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PLEASE
READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE
CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS
(UNLESS THE CUSTOMER HAS SIGNED A SEPARATE
FORMAL PURCHASE AGREEMENT WITH GLOBAL DATA
CENTER, INC. (GLOBAL DATA CENTER,
INC.), IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN).
Acceptance
of Contract Terms / Important Information
About This Legal Contract
This User Agreement, and all of its terms
and conditions, constitute a legal contract
between you and GLOBAL DATA CENTER, INC.
(GLOBAL DATA CENTER, INC.).
(References to "you" or "your"
shall relate to a customer of GLOBAL DATA
CENTER, INC. or other party that visits,
browses, shops, accesses or otherwise uses
the Site (the "Customer"); references
to "GLOBAL DATA CENTER, INC."
shall relate to GLOBAL DATA CENTER, INC.
and its affiliates.) By visiting, browsing,
shopping, accessing or otherwise using this
site ("Site"), you acknowledge
that you have read, understood, and agree
to be bound by this User Agreement and comply
with all applicable laws and regulations,
including U.S. export and re-export control
laws and regulations. If you do not agree
to this User Agreement, as it may be changed
by GLOBAL DATA CENTER, INC. from time to
time, do not use this Site. The material
provided on this Site is protected by law,
including, but not limited to, United States
copyright law and international treaties.
This Site is controlled and operated by
GLOBAL DATA CENTER, INC. from its headquarter
in the city of Irvine, California in the
United States. GLOBAL DATA CENTER, INC.
makes no representation that materials in
the Site are appropriate or available for
use in other locations, and access to them
from territories where their contents are
illegal is not authorized. Those who choose
to access this Site from other locations
do so on their own initiative and are responsible
for compliance with applicable local laws.
Any
claim relating to, and the use of, this
Site and the materials contained herin is
governed by the laws of the state of California
without regard to conflict of law rules.
You consent to jurisdiction of the federal
and state courts located in the Orange County,
California to hear any such claims.
This
Sale Agreement is a legal contract between
the Customer and GLOBAL DATA CENTER, Inc.
Customer accepts this Sale Agreement by
making a purchase, placing an order, or
otherwise shopping on the Site. The terms
and conditions posted on the Site at the
time the Customer initially places or modifies
an order will govern the order in question.
This
Sale Agreement constitutes the entire agreement
between the Customer and GLOBAL DATA CENTER,
INC. relating to the purchase or sale of
goods or services on the Site. The Sale
Agreement may only be modified or terminated
with regard to goods or services that have
been purchased or sold on the Site in a
writing signed by GLOBAL DATA CENTER, INC.
Electronic records (including signatures),
that are otherwise valid, shall be accepted
under the Sale Agreement. The Customer consents
to receiving electronic records, which may
be provided via a web browser or e-mail
application connected to the Internet; consumers
may withdraw consent to receiving electronic
records or have the record provided in non-electronic
form by contacting GLOBAL DATA CENTER, INC.
at the address provided below.
In
the event of any conflict between the terms
and conditions stated on your purchase order
and this Sale Agreement or any terms and
conditions on our invoice, you agree that
the provisions of this Sale Agreement and
our invoice shall control.
Governing
Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL
BE GOVERNED BY THE LAWS OF THE STATE OF
CALIFORNIA, WITHOUT REGARD TO CONFLICTS
OF LAWS RULES. THE CUSTOMER CONSENTS TO
THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA
FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Jurisdiction
and Venue
You agree that any legal action brought
against GLOBAL DATA CENTER, INC. shall be
governed by the laws of the State of California
without regard to its conflict of law principles.
You agree that the sole jurisdiction and
venue for any litigation arising from your
use of or orders made on the GLOBAL DATA
CENTER, INC. sites shall be an appropriate
federal or state court located in Orange
County California.
Title;
Risk of Loss
Title to goods herein being purchased is
retained by the seller until goods are paid
for by the purchaser and at that time title
passes to the purchaser. Loss or damage
that occurs during shipping by a carrier
selected by GLOBAL DATA CENTER, INC. is
GLOBAL DATA CENTER's responsibility. Loss
or damage that occurs during shipping by
a carrier selected by Customer is Customer's
responsibility.
Export
Sales
If goods herein being purchased are being
purchased for purposes of export, the Customer
must obtain from the federal government
certain export documentation before shipping
to a foreign country. In addition, manufacturers'
warranties for exported goods may vary or
even be null and void for goods exported
outside the United States. The Customer
should inquire further regarding any questions.
Any and all liability is only for the products
purchased.
General
Legal Disclaimer
GLOBAL DATA CENTER, INC. HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
BY GLOBAL DATA CENTER, INC. IN NO WAY AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY,
IF ANY.
