TERMS AND CONDITIONS

Welcome to GDI Technology Inc !

These terms and conditions outline the rules and regulations for the use of GDI Technology Inc ‘s Website, located at www.gditechnology.com.

By accessing this website, we assume you accept these terms and conditions. This statement of terms and conditions supersedes all previous issues, and its subject to change without prior notice. Do not continue to use GDI Technology Inc if you do not agree to all of the terms and conditions stated on this page.

Globaltech Distributors, Inc. D.B.A - GDI Technology Standard Terms and Conditions of Sale

Statement of Terms and Conditions supersedes all previous issues of Terms & Conditions, and is subject to change without prior notice.

Terms: Invoices are due upon receipt for all GDI customers who have been cleared for credit unless alternate credit arrangements have been made through GDI’s Credit Department. All items sold by GDI remain the property of GDI until such time that they are paid for in full.

Taxes: Customer shall pay, and hold GDI harmless from, all applicable taxes and duties arising from the purchase of any product from GDI. If tax exempt, customer must provide a copy of a valid “Resale” or “Exempt” Certificate to GDI for the current year.

Shipping:
Orders will normally be shipped within 48 hours after receipt of purchase order by GDI, subject to merchandise availability. The selection of the carrier rests with GDI, unless the customer arranges for their own freight pickup. Freight terms are FOB shipping point, and freight will be charged to the customer on the equipment invoice, or on a subsequent invoice.

Service:
GDI has a staff of skilled technicians to provide service to its customers. In-warranty repairs are done at no charge. Out-of-warranty repairs will be charged back to the customer at a rate of $75 per hour (one-hour minimum) plus parts. International onsite technicians are available for service out of the US at a rate of $2,500.00 for service within 24 hours, additional hours will be charged at a rate of $75 per hour/ Products returned with missing parts will be repaired and parts replaced, and the cost for the missing parts will be charged back to the customer. For technical assistance, call (305) 969-2047 and ask for the Technical Service Department. To return product for repair, please call Customer Service at (305) 969-2047 to obtain a return authorization number.

Returned Goods Policy: To return product, please contact GDI’s Customer Service Department for a return authorization (RMA) number at (305)969-2047. All product(s) returned to GDI for any reason must have a RMA number clearly marked on the shipping label of each carton, and be returned freight prepaid. No COD’s will be accepted. RMA numbers are valid for thirty (30) days from date of issue. Any package received at GDI without an RMA number will be rejected and returned to sender. All non-defective products returned to stock must be returned within 30 days of invoice date in the original unopened carton, and will be assessed a 20% restocking charge. Special order and non-inventoried products may not be returned.

Warranties: All products sold by GDI Technology including converters, modems, and equipment carry a 90-day limited expressed warranty from the ship date unless otherwise specified in the invoice. All other warranties, expressed or implied, including the warranties of merchantability and fitness for a particular purpose are disclaimed. All units are considered used and sold “AS IS” unless otherwise specified, such units may have minor scratches, marks, or aged color. During the expressed limited warranty period, equipment is not covered for lightning, power surges, customer abuse or be tampered with.

No Representations and Warranties : Excluding any representations and warranties noted in our Terms of Use Agreement, we do not promise any representations or warranties, including for the following: Express, Implied, Statutory, Without limitation, Merchantability, Fitness for a particular use, Noninfringement.  We also refuse any error-free, interruption-free or disruption-free warranties or representations of the GDI Technology Inc  site and services.

Limitation of Liability : GDI Technology Inc is not liable — under any circumstances — to you or a third party for any of the following damages through use or inability to use our site, product and services: Direct, Indirect, Incidental, Special, Reliance, Consequential, Punitive.  As well, our total liability for damages, losses and causes of actions shall never exceed $5.00. We are also free from any obligation to update our site and its contents.  The only solution for dissatisfaction with our website is to conclude GDI Technology website, service and product use.

