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The AVADirect Advantage
Assembled & Supported in
Twinsburg, OH
The Most Customizable PCs:
1000+ Cases & Component Options
Hand-Assembled PCs
since 2000
Built to Ship Safely – Custom foam protects your PC in transit

Terms And Conditions Of Sale

AVADirect is a custom computer builder that provides the service of combining hardware components which it obtains from outside vendors to create an optimally functional computer product. The design, functionality, aesthetics, and performance of the hardware components used to create the computer product are determined by, and the responsibility of, the manufacturer. Therefore, AVADirect is not responsible or liable for any defects or issues that relate to the design, functionality, aesthetics, or performance of those components. All concerns related to hardware components should be directed to the manufacturer.

These Terms and Conditions of Sale (“Agreement”) contain the terms and conditions that apply to every order, purchase, receipt, delivery, or use of any products or services from Freedom USA, Inc., dba AVADirect.com or any of its subsidiaries or affiliates (collectively “AVADirect”). When you, whether personally or on behalf of an entity (“you”), purchase any good(s) or service(s) through the AVADirect website, execute AVADirect’s payment authorization form, you accept, or check the box indicating you agree to be bound by the terms and conditions of this Agreement, and agree to be bound by, this Agreement. You also agree to be bound by this Agreement if you order products via email, telephone, or the issuance of a purchase order, and such order is accepted by AVADirect.

AVADirect reserves the right, in its sole discretion, to make changes or modifications to this Agreement at any time and for any reason. AVADirect will alert you about any changes by updating the “Last updated” date. You agree to waive any right to receive specific notice of each such change.

Supplemental terms and conditions, or documents, that may be posted on this Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last revised” date of these Terms and Conditions of Sale, and you waive any right to receive specific notice of each such change.

It is your responsibility to review this Agreement carefully. Particularly, the language in ALL CAPS. You are also responsible for monitoring it for, and reviewing, any updates or revisions. You will be subject to, and be deemed to have been made aware of and accepted, any updates or revisions to this Agreement after the date they are posted.

AVADirect’s “Terms and Conditions of Use” Policy is incorporated into this Terms & Conditions Of Sale Policy.

1. Definitions

  1. The terms, “We,” “us,” and/or “our,” mean Freedom USA, Inc., dba, AVADirect.com or any of its subsidiaries or affiliates (collectively “AVADirect”).
  2. The terms, “You,” “Your,” and/or “Customer,” mean the individual(s) or entities identified on the Order Confirmation.
  3. The term, “Custom built products” means all products that were assembled by AVADirect from third-party components, whether or not such components were modified by AVADirect.
  4. The terms, “Product” and “Products,” are meant to include services.
  5. The term, “Mining Configurations,” means tower and rackmount solutions that include three or more graphics cards.
  6. The term, “Hardline Liquid Cooling Solutions,” means all computer systems containing Hardline Liquid Cooling (use of rigid tubing).
  7. The term, “Special Order Items,” any product, component, or part that AVADirect procures specifically for a customer’s order and that cannot be returned to the manufacturer or distributor. This includes items that are manufactured to order, customized for the customer, or otherwise designated by AVADirect as non-returnable and/or non-cancelable due to supplier restrictions.
  8. The term, “True Custom Products,” means all PCs that are not Mining Configurations or Hardline Liquid Cooling Solutions.
  9. The term, “Return,” means to deliver a product to AVADirect or to a third party designated by AVADirect.
  10. The term, “Refund,” means reimbursement for a product, less applicable deductions (e.g., restocking fee).
  11. The term, “Credit,” means funds held in a customer’s account that are redeemable towards future purchases from AVADirect.

2. Payment Terms, Orders, Quotations

Advertised prices are in US Dollars and, unless otherwise noted, exclude shipping , handling, and any taxes, customs, or import/export fees that may be imposed by the governmental authority of the jurisdiction in which you reside and/or work. Until full payment is received, your order is not binding on us and any price quotation from AVADirect is subject to change at any time without notice. AVADirect reserves the right to reject or cancel any order at our sole discretion. AVADirect also reserves the right to prosecute fraud to the full extent of the law including (but not limited to) credit card fraud and check fraud. AVADirect is not responsible for pricing errors, typographical and other like errors and reserves the right to cancel any orders or quotes resulting from such errors.

