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Terms of Use and Privacy Policy
Rights to Materials Appearing on the Site; Limited License to Use
All materials appearing on this Site are protected by law, including, but not limited to, United States Copyright Law and international treaties. All material appearing on this Site is copyrighted by General Data or the original creator of the material. General Data or the original creators reserve all rights to the materials. Except as may be specifically stated otherwise in other materials on this Site or in the limited license set out below, you may not copy, reproduce, distribute, display, download, republish, post or transmit any materials in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of General Data or the owner of the copyright. In addition, you may not create any derivative works of any materials without General Data’s prior written consent. Also, you may not "mirror" any material appearing on this Site on any other server, without General Data’s written permission.
General Data grants you the limited license to view, copy, print and distribute the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. General Data grants you a limited license to use the materials on this site to operate General Data products, however you may not transfer the materials to third parties without General Data’s prior written consent. This license will terminate automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Unauthorized use of any material appearing on this Site may violate intellectual property rights or other rights of General Data or others. Some materials may contain other proprietary notices and copyright information which applies to those materials.
Except as explicitly stated above, nothing on the Site shall be construed as conferring, by implication or otherwise, any right or license under any patent, trademark, copyright, or any other intellectual property right of General Data or any third party.
Compliance with Laws
In using or accessing this Site, you agree to comply with all applicable federal, state and local laws and regulations. Materials appearing on this Site are subject to the export control laws and regulations of the United States and may also be subject to the laws of the country in which you reside. General Data specifically prohibits access to the materials on this Site from locations where it is illegal to obtain such access. Anyone who accesses this Site from locations outside the United States does so on their own initiative and is responsible for compliance with applicable local laws.
This Site is controlled and operated by General Data from its offices within the United States.
Content Notice; Disclaimer of Warranties
The materials on this site are provided "AS IS" and without warranty of any kind whatsoever, whether express, implied or statutory (including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or noninfringement as well as any which arise from a course of dealing, course of performance, usage or trade practice). General Data specifically disclaims all such warranties to the fullest extent permitted by law. General Data does not warrant or represent that the materials on this site are accurate or reliable or that the materials are free from errors or viruses. General Data assumes no responsibility for and disclaims all liability for any errors or omissions in the materials appearing on the site or in materials which are referred to within the site or other web sites which are linked to this site (including any results arising from the use of this site). General Data shall have the right to change this site or any products or services referred to in it at any time without notice.
Disclaimer and Limitation of Liability
In no event shall General Data be liable for any direct, indirect, special, consequential or incidental damages of any kind, including but not limited to, loss of data or profit, loss of business opportunity or loss of potential savings, arising out of the use, the inability to use, or reliance upon any materials appearing on this Site. This limitation of liability shall apply even if General Data or any of its employees, officers, directors or agents has been advised of the possibility of such damages and even if any remedy available to you fails of its essential purpose. This limitation of liability applies regardless of whether the action is based on contract or tort (including negligence and strict liability). Some states do note allow the exclusion or limitation of incidental or consequential damages, so the above limitation on such damages may not apply to you. This Site may refer to certain non-General Data products or services. Any such references are for information purposes only and do not constitute an endorsement or recommendation of such products or services.
Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are the registered and unregistered Trademarks of General Data or third parties. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of General Data or the Trademark owner.
You may not use the General Data logo or name or any General Data trademark as a hotlink unless you have obtained written permission from General Data before creating the link.
User Feedback
Any feedback, idea or other information ("Information") that you provide or transmit to or post on this Site by any means will be considered as non-confidential and non-proprietary. General Data will have no obligation to protect any such Information, and General Data may use it or disseminate it for any purpose whatsoever, including, but not limited to, the development, manufacture and marketing of products or services.
Prohibited Uses
You are prohibited from transmitting, uploading, or posting to or from this Site any information or material that is profane, obscene, pornographic, threatening, abusive, libelous, defamatory, or otherwise illegal or any other material that may cause any civil liability. You are also prohibited from transmitting, uploading or posting any material that contains any virus or similar device.
