Terms of Service
These Terms govern your access to, usage of all content, and purchase of any and all Product and Services available at https://www.markavl.com website (the “Service”) operated by Mark AVL Group, LLC (“us”, “we”, or “our”), or offered by us verbally or on written document.
Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
Intellectual Property
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Mark AVL Group, LLC and its licensors.
Purchasing, Projects, and Refunds
Sales Tax: If your order is shipping to an address in a state which either requires us to collect sales tax, or is being picked up at our Roanoke Warehouse local sales tax will be automatically assessed unless the account is registered as tax-exempt. In some cases, we may provide an estimated sales tax amount until your exact location is finalized prior to order completion.
To apply for a tax-exempt account, it’s easy to apply online. Just email us at info@markavl.com to begin the process.
Returns: We do not offer or accept returns, exchanges, or refunds. All sales are final. In the extremely rare case, we do accept a return or offer a refund, Each situation will be handled on a case-by-case basis but a 20% restocking fee will be applied and up to 30 days must be allowed for processing in every case.
Warranty: All product warranties are direct via each prospective manufacturer.
Force Majeure: Mark AVL shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
Rigging: Overhead rigging equipment requires periodic inspections per OSHA and ASME standards to ensure safe operation. After the initial installation, it is the owner’s responsibility to ensure equipment is maintained in safe working order.
Limitation of Liability: The Client acknowledges and agrees that Mark AVL will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.
No Guarantee: The client acknowledges and agrees that Mark AVL cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.
Labor: Labor estimates are based on mobilization(s) for your entire project, including wire pull, equipment installation, training, and commissioning. All trips are scheduled with the confirmation of the client. Should additional mobilizations and site visits be required as a result of delays in construction schedule, other trades, or client preference, associated fees will be billed accordingly. Liquidated damages, fees or charges caused by schedule delays of other trades resulting in Mark AVL not meeting the proposed schedule are excluded and will not be recognized nor paid by Mark AVL.
Travel: Travel Estimates are based on fuel prices of $3.50 USD per Imperial Gallon. Due to the economic climate Mark AVL may include a fuel surcharge.
Late Fees: Any amounts not paid when due shall bear interest from the due date at the rate of 5% per month. If Customer fails to pay the sums provided for in this Agreement (including all addenda hereto) when due, then Mark AVL may terminate this Agreement
Rental: The client acknowledges and agrees to be responsible for the proper use and care of any equipment rented by Mark AVL. The client will be responsible for all losses and/or damages the occur during the rental period shown on this proposal. The client will be responsible for maintaining proper insurance to cover the full cost of replacing any peice of equimpent lost, stolen, damaged, or destroyed during the rental period of this proposal.
Third-Party Services
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third-Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such websites or services.
Accounts
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Mark AVL Group, LLC .
Mark AVL Group, LLC assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Mark AVL Group, LLC shall also not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your Mark AVL Group, LLC account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Mark AVL Group, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mark AVL Group, LLC , nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of New York.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in New York.
Changes
Mark AVL Group, LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
We will try to provide at least
30
days notice prior to the effective changes. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.
Contact Us
If you have any questions about these Terms of Use, please contact us at
info@markavl.com
Last Updated: August 26, 2022