Credit/Debit Cards, PayPal, and Financing.

Due to the unique nature of custom built products, you specifically authorize AVADirect to charge the agreed price (including taxes, fees, shipping costs, or other terms that may apply to your specific purchase) for said products to your account or payment method, immediately upon placing your order or, when required by AVADirect, upon receipt of the Payment Authorization Form signed by you . YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND CHARGES (INCLUDING OVERDRAFT OR OTHER BANK FEES) AND FOR PROVIDING VALID PAYMENT INFORMATION.

Check, Wire, and ACH

Payment must be submitted prior to order processing. For ACH or Wire payments, AVADirect will provide the bank information after order submission. Please allow up to ten (10) calendar days for payment clearance.

Processing Fees

You are responsible for all processing fees associated with processing bank-to-bank transactions. Information about Financing can be found here: Financing.

Net Terms (for approved accounts only)

Net terms are due thirty (30) calendar days from the date of the invoice, unless otherwise specified in writing by AVADirect. If you fail to make timely payment of any amount invoiced by AVADirect, AVADirect shall have the right, in addition to all other rights and remedies available to AVADirect at law or in equity, to immediately revoke any or all credit extended, delay or cancel future deliveries (including withholding any products being repaired), and/or reduce or cancel any or all quantity discounts extended to you.

You shall pay all costs of collection including reasonable attorneys’ fees. A service charge of the lesser of one and one-half percent (1.5%) per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due. Upon your receipt of the products, and until payment is made in full, you hereby grant AVADirect a security interest in such products and authorize AVADirect to file one or more UCC financing statements to evidence the security interest granted herein. If payment for any products or services is not paid within sixty (60 days), then AVADirect, in addition to any rights it may have herein, shall have the rights granted to AVADirect in connection with such security interest, including the right to repossess the products.

Shipment of goods pursuant to any purchase orders placed by you does NOT constitute acceptance by AVADirect of any of the terms and conditions of such purchase orders except as to identification and quantity of goods involved.

3. Products

AVADirect continually upgrades and revise our products and service offerings. AVADirect may revise and discontinue products at any time without prior notice to its customers.

AVADirect has made every effort to display the colors and images of our products, as they appear in person, as accurately as possible. However, AVADirect cannot guarantee the accuracy of any product’s display (e.g., color) on the AVADirect Website. Nor can AVADirect guarantee that a display will reflect the most recent changes to products. Additionally, all descriptions of products or pricing are subject to change at any time, without notice, at AVADirect’s discretion.

All products will include an AVADirect logo in a suitable location on the product, as determined by our staff before shipment. Upon customer’s approval, AVADirect may ship a substitute product that has the ordered products functionality and performance, even though it may vary from other aspects of the originally-ordered product. Due to custom assembly, some components may show minor wear and tear that does not affect the quality and performance of the assembled product.

4. Processing Times

Due to the wide-range of system configurations and components, AVADirect has varied processing times.

Processing times start when payment is charged, approved, and completed, and do not include in-shipping transit period. AVADirect may encounter a defect or compatibility issues with hardware and/or software that the customer selected which may delay order processing. It is our responsibility to maintain direct communication with customer regarding any delays of which AVADirect is aware. AVADirect is not responsible for lack of communication from a customer which delays order processing. Processing times are estimates only and AVADirect shall not be liable for any delays in processing. Nor does AVADirect make any representations or warranties with respect to processing times. For a list of specific processing times refer to Order Processing Info.

5. Shipping Charges, Title, Risk of Loss

Unless otherwise expressly indicated at the time of sale, shipping and handling are additional charges. Shipping dates are estimates. You shall be responsible for any storage costs incurred by AVADirect to the extent delays in shipping are caused by you (including shipments made in connection with warranty claims).

