TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS
Application. The following are the Terms and Conditions of Sale (“Terms”) applicable to sales of products and services by OnLogic B.V. (“OnLogic”) to you (“You” or “Customer”). All purchases by You are expressly limited and conditioned upon acceptance of these Terms. OnLogic objects to and rejects any provision additional to or different from the Terms that may appear in Your purchase order, acknowledgement, confirmation, writing, or in any other prior or later communication from You to OnLogic, unless such provision is expressly agreed to by OnLogic in a writing signed by OnLogic. For the purposes of these Terms, the term “Goods” will refer to all computer systems, components, and/or software listed in an order for purchase (an “Order”).
Quotations & Prices. Retail prices for Goods are available on the OnLogic website, www.onlogic.com. Customers may request a quote for orders of 5 or more computer systems. Written quotations automatically expire 7 calendar days from the date issued and are subject to termination by notice within that period. Quotations may not be disclosed to any third-party or used in preparation of any request for quotation for goods similar to, or as a substitution for, Goods quoted by OnLogic. Retail prices for Goods are available on the OnLogic website, www.onlogic.com. Customers may request a quote for orders of 5 or more computer systems. Written quotations automatically expire 7 calendar days from the date issued and are subject to termination by notice within that period. Quotations may not be disclosed to any third-party or used in preparation of any request for quotation for goods similar to, or as a substitution for, Goods quoted by OnLogic.
Prices for Goods are exclusive of all city, prefectural, and national excise taxes, including taxes on manufacture, sales, receipts, gross income, occupation, use, and similar taxes. Wherever applicable, such tax or taxes will be added to the invoice as a separate charge to be paid by Customer. Customer agrees to pay applicable taxes, customs duties and/or brokerage fees associated with any Order.
Unless specifically stated otherwise in a quotation from OnLogic, prices are Free Carrier (FCA) OnLogic’s warehouse location, per Incoterms 2010.
OnLogic reserves the right to accept, decline, refuse, or cancel an order for any reason. Receipt of an electronic confirmation does not signify OnLogic’s acceptance of an order or confirmation of OnLogic’s offer to sell. In the event of incorrect pricing or information due to typographical error, OnLogic can refuse or cancel the order. In this case, a refund will be issued immediately.
Payment Terms. OnLogic accepts payments by bank transfer, credit card or other electronic payment methods as approved by OnLogic. OnLogic requires payment prior to shipment, unless credit terms have been expressly granted and agreed to in writing. In the event OnLogic grants credit terms, such term shall start upon the earlier of the shipping date or invoice date. Customer may not apply set-offs or suspend payment obligations of any undisputed amounts due. Failure to pay any undisputed amount when due may be assessed interest of 1.5% per month (18% per annum), or the maximum interest allowed by statute, at OnLogic’s discretion. In the event the Customer has not paid an undisputed amount when due, OnLogic may resort to judicial means or other collection measures and the Customer shall reimburse OnLogic’s costs, including reasonable attorney’s fees.
International Shipping. For Customers outside of the European Union, European Economic Area or other such defined economic zone, as the importer of record, Customer is responsible for any additional levies, duties, taxes and other customs fees required for clearance. OnLogic will not issue credit for any orders that are refused or abandoned.
Delays. OnLogic will use reasonable efforts to meet Customer’s requested delivery date(s), but OnLogic does not guarantee a specific delivery date. In addition, delivery of Goods are subject to, and contingent upon, delay directly or indirectly caused by, or in any manner arising from, fires, floods, accidents, weather related events, disease, riots, acts of God, war, government interference, embargoes, priorities, regulations, strikes, labor difficulties, shortages of labor, fuel, power, materials or supplies, transportation delays, compliance with any law, statute, ordinance, regulation, policy, order or request of any federal, state, provincial or local government unit, or any officer, department, agency, or committee thereof, OnLogic’s production schedules, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond OnLogic’s control and OnLogic will not be liable for any loss or damage suffered by Customer arising therefrom. OnLogic will have the right, in the event of the happening of any of the above contingencies, at its option, to cancel any outstanding order or any part thereof without any resulting liability and shall, in that event, refund to Customer any prepaid amounts (if any).
