Please carefully read the below listed terms and conditions before utilizing web site - http://www.gstinc.com

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Web Site Utilization

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this site. GST reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.

conditions of use
By accepting delivery of any product delivered from GST, Inc. ("SELLER"), you ("BUYER") agree to be bound by the terms and conditions listed below. BUYER and SELLER agree that the following terms and conditions are the exclusive terms governing the sales transaction between BUYER and SELLER. Any attempt to alter, supplement, modify or amend these terms and conditions by the BUYER will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from SELLER.

Restriction on Use of Materials
This site is owned and operated by GST, Inc. No material from this site or any Web site owned, operated, licensed or controlled by GST may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer, provided you keep intact all copyright and other proprietary notices. You may not modify the material in any way, without the prior written consent of GST. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. All content included on this site, such as text, graphics, logos, button icons, images, audio and video clips and software, is the property of GST or content suppliers and is protected by U.S. and international copyright laws. All software used on this site is the property of GST or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a buying resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. All company and product names contained in this Web site may be trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited.
If you have questions concerning the legal notices stated above, you may contact GST, Inc. at its corporate headquarters identified elsewhere (see Contact Us) on this Website.

Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall GST be liable for any special or consequential damages that result from the use of or the inability to use the materials in this site, even if GST or an authorized representative of GST has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall GST's total liability to you for damages, losses and causes of action (whether in contract, negligence, or otherwise) exceed the amount paid by you, if anything, for accessing this site.

Prices
Please note that all prices listed are list prices and are subject to change without notice.

Other
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Sales Transactions.

1. SALES PRICE, TERMS AND PAYMENT: The sales price of the Equipment is set forth on the front hereof. All sales are final. No refunds or returns are allowed. Unless otherwise provided on the front hereof, payment in full of the sales price is due upon execution or on-line acceptance of this Agreement, and in advance of Equipment delivery.

2. RESTOCKING FEE: If an RMA is issued by GST, an open box fee equal to 20% of the purchase price will be charged on any opened item returned.

3. TAXES: The sales price does not include any amount for present or future sales, excise or other similar tax which may be applicable to the sale of the Equipment or the use thereof by BUYER. BUYER agrees to pay all such taxes including interest and penalties therein. If SELLER is required to pay them to the taxing authority, BUYER will promptly reimburse SELLER for the amount paid. In the event BUYER is purchasing for resale, a duly executed exemption certificate for resale shall be delivered to SELLER prior to delivery of the Equipment.

4. FREIGHT COSTS, DELIVERY, AND SHIPPING POLICIES: The Equipment purchased pursuant to this Agreement shall be delivered to BUYER’S address as it appears on the reverse side of this Agreement. BUYER agrees to pay for all shipping, transportation, rigging, delivery and drayage costs, as well as any and all other costs associated with the shipping and/or delivery of the Equipment purchased pursuant to this Agreement. SELLER shall not be liable for any failure or delay in furnishing the Equipment materials or labor resulting from fire, explosion, flood, storm, Acts of God, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, transportation contingencies, difficulty in obtaining parts, supplies, or shipping facilities or delays of carriers. BUYER orders are processed within one business day and are shipped FedEx Ground unless otherwise specified at the time of order. Within. All orders are subject to shipping and handling fees. All orders will be insured by SELLER for the BUYER purchase price. BUYER is responsible shipping, handling, and insurance costs.

5. CLAIMS, DUTY TO EXAMINE: The BUYER is responsible to notify the carrier shipping the Equipment of any loss and for filing a claim for recovery of any loss occurring during transit. BUYER agrees to examine promptly all Equipment upon receipt and to notify SELLER of Equipment which is not in good working order, non-confirming deliveries or claims within seven calendar days after receipt.

6. INSTALLATION: BUYER shall make available, and agrees to pay for all costs associated with providing a suitable place of installation and the necessary electrical power, outlets and air conditioning required for operating the Equipment as defined in the Equipment manufacturer’s installation manual.