Title to the product(s) passes to you and risk of loss passes to you when the product(s) are delivered to the address you designate. AVADirect is not responsible for loss or damage that occurs during shipping from AVADirect to customer. However, AVADirect will take reasonable efforts to insure the shipped product and file claims with the insurer and/or the carrier should damage or loss occur.

Products are deemed accepted by you unless you notify AVADirect of shortages, damage, or defects within five (5) calendar days of delivery. If you receive a shipment containing damaged product(s), or if you receive a shipment containing less than all product(s) you ordered, you must notify AVADirect and make a claim within five (5) calendar days of such receipt. Failure to make a claim in such time period, shall be deemed acceptance of the products as is. After AVADirect confirm the validity of such claim, AVADirect will (a) in the case of damage or loss of product(s) during transit, file a claim with the insurer and/or the carrier, and (b) in the case of incomplete shipment that is our responsibility, ship the remainder of ordered product(s) to you.

6. Taxes

You are solely responsible for reporting, paying, collecting, and remitting any sales tax, use tax, VAT, transaction tax, transfer tax, duty tax, or any other applicable fee or tax that may be assessed on your transaction. You agree to defend, indemnify, and hold AVADirect harmless from and against any and all liabilities, damages, claims, and costs that may result from your failure to properly report, pay, collect, or remit any applicable tax or fee.

You are also solely responsible for understanding and following all relevant state, federal, and international tax laws and regulations that may apply to your transaction. Therefore, AVADirect strongly encourages you to learn about all such relevant laws. Not only of those in your own country, but also other countries where you plan to do business. AVADirect recommends seeking legal assistance if necessary to understand all relevant laws. You agree to defend, indemnify, and hold AVADirect harmless from, and against, any and all liabilities, damages, claims, and costs that may result from your failure to comply with any applicable laws or regulations.

7. Order Changes or Cancellation

You can request changes to your order—including the cancellation of specific item purchases—without incurring any additional fee. However, the request must be received by AVADirect prior to the time it purchases any hardware required for your order or AVADirect sends you an email or other communication confirming that any item in your order has entered AVADirect’s production process, whichever is earliest. All requests for changes to your order, after that time, are subject to a 10% fee and also subject to Section 9 regarding custom physical modifications.

8. Repairs, Returns, Credit, and Refunds

Applicability

This section applies only to products that qualify for a return, credit or refund. All returns or refunds must comply with these terms.

Restocking Fee

All returns will be subject to a 15% restocking fee.

Repaired Products Not Eligible for Refund or Credit

Additionally, if you choose to have a product repaired within this period of time in which it is eligible for a refund or credit, then it is no longer eligible for a refund or credit.

Eligibility for Return

Parts, accessories, and components may be returned within 30 calendar days from the date of delivery of the product.

True custom products may be returned within 30 calendar days from the date of delivery of the product.

Return Requirements

Before returning any product, you must contact AVADirect and obtain a Return Merchandise Authorization (RMA) number. Once issued, RMA numbers are valid for fifteen (15) days within which time returned products must be received by AVADirect. This loss could be included with your return. AVADirect does not accept returns that are expired or without an RMA number.

All returned merchandise must conform with the instructions and requirements set forth in the RMA, along with any other instructions provided.

You are responsible for the risk of loss or damage, as well as shipping and handling fees, for products that you return. AVADirect strongly recommends that you purchase insurance to cover any potential loss, damages, or any other consequences that may occur during shipping. Moreover, no product shall be eligible for return, credit, or refund if AVADirect determines (in its sole discretion) that the product was rendered inoperable or physically damaged as a result of the customer's negligence, intentional conduct, or other actions or inactions.

Information about return procedures can be found at AVADirect’s Warranty Information and Limitations.

Refund and Credit Approvals

If a returned product is approved for a refund, it will be issued in the original form of payment within a reasonable amount of time after receipt and inspection of returned products.