Partial Shipment. OnLogic reserves the right to make delivery in installments. All such installments will be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment will not relieve Customer of its obligation to accept remaining deliveries.
Storage. In case of any delay in shipment of Goods requested or caused by Customer, OnLogic shall place finished Goods in storage and Customer will pay 1% of the Goods invoice amount for each and every 30-day period (or portion thereof) that the Goods are in storage. Customer shall pay each invoice when due.
Transfer of Title. Title to the Goods and Risk of Loss shall transfer from OnLogic to Customer upon placement of the Goods, or any portion thereof, with the carrier or into storage.
Cancellation; Rescheduling. Orders may not be canceled or rescheduled, without OnLogic’s prior written consent.
Returns. Subject to the exceptions and fees below, Customer may return Goods for a refund within 30-days of the ship date (subject to Return Material Authorization from OnLogic and the restrictions in this Section 10). All components are subject to a 5% restocking fee. All systems are subject to a 15% restocking fee. Shipping charges are non-refundable. Except in the event of a shipping error, Customer is responsible for the cost of shipping items back to OnLogic. The following Goods and fees are non-returnable and non-refundable:
Goods that have been defaced, modified, or physically damaged
Goods that have become non-functional due to user error, virus, or other malware
Goods that have the warranty label/mark or serial number removed or altered by Customer
Goods returned without original retail packaging or accessories (manual, CDs, cables, etc.)
Software, including software installed in computer systems
Expedited assembly and validation fees
Special orders, volume orders of systems (5+ units), and volume orders of components (10+ items).
Warranty. Unless otherwise expressly agreed to by the parties, OnLogic provides a 2-year warranty on all computer systems and a 1-year warranty (or manufacturer’s warranty) on all component-only orders or portions thereof. To the extent that any OnLogic vendor provides any additional warranty on the Goods, OnLogic hereby assigns to Customer all rights in such vendor’s warranties.
OnLogic warrants to Customer for the applicable warranty period, which in all cases begins on the date of shipment of the Goods to Customer, that the Goods will conform to the specifications for the Goods in force at the date of shipment of the Goods to Customer, and the Goods will be free from material defects in materials and workmanship. OnLogic’s sole liability for any valid warranty claim under this paragraph will be to repair or replace, at its option and at its expense, the defective or nonconforming Goods to a condition as warranted and will pay the cost of domestic shipping back to Customer. For warranty repairs, non-domestic customers must bear shipping costs to and from OnLogic and any duties, taxes, or brokerage fees associated with the return. In the case of discontinued items or those approaching end of life, a comparable replacement, as determined by OnLogic, may be provided.
A Return Material Authorization from OnLogic will be required for any Goods returned, regardless of the reason for the return. OnLogic does not guarantee safekeeping of Customer data present on any data carrying portion of the Goods, such as hard drive, ssd, sd-card or comparable, as part of a return. Prior to sending in Goods for repair, customers should backup all data, in the Customers opinion, could be harmful if lost or disclosed.
TO THE EXTENT NOT PROHIBITED BY LAW, ONLOGIC DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED EXCEPT AS PROVIDED IN SECTION 11(a).
ONLOGIC EXPRESSLY DISCLAIMS ANY WARRANTY OBLIGATIONS IN THOSE INSTANCES WHERE THE FAILURES RESULTED FROM (I) THE MATERIAL MODIFICATION OF THE GOODS BY CUSTOMER OR ITS CUSTOMER, (II) IMPROPER HANDLING, STORAGE, INSTALLATION, MAINTENANCE, OR ANY FAILURE TO FOLLOW ACCEPTED COMMERCIAL PRACTICE OR ANY SPECIFIC INSTRUCTIONS PROVIDED BY ONLOGIC, (III) CUSTOMER HAS REPAIRED THE GOODS AFTER DISCOVERY OF THE DEFECT WITHOUT ONLOGIC’S PRIOR WRITTEN CONSENT, (IV) CUSTOMER REFUSES TO PERMIT ONLOGIC TO EXAMINE THE GOODS TO DETERMINE THE NATURE OF THE DEFECT CLAIMED; OR (V) CUSTOMER HAS VOIDED THE WARRANTY AS SET FORTH IN SECTION 11(e).