Links to Other Web Sites
This Site may contain links to web sites controlled or maintained by other persons or companies. General Data provides these links solely for your convenience and General Data does not endorse the linked sites in any manner. General Data will not be liable or responsible for the accuracy or reliability of any information appearing on those web sites.
Availability of Products and Services
This Site may contain information regarding products or services which are not available in your country. Your local General Data sales representative can provide you with information regarding which products and services are available in your country.
Use of Secure Areas of the Site
Certain portions of the Site may be accessible only through the use of passwords or other security devices. Only authorized users may access or use such portions of the Site. Use of such portions of the Site by unauthorized persons or unauthorized use by authorized users shall constitute a material violation of these Terms of Use and may constitute a crime.
Software License Terms
If you download any software from the Site, the software will be governed by the terms of the software license agreement that is included with the downloaded software.
Remedies
If you violate these Terms of Use or Terms of Sale, General Data shall have the right to seek all legal and equitable remedies available to it.
Applicable Law
This Site is maintained by General Data from its offices in Cincinnati, Ohio, U.S.A. Any claim relating to, and the use of, this Site and the materials contained herein shall be governed by the laws of the state of Ohio.
Complete Agreement
These Terms of Use, Terms of Sale and the terms of any documents linked to herein constitute the entire agreement between the parties and supersede all prior discussions, statements, agreements, negotiations or otherwise regarding the subject matters addressed herein.
Privacy Policy
Information Gathered
User information and site activity data is collected throughout the web site, including domains, browsers, and pages accessed. This information is used for standard reporting purposes and to improve the site content and display. Information required for the purchase and delivery of General Data products and services, to allow General Data to contact customers when necessary, to tailor the user experience, and to protect General Data from fraud, may be collected throughout the site. Names, shipping addresses, billing addresses, credit card numbers and expiration dates, e-mail addresses, and voice and fax telephone number are among the information collected.
Customer Center Users
When you register as a user of this General Data web site you will be asked to provide certain information including: your name, job title, department, business phone number, business fax number, e-mail address(es), and business street address. In addition, you will be provided a user name and password. The use of the General Data E-Commerce site may also be governed by an agreement signed by your employer and General Data.
Non-Registered Users
This General Data web site has restricted the use of certain content to approved General Data channel partners. To become a channel partner, send a request to General Data at partnerinfo@general-data.com. A General Data representative will assist you in setting up an account to become a customer and registered user.
Use of Information
The information collected is used for internal review and consideration, to confirm that you are authorized to place orders on the site, to track any orders you place and to otherwise support your relationship with General Data. General Data may disclose information in situations where we reasonably believe that it is necessary to identify, contact or bring legal proceedings against someone who is misusing the site, using the site without proper authorization, is interfering with the rights of General Data or when General Data believes that the law requires such disclosure. In addition, the information will be used to verify your compliance with the General Data Web Site Terms of Use and Terms of Sale.
Customer Center Users
General Data may use the information to notify you about product upgrades, special offers, updated information and new products and services available. This information will not be provided to third parties, including our business partners, for marketing and other business purposes without your permission. If you do not wish to receive marketing information from General Data or its business partners you may notify us at webresponse@general-data.com.
Information regarding you (such as name, address, phone number) or your order and the products you purchase may be given to our business partner to enable them to assist us in providing you with customer support.
Non-Registered Users
The information we collect is used for internal review and consideration. It may be used to improve the content of our site, used to customize the content and/or layout of our page for each individual visitor, used to notify customers about updates to our Web site and used by us to contact customers for marketing purposes. If you provide us with your email address, or have done so in the past, we may upon occasion send you email.
Information may at times be shared with General Data partners and other third parties. This information includes demographic information, domain names, and other site-traffic information This does not include personally identifiable information.
