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All references in these Terms and Conditions to “Global Interactive Solutions, LLC,” “gisolutions.com,” “GIS”, or any other trade name used by our company herein shall also mean and refer to “Global Interactive Solutions, LLC”, which is the legal owner of these trade names and domain names.
Part 1: Warranty, Technical Support, Ordering, Canceling an Order
These Terms and Conditions shall apply to all transactions by Global Interactive Solutions, LLC, hereby referenced as GIS, to any Customer and shall apply in place of, and prevail over, any previous terms or conditions unless specifically agreed to in writing by GIS. Customer, by its placing an order with us, hereby accepts these Terms and Conditions.
Warranty: All products sold are new products with the manufacturer's warranty (unless explicitly stated otherwise). The manufacturer's warranty varies by manufacturer and product. You may purchase an extended warranty through GIS at the time of sale. The warranty of the manufacturer is the sole warranty, express or implied, relating to the products sold. GIS makes no warranty, express or implied, of the products sold, but we do replace defective products on the terms stated herein.
Technical Support: We will try our best to assist you with the initial setup and installation of your product during the first 30 days following your purchase. However, we cannot be held responsible to provide you with technical support without your having purchased specific service or support packages with your product. At your option, you can purchase a variety of extended services and technical support packages, such as expedited part replacement, help-desk and onsite maintenance agreements, which will assist you with technical or product problems.
Multimedia Video Bridging Services: We warrant that we will perform services with reasonable skill and in a workmanlike manner and will use reasonable efforts to restore service in the event of a failure, but make no other warranty or guarantee, express or implied, and we expressly disclaim all other warranties or conditions, express or implied, including, but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, and/or fitness for a particular purpose.
Ordering: All orders accepted and processed prior to 3:00 p.m., E.S.T., shall ship the same business day. GIS has access to two fully stocked warehouses, so delays for items that are not in stock are not likely to occur. Notwithstanding the foregoing, the receipt of an on-line electronic order does not constitute the acceptance of an order or a confirmation to sell. Additional verification of information may be requested in our discretion prior to the acceptance of any order.
Cancelling an Order: Orders may be cancelled if the cancellation is received and processed prior to shipping the order.
Part 2: Return Policy
Products can be returned only if these Terms and Conditions are fully complied with and the product is either 1) defective or 2) unopened. Defective products may only be returned for replacement of the same item. Only unopened non-defective products may be returned for a refund, but shall be subject to a restocking fee equal to 15% of the sales price of the product. Shipping charges are not refundable under any circumstances.
No products will be accepted for return without a written "Return Materials Authorization" (RMA), issued by GIS. RMA's must be requested within 30 days of the shipment date. Before returning an item, contact us by e-mail at info@gisolutions.net or by phone at 1-888-222-5674 and describe the product, its serial number, invoice number and brief description of the problem. The product must be received within 10 days of the RMA issue date at the return address instructed on the RMA. Customer assumes full responsibility for insuring the product in the amount of its purchase price. The RMA should be displayed on the shipping label. Items returned to GIS without an RMA may be refused delivery. We strongly recommend that you use a carrier that can track packages when returning any item.
All items (other than defective products) must be returned in its original unopened packaging. Defective products must be returned in their original packaging, be in "as new" condition, and have all accessories, blank warranty cards and user's manuals enclosed.
Part 3: Methods of Payment, Sales Tax, Purchase Orders, Invoices and Late Payments
Methods of Payment: GIS accepts Visa, MasterCard, American Express, Discover, PayPal as well as wire transfers. Purchase orders and checks will be accepted from government and educational institutions as well as corporate customers with our prior approval. All payments must be in U.S. dollars. International sales require electronic funds transfer. Contact GIS for details.
Sales Tax: GIS does not charge any sales tax for orders shipped to an address outside of the State of Georgia. If any sales tax is due on a sale, customer accepts full responsibility for payment of such taxes.
Purchase Orders: Only pre-approved government and educational institutions may purchase products on credit with a Purchase Order. To the extent the terms of any Purchase Order conflict with these Terms and Conditions, these Terms and Conditions shall control and supersede the conflicting terms of the Purchase Order. Without limiting the foregoing, all products purchased with a Purchase Order are subject to the cancellation, return and dispute resolution policies set forth herein.
Invoices and Late Payments: In the event of the Customer's default in payment for products, the Customer shall be responsible for all reasonable costs and expense incurred by GIS in collecting any sums owed by the Customer (including any costs of collecting on a judgment), and GIS shall not be obligated to make any further deliveries to the Customer. Such reasonable costs and expenses shall include, but not be limited to, reasonable attorney's fees. Payments received 30 or more days past invoice due date shall be subject to and accrue interest at a rate of 1.5% per month, or the highest allowed by Georgia state law, to defray GIS's cost of carrying such balance.
