Terms and Conditions
PRODUCT EVALUATION AND RENTAL TERMS AND CONDITIONS
- Product Rental and Product Evaluation Terms. Pursuant to these terms, AVBB is either loaning you certain products as you have requested (“Products”) for evaluation purposes, or is renting the Products to you for the indicated period commencing on the date of your receipt of the requested Product (the “Term”). If you are obtaining the Product for evaluation purposes, You shall use the Product solely for the purpose of evaluation to determine suitability for your intended use of the Product. AVBB grants you a temporary license to use any software or firmware imbedded in the Product in support of your use of the Product for such purpose. If you are renting the Product, you will pay the rental fee as required by AVBB, for the indicated Term, and at the end of the Term shall return the Product to AVBB as required in these Terms and Conditions. You represent and warrant that you are obtaining the Products only for commercial purposes, and not for any personal, family or household purposes.
Your acceptance and use of the Product(s) constitutes your irrevocable acceptance of and agreement to these terms and conditions. If you do not agree with these terms and conditions, you should immediately return the Product(s) to AVBB.
You consent to AVBB charging your credit card for all applicable charges, and You understand and agree that if you do not return the Product at the end of the Term, free of damage (other than reasonable wear and tear) AVBB may charge your credit card the for the full retail value of the Product. You further consent to AVBB seeking background information about you from a consumer reporting agency, in the form of consumer reports and investigative consumer reports, and to AVBB’s reporting your performance under these terms and conditions to consumer reporting agencies.
Shipping and Service. AVBB shall bear all transportation costs for shipping the Product to you. You will be responsible for all such costs to return the Product to AVBB, using the enclosed shipping return label. All such shipping shall be performed by AVBB’s designated agent for shipping. During the Term, AVBB shall, at its expense, provide service and support for the Product as it deems necessary. You may not obtain service and support from any third party.
- Alterations and Attachments. You shall not make any physical, mechanical, electrical or electronic changes to the Product. You may attach appropriate peripheral devices to the Product’s peripheral ports in connection with your evaluation.
- Return of Products. You shall return the Product to AVBB at the end of the Term, or if you are obtaining the Product for evaluation purpose, at any time upon AVBB’s request. You shall return the Product to AVBB in the same condition as received, less normal wear and tear and without any alterations or attachments. Prior to the return of the Product to AVBB, you shall remove any and all data and information from the Product that may have been stored thereon during the Term.
- No Cost for Evaluation. If you are obtaining the Product for evaluation purposes, there is no cost to you other than the indicated shipping costs. If you are renting the Product you will pay the rental fee as indicated above. If you return the Product in damaged condition (other than normal wear and tear); or if you fail to return the Product to AVBB within fifteen (15) days after the end of the Term or upon AVBB’s request, you shall pay AVBB for the Product. The price shall be AVBB’s then current list price for the Product, plus any applicable taxes. Payment shall be due upon receipt of AVBB’s invoice. The terms of this Agreement shall apply to any such purchase.
- Purchase After Evaluation. After your evaluation Term, if you desire to purchase the Product, AVBB shall provide a price quotation for such Product, plus any applicable taxes. Payment shall be due upon receipt of AVBB’s invoice. The terms of this Agreement shall apply to any such purchase.
- Risk of Loss. You shall be responsible for any loss or damage to the Product from the time it is received from AVBB’s shipping agent until it is received back by AVBB. You shall protect the Product from theft, damage, misuse or loss. You shall operate the Product in an environment consistent with Product user documentation. If you do not use AVBB’s enclosed shipping label, you shall provide proof of delivery to AVBB or be responsible for loss of or damage to the Product.
- No Warranty. ANY EVALUATION PRODUCT IS BEING MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, AND AVBB MAKES NO WARRANTIES OR GUARANTEES REGARDING THE CONDITION OF THE PRODUCT OR ITS SUITABILITY FOR YOUR INTENDED USE. ALL EXPRESS WARRANTIES, AS WELL AS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND SHALL NOT APPLY. IF YOU ARE RENTING THE PRODUCT, OR SHOULD YOU PURCHASE THE PRODUCT, YOU SHALL HAVE THE BENEFIT OF MANUFACTURER WARRANTIES COVERING THE PRODUCT.
- Limitation of Liability. In any action arising out of or related to this Agreement or the Product, AVBB shall not be liable for any of the following whether informed of their possibility or not and whether arising in contract, tort, (including negligence) or otherwise: 1) loss of, or damage to, data; 2) special, incidental, exemplary, punitive, indirect or consequential damages; or 3) lost profits, business, revenue, goodwill or anticipated savings.
- Indemnification. You shall indemnify, defend, and hold harmless AVBB, its affiliates and their employees, officers and directors, from and against any and all third party claims, demands, suits, obligations, liabilities, damages, losses and judgments, costs and expenses, which may be asserted against or incurred by AVBB, and affiliate of AVBB, or their employees, officers and directors, arising out of You’s breach of this Agreement or the Product, including but not limited to: 1) loss or damage to any AVBB property, including the Product (but excluding normal wear and tear to the Product); 2) injury or death of any person caused by your modification of the Product; 3) loss of or damage to any you or third party tangible or intangible property, including data; or 4) failure by you to remove any data or information stored on the Product.
- Termination. This Agreement covers current and future Products AVBB provides to you for your evaluation and shall continue in effect until terminated by either party upon written notice to the other. Any terms of this Agreement which by their nature extend beyond the termination of the Agreement shall remain in effect as necessary to fulfill their purpose.
- General. We will post any amendments to this Agreement to our website at www.aaroniausa.com/terms-and-conditions. We will use reasonable efforts to contact you to notify you of such amendments by email notice to the email address you have provided us. Such amendment(s) shall become effective automatically if you do not notify us in writing with your objections within thirty (30) days of the posting of the amendment. This Agreement is the complete agreement between the parties regarding the subject hereof and replaces any prior oral or written communications between the parties. Neither party is responsible for failure to fulfill any obligation under this Agreement owing to causes beyond its control. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.