TERMS & CONDITIONS

1. Acceptance of Terms

Welcome to the AV Plus website.

These Terms & Conditions (“Terms”) govern your access to and use of the AV Plus website, dealer portal, online ordering system, products, services, and related features collectively referred to as the “Website.”

The Website is operated by AV Plus, Inc. References to “AV Plus,” “we,” “us,” and “our” mean AV Plus, Inc. References to “you,” “your,” “customer,” and “dealer” mean the person or business accessing the Website, maintaining an account, or purchasing products or services from AV Plus.

By accessing or using the Website, creating an account, submitting an order, or purchasing products or services from AV Plus, you acknowledge that you have read, understood, and agree to be bound by these Terms.

When using the Website or placing an order on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Do not access or use the Website if you do not agree to these Terms.

2. Business-to-Business Website

AV Plus is primarily a wholesale distributor serving qualified dealers, installers, integrators, contractors, resellers, and other business customers.

Certain products, pricing, promotions, services, and Website features may be available only to approved AV Plus customers.

AV Plus reserves the right to determine customer eligibility and to approve, deny, restrict, suspend, or terminate any account at its discretion.

3. Account Registration

You may be required to create an approved account before viewing dealer pricing or purchasing products through the Website.

You agree to provide complete, accurate, and current information when registering for or maintaining an account. You are responsible for updating your account information whenever it changes.

AV Plus may request documentation to establish or maintain an account, including:

  • A valid business license;

  • A seller’s permit;

  • A resale certificate;

  • A contractor’s license;

  • Business identification documents;

  • Credit references;

  • A credit application; or

  • Other information reasonably required by AV Plus.

Approval of an account does not guarantee approval of credit terms, access to every product line, or authorization to sell every manufacturer’s products.

4. Account Security

You are responsible for protecting your username, password, and other account credentials.

You may not share your account credentials with unauthorized persons or permit another business to use your account.

You are responsible for all orders and activities conducted through your account, including orders placed by your employees, representatives, contractors, or other authorized users.

You must notify AV Plus promptly if you believe that your account has been accessed or used without authorization.

AV Plus is not responsible for losses resulting from your failure to protect your account credentials or restrict access to your account.

5. Website Use

You may use the Website only for lawful business purposes and in accordance with these Terms.

You may not:

  • Use the Website for unlawful, fraudulent, deceptive, or unauthorized purposes;

  • Impersonate another person or business;

  • Submit false, inaccurate, outdated, or misleading information;

  • Attempt to gain unauthorized access to the Website, another customer’s account, or AV Plus systems;

  • Use bots, crawlers, spiders, scraping tools, automated scripts, or similar technology to access or collect Website information;

  • Copy, download, compile, or reproduce AV Plus pricing, inventory, product databases, or customer information;

  • Interfere with the operation, performance, or security of the Website;

  • Introduce viruses, malware, harmful code, or other damaging technology;

  • Attempt to bypass security or authentication measures;

  • Reverse engineer or attempt to derive the source code of any Website software;

  • Use Website content to create a competing database, catalog, website, or service; or

  • Assist another person in performing any prohibited activity.

AV Plus may suspend or terminate access to the Website for suspected misuse or violation of these Terms.

6. Product Information

AV Plus attempts to provide accurate product descriptions, specifications, images, compatibility information, availability, and pricing.

However, product information may contain inaccuracies, typographical errors, incomplete information, or manufacturer-supplied content that has changed without notice.

Product images are provided for reference and may not show the exact product, packaging, accessories, finish, or current model revision.

Customers are responsible for confirming that a product is appropriate and compatible with the intended application before ordering or installing it.

Manufacturer specifications and features may change without notice.

AV Plus reserves the right to correct errors or update product information at any time.

7. Pricing

Pricing displayed on the Website may be available only to approved customers and must be treated as confidential.

Prices are subject to change without notice.

Website prices may not include applicable:

  • Sales tax;

  • Shipping;

  • Freight;

  • Delivery charges;

  • Handling fees;

  • Environmental fees;

  • Credit card processing fees;

  • Special-order charges; or

  • Other applicable charges.

