TERMS AND CONDITIONS

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.

Warranty: 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.

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.