Not Applicable for Cancellation, Return or Refund

The following cannot be canceled, returned, or refunded:

  • Original shipping, handling, delivery, and associated fees.
  • All software containing licenses.
  • Consumable Material (Including but not limited to: Thermal paste, liquid coolant, thermal pads, and tubing).
  • Labor and services.
  • Mining configurations, hardline liquid cooling solutions, and special order items cannot be returned or refunded.
  • Custom physical modifications made to products at your request. Products include (but are not limited to) computers, cases, components, accessories, and parts. Examples of custom physical modifications include (but are not limited to) to paint, etching, hardline liquid cooling solutions, and other Customer-requested physical modifications.
  • Items financed through Walton Results Group, Inc., dba WRG Finance, or its affiliates.

Refusal to Pay, Cooperate, or Accept

When a product is returned to us, you must pay for any services for which you are required to pay and obligated to cooperate with AVADirect in its return and repair. You are also expected to accept the return of the product to you after repairs have been made. If you fail to comply with any of these conditions for 30 days or more, you agree that all rights, title and interest related to the product shall transfer to AVADirect without the need for any additional consideration.

9. Disclaimers and Limitations on Liability

Please read this section carefully.

AVADIRECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR SERVICES, SOFTWARE, HARDWARE, PRODUCTS, SALES, AND SERVICES. ALL SUCH ITEMS ARE SOLD “AS IS.” THIS INCLUDES ALL IMPLIED WARRANTIES INCLUDING (BUT NOT LIMITED TO) TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE). AVADIRECT ALSO MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THE AVADIRECT WEBSITE WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED BY NOR AFFILIATED WITH AVADIRECT. NOR IS AVADIRECT LIABLE FOR ANY FAILURE, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE AVADIRECT WEBSITE OR ANY CONTENT, FEATURE, PRODUCT, OR SERVICE OFFERED THROUGH THE AVADIRECT WEBSITE.

IN NO EVENT SHALL AVADIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE (BEYOND ANY REMEDIES SPECIFIED IN THESE TERMS AND CONDITIONS OF SALE) FOR ANY, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES (BUT IS NOT LIMITED TO) LOST DATA, WAGES, PROFIT, OR INCOME, ARISING OUT OF THE USE, OR THE INABILITY TO USE, ANY PORTION OF THE AVADIRECT WEBSITE. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT AVADIRECT IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU ALSO AGREE THAT THE LIABILITY, IF ANY, OF AVADIRECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE AVADIRECT WEBSITE IS LIMITED TO THE AMOUNT YOU PAID AVADIRECT TO USE THE AVADIRECT WEBSITE OR ITS SERVICES.

Note: Some of the provisions set forth in this section may be limited or restricted by certain jurisdictions.

AVADirect’s warranty can be found at AVADirect’s Warranty Information and Limitations.

10. Governing Law and Dispute Resolution

Governing Law and Venue

Any disputes arising out of, or related to, the use of THE AVADIRECT WEBSITE, these Terms and Conditions, and/or Freedom USA Inc., dba AVADirect Custom Computers (“AVADirect”), will be construed and governed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.

Arbitration

Any dispute, controversy, or claim (“claim”) arising out of, or related to, THE AVADIRECT WEBSITE, webpages, or these terms and conditions shall be submitted to non-appealable arbitration by one arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). Any such claim shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to its conflict of laws principles. The place of arbitration will be Twinsburg Ohio, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

11. Waiver Of Jury Trial

You waive any right to a jury trial in a dispute concerning, or related to, the AVADirect website, these Terms and Conditions, and/or AVADirect. This includes any right vested by federal, state or local law or statute.

12. Waiver Of Class and Collective Action Claims

You agree to waive any and all rights to: (i) any dispute concerning the AVADirect website, these Terms and Conditions, and/or AVADirect being filed, or handled, as a class or collective action; and/or (ii) joining as a plaintiff, claimant, member or participant in any class action or collective against AVADirect.

13. No Waiver

The failure of either party to enforce any of the terms, conditions, or provisions of this agreement, shall not be construed to be a waiver of them in any way to affect this agreement’s validity or affect a party’s right to enforce them. Nor does it constitute a waiver of any future obligation to comply with such term, condition or provision.

14. Entire Agreement

This Agreement contains the entire understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and/or contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to the subject matter of this Agreement. Any modification must be in writing and signed by all parties.