Any warranty associated with the Good(s) will be void if there is evidence of damage or Misuse (as defined herein) by Customer. To avoid confusion between the parties, throughout these Terms, the term Misuse shall include, but shall not be limited to any use of the Goods, whether in and of itself or in combination with other components, devices, software, application or environment which exceeds, or is outside the scope of the technical specifications or performance capabilities of the Goods, as stated or inferable from any product instructions, technical manuals, specifications or that which is or was disclosed to and mutually understood and agreed to, in a writing, between the parties at the time of sale. When Goods returned for repair are found to be working or a breach of Section 11(d) or 11(e) are found, the cost of disposal or shipping back to the Customer will be charged to the Customer.
Inspection by OnLogic. According to its own practices, OnLogic shall inspect the Goods before shipment.
Inspection by Customer. Customer shall inspect the Goods including partial deliveries thereof within a reasonable period following arrival at Customer’s premises but in any event within fifteen (15) days of such arrival, and shall immediately notify OnLogic in writing of any failure of the Goods to conform to the requirements of these Terms. If Customer fails to provide such written notice within such time period, the Goods, including partial deliveries of the Goods, shall be deemed to have been accepted.
Non-conformities. After having been notified of any non-conformities, OnLogic shall use commercially reasonable efforts to remedy such non-conformities within a reasonable period of time, and Customer shall cooperate with OnLogic’s efforts to do so. After remedying such nonconformities, further acceptance testing may be performed by Customer in accordance with Subsection 12(b) above. If OnLogic is not able, despite commercially reasonable efforts, to remedy any such non-conformities, OnLogic shall, at its sole option, replace the Goods at issue or issue a refund, which shall be OnLogic’s sole liability, and Customer’s sole remedy, on account of OnLogic’s failure to remedy such non-conformities.
Default. Upon the occurrence of any of the following events:
non-payment of any undisputed invoice when due;
the failure of Customer or OnLogic to perform any other obligation in these Terms or under any Order, and such failure is not excused or cured within 30-days after written notice thereof; or
the occurrence of a Bankruptcy Event.
The non-defaulting party will be entitled to:
recover from the defaulting party all court costs, reasonable attorneys’ fees and expenses incurred by the non-defaulting party in connection with the defaulting party’s default, and interest on past due amounts; and
in the event of non-payment by Customer, maintain a lien on the Goods until payment in full is received by OnLogic.
“Bankruptcy Event” means the occurrence of any of the following events with respect to either Customer or OnLogic: (a) filing of a petition or otherwise commencing, authorizing or acquiescing in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar law; (b) making of an assignment or any general arrangement for the benefit of creditors; (c) having a bankruptcy petition filed against it and such petition is not withdrawn or dismissed within 30-days after such filing; (d) otherwise becoming bankrupt or insolvent (however evidenced); (e) having a liquidator, administrator, custodian, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or (f) being generally unable to pay its debts as they fall due.
