Standard Terms and Conditions
Please read the following Terms and Conditions ("Terms") carefully. These Terms govern your access and use of the AVRESTORE® web sites and services. By using our web sites and ordering from AVRESTORE® you (herein referred to as "CLIENT") agree to these Terms.
This will constitute a binding agreement between CLIENT (the party who is using AVRESTORE’s Web Site or Mobile Sites or contracting to receive services and products) and DO Technical Services, Inc. d.b.a. AVRESTORE® of 155 Boardwalk Drive, Suite 400 -514, Fort Collins, CO 80525 (herein referred to as "AVRESTORE").
This document (and any attached documents) contains the entire agreement between AVRESTORE® and CLIENT concerning services and products related to image, sound and data (the "Products") from items (including, without limitation, master media, photographs, artwork, label and packaging materials) delivered to AVRESTORE® by or for CLIENT (the "Materials"). This document supersedes all prior oral or written understandings, representations and agreements between AVRESTORE® and CLIENT, including any terms, which may appear on the CLIENT's documents or purchase order.
The following Standard Terms and Conditions shall apply to and be a part of CLIENT’s order for media conversion and/or restoration services. The CLIENT, on behalf of itself and its employees, representatives, consultants and each of their affiliates agrees with AVRESTORE® as follows:
Orders are accepted by AVRESTORE® after the original media is received and verified by our employees. AVRESTORE® and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if AVRESTORE® believes that customer conduct violates applicable law or is harmful to the interests of AVRESTORE® and its subsidiaries.
Prices charged for services and Products provided to CLIENT are as shown on AVRESTORE® Web Site or in the quote issued by AVRESTORE® after inspecting the materials. CLIENT shall be responsible for all taxes, duties, excises and other charges associated with the production, sale or transportation of Products and performances of services. If the price quoted for the services to be performed under the Statement of Services or listed on the Web Site does not include any additional charge(s) related to a condition assessment or necessary restoring and cleaning of the media provided by CLIENT, the costs of cleaning, repairing, or other work related to the condition of media will be provided to the CLIENT and the Statement of Services or Web Site price amended to provide for any additional service costs.
CLIENT may not cancel orders after AVRESTORE® has begun processing or manufacturing. AVRESTORE® shall be entitled to receive full payment of all amounts estimated to be due if cancellation is made after processing or manufacturing has begun. On canceled orders the CLIENT agrees to pay for any work performed by AVRESTORE® on his behalf up to the time of cancellation including evaluating the media, shipping, handling, packaging, repairs and restoration.
All shipments of Products will be F.O.B. AVRESTORE® facility and shipping charges and risk of loss or damage in transit shall be CLIENT's sole responsibility. Shipment is by regular ground service unless otherwise specified by CLIENT. AVRESTORE® reserves the right to make partial shipments.
3. Payment Terms
AVRESTORE® will charge the CLIENT for completed work according to prices listed on the Web Site or quoted by AVRESTORE® in writing. Listed prices are not guaranteed to be sufficient for the completion of the project. AVRESTORE® will evaluate the original media and invoice the CLIENT for any differences between the estimate and any other services needed to complete the project.
CLIENT agrees to pay AVRESTORE® the entire amount due immediately upon invoicing, for all services and products associated with the CLIENT’s work unless other terms are agreed upon in writing. Claims for adjustments in amounts due AVRESTORE® must be presented in writing within 5 days from the date of Invoice.
If the CLIENT is found to have made a payment for a lesser amount than the total correct invoice amount, it shall be deemed a "payment on account" and any endorsement or statement on any check (or letter accompanying any check or payment) shall not be deemed to effect or evidence an accord or satisfaction, and AVRESTORE® may accept such a check or payment without prejudice to AVRESTORE’s right to recover the balance or pursue any other remedy allowed by law.
If AVRESTORE® agrees in writing to extend credit, payment of Invoice is due within 30 days of invoice date. If any amount remains outstanding after its due date, Interest shall run on that amount from the initial due date at the rate of 1-1/2% per month (18% per annum) and shall accrue daily.
Any credit on CLIENT's account must be claimed or used within 12 months from the shipping date of the goods to which the credit relates.
CLIENT grants AVRESTORE® a security interest in all Products and Materials until all amounts due are paid in full. AVRESTORE® may delay or withhold shipment of any order if payment in full has not been received on any prior order. CLIENT will pay all costs, fees and expenses of every nature (including attorney fees and expenses) incurred by AVRESTORE® in recovering any amounts owed by CLIENT, whether or not a lawsuit is commenced.