Requests of Information from General Data
Persons who supply their telephone numbers, fax numbers, or e-mail addresses online may be contacted with information regarding new products and services or upcoming events. If you do not wish to receive such information, send a request to General Data at webresponse@general-data.com. Please provide us with your name and phone number. We will be sure your name is removed from the list.
Use of Cookies
A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. This enables General Data to improve its web site to serve you better. You may choose to not receive cookies from General Data's web site by setting your browser to notify you before accepting cookies. You have the option of rejecting the cookie. You may also set your browser to reject all cookies. If you choose to reject a cookie it may slow down or prohibit your interaction with the web site.
Links to Third Party Sites
General Data's web site may contain links that provide you with access to Internet sites and services that are maintained by third parties. Those sites may have privacy and security policies that are different from those followed by General Data. General Data has no control over those sites and is not responsible or liable for the policies and practices followed by such third parties. It is always a good idea to check the privacy policy and terms of use of any site before offering any of your personal information.
Security
Encryption
General Data uses industry standard encryption security measures to protect the privacy and integrity of the information you provide to us once it is received on our systems. We understand that using web site commerce can cause concern. Unfortunately, when you submit information about yourself to General Data over the Internet, the information may travel over many systems that are not under the control of General Data. While General Data endeavors to protect the information you provide us, we can not ensure the secrecy of any information that you transmit to us. You transmit information to General Data at your own risk.
Your purchase transactions with us are secure. Encryption ensures that transaction information is sent securely. The absence of the "lock" or "key" in your browser does not mean that the information you are looking at is not encrypted. You can verify that a frame is encrypted by right-clicking within the frame and looking at the frame info or properties (ie. Found in the "View" menu in Mozilla and the "File" menu in Internet Explorer). Doing this within General Data's checkout pages will indeed show that this information is being sent encrypted.
Password
It is vital for you to protect your password and account information. You should not share this information with anyone other than your employer. You retain sole responsibility for maintaining the secrecy of your password or other account information.
Terms of Sale
Formation of Contract of Sale: AGREEMENT between General Data Co., Inc., 4354 Ferguson Dr., Cincinnati OH. 45245 (GDC) and CUSTOMER whose name appears on the front of this invoice for the sale to CUSTOMER of products manufactured by or for GDC (GDC Mfg. Products) and/or products supplied by others and distributed by GDC (Distributed Products). Unless otherwise designated, references in this Agreement to products include new and used GDC Mfg. Products and Distributed Products. CUSTOMER and GDC agree that all products acquired from GDC shall be subject to the terms and conditions of this Agreement. Maintenance services and software licenses are not provided for in this Agreement, but are provided by GDC only by separate agreement. If any of the provisions of CUSTOMER’s purchase order or other writings are in addition to or in conflict with the terms and conditions of this acknowledgement, or are ambiguous; those additional, conflicting, or ambiguous terms and conditions are expressly rejected and the terms and conditions of this acknowledgement shall govern. These terms and conditions may not be varied, or CUSTOMER’s order terminated in any manner unless by a written agreement subsequently signed by an officer of GDC. Other representatives of GDC are not authorized to vary the conditions herein set forth. The CUSTOMER agrees to accept product, warranty service, and programming services under the terms and conditions of this Agreement. The CUSTOMER agrees with respect to products, to accept the responsibility of (1) their selection to achieve the CUSTOMER’s intended results, (2) their use, and (3) the results obtained therefrom. The CUSTOMER also has the responsibility for the selection and use of, and results obtained from, any other equipment, programs, or services, acquired outside this Agreement used with the products and programming.
THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT THIS AGREEMENT AND ANY OTHER APPLICABLE GDC AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND EXHIBITS, INCLUDING THOSE EFFECTIVE IN THE FUTURE REFERENCING THIS AGREEMENT OR EXPRESSLY MADE A PART HEREOF, WILL BE THE COMPLETE AND EXCLUSIVE STATEMENTS OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATED TO THE SUBJECT MATTER HEREOF.
