DPS TERMS & CONDITIONS – On -line form T & C’s
Avenu shall use reasonable commercial effort to ship in stock supplies to the customer, typically within 14 business days. Customer shall be notified of any out-of-stock supplies as soon as reasonably practicable.
Delivery terms Risk of loss or Damage to Supplies: Avenu will bear the risk of loss or damage to any supplies while in transit to Customer destination. Customer will bear all risk of loss or damage to supplies after delivery to the shipping destination, unless the loss or damage is due to the negligence or willful acts of Avenu, its employees, agents, representatives, or subcontractors.
AVENU DIGITAL PROCESSING SERVICES (DPS): SUPPLIES. By ordering supplies from this Avenu form, Customer acknowledges and agrees to the following terms:
1). Payment: Customer agrees to pay the price for the DPS Supplies, within 30 days after receipt of the invoice.
2). Pass Through Warranty: Avenu agrees to pass through to Customer all warranties it receives from its’ manufacturers with respect to each of the products or supplies, to the extent it is legally permitted to so by the applicable third-party manufacturer(s). AVENU MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3). Inspection: Buyer shall inspect the Supplies within one (1) calendar day of receipt, (the “Inspection Period”). If Customer deems any or a portion of the delivered Supplies to be Nonconforming, Customer must provide written notice rejecting the affected Supplies, describing the reason(s) for rejection. Customer will be deemed to have accepted the Supplies unless it notifies Seller in writing of any nonconforming Supplies during the Inspection Period and furnishes such written evidence or other documentation as required by Avenu. Upon timely notification by Customer to Avenu of any nonconforming supplies, Avenu shall determine, in its sole discretion, whether the Supplies are Nonconforming. If Avenu determines that the Supplies are Nonconforming Supplies, it shall, in its sole discretion (i) replace such Nonconforming Supplies with conforming Supplies (ii) reimburse the Customer the amount it paid for the supplies. Customer shall ship, at Avenu’s expense and risk of loss, the Nonconforming Supplies to Avenu’s facility set forth in the Agreement.
4). Limitation on liability: Except to the extent required by law, Avenu (including its employees, officers, directors, and agents) will not be liable to buyer or anyone else on any legal theory in contract or tort for any indirect, incidental, special, punitive, exemplary, or consequential damages related to Avenu supplies, even if Avenu had been advised of the possibility of such damages.
5). Indemnity – The Customer agrees that it will indemnify and hold harmless Avenu against any and all claims, liabilities, damages, or causes of action (“CLAIMS”) hereafter brought or asserted by any person or entity, arising out of the installation or use of any Product(s) manufactured or sold by Avenu under this Agreement and in accordance with Customer’s Specifications except for any intentional or negligent acts of Avenu or any of Avenu’s employees, agents or contractors.