AV Plus reserves the right to correct pricing, promotional, discount, rebate, or product-description errors, including after an order has been submitted.

If an order contains an incorrect price, AV Plus may correct the price, contact the customer for approval, or cancel the affected portion of the order.

Quotations are valid only for the period stated in the quotation. Unless otherwise stated, quotations are subject to product availability and manufacturer price changes.

8. Confidential Dealer Pricing

Dealer pricing, discounts, quotations, rebate information, promotional pricing, and other nonpublic commercial information provided by AV Plus are confidential.

Customers may not publish, distribute, disclose, reproduce, or provide confidential AV Plus pricing to unauthorized third parties.

AV Plus may suspend access to dealer pricing or terminate an account if confidential pricing is disclosed or misused.

9. Orders

An order submitted through the Website constitutes an offer to purchase products or services under these Terms.

An automated order acknowledgment confirms only that AV Plus received the order. It does not mean that the order has been accepted.

Orders are subject to:

  • Account approval;

  • Product availability;

  • Pricing confirmation;

  • Payment authorization;

  • Credit approval;

  • Manufacturer restrictions;

  • Fraud screening; and

  • Final acceptance by AV Plus.

AV Plus may accept, reject, limit, place on hold, or cancel any order or portion of an order.

AV Plus may also require additional identification, payment verification, deposit, documentation, or written confirmation before processing an order.

10. Order Changes and Cancellations

Requests to change or cancel an order must be submitted promptly.

AV Plus does not guarantee that an order can be changed or canceled after it has been processed, allocated, transferred, shipped, or submitted to a manufacturer.

Special-order, custom, configured, programmed, fabricated, or non-stock products cannot be canceled after AV Plus or the manufacturer begins processing the order.

Customers are responsible for any manufacturer cancellation fees, freight charges, restocking fees, or other costs resulting from an approved cancellation.

11. Product Availability and Backorders

Product availability and inventory quantities are subject to change without notice.

Website inventory information may not reflect pending orders, transfers, damaged products, allocation restrictions, or other inventory adjustments.

AV Plus does not guarantee that a product shown as available will remain available when an order is processed.

Backordered products may be shipped when available unless the order is canceled in accordance with AV Plus policies.

AV Plus may make partial shipments and invoice each shipment separately.

AV Plus is not responsible for losses caused by product shortages, manufacturer allocations, discontinued products, or delayed availability.

12. Payment

Payment is due according to the terms shown on the invoice, sales order, quotation, or customer account.

AV Plus may require payment by:

  • Credit card;

  • Debit card;

  • ACH;

  • Wire transfer;

  • Company check;

  • Cash;

  • Approved credit terms; or

  • Another payment method accepted by AV Plus.

Customers authorize AV Plus and its payment processors to charge the payment method provided for all authorized purchases and applicable fees.

AV Plus may delay or cancel an order if payment cannot be authorized or collected.

13. Credit Terms

Credit terms are available only to customers approved in writing by AV Plus.

AV Plus may establish or revise credit limits, payment terms, and account requirements at any time.

Credit approval for one order does not require AV Plus to extend credit for future orders.

Past-due accounts may be subject to:

  • Credit holds;

  • Suspension of shipments;

  • Suspension of Website ordering;

  • Revocation of credit privileges;

  • Cancellation of pending orders;

  • Collection activity; and

  • Any finance charges permitted by the customer’s credit agreement and applicable law.

Customers agree to pay reasonable collection costs, legal fees, court costs, and other expenses incurred by AV Plus in collecting overdue balances, to the extent permitted by law.

14. Sales Tax and Resale Certificates

AV Plus will collect applicable sales tax unless the customer provides a complete, valid, and current resale or exemption certificate acceptable to AV Plus.

Customers are responsible for ensuring that resale and exemption documentation remains accurate and current.

Customers are responsible for all taxes, penalties, interest, and other amounts arising from inaccurate, expired, incomplete, or improperly used exemption documentation.

AV Plus may collect tax on future purchases if the customer’s documentation expires or is determined to be invalid.