1. AGREEMENT TO PURCHASE: GDC agrees to sell and CUSTOMER agrees to purchase the products set forth on CUSTOMER’s purchase orders, which are accepted by GDC, whether or not such P.O.’s reference this Agreement.
2. PRICES AND PAYMENT: All billings for products and services will be GDC’s then current published list price in effect at the time CUSTOMER’s purchase order is received. Unless otherwise specified or required by law, all prices will be quoted and billed exclusive of federal, state, and local excise, sales and similar taxes. Such taxes, when applicable, will appear as additional items on invoices. If exemption from such taxes is claimed, CUSTOMER MUST PROVIDE A CERTIFICATE OF EXEMPTION AT THE TIME OF PURCHASE ORDER. Payment assurances are required for all orders for non-standard GDC products (whether custom or special ordered) all such orders are non-cancelable. Payment terms are prepaid, COD, or open account. GDC accepts MasterCard, Visa, or American Express for your convenience and have arranged for UPS COD shipments. Purchasing on open account can only commence after receipt of a completed and approved credit application. GDC reserves the right to revoke open account status without notice. Upon approval of credit by GDC, terms of payment are net 30 days from date of invoice. Amounts not paid within 30 days after billing date are subject to a late payment charge at the rate of 1.5% per month; or the maximum amount permitted by law. This late payment charge from previous month(s) shall be added to the balance and the late payment charge will be calculated on the total balance. Each shipment is considered a separate and independent transaction and payment shall be made accordingly.
3. TAXES: In addition to purchase price, Customer agrees to pay amounts equal to any taxes or fees resulting from this Agreement or any activities hereunder, exclusive of taxes based on GDC’s net income. CUSTOMER shall bear any
personal property taxes after shipment.
4. TITLE: Title passes to the CUSTOMER for each product when shipped or on the date GDC receives CUSTOMER’s order for its purchase, whichever is later.
5. SHIPMENT: All domestic shipments are F.O.B. factory. Title and risk of loss pass to CUSTOMER upon delivery to carrier at shipping point, the carrier acting as CUSTOMER’s agent. GDC will make its best effort to comply with carrier and method request by CUSTOMER, but shipper will select carrier. All freight charges from point of original manufacture are to be paid by CUSTOMER. For non-domestic shipments, if the goods are to be delivered outside the United States, the cost of export packing and all export duties, license and fees will be borne by CUSTOMER. GDC upon request will confirm and amend as necessary, the Estimated Shipment date of each on-order product. Prior to shipment, GDC will make reasonable accommodation to a CUSTOMER-requested delay, and, if CUSTOMER delays delivery more than 30 days, CUSTOMER shall pay a warehouse charge of 1% for the first month thereafter, 2% for the second month thereafter, and 3% for each month thereafter. Failure by CUSTOMER to accept delivery of all products ordered subject to a quantity discount shall entitle GDC to immediately invoice and CUSTOMER agrees to pay, for the products at the then current prices applicable to the quantity actually delivered. For products installed by GDC, acceptance and commencement of warranty shall be when GDC demonstrates the product is installed ready to use. For all other products, acceptance and commencement of the warranty shall be on shipment. Customer should inspect all goods upon receipt. In the event that goods are damaged in shipment, it is the responsibility of the customer to contact the freight carrier, arrange for inspection and submit claim for any damages. All claims for damaged shipments must be submitted to the carrier within 10 days of receipt. As a courtesy, GDC will assist CUSTOMER in the filing of freight claims.
6. SECURITY INTEREST: GDC reserves a purchase money security interest in each product and any proceeds there from until payment in full is received by GDC. CUSTOMER agrees to sign financing statements or other appropriate documents to permit GDC to perfect GDC’s purchase money security interest. In the alternative, GDC may file a copy of this Agreement to perfect GDC’s security interest, in which event information concerning the security interest may be obtained from GDC.
