1. Disclaimer
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR ORDERING DIRECTLY WITH ONE OF OUR REPRESENTATIVES BY PHONE, EMAIL OR ANY OTHER FORM OF COMMUNICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE OR DIRECTLY FROM ONE OF OUR REPRESENTATIVES IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH [SELLER NAME], OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.globalimagingusa.com or directly through one of our representatives by phone, email or any other form of communication (the "Site"). These Terms are subject to change by Global Imaging USA, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services from us. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
You should also carefully review our Privacy Policy before placing an order for products or services (see 9).
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders are subject to our acceptance. We may choose not to accept orders at our sole discretion. You acknowledge that any confirmation email with your order number and details of the items you have ordered serves only to confirm our receipt of your order and not as our acceptance of your order.
3. Prices and Payment Terms
a) All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service is the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and itemized in your shopping cart and your order confirmation email. While we strive to display accurate price information, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, bank or other source of payment, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss; Installation
a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.
c) You are responsible for the costs of installation of any products.
5. Returns and Exchanges
We will only accept a return of the products for an exchange of a comparable product in our sole discretion, and provided such return is made within 90 days of delivery with valid proof of purchase and provided such products are returned due to the wrong product has been delivered. Defects in products will be handled in accordance with the Limited Warranty (see Section 6(b)). To return products, you must call (702)850-2797 or email our Sales Department at sales@globalimaging.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless you use our issued and authorized return shipping labels as part of the RMA process. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage if not using our authorized and issued shipping labels and that you use a carrier that can provide you with proof of delivery for your protection.
WE OFFER NO REFUNDS ON PRODUCTS. WE OFFER NO RETURNS OR EXCHANGES ON PRODUCTS OTHER THAN IN THE EVENT OF DAMAGE, DEFECTS, OR THE WRONG PRODUCT WAS SHIPPED AND THEN ONLY WITHIN THE 90-DAY RMA WINDOW.
6. Manufacturer's Warranty and Disclaimers
a) We do not manufacture or control any of the products offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. However, some of the products offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products covered by a manufacturer’s warranty, please follow the instructions included in the manufacturer's warranty.
b) We offer a Limited Warranty on products offered on our Site. For details of our Limited Warranty please carefully review it here: [hyperlink] (“Limited Warranty”). The Limited Warranty is incorporated herein by reference.
c) EXCEPT FOR THE LIMITED WARRANTY, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS". THE LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY US IN CONNECTION WITH THE PRODUCT AND IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE PRODUCT, HOWEVER ARISING (WHETHER BY CONTRACT, TORT, NEGLIGENCE, PRINCIPLES OF MANUFACTURER’S LIABILITY, OPERATION OF LAW, CONDUCT, STATEMENT OR OTHERWISE), INCLUDING WITHOUT LIMITATION ANY (I) IMPLIED WARRANTY OR CONDITION OF QUALITY, (II) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, ALL OF WHICH ARE DISCLAIMED.
d) WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OFFERED ON THIS SITE. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
e) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
7. Limitation of Liability
a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT RESTRICTION ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY PERSONAL INJURY, ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF USE, INSTALLATION, INTEGRATION OR OPERATION OF THE PRODUCT, LOSS OF USE OF THE PRODUCT OR SERVICE, LOSS OF BUSINESS OR DOWN-TIME, PROPERTY DAMAGE, LOST DATA, THE FAILURE OF ANY PRODUCT OR SERVICE, DELAYS IN SERVICE, OR THE INABILITY TO RENDER SERVICE.
b) WITHOUT LIMITING THE FOREGOING, OUR AGGREGATE AND MAXIMUM LIABILITY FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
8. Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Privacy
Our Privacy Policy, [hyperlink], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"):
(a) acts of God;
(b) flood, fire, earthquake, epidemic, pandemic, or explosion;
(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
(d) government order, law, or actions;
(e) embargoes or blockades in effect on or after the date of this Agreement;
(f) national or regional emergency;
(g) strikes, labor stoppages or slowdowns, or other industrial disturbances;
(h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and
(i) other similar events beyond the reasonable control of the Impacted Party.
11. Governing Law and Jurisdiction
Subject to the provisions of Section 12, all matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
12. Waiver of Jury Trials and Binding Arbitration
a) YOU AND GLOBAL IMAGING USA, LLC AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
b) Arbitration will be administered by Dispute Resolution Consultants, of Tulsa, Oklahoma (“DRC”) before a single arbitrator. The arbitration shall be held remotely, via audio-video conferencing technology, or if we mutually agree, in the City of Tulsa, Oklahoma, unless we otherwise mutually agree. The arbitrator will be named by mutual agreement from the DRC panel members or if we cannot agree the arbitrator will be selected by DRC.
c) The arbitrator has exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity.
d) Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. The arbitrator shall apply Texas law to any dispute being arbitrated and shall render an award resolving all issues, including without limitation, arbitrability, timelines, the merits of the controversy, the nature of the relief to be granted, and any other aspect of the matter which the arbitrator deems necessary to bring about a speedy and just resolution. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
e) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced.
13. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers
The failure by us to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by a duly authorized representative of Global Imaging USA, LLC.
15. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
16. Notices
a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) posting to the Site. Notices sent by email is effective when we send the email and notices we provide by posting is effective upon posting. It is your responsibility to keep your email address current.
b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Global Imaging USA, LLC at [ADDRESS]. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery is effective immediately. Notices provided by facsimile transmission or overnight courier is effective one business day after they are sent. Notices provided by registered or certified mail is effective three business days after they are sent.
17. Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision is deemed severed from these Terms and does not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement
Our order confirmation, these Terms including the Limited Warranty incorporated herein, and our Privacy Policy is deemed the final and integrated agreement between you and us on the matters contained in these Terms.