Pricing
and Information Disclaimer
All pricing subject to change. For all prices,
products and offers, GLOBAL DATA CENTER,
INC. reserves the right to make adjustments
due to changing market conditions, product
discontinuation, manufacturer price changes,
errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While
GLOBAL DATA CENTER, INC. uses reasonable
efforts to include accurate and up-to-date
information on the Site, GLOBAL DATA CENTER,
INC. makes no warranties or representations
as to the Site's accuracy. GLOBAL DATA CENTER,
INC. assumes no liability or responsibility
for any errors or omissions in the content
on the Site.
Limitation
of Liability
GLOBAL DATA CENTER, INC. WILL NOT BE LIABLE
FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. GLOBAL DATA CENTER, INC. WILL NOT
BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED
DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR
ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, GLOBAL DATA CENTER,
INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PURCHASE
(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT
AND EQUITABLE CLAIMS) arising from or relating
to this Sale Agreement, its interpretation,
or the breach, termination or validity thereof,
the relationships which result from this
Sale Agreement (including, to the full extent
permitted by applicable law, relationships
with third parties who are not signatories
to this Sale Agreement), GLOBAL DATA CENTER's
advertising, or any related purchase SHALL
BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under the Code of
Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time
the claim is filed. The Code is available
at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding
any choice of law provision included in
this Sale Agreement, this arbitration agreement
is subject to the Federal Arbitration Act
(9 U.S.C. §§ 1-16) and the New
York Convention on the Enforcement of Arbitration
Awards (9 U.S.C. §§ 201-208 or
as codified in the jurisdiction where enforcement
of the award is sought). Hearings shall
be held as provided by the Code and if any
In-person Hearing is required, it shall
be held in Chicago, CALIFORNIA. Judgment
on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction.
Each party shall bear its own cost of any
legal representation, discovery, or research
required to complete arbitration.
Typographical
Errors
In the event a product is listed at an incorrect
price or with incorrect information due
to typographical error or error in pricing
or product information received from our
suppliers, GLOBAL DATA CENTER, INC. shall
have the right to refuse or cancel any orders
placed for product listed at the incorrect
price. GLOBAL DATA CENTER, INC. shall have
the right to refuse or cancel any such orders
whether or not the order has been confirmed
and your credit card charged. If your credit
card has already been charged for the purchase
and your order is canceled, GLOBAL DATA
CENTER, INC. shall immediately issue a credit
to your credit card account in the amount
of the charge.
Orders;
Payment Terms; Interest; Taxes
Orders are not binding upon GLOBAL DATA
CENTER, INC. until accepted by GLOBAL DATA
CENTER, INC. Terms of payment are within
GLOBAL DATA CENTER's sole discretion. Invoices
are due and payable within the time period
noted on the invoice, measured from the
date of the invoice. GLOBAL DATA CENTER,
INC. may invoice parts of an order separately.
Customer agrees to pay interest on all past-due
sums at the highest rate allowed by law.
The Customer is responsible for sales and
all other taxes associated with the order.
Freight
Policy
Contact your GLOBAL DATA CENTER, INC. account
manager for our most current and competitive
rates, options and shipping specials. For
the Customer's protection, we ship only
to the verified billing address of the Customer's
credit card. In some circumstances, international
shipping may be available. Call for details.
Return
Policy
GLOBAL
DATA CENTER, INC. offers a 15-day return
policy on selected items based on manufacturer
return policies. For further information
not listed, please contact your GLOBAL DATA
CENTER, INC. account manager.
Please call 949-263-0797 or e-mail our Returns
Department at support@globaldatacenter.com to obtain
a Return Merchandise Authorization (RMA)
number before shipping your product. NO
returns of any type will be accepted without
a RMA number. For faster service, please
have the following information on hand when
calling for an RMA number: customer name,
invoice number, serial number and nature
of the problem.
All products returned MUST: be 100 percent
complete, contain ALL original boxes and
packing materials, have original UPC codes
on the manufacturer boxes, contain all manuals,
blank warranty cards and other accessories
and documentation provided by the manufacturer.
You are responsible for shipping charges
on returned items; GLOBAL DATA CENTER, INC.
will ship the replacement by UPS Ground
or Federal Express Saver method.
GLOBAL DATA CENTER, INC. strongly recommends
you fully insure your return shipment in
case it is lost or damaged and you use a
carrier that can provide you with proof
of delivery for your protection.
If merchandise arrives damaged: it is best
to REFUSE it back to the carrier attempting
delivery. If you accept the package make
sure it is noted on the carrier's delivery
record in order for GLOBAL DATA CENTER,
INC. to file a damage claim. Save the merchandise
AND the original box and packing it arrived
in, notify GLOBAL DATA CENTER, INC. immediately
to arrange for a carrier inspection and
a pick up of damaged merchandise. If you
do not notify GLOBAL DATA CENTER, INC. of
damaged goods within the first 2 days of
arrival, our regular return policy will
override any claim of damage, and will fall
under all current manufacturer restrictions.