7. DELIVERIES: GDC will make a reasonable effort to meet the proposed delivery schedule, but shall not be liable for loss or damage resulting from delay in delivery due to causes beyond GDC’s control. Examples of such causes are: acts of God, war, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, fuel facilities, energy, labor or procurement of materials. In the event of any delay caused by such contingency, GDC may defer the delivery date for a period of time lost by reason of such delay. Delivery dates are based upon receipt by GDC of all data, materials, or specifications to be furnished by the purchaser.
8. WARRANTIES
8.1 Warranties for GDC Manufactured (Mfg.) Products: GDC Mfg. Products acquired under this Agreement will be (1) newly manufactured by or for GDC from new and serviceable used parts, which are equivalent to new in performance, (2) assembled by or for GDC from serviceable used parts, or (3) products which have been previously installed. GDC warrants that on the date of delivery or installation if applicable, and for the warranty period set forth in the product specifications for each product, the GDC Mfg. Products acquired hereunder will be in good working order and will conform to their published
specifications, which are available upon request. In the event of a malfunction or defect during the warranty period, as GDC’s sole obligation and CUSTOMER’s sole remedy, GDC agrees, at its option and expense, to repair or replace the
malfunctioning products, which are delivered to GDC for repair.
8.2 Warranties for Distributed Products: The warranty for Distributed Products acquired under this Agreement, shall be the warranties, if any, passed through to CUSTOMER by the manufacturer and/or supplier of the Distributed Products.
DISTRIBUTED PRODUCTS AND ANY OTHER NON-GDC MFG. PRODUCTS ARE NOT WARRANTED BY GDC AND ARE SOLD TO THE CUSTOMER ON AN AS IS BASIS. THERE ARE NO GDC WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, THE MANUFACTURERS WARRANTY, IF ANY, MAY APPLY, AND THE CUSTOMER MUST DEAL WITH THE MANUFACTURER ON SUCH MATTERS.
8.3 Other Warranty Provisions and Warranty Disclaimer: The above warranties extend solely to CUSTOMER and all warranty claims must be made by CUSTOMER and not by customers of CUSTOMER. Repair or replacement under
warranty provisions shall neither increase nor decrease the warranty period. FOR PRODUCTS RETURNED TO GDC UNDER WARRANTY, CUSTOMER MUST CONTACT GDC AND OBTAIN A RETURN AUTHORIZATION NUMBER
BEFORE THE PRODUCTS MAY BE RETURNED. ON RECEIPT OF AUTHORIZATION TO RETURN THE PRODUCT, CUSTOMER SHALL RETURN THE PRODUCTS FREIGHT PREPAID. GDC SHALL HAVE NO OBLIGATION TO REPAIR OR REPLACE PARTS OR PRODUCTS WHICH: (1) BY THEIR NATURE ARE EXPENDABLE SUCH AS RIBBONS, LIGHT BULBS, ETC; OR (2) ARE DAMAGED BY FAILURE TO PROPERLY MAINTAIN PRODUCTS OR PROPERLY MAINTAIN A SUITABLE ENVIRONMENT, NEGLECT, MISUSE, ACCIDENT, ACTS OF GOD, ACTS OF THIRD PARTIES, USE WITH PRODUCTS NOT SUPPLIED BY GDC FOR SUCH PURPOSE, OR MAINTENANCE PERFORMED BY PERSONS OTHER THAN GDC. The Warranties under the Agreement are in lieu of any conflicting statement of limited
warranty included with a product shipment, except that for products that are subject to Federal or State consumer warranty laws, the statement of limited warranty included with a machine shipment applies. GDC does not warrant that the operation of the products will be uninterrupted or error free. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION.