OnLogic will indemnify, defend and hold harmless Customer from and against all claims, suits and actions (collectively “Claims”) brought against Customer, and for any direct damages that arise directly from Claims that the Goods infringe the intellectual property rights of a third party or any claim resulting from any defect in design, materials, or workmanship in the Goods supplied by OnLogic to Customer. OnLogic will not be responsible for any infringement to the extent such infringement is the result of (i) use of the Goods in combination with any other products not provided by OnLogic if the infringement would not have occurred but for such combination, (ii) any alteration or modification of the Goods not undertaken or authorized by OnLogic if the infringement would not have occurred but for such alteration or modification, (iii) OnLogic’s compliance with Customer’s specifications if the infringement would not have occurred but for such compliance, or (iv) Customer’s failure to comply with OnLogic’s instructions regarded as necessary to render the Good(s) non-infringing if the infringement would not have occurred if Customer would have complied with OnLogic’s instructions. Customer will indemnify, defend and hold harmless OnLogic from and against any Claims brought against OnLogic by any third party based on claims resulting from exceptions (i) through (iv) above. The foregoing duty of OnLogic to hold harmless, defend and indemnify Customer shall not apply to the extent such claim, loss, liability or expense results from the willful misconduct or gross negligence of Customer.
Upon receiving notice of a claim or allegation of infringement of any intellectual property rights as set forth herein, OnLogic shall take the necessary measures to intervene as a party of interest or other such action as is necessary to defend such claim or allegation of infringement prior to a claim or cause of action is filed. Customer may, by counsel of its own choosing and at its sole expense, participate in any legal proceeding or settlement relating to any matter as to which a claim is made by under this indemnity.
Customer Indemnification. Customer assumes all responsibility and liability for injury or damages resulting from its negligent handling, Misuse, or resale of Goods supplied hereunder, including, but not limited to any injury or damage resulting from the negligent or intentional misuse of Goods in combination with other products, and agrees to hold harmless, defend and indemnify OnLogic from and against all claims, losses, liabilities and expenses arising out of such handling, Misuse, or resale. The foregoing duty of Customer to hold harmless, defend and indemnify OnLogic shall not apply to the extent such claim, loss, liability or expense results from the willful misconduct or gross negligence of OnLogic.
Limitation of Liability.
EXCEPT FOR ONLOGIC’S INTENTIONAL ACTS OR GROSS NEGLIGENCE, IN NO EVENT WILL ONLOGIC BE LIABLE TO CUSTOMER OR TO ANY THIRD-PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, WHETHER UNDER CONTRACT, TORT, WARRANTY OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER RELATED AGREEMENT, WHETHER OR NOT ONLOGIC HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR ONLOGIC’S INTENTIONAL ACTS OR GROSS NEGLIGENCE, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF ONLOGIC AND ITS AFFILIATES BE IN EXCESS OF AN AMOUNT EQUAL TO THE LESSER OF (1) THE PAYMENTS RECEIVED BY ONLOGIC IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST CLAIM BROUGHT BY CUSTOMER UNDER THIS ORDER, (2) 250,000 EUROS OR ONLOGIC’S INSURANCE COVERAGE (IF APPLICABLE) WHETHER ARISING UNDER WARRANTY/GUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, DEFENSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER. ALL INSURANCE, BOND AND BANK GUARANTEE OR LETTER OF CREDIT PROCEEDS WHICH MAY BE PAID TO CUSTOMER BY THE INSURERS, SURETIES OR BANKS OF ONLOGIC OR ITS AFFILIATES WILL BE CREDITED AGAINST THE LIMITATION STATED ABOVE AND REDUCE THE AMOUNT OF THE CUMULATIVE LIABILITY OF ONLOGIC AND ITS AFFILIATES.
EXCEPT FOR ONLOGIC’S INTENTIONAL ACTS OR GROSS NEGLIGENCE, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CUSTOMER’S REMEDIES ARE LIMITED TO THOSE REMEDIES STATED HEREIN AND THESE REMEDIES WILL NOT FAIL THEIR ESSENTIAL PURPOSE BECAUSE CUSTOMER IS LIMITED TO THE EXCLUSIVE REMEDIES AS STATED HEREIN. ALL OTHER REMEDIES (INCLUDING ANY TORTIOUS REMEDIES) ARE EXCLUDED AND ARE IRREVOCABLY WAIVED BY CUSTOMER. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO ONLOGIC’S NEGLIGENCE OR FOR ONLOGIC’S FRAUD, FRAUDULENT MISREPRESENTATION OR BREACH OF THE TERMS IMPLIED UNDER SECTION 12 OF THE SALE OF GOODS ACT 1979, IF APPLICABLE.
