NEW CUSTOMER APPLICATION
General Data Company, Inc. | 4354 Ferguson Drive | Cincinnati | OH | 45245 USA | www.general-data.com (513) 752-7978 Page 1
Questions?
1-844-643-1129
talktous@general-data.com
WELCOME WHAT TO EXPECT
We are happy to hear that you’ve chosen to become a customer of General Data. Our goal is to provide you with the best products and services,
backed up by world-class customer service and support.
Please complete the necessary information in this application. EMAIL the completed application to your salesperson (if known) or:
Email: newcustomer@general-data.com
Other Contact Info: General Data Main Phone # 513-752-7978
Fax: 1-513-752-6656 (Accounting Dept.) Sales Department FAX: 513-752-6947
We will review your application and contact you if we require additional information. Once your application is approved, we will contact you with
your account details and information on everything you can do with your General Data customer account. We will also forward form W-9.
ALL NEW CUSTOMERS
These forms are required:
Application for Credit
Company Profile
Will Your Purchases From General Data Be Tax-Exempt?
Examples include purchasing for resale, direct pay permits and governmental agencies.
If yes,
Please submit your sales tax exemption certificate with credit application.
If needed, a tax exempt form is available at: www.general-data.com/exempt
Do You Plan On Using a Credit Card For Payment At Any Time?
To protect us and you, we require that any credit card used for payment must first be
authorized and be on file with us. We cannot accept any credit card for payment that
has not been verified and authorized.
If yes,
Please complete and submit a credit card authorization.
Please obtain Credit Card form on our website: www.general-data.com/cc
REMITTANCE ADDRESS: ACH and WIRE TRANSFERS:
PO Box 640558 US Bank, NA
Cincinnati, Ohio 45264-0558 425 Walnut Street
Cincinnati, OH 45202-0001
Routing # 042 000 013
Pay to the Account of General Data Company
Checking Account # 199751629
Swift Code: USBKUS44IMT
Wire Transfer Confirmation and Accounts Receivable Contact: Debbie Grant ext. 2210 @ dgrant@general-data.com
About Credit Documents
If you plan on sending your corporate
pro-forma credit information as a
separate document, it MUST include
the following:
Your Federal Tax ID number
3 trade references with complete
contact information
Bank contact information
Company profile and contact info
You must still sign our Customer
Application form (page 3, #5:
“Applicant’s Signature”)
Any pro-forma document that is
submitted with missing or incomplete
information, or without signature on our
NEW CUSTOMER APPLICATION
form, will delay processing and
account setup. Thank you.
ALL new customers
MUST sign the signature
page (page 3)
NEW CUSTOMER APPLICATION
General Data Company, Inc. | 4354 Ferguson Drive | Cincinnati | OH | 45245 USA | www.general-data.com (513) 752-7978 Page 2
Questions?
1-844-643-1129
talktous@general-data.com
Please complete application with all available data and it must be SIGNED in order to be processed. Please TYPE or PRINT all information.
1. COMPANY INFORMATION
Company Name:___________________________________________________________________________________________________________
Billing Address:__________________________________________City:___________________________State:___________Zip:_______________
Main Corporate Phone Number:_____________________________ Main Fax Number (if used):_________________________________________
Type of Organization: Proprietorship “C” Corporation “S” Corporation LLC
Type of Customer: End User Reseller **
Federal Tax ID Number:___________________________ D & B Number:__________________ D & B Rating: (if known) __________________
Business Description:_____________________________________________________________________________________________________
State of Incorporation:___________________________ Year Started or Incorporation Date:__________________________________________
Estimated Annual Sales This Year:_________________________ Actual Annual Sales Last Year:______________________________________
**OWNERSHIP INFORMATION (Only required for Resellers) If there are any additional owners, list their information on a separate sheet.
Owner/Officer Name:_____________________________________________ Title:____________________________________________________
Home Address:__________________________________________ Email:___________________________________________________________
City:___________________________________________ State:_________________________________ Zip:_____________________________
Home Phone:____________________________________________ Social Security Number:___________________________________________
VP / Partner Name:_____________________________________________ Title:____________________________________________________
Home Address:__________________________________________ Email:___________________________________________________________
City:___________________________________________ State:_________________________________ Zip:_____________________________
Home Phone:____________________________________________ Social Security Number:___________________________________________
2. BANK REFERENCE
Bank Name:______________________________________________________________________________________________________________
Address:________________________________ City:___________________________________ State:__________ Zip:____________________
Account Number:________________________________________________ Account Type:____________________________________________
Contact:_______________________________________________ Contact Email:____________________________________________________
Phone Number:________________________________________________ Fax Number:_____________________________________________
3. TRADE REFERENCES (3 REQUIRED)
DO NOT INLUDE AFFILIATED ORGANIZATIONS Be complete and accurate incorrect or missing information including account numbers, email addresses & FAX numbers will delay approval.
1. Name of Business:_____________________________________________ Account Number:_________________________________________
Address:________________________________ City:___________________________________ State:__________ Zip:____________________
Contact:_______________________________________________ Contact Email:____________________________________________________
Phone Number:________________________________________________ Fax Number:_____________________________________________
NEW CUSTOMER APPLICATION
General Data Company, Inc. | 4354 Ferguson Drive | Cincinnati | OH | 45245 USA | www.general-data.com (513) 752-7978 Page 3
Questions?