15. Shipping and Delivery

Shipping and delivery dates are estimates only and are not guaranteed unless AV Plus expressly agrees otherwise in writing.

Shipping, freight, delivery, handling, insurance, liftgate, residential delivery, inside delivery, redelivery, storage, and similar charges may be added to the customer’s invoice.

AV Plus may select the carrier and shipping method unless otherwise agreed in writing.

AV Plus is not responsible for delays caused by carriers, manufacturers, supply-chain interruptions, weather, labor disputes, government action, natural disasters, or other circumstances beyond its reasonable control.

Customers must provide a complete and accurate delivery address and any relevant delivery instructions.

Additional charges caused by an incorrect address, refused delivery, missed appointment, limited access, redelivery, or storage are the customer’s responsibility.

16. Risk of Loss and Inspection

Unless otherwise stated in writing, title and risk of loss transfer to the customer when the products are delivered to the customer, the customer’s representative, or the applicable carrier, depending on the shipping arrangement.

Customers must inspect all products and shipments promptly upon receipt.

Visible freight damage, shortages, incorrect products, or missing cartons should be documented on the carrier’s delivery receipt before the shipment is accepted whenever reasonably possible.

Claims relating to shipping damage, shortages, or incorrect products must be reported to AV Plus promptly and in accordance with the applicable shipping or return policy.

Customers should retain all cartons, packaging, labels, and shipping materials until the claim is resolved.

17. Customer Pickup and Authorized Representatives

Customers may authorize employees, contractors, installers, drivers, or other representatives to pick up purchases.

AV Plus may rely on the customer’s account information, written authorization, purchase order, prior course of dealing, or other reasonable verification when releasing products.

The customer is responsible for products released to a person reasonably believed by AV Plus to be authorized to act on the customer’s behalf.

AV Plus may require identification or additional authorization before releasing an order.

18. Returns and Return Merchandise Authorizations

AV Plus accepts eligible product returns within fourteen (14) calendar days from the original invoice date.

Approved returns are eligible for an exchange or AV Plus store credit only. Cash refunds and refunds to the original payment method will not be issued unless required by applicable law or expressly approved by AV Plus in writing.

No product may be returned without prior authorization and a valid Return Merchandise Authorization (“RMA”) issued by AV Plus.

Issuance of an RMA does not guarantee that a return will be accepted or that store credit will be issued. All returned products are subject to inspection and final approval by AV Plus.

To qualify for an exchange or store credit, returned products must:

  • Be returned within fourteen (14) calendar days from the original invoice date;

  • Be unused, uninstalled, and in resalable condition;

  • Be returned in the original, undamaged manufacturer packaging;

  • Include all accessories, manuals, parts, labels, inserts, and promotional items;

  • Include proof of purchase; and

  • Include the applicable RMA number and return documentation.

AV Plus may refuse any return that is unauthorized, late, incomplete, used, installed, altered, damaged, missing components, or improperly packaged.

Approved returns may be subject to restocking fees, return shipping charges, manufacturer fees, testing charges, or deductions for missing or damaged packaging, parts, or accessories.

Shipping, freight, delivery, handling, and special-order charges are not eligible for exchange or store credit unless AV Plus determines that the product was shipped in error.

Store credits:

  • Have no cash value;

  • May be applied only toward future purchases from AV Plus;

  • May not be transferred to another customer or account without AV Plus’s written approval; and

  • Are subject to any expiration period or additional conditions communicated by AV Plus.

19. Non-Returnable Products

Unless AV Plus expressly approves otherwise in writing, the following products are not eligible for return, exchange, or store credit:

  • Products returned more than fourteen (14) calendar days after the original invoice date;

  • Special-order products;

  • Custom, configured, fabricated, or programmed products;

  • Cut wire, cable, conduit, or other products sold by length;

  • Opened software or licensed products;

  • Activated subscription products;

  • Products with registered, redeemed, or activated licenses;

  • Clearance, closeout, discontinued, or final-sale products;

  • Installed or used products;

  • Products damaged after delivery;

  • Products altered from their original condition;

  • Products with missing, marked, damaged, or incomplete manufacturer packaging;

  • Products missing accessories, manuals, labels, inserts, serial numbers, or promotional items;

  • Products subject to manufacturer return restrictions; and

  • Any product marked as non-returnable at the time of sale.