Out-of-warranty process: After the limited hardware warranty expires, GDI Technology may be able to offer you service alternatives on a fee basis. Upon receipt of the product with a valid RMA number, the customer is responsible for Preliminary non-refundable Inspection fee of $75, regardless of whether the unit can be repaired or not. If the unit can be repaired, GDI RMA department will quote fee for the repair, including parts, labor & Freight, for the customer’s acceptance. The customer decides to proceed with the repair or not. The customer will then provide credit card authorization (or written authorization if net term available) to authorize the repair. GDI Technology warrants the repaired parts for additional 90 days per return date.

Service Exclusions and Diagnostic Fee: GDI Technology may charge you a diagnostic fee (including shipping charges), if GDI Technology inspects your product and determines that (i) your product does not require service, (ii) your product has failed due to or has incompatibilities with software or data residing or recorded on your product (iii) service is required due to the failure of parts that are neither supplied by GDIe nor GDI-branded, (iii) additional labor or parts are required that were not specified in the original estimated charges and you do not agree to authorize service based on GDI’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than GDI or an GDI Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). GDI will return your product to you without servicing it and may charge you the Diagnostic Fee.

Warranty Exclusions: Our Warranty does not apply to Non-GDI manufactured products or equipment failure due to Software & Firmware, Batteries, Licenses and Services.

Jurisdiction & Venue: Subject to clause (a) below, the parties irrevocably agree that the courts of Miami-Dade County, Florida, USA are to have exclusive jurisdiction for the purpose of hearing and determining any suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity (“Proceedings”) and for the purpose of enforcement of any judgment against its property or assets.

(b) Nothing in this clause shall (or shall be construed so as to) limit the right of GDI Technologies to take Proceedings against contracted Counter-Party in the courts of any country in which Counter-Party has assets or in any other court of competent jurisdiction nor shall the taking of Proceedings in any one or more jurisdictions preclude the taking of Proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.

Trademarks: The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of GDI technology and others. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any GDI Technology trademark, service mark or logo used or displayed in the Materials without the prior express written permission of GDI. When used with GDI’s permission, all trademarks must be identified as trademarks of GDI using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of GDI in a footnote at the end of the communication.

Patents: GDI’s technology and products, including products that may be available as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.

Cancellation of Purchases: GDI may, after giving written notice to Supplier upon a default by Supplier of any of its obligations hereunder, GDI may, in addition to any other rights or remedies it may have, cancel the Purchase Order and seek damages from Supplier. If Supplier becomes insolvent, a petition is filed for reorganization of Supplier or for its adjudication as a bankrupt, Supplier makes an assignment for the benefit of its creditors, or a receiver or trustee is appointed for any of Supplier’s assets or any other type of insolvency proceeding or formal or informal proceeding for dissolution, liquidation or winding down of the affairs of the Supplier is commenced, GDI may cancel the Purchase Order, and seek damages from Supplier in accordance with law. In the event of any cancellation hereunder, Supplier shall cease any work or delivery and observe any instruction from GDI as to work in progress.

Lead Times and Delivery Dates: Are approximate and will be indicated on individual invoices.  By accepting our quotation, the buyer hereby agrees not to hold GDI Technology and their respective officers, directors, employees or agents responsible for delays resulting from Covid-19.  Order cancellations or penalties will not be accepted because of delays beyond GDI Technology control, including, without limitation, delays caused by lack of field used product to refurbish, manufacturers supply chain, component shortages or shipping companies delays. Furthermore, the buyer agrees to not hold GDI Technology and their respective officers, directors, employees or agents responsible for natural disasters, terrorism, pandemic etc. which may affect the timing for the delivery of the order.

Force Majeure: Seller shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. Seller’s time for performance of any such obligation shall be extended for the time period of such delay or Seller may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.

Typographical Errors: GDI Technology Inc is not responsible for typographical errors. GDI Technology Inc reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.

Governing Law; Dispute Resolution: You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Miami Dade County, Florida, and waive any objection to such jurisdiction or venue.   Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GDI and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.