Intellectual Property. Each party owns or possesses intellectual property rights developed or acquired prior to or independently of these Terms, and each party will continue to own all such intellectual property rights and any improvements or extensions thereof. OnLogic retains all intellectual property rights, whether registered or unregistered, including trademarks, patents, and copyright of all documents, drawing rights, design rights, developed programs, software, models and other data provided or developed in relation to the Goods. OnLogic will grant Customer a non-exclusive, non-assignable royalty free license to use the same only for the purposes of operating or maintenance of the Goods by Customer.
Software. If the Goods include any third-party computer software (installed on the Goods or otherwise available) (“Software”) Customer agrees to comply with all third-party license terms regarding such Software.
Customer hereby agrees to comply fully with all applicable U.S., E.U. and other National sanctions and export control laws and regulations. Specifically, Customer covenants that it will not directly or indirectly sell, provide, export, re-export, transfer, divert, loan, lease, consign, or otherwise dispose of any product, services, software, source code, or technology received from OnLogic to any person, entity, or destination, or for any activity or use prohibited by the laws or regulations of any country without obtaining prior authorization from the competent government authorities, including but not limited to the U.S. Dept. of State, U.S. Dept. of Commerce, Her Majesty’s Treasury, Asset Freezing Unit’s Consolidated List of Financial Sanctions Targets; the European Union’s consolidated list of persons, groups, and entities subject to EU financial sanctions, as required by those laws and regulations.
Customer acknowledges and agrees that OnLogic’s right to furnish certain products to Customer is subject to and conditioned upon applicable sanctions and export control laws and regulations, and that OnLogic will have no liability for acting in a manner OnLogic deems to be in compliance with such laws and regulations.
Anti-Bribery and Corruption Laws. Each party hereunder represents and warrants compliance with all applicable anti-bribery and corruption laws and regulations including, but not limited to, the U.S. Foreign Corrupt Practices Act (“FCPA”), the U.K. Bribery Act, The OECD Anti-Bribery Convention and the Brazilian Clean Companies Act. Each party agrees to defend, indemnify, and hold harmless the other party from any claims, costs, liabilities, penalties, obligations, and damages such other party may incur, including without limitation reasonable court, attorney and expert fees, and costs, as a result of such party’s breach or violation of this warranty.
Confidentiality. “Confidential Information” means any confidential or proprietary information concerning OnLogic, Customer, or its affiliates and/or their respective business, products, services, marketing, promotional or technical information, which shall include the terms and conditions set forth herein. For purposes hereof, Confidential Information will not include information: (a) which was previously known to the parties without an obligation of confidentiality; (b) which was acquired from a third party who was not under an obligation to not disclose such information; (c) which was independently developed by either party without any breach of these Terms, or (d) which is or becomes publicly available through no fault of either party.
Except as otherwise required by applicable law, the parties agree that (a) they will use the Confidential Information solely for the purpose of performing its obligations under these Terms and (b) will only disclose the Confidential information to those persons necessary for the purpose of performing its obligations under these Terms. The parties hereby agree to protect such Confidential Information in the same manner that they protect the confidentiality of their own proprietary and confidential information and materials of like kind, but in no event less than a reasonable standard of care. The parties shall be responsible for any breach of these confidentiality provisions by their respective employees or agents. In the event either party receives a subpoena or other validly issued administrative or judicial process demanding the Confidential Information, the receiving party will give the other party prompt written notice of any disclosure of Confidential Information that, in the opinion of its counsel, appears to be required by law, so that the other party may assert any defenses to disclosure that may be available. Upon request by either party, the other party will return (or, at the party’s request, destroy) all copies of any Confidential Information. Confidential Information will at all times remain the property of the originating party. No license under any trade secrets, copyrights, or other rights is granted by any disclosure of Confidential Information. For Confidential Information that does not constitute “trade secrets” under applicable law, these confidentiality obligations will expire five (5) years after the disclosure of the Confidential Information by the originating party.
