is specified by the customer, Avalon will use the manufacturer, military, internationally recognized industry standard (ASTM, NIST, OMIL, etc.), or Avalon locally developed calibration procedure will be utilized based on availability.
4. Statements of Pass or Fail Conformance
Decision Rule – Avalon Test Equipment has calculated the uncertainty associated with in scope measurements and will report that uncertainty value. The decision rule used is Simple Acceptance as defined in ILAC G8 with measurement uncertainty value that will not exceed 10% of the tolerance.
The status of compliance with the acceptance criteria will be reported as:
PASS – Compliant with specification
OOT(Out of Tolerance)– Not compliant with specification
5. Calibration Interval
• Calibration intervals are customer-driven. Avalon Test Equipment will base re-calibration intervals on manufacturer recommendations or one year unless superseded by legal regulations or customer input.
6. Calibration Subcontracting
• Calibration subcontracting will be completed by an Avalon approved appropriate Vendor or Supplier if it is required.
• Avalon Test Equipment may include subcontracted work results from approved vendors that falls within Avalon's scope on the calibration certificate when circumstances warrant, or in the event that a subcontractor is used for accredited calibrations for its customers.
7. Limited Calibration
• For units requiring a limited calibration, Avalon will notify the customer regarding its condition. Avalon will proceed with limited calibration upon receipt of customer approval.
8.Out of Tolerance or Defective Units
• For units that are found to be out of tolerance or defective, Avalon will notify the customer regarding its condition. Avalon will proceed with failed calibration upon receipt of customer approval.
9. On-Site Calibration Service (When Applicable)
• On-Site fee includes all travel, lodging, and transport of our standards to do the job.
• The customer is to provide suitable calibration area that meets space and environmental requirements sufficient to complete work.
• The customer should schedule the availability of their equipment for calibration so as not to cause a delay.
10. Equipment Adds or Reductions
• The customer can add equipment during On-Site calibration services. This request must be done in writing and approved by the customer.
• The customer must agree to amend their current purchase order to include the additional equipment or issue a new purchase order for the additional equipment.
11. Limited Liability
• Avalon Test Equipment's calibration liability shall be limited to the repair, restoration, or replacement of equipment to the condition in which it was received from the customer.
• Avalon Test Equipment is not liable for any special, indirect, incidental, consequential, liquidated, penal, or economic losses or damages of any character. This includes, but is not limited to, loss of customer property, profits, or production, whether claimed by the customer or third party. This is irrespective of whether claims or actions for such damages are based upon agreement, warranty, negligence, strict liability, or otherwise.
12. Customer Approval
• A purchase order from the customer based on this quote is recognized as an approval for Avalon to do calibrations based on all the requirements that were discussed in this document.
• By signing the Avalon Master Agreement, Avalon recognizes that as an approval to perform calibrations based on all the requirements that were specified in this document. The calibration cost will be invoiced based on the agreed payment terms upon completion of the service. The customer’s unit will not be released until payment is received.
TRAINING TERMS AND CONDITIONS
1. Full payment is due before the class date. If payment has not been received, the trainee will not be admitted into the class.
2. All sales are final.
3. Avalon reserves the right to cancel a class up to one week before the class date if the minimum of required attendees is not met.
4. Certificates are issued after the training is complete.
5. A trainer can withhold a certificate if a trainee does not demonstrate a fundamental grasp of the course material.
6. The issued certificate belongs to the trainee, whose name is on the certificate, not the company or person who paid for the class. Under no circumstances can a certificate be transferred to another person.
7. The course material is released to the trainee in a printed book. No electronic copies of the material are issued.
8. Audio or video recording the training course is strictly prohibited.