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Terms and Conditions

Payment

Payment in advance is expected unless you have an approved credit account with us. We accept most major credit cards, Pay Pal, and check as forms of prepayment. Wire transfer and ACH payments are possible by prior arrangement. Please be aware that prepayments by check, wire transfer, or ACH may take time to clear both financial institutions, which may affect order processing time. There is a $25.00 charge on returned checks.

Purchase Orders & Credit Accounts

Purchase orders are welcome from tax-supported entities (e.g. public schools, universities). An account application may be requested for verification purposes.

Credit accounts for other institutions and businesses are also available with a credit check, references, and approved application. First order may be subject to prepayment. Past due balances are subject to a 1.5 % finance charge per month.

Pricing, Typos, Refunds, and Cancelations

Prices, specifications, and images are subject to change without notice. Not responsible for typographical or illustrative errors. Manufacturer rebates, terms, conditions, and expiration dates are subject to manufacturers printed/published forms, which may be updated at any time.

Quotations are valid for 30 days unless otherwise noted.

Production Advantage and its subsidiaries reserve the right to cancel orders and refund customers' money due to pricing and/or typographical errors.  

Production Advantage and its subsidiaries reserve the right to cancel orders and refund customers' money for any reason, including but not limited to, suspected fraud, product discontinuation, or other supplier or buyer issues that result in the order needing to be canceled in part or in whole.

Non-Discrimination Statement

Production Advantage sells to anyone without regard to race, color, religion, sex, disability, age, sexual orientation, gender identity, national origin, veteran status, or genetic information. We are committed to providing access, equal opportunity and reasonable accommodation for individuals with disabilities to our services.  

Sales Tax

Orders are subject to sales tax unless we have a current sales tax exemption form on file for your organization. Sales tax liability varies by jurisdiction, as well as origin and destination of the shipment.

Order Processing Time

Most orders ship within 1 business day. If your order is not available to ship immediately that day you will be notified immediately. Orders that require drop-shipping from our supplies typically take 1-2 business days to process.

Online orders received by noon Eastern time typically ship the same day. If your delivery due date is critical please note your due date in the order messages at checkout, and then contact us.

Shipping & Handling

Most orders are shipped via FedEx Ground. Expedited services are available upon request. We do not ship COD. All products shipped F.O.B. shipping point.

Production Advantage is happy to arrange payment for shipping and insurance with the carrier, but such costs are the responsibility of the Customer. Risk of loss is upon the Customer once we, or our agent, deliver the product to the carrier.

Claims

VERY IMPORTANT: If the package is obviously damaged, customer should sign for the shipment as "damaged" as legibly as possible, contact us immediately and make a claim with the carrier.

All damaged merchandise must be reported within 5 days.

If the package shows no obvious signs of damage but the merchandise is damaged or items are missing (shortage) when the package is opened, contact Customer Service immediately. The carrier is responsible for breakage in transit and we will assist in every possible manner to help you collect claims for loss or damage.

Where we Ship

We ship only to destination addresses in the United States (Alaska / Hawaii included, although free shipping is not offered to AK/HI addresses)

Many* items may be shipped to Canada, via Fedex Ground Canada, as they handle any customs brokerage.  

We may allow for shipment to Freight Forwarders located within the U.S., depending on the item*. If we determine that we are unable to ship to a Freight Forwarding address, the order will be wholly canceled and the customer contacted.

The item is considered delivered at the Freight Forwarder. Please arrange for the Freight Forwarder to inspect the package upon delivery. Any damage found after delivery to the freight forwarder is the responsibility of the Freight Forwarder and any insurance the client chose to buy from the Freight Forwarder. No claim can be made upon the original carrier once the Freight Forwarder ships it to the destination address.

*Some items are subject to technology embargos or our reseller license may be limited to a particular country or territory.

Time in Transit

Shipping time does not include the day your order departs its point of origin. For example, a 2DAY shipment method departing on Monday will arrive on Wednesday. A 3DAY shipment method departing on Monday will arrive on Thursday. Holidays and weekends are not counted as transit days but do count as delivery days only if the appropriate shipment method is requested. Higher shipping rates apply for Saturday deliveries. If you need assistance in estimating the Time in Transit for your order, please contact us. We'll be happy to assist you.

Delivery times are provided by the carrier and are only estimates. Production Advantage shall not be liable for delays due to carrier delivery issues, including but not limited to; inclement weather, roadway accidents, train derailments, flight delays, package being on the wrong truck, and the catch-all of the insurance companies, an “Act of God” event*, including but not limited to alien invasions, zombie uprisings, or kaiju attacks.  

*The Duck Boat parade through Boston when a New England team wins, will delay packages and does tend to occur at least once a year, please plan deliveries accordingly.

Returns

Our Return Policy and Procedure is spelled out in our Return Policy Statement, found at https://proadv.com/returns-policy.

Limits of Liability Disclaimer

Any person using equipment or materials listed herein, or sold by us, is personally responsible for obtaining expert instruction and for learning the proper techniques for their use, assumes all risk, and accepts complete responsibility for any and all damages and injuries of any kind. This web site does not provide instruction and is not a substitute for personal instruction by qualified persons well-versed in all appropriate safety techniques and methods. All information contained on this web site pertaining to equipment and materials or their use is provided solely to assist the user in making purchasing decisions. All products herein should be used in accordance with all local, state, and federal OSHA laws and codes.