1-844-643-1129
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2. Name of Business:_____________________________________________ Account Number:_________________________________________
Address:________________________________ City:___________________________________ State:__________ Zip:____________________
Contact:_______________________________________________ Contact Email:____________________________________________________
Phone Number:________________________________________________ Fax Number:_____________________________________________
3. Name of Business:_____________________________________________ Account Number:_________________________________________
Address:________________________________ City:___________________________________ State:__________ Zip:____________________
Contact:_______________________________________________ Contact Email:____________________________________________________
Phone Number:________________________________________________ Fax Number:_____________________________________________
4. TERMS
Credit Limit Requested:___________________ Payment Terms Desired: OPEN TERMS Credit Card COD (Check)
Are General Data products purchased for tax-exempt purposes? Yes No (If yes, you must furnish tax-exempt certificate with this application)
Are General Data products purchased for resale? Yes No
Does company have Sales Tax Direct Pay Permit? Yes No
If you answered “Yes” to any of these questions, PLEASE submit a Sales Tax Exemption Certificate with your new customer application.
5. APPLICANT SIGNATURE
Applicant’s signature attests financial responsibility, ability and willingness to pay our invoices in accordance with General Data’s Terms and Conditions (see page 6)
including Net 30 Days, 1.5% per month interest on past due balances, and all costs and reasonable attorney’s fees in the event collection becomes necessary.
Venue shall be in Clermont County, Ohio, for all actions on the agreement. Seller reserves a purchase money security interest in the products delivered hereunder
until all of Seller’s claims arising out of the furnishing of such products have been satisfied in full. If applicants financial institution charges a fee to General Data for
the purpose of providing information, Applicant agrees to reimburse those costs.
All information on this Application for Credit, as well as any accompanying and supporting information is for the purpose of obtaining credit and is warranted to be
true. Applicant authorizes General Data to investigate the references listed pertaining to Applicant’s credit and financial responsibility. The person(s) signing this
document certifies that they have full legal authority to sign and attest for the Applicant Company that is requesting credit as stated on this application.
By signing, you are confirming that you have read and agree to General Data’s complete Terms and Conditions of Sale (see page 6 of the New Customer
Application).
Company Name: __________________________________________________________________________________________________________
Signature: ______________________________________________________ Print Name: _____________________________________________
Title: ___________________________________________________________ Date: ___________________________________________________
NEW CUSTOMER APPLICATION
General Data Company, Inc. | 4354 Ferguson Drive | Cincinnati | OH | 45245 USA | www.general-data.com (513) 752-7978 Page 4
Questions?
1-844-643-1129
talktous@general-data.com
COMPANY PROFILE
ACCOUNTS PAYABLE
Name:__________________________________________________ Title:____________________________________________________________
Phone Number:___________________________________________Email:___________________________________________________________
PURCHASING
Name:__________________________________________________ Title:____________________________________________________________
Phone Number:___________________________________________Email:___________________________________________________________
PRESIDENT / OWNER / GENERAL MANAGER (Not Required for Public Companies)
Name:__________________________________________________ Title:____________________________________________________________
Phone Number:___________________________________________Email:___________________________________________________________
DEPARTMENT HEAD OR USER OF PURCHASED GENERAL DATA PRODUCTS / SERVICES
Name:__________________________________________________ Title:____________________________________________________________
Phone Number:___________________________________________Email:___________________________________________________________
HOW DO YOU WANT TO RECEIVE INVOICES FROM GENERAL DATA?
To lower costs and to speed processing, GDC provides invoices and other documents in electronic form whenever possible.
WHERE WOULD YOU LIKE YOUR GENERAL DATA INVOICES EMAILED?
Email Address:__________________________________________________ Name:___________________________________________________
DO YOU PREFER TO HAVE YOUR INVOICES FAXED?
Invoice Fax Number:_______________________________________________ Atn:_____________________________________________________
ANY COMMENTS OR SPECIAL INSTRUCTIONS?
_________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________
NEW CUSTOMER APPLICATION
General Data Company, Inc. | 4354 Ferguson Drive | Cincinnati | OH | 45245 USA | www.general-data.com (513) 752-7978 Page 5
Questions?
1-844-643-1129
talktous@general-data.com
GENERAL DATA TERMS AND CONDITIONS
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 an
d 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 G
DC 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 CUSTO
MER 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 STATEMEN
TS 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 & 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.
Checks returned unpaid to our bank are subject to a $25 handling
fee.
Customer with returned checks will forfeit Open Account status and will be served on a C.O.D./Certified or Cashier’s
Check basis only
until further notice.
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. Fai
lure 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 t
hen
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 subm
it 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 r
eceived 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 facilit
ies, 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 f
urnished by
the purch
aser.
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) ass
embled 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 p
roduct, 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 obligati
on 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 th
is 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 DE
AL 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 AUTHORIZ
ATION 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 Warr
anties 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 war
ranty
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 WARRANTI
ES 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 shal
l 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 CUS
TOMER 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 so
me 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 GD
C 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 operat
ions 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 repl
ace 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 upo
n 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 thereo
f 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 rega
rding 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 ar
e 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 perf
orm 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 cl
aim 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 af
ter 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.
Custom labels produced by GDC have a 6 month limit on return, whether or not customer deems label faulty. All manuals
and accessories must be in the original shipping c
arton 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 R
EPLACEMENT.
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 c
arton 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 sa
le 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 copyrighte
d 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 und
er 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 r
ecommendation, 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 la
w, 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 w
ithin 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 co
nsent 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 provisio
n 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, regardl
ess
of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arise
n 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 e
vent 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.