7. RISK OF LOSS; SECURITY INTEREST: With regard to Risk of Loss in the Event of a Breach of this Agreement, BUYER, at his or her own expense, shall independently seek adequate insurance coverage for the goods sold under this contract. The risk of loss shall pass to Buyer on the signing or on-line acceptance of this contract. BUYER shall not look to SELLER for any deficiency in insurance coverage, notwithstanding the fact that the BUYER may have the right of rejection, or that SELLER may be in breach of this Agreement. With regard to the Risk of Loss in absence of a breach of this Agreement, the Risk of Loss shall pass to BUYER as soon as the goods are ready for delivery, and without regard to any notice that they are ready for delivery. It is agreed that SELLER shall reserve a security interest in the Equipment sold under this Agreement until the time in which full payment has been made to SELLER.

8. MAINTENANCE; WARRANTIES; DISCLAIMERS: SELLER represents and warrants that, at the time the Equipment is delivered, the SELLER will be the lawful owner of the Equipment, free and clear of any liens and encumbrances (other than those which may arise from this Agreement) and will have full right of power and authority to sell the same to BUYER.

BUYER must examine promptly all of the Equipment upon receipt and notify SELLER within seven calendar days after receipt if the equipment is not in good working order or is non-conforming. SELLER, at the SELLER’S option, SHALL either repair or replace the Equipment at SELLER’S expense. Should the cost to replace or repair the Equipment exceed the sales price of the Equipment, SELLER reserves the right to refund the sales price to the BUYER, in which case SELLER shall have no additional liability to BUYER. BUYER’S failure to notify seller as set forth above, shall constitute acceptance of the Equipment in “As Is” condition and waiver of this provision. Nothing in this Agreement or this provision 7 shall be construed to require SELLER to provide remedies with regard to Equipment that was damaged in any way through the negligence or intentional actions of any third party

THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AS TO ANY WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, FITNESS OR CAPACITY FOR ANY PARTICULAR PURPOSE NONINFRINGEMENT, ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADEOR ANY OTHER MATTER.

9. OPTION TO TERMINATE: SELLER reserves the right to terminate this Agreement if A) BUYER does not or is unable to accept delivery of the Equipment or B) BUYER becomes insolvent or is the subject of proceedings under law relating to bankruptcy or C) BUYER fails to perform any term or provision of this Agreement. The right to terminate will be exercised by written notice to BUYER, thereafter SELLER shall have the right to take immediate possession of the EQUIPMENT and to retain all money paid hereunder to the date of such notice as liquidated damages. In this regard, the parties to this agreement agree that this liquidated damages provision is reasonable in light of (1) the anticipated or actual harm caused by the breach, (2) the difficulties of proof of loss, and (3) the inconvenience or non-feasibility of otherwise obtaining an adequate remedy. The parties agree that such liquidated damages provision is not a penalty as defined by California Commercial Code §2718 and provisions relating thereto.

10. ADDITIONAL FEATURES: If the Equipment contains any features not specified in the Agreement, BUYER will allow SELLER, at the option and expense of SELLER, the right to remove such features. The removal will be performed by the manufacturer or the party acceptable to BUYER, upon the request of SELLER, at a time convenient to BUYER, provided that BUYER shall not unreasonably delay the removal of such features.

11. SUBSTITUTION AND EQUIPMENT CHANGES: If in the best interest of SELLER and BUYER, upon written notice by SELLER, SELLER may provide Equipment with different serial numbers than those shown above. The model and specifications on the front hereof may be changed by written consent and agreement between BUYER and SELLER.

12. LIMITATION OF LIABILITY: SELLER SHALL NOT BE LIABLE, TO ANY EXTENT WHATSOEVER, TO ANY PERSON FOR ANY CLAIM, LOSS, DAMAGE OR ANY EXPENSE OF ANY KIND, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SELECTION, USE OR PERFORMANCE OF THE EQUIPMENT, AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SELLER’S FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER.

13. NOTICES: Any notice provided to SELLER for herein shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the front page of this Agreement, or to such other address as other party shall from time to time specify in writing, said notice to be deemed effective upon receipt or three days from the date of deposit in the US mails, whichever occurs first.

14. GENERAL:
A. This constitutes the entire Agreement between SELLER and BUYER with respect to the purchase and sale of the Equipment and no amendment, modification, waiver or representation, or statement not contained herein shall be binding upon SELLER or BUYER as a warranty or otherwise, unless in writing and executed by the part to be bound thereby.