MSDS furnished upon request.

Guarantee, Warranty, and Recalls

Your warranty is with the manufacturer. Please contact us if you have any questions about where you can find the terms of your product’s manufacturer warranty.  No other warranty is expressed or implied. Naturally, we want you to be happy with your purchases. If you are not satisfied, please contact us promptly. We'll do what we can, within reason, to rectify any problem.  

Oftentimes, there can be an issue that can be resolved by the manufacturer or has already been addressed by the manufacturer with a firmware/software update. Please check with the manufacturer to make sure your software/firmware is up to date. Please contact us if you need assistance with this.

We are more than happy to assist our customers with manufacturer recalls and will endeavor to notify our customers who have purchased a potentially affected product, although we cannot guarantee this service.  

Terms and Conditions of Use Contract

TERMS OF USE AGREEMENT

This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and Production Advantage, Inc, a Incorporated in the state of Vermont company ("Production Advantage"), the owner and operator of the site accessible through proadv.com, with respect to the use of this website ("Web Site"). This Web Site is provided subject to compliance with the terms of this Agreement. YOUR CONTINUED USE OF THIS WEB SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and Production Advantage. Please print a copy of this Agreement for your records.

Production Advantage takes the issue of privacy on the Internet very seriously. To view our Privacy Policy, click here.  

Personal Use of Contents

The content of the Web Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from Production Advantage.

Use of Web Site

Your use of the Web Site is at the sole discretion of Production Advantage, which may deny you further use of the Web Site at any time, for any reason, with or without cause. Your use of the Web Site does not entitle you to continued use of the Web Site.

Your use of the Web Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Web Site to:

(a)     impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

(b)   upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(c)     upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

(d)   upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files, payloads, malformed information, or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

User Submissions

By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Web Site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of Production Advantage and that all title and interest therein, including all rights of copyright, shall vest with Production Advantage at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Production Advantage to post or use such materials or, if we do so, to give you credit.

Links to Other Web Sites

This Web Site may contain links to third party websites. Such third party websites are not under the control of Production Advantage. Please note that Production Advantage is not responsible for the accuracy or content of web sites of other providers that may have links from this Web Site. Accordingly, Production Advantage can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that Production Advantage has provided this link serve as an endorsement by Production Advantage of this or any other site. In creating hypertext links to any other web site, Production Advantage is not recommending that web site or giving any assurances as to its standing. Production Advantage is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Production Advantage makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party web sites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS PRODUCTION ADVANTAGE, AND ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF PRODUCTION ADVANTAGE, ARISING FROM OR RELATED TO YOUR USE OF THE WEB SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS WEB SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)     YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRODUCTION ADVANTAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE WEB SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b)   PRODUCTION ADVANTAGE MAKES NO WARRANTY THAT:

(1)   YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(2)   THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR

(3)   THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.

(c)     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d)   NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRODUCTION ADVANTAGE OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Production Advantage SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Production Advantage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a)     THE USE OR THE INABILITY TO USE THE WEB SITE;

(b)   UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(c)     STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR

(d)   ANY OTHER MATTER RELATING TO THE WEB SITE.

IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, PRODUCTION ADVANTAGE'S (AND ITS AFFILIATES', IF ANY) LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS WEB SITE.

PRODUCTION ADVANTAGE SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS WEB SITE.

Intellectual Property Rights

The Web Site is protected by copyright, trademark, trade dress and other intellectual property rights.

(a)     Production Advantage grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Web Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Web Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

(b)   The Production Advantage logos, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by Production Advantage. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Production Advantage. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized, sponsored or endorsed by Production Advantage, or affiliated with Production Advantage.

(c)     The entire Web Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 1990-2019, Production Advantage. All rights reserved. The copyrighted and proprietary property of Production Advantage may not be duplicated or used without Production Advantage's express prior written consent.

Modification

Production Advantage may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Web Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Web Site after, the updates, revisions, supplements, modifications or amendments.

Digital Millennium Copyright Act

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Web Site. Production Advantage has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site. If you believe any material on this Web Site is infringing, please contact us immediately.

You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:

Production Advantage, Inc

Attn: DMCA Agent
PO Box 1700
Williston, Vermont 05495
800-424-9991
dmca-agent@proadv.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3) ) before sending your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Entire Agreement

This Agreement constitutes the entire agreement between you and Production Advantage with respect to your use of the Web Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Web Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the Web Site are supplemented by our Ordering Policies and Privacy Policy. To view our Ordering Policies, please click here. To view our Privacy Policy, click here.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Governing Law and Venue

This Agreement, the entire relationship between you and Production Advantage, and any litigation or other legal proceeding between you and Production Advantage (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to its choice of law rules.

This contract is fully performable in Chittenden County, Vermont. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Chittenden County, Vermont. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

Production Advantage may terminate your right to use this Web Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Contact Information

If you have a comment, question or request, or if you need to contact Production Advantage for any other reason, there are three easy ways to do so.

(a)     E-mail: You can e-mail at customerservice@proadv.com.

(b)   Telephone Number: You may call us at 800-424-9991. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are [Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time].

(c)     U.S. Mail: Send mail to Production Advantage at:

            PO Box 1700
            Williston, Vermont 05495

Last Updated 5 June 2019 11:34AM EST

Need help? We're available at1-800-424-9991 - Email us atcustomerservice@proadv.com