9. ON-SITE WARRANTY OPTION: Provided CUSTOMER has purchased the on-site option and the required installation within GDC’s service zone, warranty services for products designated by GDC as having on-site warranty service options will be performed at CUSTOMER’S facility at no charge, and outside GDC’s service zone, warranty services will be performed at CUSTOMER’s facility only upon GDC’s prior Agreement and CUSTOMER shall pay any applicable zone charges. On-site warranty services are provided only at the initial installation location, if products eligible for on-site warranty are moved from the
initial installation location, the warranty will remain in effect only if CUSTOMER buys additional inspection or installation services from GDC or an authorized GDC reseller at the new location.
10. PRINTING CONSUMABLES: Use of non-approved media supplies, toner, labels and ribbon products, may have a material effect on and in some cases may void your warranty and/or maintenance contract. Please contact your GDC Sales Representative for a list of authorized suppliers.
11. RESERVATION OF RIGHTS: GDC reserves the right to change its product and service offerings at any time by adding or deleting items or by changing the specifications or pricing of existing items without prior notice.
12 PATENTS AND COPYRIGHTS
12.1 GDC Mfg. Products: GDC will at its expense, defend the customer against any claim that any GDC Mfg. Product supplied hereunder infringes an existing patent or copyright in the United States, and will pay all costs, damages, and attorney fees that a court finally awards as a result of such a claim. To qualify for such defense and payment, the CUSTOMER must: (1) Give GDC prompt written notice of any such claim; and (2) Allow GDC to control and fully cooperate with GDC in, the defense and all related settlement negotiations. GDC’s obligation under this Section is conditioned on the CUSTOMER’s agreement that if the
operations of the GDC Mfg. Product becomes, or in GDC’s opinion are likely to become, the subject of such a claim, CUSTOMER will permit GDC, at its option and expense, either to procure the right for the CUSTOMER to continue using the GDC Mfg. Product or to replace or modify them so that they become non-infringing; however, if neither of the foregoing alternatives are available on terms which are reasonable in GDC’s sole judgment, the CUSTOMER will return the affected GDC Mfg. Product upon written request by GDC. GDC agrees to grant the CUSTOMER a credit for returned products as depreciated. The depreciation shall be an equal amount per year over the life of the product as established by GDC. GDC shall have no obligation with respect to any such claim based upon the CUSTOMER’s modification of the products or their combination, operation, use with other than GDC Mfg. Products and the direct or contributory infringement of any process patent using products furnished hereunder. Sale of products or any parts thereof by GDC does not confer upon CUSTOMER a
license under any patent rights or copyrights of GDC. This section states GDC’s entire obligation to the CUSTOMER regarding infringement or the like.
12.2 Distributed Products: Except to the extent obligations regarding patents and copyrights may be passed through to CUSTOMER by the manufacturer and/or supplier of Distributed Products, there are no obligations to CUSTOMER or third
parties regarding patents or copyrights for Distributed Products acquired under this Agreement.
13. LIMITATION OF REMEDIES: The entire liability of GDC, its suppliers and independent contractors, and the CUSTOMER’s exclusive remedy are set forth in this section. The liability of GDC, its suppliers, and independent contractors for damages to CUSTOMER for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, shall be limited to the amount paid to GDC for the products which caused the damages or that are the subject matter of, or are directly related to the course of action. The foregoing limitation of liability will not apply to the payment of costs, damages and
attorneys fees referred to in the Section entitled PATENTS and COPYRIGHTS, or to claims by CUSTOMER for personal injury or damage to real property or tangible property caused by the negligence of GDC, its suppliers, or independent contractors. In no event will GDC, its suppliers, or independent contractors, be liable for any damages caused by the CUSTOMER’s failure to perform the CUSTOMER’s responsibilities or for any lost profits, lost savings, or incidental damages, or any other consequential damages, even if GDC, its suppliers, or independent contractors have been advised of the possibility of such damages, or for any claim by the CUSTOMER based on any third party claim, except as provided in the sections entitled Patents and Copyrights.