B. The parties agree that jurisdiction for the purpose of all issues of law, fact, or equity arising out of this Agreement or any additions, amendments, or supplements thereto, shall be in the state or federal courts located in the State of California only and venue for the purpose of such proceedings shall be in the County of Orange.

C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns.

D. This Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity performance and enforcement.

E. This Agreement is subject to acceptance by SELLER at its offices in Lake Forest, California and shall only become effective on this date thereof.

F. This Agreement shall not be assigned by BUYER without the prior written consent of SELLER.

G. The foregoing terms and conditions shall prevail notwithstanding any addition of different terms contained in any order submitted by BUYER.

15. SEVERABILITY: If, for any reason whatsoever, any one or more of the provisions of this Agreement shall be held or deemed to be inoperative, unenforceable, or invalid as applied to any particular case or in all cases, such circumstances shall not have the effect of rendering such provisions inoperative, unenforceable, or invalid in any other case or of rendering any of the other provisions of this Agreement inoperative, unenforceable, or invalid.

16. ATTORNEY FEES: In any action at law or in equity to enforce or construe any provisions or rights under this Agreement, he unsuccessful party or parties to such litigation, as determined by the courts pursuant to the final judgment or decree, shall pay the successful party or parties all costs, expenses, and attorneys’ fees incurred by such successful party or parties (including without limitation such costs, expenses, and fees on any appeals), and if such successful party, or parties shall recover judgment in any such action or proceeding, such costs, expenses, and attorney’s fees shall be included in as part of such judgment.

17. INTERPRETATION AND PAROL EVIDENCE: This writing is intended by the parties as a final expression of their agreement concerning the matters contained herein, and is also intended as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this contract, the definition contained in the Code shall control.

18. AUTHORITY OF SELLER’S AGENTS: No agent, employee, or representative of SELLER has any authority to bind SELLER to any affirmation, representation, or warranty concerning the goods sold under this contract, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written contract, it has not constituted a part of the basis of this bargain and shall not in any way be enforceable.

19. BINDING ARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS CONTRACT, OR BREACH THEREOF, OR REGARDING THE CONSTRUCTION OR APPLICATION OF THIS CONTRACT, EXCEPT CONTROVERSIES INVOLVING MORE THAN A $100,000 PURCHASE PRICE, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

If a dispute arises under this contract, either party may demand arbitration by filing a written demand with the other party within 90 days after occurrence of the dispute. The parties may agree on one arbitrator. If they cannot agree on one arbitrator, there shall be three: one named in writing by each of the parties within five days after demand for arbitration is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the arbitrator(s) or to furnish the arbitrator(s) within any papers or information demanded, the arbitrator(s) may proceed ex-parte. A hearing on the matter to be arbitrated shall take place before the arbitrator(s) in the City of Lake Forest, County of Orange, State of California, at the time and place selected by the arbitrators. The arbitrator(s) shall select the time and place promptly and shall give each party written notice of the time and place at least 15 days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the arbitrators. The arbitrators shall hear and determine the matter and shall execute acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties. If there is only one arbitrator, his or her decision shall be binding and conclusive on the parties, and if there are three arbitrators, the decision of any two shall be binding and conclusive. The submission of a dispute to the arbitrator(s) and the rendering of a decision by the arbitrator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Court having jurisdiction. If three arbitrators are selected, but no two of the three are able to reach an agreement regarding the determination of the dispute, then the matter shall be decided by three new arbitrators who shall be appointed and shall proceed until a decision is agreed on by two or the three arbitrators selected. The costs of the arbitration shall be borne by the losing party or shall be borne in such proportions as the arbitrator(s) determine(s).

Trademark Disclosures

TRADEMARKS: GST, InternalDR, EntryDR, SafeDR, AutoDR, GrowthDR, ScalableDR, Commander, BridgeLink, SanMatrix, StorMount and Server-Transparent Media Duplication (STMD) are trademarks of GST, Inc. in the United States and other countries. All other trade or service marks mentioned in this web site and other related GST sites should be considered the property of their respective owners.

IBM COPYRIGHT and TRADEMARK INFORMATION: All copyright, trademarks and servicemarks listed within the following url, http://www.ibm.com/legal/copytrade.shtml, should be considered the property of IBM.