The below terms and conditions and any attachments hereto are incorporated into all invoices. Acceptance of this Invoice (“Invoice”) indicates Customer’s (“Customer”) acceptance of the below terms and conditions. The below terms and conditions govern and take precedence over any term or condition contained in Customer’s purchase order or response, or additional documentation provided by Customer. No other conditions or modifications of these terms and conditions will be effective unless expressly agreed to in writing by Avkin, Inc (“Avkin”). Failure of Avkin to object to provisions contained in any acknowledgment, document, or other communications from Avkin shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision.

The price of Avkin products (“Product” or “Products”) and services that Avkin has agreed to provide (“Service” or “Services”) sold pursuant to the Invoice shall be as set forth in the Invoice. Avkin reserves the right to increase prices on thirty (30) days written notice to Customer. Avkin reserves the right at any time, without notice and without incurring any obligation, to discontinue and withdraw any Products and Services from sale, to make changes in the design of Products and Services, and/or to add improvements to Products and Services. Avkin reserves the right to discontinue any price advances, discounts, extras, and other terms and conditions related to price without notice.

Unless otherwise stated in the Invoice, Avkin’s payment terms are net thirty (30) days from the date of Invoice. Payment made via credit card will incur a 3.5% fee and will be due no later than thirty (30) days from the date of Invoice. If any payment owed by Customer is not paid net thirty (30), it shall bear interest at a rate of 5% (“fees”). Fees will compound monthly.

Unless other agreed upon in writing by Avkin, all Products will be shipped F.O.B. Shipping charges and insurance paid to cover loss are the responsibility of Customer. Avkin shall use reasonable efforts to meet the specified delivery dates. Delivery dates are not guaranteed, and Avkin has no liability for damages that may be incurred due to any delay in shipment of Products hereunder. Taxes are excluded unless otherwise stated.

Avkin warrants that if a Product proves to be defective in material or workmanship within one (1) year from the date of the original product invoice, Avkin will, at Avkin’s discretion, repair or replace the product. Every Avkin-sold Product comes with Avkin’s manufacturer warranty, which covers repair of basic components such as hardware and software support. This plan additionally covers up to two (2) instances of in-house (Avkin) repairs and one (1) online integration meeting. This warranty does not cover the following: (a) Damage as a result of any unintended use, accident, misuse, or neglect of Avkin Products; (b) Damage as a result from failure to properly maintain Avkin Products; (c) Damage as a result from repair by any other person other than an Avkin representative. This warranty is exclusive and in lieu of any other warranties, either expressed or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement, and all warranties arising from a course of dealing usage, or trade practice.

If Customer is not satisfied with their purchase, Customer may return the Product(s) with its included accessories within thirty (30) days of receipt. Product must be in clean, working condition. Avkin will offer a refund based on the original payment method.

Unless the customer is an Avkin authorized distributor, Customer is prohibited from purchasing to resell Avkin Product(s) for profit.

Customer acknowledges that Avkin Products’ contents are Confidential Information and are the exclusive property of Avkin. Customer further acknowledges, covenants, and agrees that, at all times, Customer will hold all Confidential Information confidentially and Customer will not (nor will Customer assist any other individual or entity to do so), directly or through others: (a) Disclose any of Confidential Information to any individual or entity; (b) Publish Confidential Information; (c) Reverse engineer, decompiling or disassembling the Product (s) or otherwise attempting to discover the internal workings and designing of the Product(s).

To the maximum extent permitted by law, Customer’s sole recourse against Avkin is limited to the provisions in Section 5 above, and in no event shall Avkin be responsible or liable to Customer (or claims of any third party against Customer) for special, indirect, collateral, punitive or exemplary, incidental or consequential damages, even if Avkin has been advised of the possibility of such damages. To the fullest extent permitted by law, such excluded damages include but are not limited to, loss of goodwill, loss of revenue, loss of profits, loss of use, interruption of business, loss of business opportunity, or other damages resulting from any delay, act, error or omission of Avkin or any subcontract of Avkin, however, caused including negligence, gross negligence, and strict liability.