GPDUSA.COM
Terms and Conditions of Sale
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 GPDUSA.COM. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and GPDUSA.COM. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise shopping on
the Site. (References to "you" or "your" shall relate to the Customer;
references to "GPDUSA.COM" shall relate to GPDUSA.COM and its
affiliates.) The terms and conditions of this Sale Agreement are subject to
change without prior notice, except that 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 GPDUSA.COM 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 GPDUSA.COM. 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 GPDUSA.COM 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 CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
LOS ANGELES COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
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
GPDUSA.COM is GPDUSA.COM's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
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
GPDUSA.COM 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
GPDUSA.COM IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by GPDUSA.COM
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, GPDUSA.COM makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, GPDUSA.COM 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 GPDUSA.COM uses
reasonable efforts to include accurate and up-to-date information on the Site,
GPDUSA.COM makes no warranties or representations as to the Site's
accuracy. GPDUSA.COM assumes no liability or responsibility for any errors
or omissions in the content on the Site.
Limitation of Liability
GPDUSA.COM 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. GPDUSA.COM 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, GPDUSA.COM 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), GPDUSA.COM'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 Agoura Hills, CA. 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.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon
GPDUSA.COM until accepted by GPDUSA.COM. Terms of payment are within
GPDUSA.COM's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice.
GPDUSA.COM 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
Shipping and handling charges on all orders vary, based on
weight and delivery address. For our most current and competitive rates, options
and shipping specials, please use the Shipping Calculator option on our website.
Please note that address corrections due to incorrect information provided by
the customer will be subject to additional delivery/redirect charges. 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.
Credit Cards
Credit card charges and all other payment methods are processed
online after ordering the products and/or services. We do verify all credit card
orders. We do verify credit information receive for your protection and ours.
Due to increasing credit card fraud, if the ship to and bill to addresses on
your order are not the same, your order may be delayed while we verify the
legitimacy of the transaction. Other orders suspected of fraud will be delayed
until verified. In some instances, we may ask you to provide us with additional
information to verify the legitimacy of the information received.
Return Policy
The following refund
policy applies to all products except those stating their own refund policy
within the product description:
|
• |
GPDUSA.COM
offers a 45 day return policy on selected items, based on manufacturer
return policies. Special Orders, Custom orders, Clearance, Scratch
and Dent and Blem items are not eligible for return or exchange.
For information not listed, please contact us.
|
|
• |
To
obtain a Return Merchandise Authorization (RMA) number before shipping
your product, Go to www.gpdusa.com and click on REQUEST RMA. You must log
into your account to view your order details. NO returns of any type will
be accepted without an RMA number. After receiving an RMA number,
merchandise must be returned within 10 business days of the date the
RMA number was issued, or your return will not be
accepted. |
|
• |
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. Products being returned to
GPDUSA.COM must be properly packaged so they are received in new,
undamaged and unused condition when returned. Items must not show any
signs of usage or installation. Returned items that have been improperly
packaged and damaged in transit back to us will not be eligible for a
refund, credit or exchange. Any item, in GPDUSA.COM's opinion that
shows signs of usage and or installation will not be eligible for return
or refund. |
|
• |
You
are responsible for shipping charges on returned items. GPDUSA.COM
will match your shipping method on your replacement or exchange item(s).
Please note that original shipping charges will be deducted from returned
items that have 'Free Shipping'. |
|
• |
GPDUSA.COM
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. International orders may be subject to taxes
and duties as required by the country of destination. GPDUSA.COM does
not charge nor collect any taxes, duties or fees on any International
order. These fees are the responsibilty of the purchaser. As required by
law, GPDUSA.COM will not classify any orders as a "gift". Any orders
refused by the customer for any reason will be subject to the shipping
charges plus a 20 percent restocking fee. |
|
• |
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 GPDUSA.COM to file a
damage claim. Save the merchandise AND the original box and packing it
arrived in, notify GPDUSA.COM immediately to arrange for a carrier
inspection and a pick up of damaged merchandise. If you do not notify
GPDUSA.COM of damaged goods within the first 3 days of arrival,
our regular return policy will override any claim of damage, and will fall
under all current manufacturer restrictions. Call 818-735-7944 or your
GPDUSA.COM account manager to arrange for carrier inspection and a
pick up of damaged merchandise. |
|
• |
DEFECTIVE
returns can be returned directly to GPDUSA.COM within 3 days
from the delivery date, at GPDUSA.COM's discretion for: credit,
replacement, exchange or repair. |
|
• |
Manufacturer
restrictions do apply and are outlined in our detailed policy. Any item
that is missing the UPC can ONLY be replaced with the same item. After 45
days, all manufacturers' warranties apply. |
|
• |
NON-DEFECTIVE
returns can be accepted directly by GPDUSA.COM within 45 days
from the invoice date, at GPDUSA.COM's discretion for: credit,
exchange. All NON-DEFECTIVE returns are subject to a 15 percent
restocking fee. |
 |
|
GPDUSA.COM
reserves the right to authorize product returns beyond 45 days from the
invoice date. IF the product is accepted after 45 days, credit will be
issued toward FUTURE PURCHASES ONLY less a 20 percent restocking fee. Original
shipping and FREE shipping charges are NOT refunded on returned items. Customers
are responsible for all shipping charges back to GPDUSA.COM on returned
items.