Defective products are subject to the applicable manufacturer warranty process and are not automatically eligible for return, exchange, or store credit.

20. Defective Products and Manufacturer Warranties

Most products sold by AV Plus are covered solely by the applicable manufacturer’s warranty.

Warranty eligibility, duration, coverage, exclusions, repair procedures, replacement procedures, and processing times are determined by the manufacturer.

AV Plus may assist customers with manufacturer warranty claims but does not control and cannot guarantee the manufacturer’s decision or processing time.

A manufacturer may elect to repair, replace, credit, or reject a warranty claim according to its policies.

Labor, removal, reinstallation, programming, troubleshooting, transportation, lost time, and other service costs are not covered by AV Plus unless expressly agreed in writing.

21. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Website and all Website content are provided on an “as is” and “as available” basis.

AV Plus does not guarantee that the Website will be uninterrupted, secure, error-free, or free of harmful components.

Except for any written warranty expressly provided by AV Plus, products are sold subject to the applicable manufacturer’s warranty.

To the fullest extent permitted by law, AV Plus disclaims all other express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

22. Authorized Dealer Requirements

Customers must comply with all manufacturer requirements applicable to the products they purchase, advertise, install, distribute, or resell.

Manufacturer requirements may include:

  • Dealer authorization requirements;

  • Territory restrictions;

  • Training or certification requirements;

  • Product registration requirements;

  • Minimum Advertised Price policies;

  • Branding requirements;

  • Installation standards;

  • Warranty procedures;

  • Customer-support requirements; and

  • Restrictions on online advertising or resale.

Purchasing a product from AV Plus does not automatically make the customer an authorized dealer of the applicable manufacturer.

Customers are responsible for confirming their authorization status before representing themselves as an authorized dealer.

23. Online Sales Restrictions

Unless AV Plus expressly authorizes otherwise in writing, products purchased from AV Plus may not be advertised, marketed, redistributed, or sold through an online retail outlet or third-party marketplace.

Restricted channels include:

  • Amazon;

  • eBay;

  • Walmart Marketplace;

  • Facebook Marketplace;

  • Etsy;

  • Newegg;

  • OfferUp;

  • Craigslist;

  • Auction websites;

  • Marketplace reseller applications;

  • Social-media storefronts; and

  • Similar online marketplaces or third-party sales platforms.

This restriction does not prohibit a dealer from using its own approved business website when such use is permitted by AV Plus and the applicable manufacturer.

Customers must comply with any more restrictive manufacturer policy.

Violation of this section may result in cancellation of orders, suspension or termination of the customer’s account, loss of purchasing privileges, notification to the applicable manufacturer, or other remedies available to AV Plus.

24. Minimum Advertised Price Policies

Customers must comply with all applicable manufacturer Minimum Advertised Price (“MAP”) policies.

MAP policies are established and administered by the applicable manufacturer and may change without notice.

AV Plus may restrict or terminate access to products when a customer violates a manufacturer’s MAP policy or other advertising requirements.

25. Resale, Installation, and Regulatory Compliance

Customers are solely responsible for ensuring that their advertising, sale, installation, programming, configuration, integration, servicing, and use of products complies with:

  • Applicable laws and regulations;

  • Building and electrical codes;

  • Licensing requirements;

  • Permit requirements;

  • Manufacturer instructions;

  • Safety requirements;

  • Privacy and surveillance laws;

  • Export-control requirements; and

  • Industry standards.

AV Plus does not assume responsibility for the design, installation, programming, performance, code compliance, or suitability of a customer’s system.

Technical information or recommendations provided by AV Plus are offered as general assistance and do not replace the judgment of a properly trained and licensed professional.

26. Export and Diversion Restrictions

Customers may not export, re-export, transfer, or divert products in violation of applicable United States laws, sanctions, export controls, manufacturer restrictions, or destination-country requirements.