Part 4: Returned Checks, Retention of Title, Dispute Resolution by Arbitration, Jurisdiction, No Setoff, Governing Law, Waiver, Entire Agreement
Returned Checks: Customers will be assessed a service charge of $25.00 for each check returned to GIS’s bank. GIS reserves the right to re-deposit the check and institute a credit hold until the check clears. If the check does not clear upon re-deposit, payment will be required via wire transfer or cashier's check within 72 hours.
Retention of Title: GIS hereby retains a security interest in, and Customer hereby grants to GIS a first priority security interest in, all products purchased by Customer to secure the purchase price of the products and any other obligations owing by Customer hereunder. Customer hereby authorizes GIS to file any and all Uniform Commercial Code financing statements, amendments and continuation statements, against Customer in order to perfect the lien of GIS in products purchased to secure such obligations.
Dispute Resolution: GIS and Customer will attempt to settle any claim or controversy arising out of a sale of a product or services through consultation and negotiation in good faith and a spirit of mutual cooperation. If, despite such attempts, the parties have not resolved the dispute, before or within 20 days after the service of a complaint commencing litigation, either party may notify the other in writing of its election of arbitration in accordance with these Terms and Conditions to resolve the conflict. In the event a party elects arbitration, GIS and Customer hereby agree that all disputes between them (and any of their respective officers, employees, agents, representatives and owners) arising out of the sale of products or services to Customer or relating to these Terms and Conditions shall be resolved by final and binding arbitration in Atlanta, Georgia by a single arbitrator appointed by Henning Mediation and Arbitration Service Inc. and in accordance with its arbitration rules, and judgment on the arbitration award may be rendered by any court of competent jurisdiction. The parties shall share on an equal basis the expense of the arbitrator’s fees and the arbitration fees charged by Henning Mediation and Arbitration Service Inc., and each party shall bear its own legal fees and costs incurred with such arbitration proceeding.
Jurisdiction/Venue: Customer agrees to resolve any claim or dispute between Customer and GIS (and any of their respective officers, employees, agents, representatives and owners) arising out of the sale of products or services to Customer or relating to these Terms and Conditions in the courts located in Cobb, County, Georgia, except to the extent that the parties have elected arbitration as provided in the “Dispute Resolution; Arbitration” paragraph above. GIS and Customer (and each of their respective officers, employees, agents, representatives and owners) hereby submit to the personal jurisdiction of the courts located within Cobb County, Georgia for the purpose of litigating all such claims or disputes.
No Setoff: Customer agrees that it shall not set off against amounts owed to GIS for purchases of product.
Governing Law: These Terms and Conditions shall be governed in all respects by the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to conflict of law provisions.
Waiver: Failure or delay by GIS to enforce any rights hereunder shall not be deemed a waiver of any such rights, nor operate so as to bar the exercise or enforcement thereof at any time thereafter.
Service of Process: Customer and GIS (and each of their respective officers, employees, agents, representatives and owners) each consents to the service of process by overnight or other air express delivery to the respective address as set forth on the applicable Purchase Order or Invoice. However, nothing in these Terms and Conditions shall affect the right to serve process in any other manner permitted by law.
Limitation of Liability Our entire liability for all claims of whatever nature (including claims based on negligence), arising out of the provisioning of Conferencing Services, including, but not limited to, damage to real or personal property, and not caused in whole or in part by you or any third party, shall not exceed, in any case, the amount paid for you to us for Conferencing Services rendered by us in the six months immediately prior to such a claim arising, provided only that the foregoing limitation shall not apply to death or personal injury caused by us or any other liability which may not be applicable law be excluded and limited.
In no circumstances shall we be liable to the other for indirect, consequential, reliance or special loss or damages or for any lost revenues, lost savings, lost business opportunity or lost profits of any kind.
Waiver of Punitive Damages: Customer and GIS (and each of their respective officers, employees, agents, representatives and owners) each waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any such action or proceeding any special, exemplary, punitive or consequential damages.
Survivability/Binding Effect: The terms of these Terms and Conditions shall be binding upon and inure to the benefit of the successors and assigns of Customer and GIS, and their respective officers, employees, agents, representatives and owners.
Entire Agreement: These Terms and Conditions represent the entire understanding of the parties with respect to the subject matter contained therein and no side agreements or representations shall be of force or effect.
E-mail us your questions at info@gisolutions.com
We are happy to answer any of your questions. We want you to make an informed decision and only provide you with products and services that meet your needs. We know and understand the products that we sell and don't just move boxes. We strive to answer all your emails within 24 hours whenever possible.
We look forward to hearing from you via email or call us toll free at 1-888-222-5674 or +1.404.699.2002 |
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