AVRESTORE® does not offer refunds since a service is provided and the product cannot be sold to any other customer. If CLIENT is concerned about the quality that will be received, AVRESTORE® suggests submitting first a test piece of media for processing.
Gift certificates and/or gift cards are not redeemable for cash. AVRESTORE® is not responsible for lost or stolen gift cards or gift certificates. If any order exceeds the value of the gift card or gift certificate, the balance must be paid at the time of order.
“Free quote” refers to the visual inspection of the Materials and preparing the estimate and does not apply to processing and returning the Materials.
4. Abandoned Property
CLIENT will make arrangements for the return of their Materials from AVRESTORE® within (15) days of notification by AVRESTORE® that work has been completed. Any materials not claimed by the CLIENT within 30 days of notification by AVRESTORE® that work has been completed will be subject to storage fees and Colorado State laws regarding abandoned property. At the time of notification, AVRESTORE® will include current storage rates. AVRESTORE® has the right to:
a) return the Materials to CLIENT at the address indicated on the last order placed by CLIENT, at CLIENT's expense, or
b) destroy, erase, sale or make any other disposition of such Materials without liability to CLIENT or any other person.
Subject to the security interest granted above, CLIENT shall retain title to all Materials and their content. CLIENT warrants it owns all Materials or that it has the right and authority to deliver them to AVRESTORE® and have them reproduced. CLIENT also warrants it owns all copyright in the contents of the Materials (including without limitation any computer code embedded therein) or has the unrestricted right to permit AVRESTORE® to perform the services requested hereunder. CLIENT warrants the Materials do not contain any obscene or objectionable matter. CLIENT will indemnify, defend and hold AVRESTORE® harmless from and against any and all actions, suits, claims, liabilities, damages, losses and expenses (including attorney fees and expenses) arising directly or indirectly out of or in connection with any claim that the services rendered or products manufactured hereunder violate any law or regulation or violate any rights of third parties (including without limitation, any liability for slander, defamation, invasion of privacy, or infringement of any patent, copyright, trademark or other proprietary right of any third party).
CLIENT is solely responsible for delivering Materials to, and retrieving (or paying for shipping) Materials from, AVRESTORE®. At CLIENT's request and sole risk, AVRESTORE® will store Materials while AVRESTORE® is providing services hereunder, at any place that AVRESTORE® deems appropriate. During such period, a storage charge may be assessed.
Any CLIENT material found to contain toxic substances or mold will be sent for analysis at the CLIENT’s expense before any AVRESTORE® employee performs work on the material. CLIENTS who detect potentially hazardous substances or mold on their material should first send it to a certified lab for analysis before shipping to AVRESTORE® to avoid additional charges.
6. Risk of Loss or Damage
CLIENT warrants that all materials provided to AVRESTORE® are fully insured by CLIENT against all loss or damage while in AVRESTORE’s possession or control without any subrogation rights against AVRESTORE®. All CLIENT materials are accepted on the assumption that they are fully insured.
The sole remedy by CLIENT for loss or damage to CLIENT material shall be as follows: AVRESTORE® will voluntarily, without admission of liability, reimburse CLIENT for the cost of the raw stock that contained the CLIENT material. AVRESTORE® accepts no other liability express or implied. Any claim by CLIENT for reimbursement must be made in writing to AVRESTORE® within 10 days after actual or constructive notice of the loss or damage.
CLIENT grants AVRESTORE® a non-transferable license to reproduce, transform and distribute copies of Materials to the extent necessary for AVRESTORE® to fulfill CLIENT's order.
The Content included in this Web Site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this web site. AVRESTORE® makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web Site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, the CLIENT assumes the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet CLIENT’s needs and requirements.
AVRESTORE® disclaims any express or implied warranty with respect to products or services under this agreement, including without limitation, any express or implied warranty of merchantability or fitness for any use or purpose and non-infringement. AVRESTORE® does not make any warranty whatsoever to CLIENT or to any end user or other person. AVRESTORE® will review, at its discretion, any CLIENT dissatisfaction with services or products provided a claim is made in writing within 15 days of return shipment. Review does not constitute any warranty whatsoever.
AVRESTORE® shall in no way be liable for special, incidental, or consequential damages.
As additional consideration for the work performed by AVRESTORE® under this Agreement, the CLIENT agrees to include a credit to AVRESTORE® for any distribution in broadcasting, physical media or other electronic means.
If CLIENT discloses confidential information to AVRESTORE® and clearly identifies such information in writing as "confidential", AVRESTORE® shall use reasonable care to ensure that such information is disclosed only to AVRESTORE's employees or contractors requiring access to such information to render the services or manufacture Products requested by CLIENT. Nothing herein shall limit AVRESTORE's right to use or disclose information that (a) becomes available to the public without fault of AVRESTORE®, (b) is lawfully acquired by AVRESTORE® from a third party, (c) is in the possession of AVRESTORE® at the time of disclosure by CLIENT, (d) is developed by or on behalf of AVRESTORE® by persons who have not received CLIENT's confidential information, or (e) is required by law to be disclosed.