Customers are responsible for obtaining any necessary permits, licenses, approvals, and authorizations.

AV Plus may refuse or cancel any transaction that it reasonably believes may violate export laws, sanctions, manufacturer restrictions, or other legal requirements.

27. Intellectual Property

The Website and its content—including text, graphics, logos, trademarks, photographs, product images, videos, catalogs, pricing, software, databases, page designs, and other materials—are owned by or licensed to AV Plus.

Website content is protected by applicable copyright, trademark, and other intellectual-property laws.

You may use Website content only for legitimate purchasing and business purposes associated with your AV Plus account.

You may not copy, reproduce, modify, publish, distribute, display, transmit, license, sell, create derivative works from, or otherwise commercially exploit Website content without prior written authorization from AV Plus or the applicable rights holder.

Nothing on the Website grants a license to use any AV Plus or manufacturer trademark except as expressly authorized in writing.

28. Customer Submissions and Feedback

Information submitted through the Website must be accurate, lawful, and free from malicious code.

You retain ownership of business documents, product reviews, comments, photographs, and other materials you submit, except for information owned by AV Plus or another party.

By voluntarily providing feedback, suggestions, reviews, photographs, or similar material, you grant AV Plus a nonexclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and display that material for legitimate business, customer-service, and marketing purposes, subject to applicable privacy laws.

You represent that you have the right to provide submitted material and that AV Plus’s permitted use will not violate another party’s rights.

29. Third-Party Websites and Services

The Website may contain links to manufacturer websites, payment processors, shipping providers, financing providers, and other third-party websites or services.

AV Plus does not control and is not responsible for the content, security, availability, policies, products, services, or practices of third parties.

Accessing or using a third-party website or service is at your own risk and may be governed by separate terms and policies.

30. Privacy

AV Plus’s collection and use of personal information are governed by the AV Plus Privacy Policy.

By using the Website, you acknowledge that information may be collected, used, stored, and disclosed as described in the Privacy Policy and as permitted by applicable law.

The Privacy Policy is incorporated into these Terms by reference.

31. Electronic Communications

By using the Website or providing an email address or telephone number, you consent to receive transactional and administrative communications relating to:

  • Your account;

  • Orders;

  • Payments;

  • Deliveries;

  • Returns;

  • Warranty claims;

  • Security notices;

  • Policy changes; and

  • Customer service.

Marketing communications are subject to the preferences and opt-out options stated in the applicable message and Privacy Policy.

Electronic notices have the same effect as written communications to the extent permitted by law.

32. Suspension and Termination

AV Plus may restrict, suspend, or terminate an account, Website access, purchasing privileges, or credit terms if AV Plus reasonably believes that:

  • The customer violated these Terms;

  • Account information is false, incomplete, or outdated;

  • The account has been used without authorization;

  • Payment is past due;

  • The customer presents a fraud or credit risk;

  • The customer violated a manufacturer requirement;

  • The customer misused confidential pricing;

  • The customer engaged in unauthorized online sales;

  • Continuing the relationship may violate applicable law; or

  • Suspension or termination is otherwise necessary to protect AV Plus, its manufacturers, or other customers.

Termination does not eliminate payment obligations or other liabilities incurred before termination.

Provisions that by their nature should survive termination will remain in effect.

33. Limitation of Liability

To the fullest extent permitted by applicable law, AV Plus and its officers, directors, employees, affiliates, representatives, suppliers, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages.

This limitation includes damages arising from:

  • Lost profits or revenue;

  • Business interruption;

  • Loss of use;

  • Lost data;

  • Lost business opportunities;

  • Loss of goodwill;

  • Project delays;

  • Labor or installation costs;

  • Removal or reinstallation costs;

  • Substitute equipment;

  • Customer claims; or

  • Website interruption.

To the fullest extent permitted by law, AV Plus’s total liability arising from a product, transaction, or event will not exceed the amount paid to AV Plus for the product or service directly giving rise to the claim.

These limitations apply regardless of the legal theory asserted and even if AV Plus was advised that damages were possible.

Nothing in these Terms limits liability that cannot legally be limited.

34. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless AV Plus and its officers, directors, employees, affiliates, representatives, manufacturers, suppliers, and service providers from claims, losses, damages, liabilities, penalties, judgments, costs, and reasonable legal fees arising from or relating to:

  • Your violation of these Terms;

  • Your unlawful or unauthorized use of the Website;

  • Your resale, advertising, installation, programming, configuration, or use of products;

  • Your violation of a manufacturer policy;

  • Your violation of applicable laws, codes, permits, or licensing requirements;

  • Your negligence, misconduct, or misrepresentation;

  • Your infringement of another party’s rights; or

  • Claims made by your customers, employees, contractors, or other third parties.

AV Plus may participate in the defense of any claim through counsel of its choice.

You may not settle a claim in a manner that admits wrongdoing by, imposes liability on, or creates an obligation for AV Plus without AV Plus’s prior written consent.

35. Force Majeure

AV Plus will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control.

Such circumstances may include:

  • Natural disasters;

  • Fires;

  • Floods;

  • Earthquakes;

  • Severe weather;

  • Epidemics or pandemics;

  • War;

  • Terrorism;

  • Civil unrest;

  • Government orders;

  • Import or export restrictions;

  • Labor disputes;

  • Transportation interruptions;

  • Carrier delays;

  • Manufacturer shortages;

  • Supply-chain disruptions;

  • Utility outages;

  • Internet or system failures; and

  • Shortages of materials, components, or labor.

AV Plus may allocate available inventory among customers at its discretion during shortages or disruptions.

36. Governing Law and Venue

These Terms and all transactions with AV Plus are governed by the laws of the State of California, without regard to conflict-of-law principles.

Except where otherwise required by law or agreed in writing, any legal action arising from these Terms, the Website, an account, or a transaction with AV Plus must be brought in a state or federal court located in Los Angeles County, California.

Each party consents to the jurisdiction and venue of those courts.

37. Changes to These Terms

AV Plus may revise these Terms from time to time.

Revised Terms will be posted on the Website. Unless otherwise stated, revisions become effective when posted.

Continued use of the Website, continued maintenance of an account, or placement of an order after revised Terms are posted constitutes acceptance of the revised Terms.

Changes will not retroactively alter payment obligations or other rights that have already accrued unless permitted by law.

38. Additional Policies

Certain transactions, products, promotions, or Website features may be governed by additional policies or terms, including:

  • The Privacy Policy;

  • Shipping and Delivery Policy;

  • Return and RMA Policy;

  • Credit Agreement;

  • Manufacturer policies;

  • Promotional terms; and

  • Product-specific requirements.

Those additional policies and terms are incorporated into these Terms when applicable.

If a specific written agreement signed or accepted by AV Plus conflicts with these Terms, the specific agreement controls only with respect to the subject matter it addresses.

39. Assignment

You may not assign or transfer your account, rights, or obligations under these Terms without AV Plus’s prior written consent.

AV Plus may assign or transfer its rights and obligations as part of a merger, acquisition, reorganization, financing, sale of assets, or other business transaction.

40. No Agency or Partnership

These Terms do not create an employment, agency, partnership, franchise, joint-venture, fiduciary, or exclusive distribution relationship between AV Plus and any customer.

No customer has authority to make commitments or representations on behalf of AV Plus.

41. Waiver

A failure by AV Plus to enforce a provision of these Terms does not waive AV Plus’s right to enforce that provision later.

A waiver is effective only when made in writing by an authorized representative of AV Plus.

42. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The remaining provisions will continue in full force and effect.

43. Entire Agreement

These Terms, together with all applicable policies, invoices, quotations, credit agreements, and other written terms accepted by AV Plus, constitute the agreement between AV Plus and the customer regarding the Website and applicable transactions.

They supersede prior discussions or understandings concerning the same subject matter, except for obligations contained in a separately executed written agreement.

44. Headings

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

45. Contact Information

Questions regarding these Terms may be directed to:

AV Plus, Inc.

18629 Topham Street
Reseda, California 91335

Telephone: (818) 925-4443
Website: www.avplusdirect.com