Call 949-263-0797/ (800-200-1718) or your
GLOBAL DATA CENTER, INC. account manager
to arrange for carrier inspection and a
pick up of damaged merchandise.
DEFECTIVE returns can be returned directly
to GLOBAL DATA CENTER, INC. within 15 days
from the invoice date, at GLOBAL DATA CENTER's
discretion for: credit, replacement, exchange
or repair.
NON-DEFECTIVE returns can be accepted directly
by GLOBAL DATA CENTER, INC. within 15 days
from the invoice date, at GLOBAL DATA Centers
discretion for: credit, exchange. All NON-DEFECTIVE
returns are subject to a 20 percent restocking
fee.
Due to manufacturers' policies, GLOBAL DATA
CENTER, INC. cannot accept returns of the
following items for exchange, replacement
or credit FOR ANY REASON: (Apple, Compaq,
IBM, Hewlett-Packard, AST). DEFECTIVE merchandise
can be returned for REPAIR ONLY to: GLOBAL
DATA CENTER, INC., the manufacturer direct
or any authorized service center in your
area. Additional manufacturers may be added
to this list as: manufacturer policies change,
manufacturer goes out of business or in
the case of specially ordered items.
REFUNDS
·
All refunds for return must be in as-shipped
condition.
·
Refunds may be subject to a 20% re-stocking
fee and shipping charges within 15 days
of purchase and must be returned in original
packaging.
·
There will be a 4% processing fee for credit
back to customers credit card account.
·
Shipping charges are not refundable.
·
After 15 business days of purchase all sales
are final, and no refunds will be made.
WARRANTY
1
Products carry manufacturers
warranties, warranty cover by the
manufacturer.
2 Those products
come with GLOBAL DATA CENTERs
warranty, period of warranty depend
on the warranty period that stated
on the invoice of the product.
3
GLOBAL DATA CENTER provides a limited
warranty on all products.
4GLOBAL
DATA CENTER makes no other express
or implied warranty for any kind for
products with regard to performance,
merchantability, or fitness for any
particular purpose.
5
GLOBAL DATA CENTER does not guarantee
product compatibility.
6Warranty on all
Global Data Center's product carries
base on the warranty period stated
on original Invoice, from the date
of shipment to customer.
7 Any return product(s)
will be return to customer by UPS
Ground.
8Customer modification,
physical damage, abuse, tamper, missing
part, improper installation, maintenance,
misuse, neglect, improper environment,
excessive or inadequate electrical
power, surge current or voltage, changing
firmware (micro code), improper return
packaging, broken or removed warranty
stickers, or other irregularities
shall void all warranties.
Check payment policy
GLOBAL DATA CENTER, INC. will accept a cashiers
check, money order, and company check on
all COD orders. GLOBAL DATA CENTER, INC.
will accept personal and business checks
for prepay orders, but allow 10 business
days for clearing.
Credit
Cards
Credit card charges are not submitted until
time of shipment. GLOBAL DATA CENTER, INC.
does not apply any surcharge for credit
cards.
Order
Acceptance Policy
Your receipt of an electronic or other form
of order confirmation does not signify our
acceptance of your order, nor does it constitute
confirmation of our offer to sell. GLOBAL
DATA CENTER, INC. reserves the right at
any time after receipt of your order to
accept or decline your order for any reason.
GLOBAL DATA CENTER, INC. reserves the right
at any time after receipt of your order,
without prior notice to you, to supply less
than the quantity you ordered of any item.
All orders placed over $2000.00 (U.S.) must
obtain pre-approval with an acceptable method
of payment, as established by our credit
and fraud avoidance department. We may require
additional verifications or information
before accepting any order.
Sales Taxes
GLOBAL DATA CENTER, INC. shall automatically
charge and withhold the applicable sales
tax to end users for orders to be delivered
to addresses within California. Each customer
shall be solely responsible for all sales
taxes, or other taxes, on orders shipped
to any other state.
Service
and Support
All requests for technical service and support
for the new products should be made directly
to the manufacturer in accordance with their
terms and conditions. GLOBAL DATA CENTER,
INC. will provide technical support and
service for its OEM and refurbish products,
which do not have warranty with the manufacturer.
International
Orders
Please
fax to +949-509-7755
or email to sales@globaldatacenter.com for quotation.
Please include the following information
in your email or fax:
·
Manufacturer's part number for the product
· Your Shipping Method
·
Your Shipping Address
We
will email or fax you a copy of your quotation
within 24 hours after we receive your complete
inquiry. We will only accept wire transfer
in advance. Customer is responsible for
all border duties and fees.
Disagreement
with These Terms and Conditions
If you disagree with any of the terms and
conditions of this User Agreement, please
do not visit, browse, shop, access or otherwise
use this Site.
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