14. CANCELLATION: Default of Bankruptcy. In the event of any default by CUSTOMER, or the bankruptcy, insolvency, or receivership of CUSTOMER, GDC may decline to make further shipment and/or terminate this Agreement without in any way affecting its right and remedies including, but not limited to, any right to cancellation and/or bill back charges. If GDC continues to make shipments after default by CUSTOMER, GDC’s action shall not constitute a waiver nor in any way affect GDC’s legal remedies.
15. RETURNS: Returns are only originated with the issuance of an RA number from GDC. Any product returned to GDC must be unused and complete. If the product has been used and subjected to wear and tear, it may not be returned. All manuals and accessories must be in the original shipping carton with all packing materials. All products returned to GDC for credit must meet these conditions before credit is applied. Such returns are subject to a 25% restocking fee. LASER PRINTERS AND SPECIAL ORDERS MAY NOT BE RETURNED TO GDC FOR CREDIT OR REPLACEMENT. Authorized returns are for credit
or exchange only. GDC does not offer cash refunds. The RA number must be printed on the label- NOT THE ORIGINAL CARTON. To avoid being charged for a damaged carton, CUSTOMER is advised to pack the original carton inside another box. If all material (including power cords, manuals, disks, packing material, etc.) is not returned, GDC will charge CUSTOMER for missing items or reject the proposed return.
16. SOFTWARE LICENSE: If this Agreement includes the sale of equipment with software products or the use of software products, delivery or such equipment/products is conditioned on buyer’s executing the appropriate software license Agreement. CUSTOMER agrees that all Software furnished hereunder is copyrighted by and shall remain the property of GDC and/or Author. CUSTOMER further agrees not to copy, in whole or part, such software products in any form furnished by GDC, nor to sell, assign or transfer any rights in such software except as may be permitted under the software license Agreement.
17. THIRD PARTY PRODUCTS: GDC may recommend CUSTOMER third parties having products or services which may be of interest to CUSTOMER for use in conjunction with the products acquired hereunder. Notwithstanding any GDC recommendation, referral, or introduction, CUSTOMER will independently investigate and test third party products and services and will have sole responsibility for determining suitability for use of third party products or services. GDC has no liability with respect to claims relating to or arising from the use of third party products or services.
18. CONTROLLING LAW: This Agreement shall be governed by, subject to, and construed according to the laws of the State of Ohio. For purpose of applying Ohio law, this Agreement shall be deemed to have been entered into and wholly performed in Clermont County, Ohio. The parties hereby agree that any dispute relating to this Agreement or the products sold hereunder shall be subject to jurisdiction of the courts within Clermont County, Ohio or Federal Court for the Southern District of Ohio.
19. GENERAL
19.1: This Agreement may not be assigned or modified with respect to all or part of the products without the prior written consent of authorized representatives of the parties, except that GDC may assign its right to receive payments without
CUSTOMER’s consent. GDC services described in this Agreement may be rendered by the use of GDC selected independent contractors. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable; the remaining provisions shall remain in full force and effect, provided that with respect to any material provision held to be illegal or unenforceable, the
parties shall negotiate in good faith to achieve a legally enforceable provision which most closely approximates the original intent of the parties. GDC and/or CUSTOMER are not responsible for failure to fulfill their obligations under this Agreement due to causes beyond their control. No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen or in the case of an action for non-payment, more than two years from the date the last payment was made, or was due in the event no payments were made under this Agreement. If the CUSTOMER fails to make payments due hereunder and GDC repossesses a product as provided by law, the CUSTOMER agrees to pay all costs and expenses of repossession; including reasonable attorney’s fees.
19.2: Any Term or Condition herein that is in violation of State or Federal-bidding requirements will be null and void for government rights.
19.3: Stenographical, typographical, and clerical errors are subject to correction.
NON-DISCRIMINATION: By acceptance of this order, GDC certifies that it will comply with E.O.11246, as amended, the Vietnam Era Veterans Readjustment Assistance Act of 1974 as amended, and the Rehabilitation Act of 1973, as amended.