Governing Law. Any dispute arising from the services will be governed by, and construed in accordance with, the laws of the Netherlands, (excluding the United Nations Convention on Contracts for the International Sale of Goods or the Vienna Sales Convention) without regard to conflict of laws principles. Any proceeding brought under or related to these Terms shall be brought solely and exclusively before the competent Court in the Netherlands and the parties expressly consent to the exclusive jurisdiction of such courts.
Notice. Any notice, communication or statement required or permitted to be given hereunder shall be in writing and deemed to have been sufficiently given when delivered in person, by registered or certified mail, postage prepaid, return receipt requested, or by a reputable overnight carrier. Notices to OnLogic shall be directed to OnLogic, Attn: General Counsel, De Boedingen 39, 4906 BA Oosterhout, The Netherlands with copy to firstname.lastname@example.org and notices to Customer shall be directed to the address listed in the Customer order to which these Terms apply, or to such other address or addresses as either party may hereafter designate in writing.
Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of its other provisions and the remaining provisions will remain in full force and effect.
Entire Agreement; Amendment; Waivers. These Terms will supersede all prior negotiations, discussions, and dealings concerning the subject matter hereof, and will constitute the entire agreement between OnLogic and Customer concerning the subject matter hereof. There are no understandings, inducements, commitments, conditions, representations or warranties of any kind, whether direct, indirect, collateral, express or implied, oral or written, from either party to the other, other than as contained in these Terms. Neither party will claim any amendment, modification or release of any provisions hereof unless the same is in writing and signed by both parties. No waiver by Customer of any breach of any terms, conditions or obligations under these Terms will be deemed a waiver of any continuing or subsequent breach of the same or any other terms, conditions or obligations hereunder.
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
Agreement. This Term of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of onlogic.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by OnLogic, Inc. (OnLogic) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.onlogic.com/eu-en/company/support/terms-conditions/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Ownership. All content included on this site is and shall continue to be the property of OnLogic or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
Trademarks. The trademark ONLOGIC and other marks are either trademarks or registered trademarks of OnLogic, Inc. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Site Use. OnLogic grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of OnLogic and we may terminate your use of this website at any time.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Indemnification. You agree to indemnify, defend and hold OnLogic and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ONLOGIC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ONLOGIC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site OnLogic’s General Counsel, who can be reached as follows:
By Mail: 435 Community Drive, S. Burlington, VT 05403 By Phone: +1-802-861-2300 By Email: email@example.com
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of OnLogic to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by OnLogic must be in writing and signed by an authorized representative of OnLogic.
Termination. OnLogic may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
OnLogic, B.V. De Boedingen 39 4906 BA Oosterhout The Netherlands
OnLogic offers Free Economy Shipping within the Netherlands, Germany and Belgium on all online orders of €200 and above. If your purchase qualifies for Free Economy Shipping, you will see this option available at the time of checkout.
For American customers, we have a website and store located in the United States at www.onlogic.com/. If there is something you don't see on the American site, please contact firstname.lastname@example.org.
Customers are responsible for all shipping and insurance charges. OnLogic will ship anywhere in the U.S., Canada and, at its discretion and under specific terms, to other international destinations. If items ordered are in stock and customer payment is confirmed, orders consisting solely of components (no built systems) that are placed before 5 p.m. eastern standard time usually ship the same business day if using UPS as the shipping method.
Please note: this is not guaranteed. Orders for products consisting of multiple components that have been assembled into a system by or for OnLogic usually require 3-5 full business days for building and testing. Volume Orders may take longer. Rush orders for systems must be placed by 1:00 p.m. eastern standard time in order to ship by the end of business the next day.
You're about to leave your items behind! When changing stores, the items in your cart or links to system configurations that have been shared with you will not carry over. Don't worry, your cart and links will be waiting for you should you return.