Orders

Agreement to Terms of Sale

Thank you for placing your trust in AVID. By placing an order or making a purchase at the AVID web site, you agree to the terms set forth below along with AVID’s Privacy Policy and Terms of Use.

These Terms and Conditions of Sale (the "Terms of Sale") apply to the AVID web site located at www.avidproducts.com (collectively, the "Site"). The Site is the property of AVID Products, Inc. ("AVID"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF SALE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

AVID reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Sale, at any time. It is your responsibility to check these Terms of Sale periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Unless otherwise specifically agreed to in writing by AVID, these AVID Terms of Sale shall apply to any and all orders placed by you for products of Avid on the AVID web site (the “Product” or “Products”).

Payment Terms

AVID reserves the right to change prices for products at any time, and to correct pricing errors that may inadvertently occur.  AVID accepts all major Credit Cards, prepayments with Checks, and Purchase Order Numbers.  If you are a tax-exempt customer, please provide us with a copy of Tax-Exempt Certificate.

Order Acceptance/Confirmation

AVID may, in its sole discretion, refuse or cancel any order and limit order quantity. AVID may also require additional qualifying information prior to accepting or processing any order. Once we receive your order that was placed on avidproducts.com, we’ll provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify AVID’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. AVID reserves the right at any time after receiving your order to accept or decline your order for any reason. If AVID cancels an order after you have already been billed, AVID will refund the billed amount.

Returns

To obtain Limited Warranty Service from AVID, you must return product, with proof of purchase, using the following process.

All product must be unused in original packaging, in resalable condition and include all components including manuals, cables, earpads, etc within 30 days of purchase. All returns must be authorized by an AVID representative before returned and are subject to individual customer contracts and agreements and disclosures.

All returns are subject to a 15% restocking fee.

Warranty

Limited Warranty

Who Is Protected By The Limited Warranty

Only AVID products purchased by consumers directly from AVID or an authorized AVID distributor or reseller, carry our limited warranty. This limited warranty is extended only to the original end-use purchaser or the person receiving the product as a gift. This limited warranty is not transferable and is applicable only in the country in which you originally purchased your AVID Product. Any attempt to transfer this warranty shall immediately make this warranty void.

Limited Warranty

AVID Products, Inc. (“AVID”) warrants that this product, when delivered to you in new condition, in original packaging, from AVID and used in normal conditions, is free from any defects in manufacturing, materials and workmanship for the time periods below:

• Headphones and headsets (TRS, TRRS, USB-A, USB-C) – 2 years after date of retail purchase by the original end-use purchaser;
• Headphones, earphones and earbuds less than $5 (five dollars) MSRP – only the return policy applies;

Pursuant to this Limited Warranty, AVID will, at its option: (1) repair the product with new or refurbished parts; (2) replace the items determined by AVID to be defective with a new or refurbished product; or (3) at AVID’s sole option, the price of the product may be refunded, subject to depreciation based on your purchase price for the product pro-rated over the remaining balance of the warranty period. For purposes of this Limited Warranty, “refurbished” means a product or part that has been returned to its original specifications. In the event of a defect, these are your exclusive remedies.

This Limited Warranty only covers product issues caused by defects in material or workmanship during ordinary consumer use. This Limited Warranty does not cover defects caused by any other reason, including but not limited to: commercial use; acts of God; limitations of technology; neglect (including the lack of reasonable and necessary maintenance); improper or unreasonable use or maintenance; failure to follow operating instructions; accident; excess moisture; insects; lightning; power surges; connections to improper voltage supply; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures; loss of, damage to or corruption of stored data; damages caused by use with other products; product that requires modification or adaptation to enable it to operate in any country other than the country for which it was designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; damage to, or deterioration of, any accessory or decorative surface; damage resulting from the performance of repairs by someone other than an AVID authorized service provider; and products purchased from unauthorized dealers.

This Limited Warranty does not cover products sold AS IS or WITH ALL FAULTS or consumables (such as fuses or batteries). This Limited Warranty covers only actual defects within the product itself, and does not cover claims based on misrepresentation by the seller, performance variations resulting from installation-related circumstances such as source quality or AC power or product modification. This Limited Warranty is invalid if the factory-applied serial number has been altered or removed from the product.

Repair/Replacement Warranty

This Limited Warranty shall apply to any repair, replacement part or replacement product for the remainder of the original Limited Warranty period or for ninety (90) days, whichever is longer. Any parts of product replaced under this Limited Warranty will become the property of AVID.

Who Pays For What

This Limited Warranty covers all expenses for labor and materials required for the repair or replacement of the product that is found to be defective, and a reasonable return shipping charge.

You will be charged for the cost of examining a unit that is not in need of repair (including resulting shipping costs), or for necessary repairs not covered by this Limited Warranty. Shipping and insurance for good transportation from the customer to AVID, as well as import fees, duties and taxes, will be paid by the customer.

Instructions

To obtain warranty service, you must notify AVID within sixty (60) days after discovery of the defect, and you must deliver the defective items, freight prepaid, in either its original packaging or packaging affording an equal degree of protection to the AVID authorized service facility specified. For specific instructions on how to obtain warranty service for your product: (1) contact AVID customer support at customerservice@avidproducts.com; or (2) visit AVID’s website at https://avidproducts.com/orders-returns-warranty/. To validate your rights to this Limited Warranty, you must provide the original sales invoice or other proof of ownership and date of purchase. AVID shall have no liability under this warranty unless the procedures of the Return Policy are followed, including the issuance of an RMA.

What to Do if You Are Not Satisfied With Service

If you feel AVID has not met its obligations under this warranty, you may attempt to resolve the issue informally with AVID. If you are unable to resolve the issue informally and wish to file a formal claim against AVID, and if you are a resident of the United States, you must submit your claim to binding arbitration according to the procedures described below, unless an exception applies. Submitting a claim to binding arbitration means that you do not have the right to have your claim heard by a judge or jury, either individually or a part of a class of consumers. Instead your claim will be heard by a neutral arbitrator.

Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE BROUGHT AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR AVID PRODUCTS, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE AVID PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply. To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and AVID, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point AVID will cover all additional administrative fees and expenses.

The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase if in the United States. The place of arbitration will be Johnston, Rhode Island, United States. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor AVID nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior consent of you and AVID.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. AVID AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH WITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

Exceptions to Binding Arbitration Agreement and Class Action Waiver

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify AVID in writing within sixty (60) days of the date that you purchased the AVID product; (2) your written notification must be mailed to AVID at 235 Promenade Street, Suite 119, Providence, RI 02908; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, (d) a copy of your proof of purchase, and (e) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver.

LIMITATION ON DAMAGES

ALL IMPLIED WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND IN NO EVENT SHALL AVID BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF AVID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Remedies for any breach of warranty are limited to those provided herein to the exclusion of all other remedies, including, without limitation, incidental or consequential damages. No warranty or agreement varying or extending the foregoing warranty and limitation of remedy provisions may be relied upon unless it is in writing and signed by the President of AVID. No representation or affirmation of AVID, whether by words or action, shall be construed as a warranty.

DURATION OF IMPLIED WARRANTIES

TO THE EXTENT THAT AVID CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by jurisdiction.

Severability

If any term of this warranty, other than the class action waiver is found to be unenforceable, that term will be severed from this warranty and all other terms will remain in effect. If the class action waiver is found to be unenforceable, then the entire section titled “Binding Arbitration Agreement; Class Action Waiver [U.S. Residents Only]” will not apply. This warranty applies to the maximum extent not prohibited by law.