11. Delivery Time
AVRESTORE® will endeavor to meet its delivery dates, but accepts no liability for any delivery dates, including direct or consequential loss arising from late delivery for any reason. The CLIENT is not entitled to cancel the order by reason of late delivery.
AVRESTORE® reserves the right to change these Terms and Conditions without notice. Please refer to this site periodically for any changes. By continuing to use the Service after AVRESTORE® makes any such changes, CLIENT agrees to be bound by the revised Terms.
If any provision of this document is declared to be invalid or unenforceable by a court of competent jurisdiction, such declaration shall apply only to such provision, and the remaining provisions will remain in full force and effect, and the court is hereby authorized to reduce or expand the scope of the provision which is invalid or unenforceable in order to make it valid and enforceable.
The English language text, and American usage thereof, shall control the interpretation of this document and all other writings between the parties. All writings required hereunder shall be in the English language. CLIENT's payments shall be made in United States dollars, and CLIENT shall bear the risk of any exchange rate fluctuations. CLIENT shall: comply with all domestic or foreign laws related to its order; comply with all import and export laws and regulations and all applicable security and controller access laws and regulations, including obtaining all necessary security clearances, for airports, cargo transport areas, and related facilities, and be responsible for obtaining all required governmental approvals and licenses, and paying all customs, fees, taxes, duties and other charges in connection with the performance of the terms hereof. AVRESTORE® is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
15. Void Where Prohibited
Although the information on our Web Site is accessible worldwide, not all products or services discussed in this Web Site are available to all persons or in all geographic locations or jurisdictions. AVRESTORE® and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this web site is void where prohibited.
16. Force Majeure
AVRESTORE® will not be responsible for claims or damages from delay in delivery or failure to perform if such failure or delay is caused by circumstances beyond the reasonable control of AVRESTORE® or its suppliers or contractors (including, but not limited to, acts of God, unavailability of materials, equipment failures, strikes or other labor disturbances).
CLIENT represents by submitting an order that CLIENT is not insolvent, as that term is defined in the applicable Uniform Commercial Code. In the event CLIENT becomes insolvent before delivery of goods, CLIENT will notify AVRESTORE® in writing. A failure to so notify AVRESTORE® shall be construed as a reaffirmance of CLIENT's solvency at the time of delivery.
18. Waiver of Contractual Right
All AVRESTORE's rights herein are cumulative and not restrictive. No waiver by AVRESTORE® of any CLIENT's defaults or failure to perform shall operate as a waiver of future defaults or failures to perform.
19. Governing Law
This document shall be governed by and construed in accordance with the laws of the State of Colorado, without application of conflict of laws principles. CLIENT consents to the exclusive jurisdiction of any state or federal court located within the State of Colorado, and agrees any action by CLIENT shall be filed in such courts.
20. Legal Notice
All notices from AVRESTORE® to CLIENT may be posted on our Web Site and will be deemed delivered within fifteen (15) business days after posting. Notices from CLIENT to AVRESTORE® shall be made either by e-mail, sent to the address we provide on our Web Site, or first class mail to our address at:
155 Boardwalk Dr. Suite 400-514 Fort Collins, CO 80525, U.S.A.
Delivery shall be deemed to have been made by CLIENT to AVRESTORE® ten (10) business days after the date sent.
All content appearing on this Web site is the property of:
AVRESTORE® 155 Boardwalk Dr. Suite 400-514 Fort Collins, CO 80525, U.S.A.
Copyright © 2019 AVRESTORE®. All rights reserved.
As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as
(1) the document is used for informational purposes only, and
(2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2019 AVRESTORE®. All rights reserved.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by AVRESTORE®. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of AVRESTORE® or any third party, except as expressly granted herein. AVRESTORE® is a registered US Trademark. Violators will be prosecuted
23. Digital Millennium Copyright Act
If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through AVRESTORE’s service to:
155 Boardwalk Dr.
Fort Collins, CO 80525.
In order for your claim to be considered, please include the following information:
- Identify the copyrighted work you claim is being infringed and the name and address of the copyright owner.
- Specify why you believe the disputed use does not qualify under the “fair use” doctrine.
- State under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.
25. Business Hours
Customer service is available as defined on the “Contact Us” page of this Web Site.
If you have any questions about these terms and conditions or the practices of this site, please contact us.