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included in this Web site. You may display, reproduce and use these
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The marks presented on this Web site are the property of Diebold, its
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This Web site is provided by Diebold as a courtesy to its Customers and the
public. However, the information presented herein, as well as
information which may be accessed from other sources through links included
herein, is subject to change without notice and is not intended to be relied
upon or used for any purpose.
Diebold DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, concerning, relating to or describing the contents of this Web site
and the content of all other sources which you may access through links in
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Terms and Conditions.
These Terms and Conditions apply to any sales that are requested in any manner
by a Customer purchasing from Diebold Direct.
All offers, purchases, acceptance, acknowledgments and sales of Products shall
be governed exclusively by the terms and conditions set forth herein.
Acceptance by Customer of any offer to sell by Diebold is limited to the terms
and conditions herein, and any terms or conditions proposed by Customer which
differ from, are inconsistent with or which are in addition to those stated
herein are objected to by Diebold. No such additional or inconsistent
terms proposed by Customer shall become part of any contract to purchase the
Products. Diebold's acceptance of any offer to purchase Products which
may be presented by Customer is expressly conditioned on Customer's assent to
all the terms and conditions set forth herein, including those terms herein
which may differ from, be inconsistent with or be in addition to Customer's
offer to purchase.
All Products are warranted to be free from defects in materials and
workmanship for thirty (30) days. This warranty is not applicable to
Products that have been subject to damage or misuse. THE WARRANTY SET
FORTH IN THIS PARAGRAPH IS THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO ANY
PRODUCTS AND DIEBOLD, INCORPORATED AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES,
REPRESENTATIONS OR GUARANTEES. ALL OTHER WARRANTIES INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE
ARE HEREBY DISCLAIMED.
Limitation of Liability and Remedies.
The liability of Diebold, its affiliates and suppliers, arising from any
Product or in any way connected with a contract for sale of Products, shall be
limited solely and exclusively at Diebold's option to either: i) repair
or replacement of any Product alleged to be defective, or ii) refund of the
amount paid by Customer for the Product which is alleged to be defective.
A 25 percent restocking fee may apply. Custom Products are
non-refundable and non-returnable.
OTHER THAN DAMAGES WHICH ARISE FROM BODILY INJURY, IN NO
EVENT SHALL DIEBOLD, INCORPORATED OR ITS PARTNERS, AFFILIATES OR SUPPLIERS BE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR
NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO CUSTOMER'S LOST PROFITS OR
FUNDS, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT OR IN TORT,
INCLUDING WITHOUT LIMITATION ANY ALLEGED NEGLIGENCE, FAILURE TO WARN, FAILURE
TO PROVIDE PROPER INSTRUCTION OR STRICT LIABILITY, OR ANY AND ALL CLAIMS WHICH
ARE ALLEGED TO ARISE FROM ANY PRODUCT OR ANY CONTRACT RELATED HERETO, CUSTOMER
SHALL HAVE RECOURSE ONLY FROM DIEBOLD, INCORPORATED NOT FROM ANY PARTNER,
AFFILIATE OR SUBSIDIARY OF DIEBOLD, INCORPORATED.
Delivery of all Products shall be made F.O.B. Diebold, Incorporated. Any
delivery dates indicated by Diebold for the Products are approximate and
Diebold shall not be liable for any delays in delivery. Customer is
responsible for all shipping charges.
All prices for products are exclusive of taxes, such as excise, sales, use or
value added taxes which may be imposed by any taxing authority. If any
such taxes must be paid by Diebold or if Diebold is liable for the collection
of such tax (other than taxes based solely on Diebold's income), the amount
thereof shall be in addition to the amounts at which Diebold offers to sell
the Products herein. Customer agrees to pay all taxes. If Customer
claims exemption from any such taxes, Customer shall provide a certificate
evidencing such exemption and Customer shall defend and hold Diebold harmless
from and against any claim that Diebold must pay or collect such taxes, and
Customer shall pay any interest and penalties and the legal and other costs of
defending any such claim.
The Terms and Conditions set forth herein are the entire agreement between
Customer and Diebold, Incorporated concerning the subject matter hereof and
the Terms and Conditions supercedes all prior proposals and/or agreements,
whether oral or written. No alteration, waiver or modification of any
provision shall be effective unless it is in writing, it expressly indicates
that it modifies the terms and conditions of a particular sale and is signed
by the duly authorized representatives of both Customer and Diebold.
Any sale arising out of this Web site shall be considered to have been entered
into in North Canton, Ohio, U.S.A. Any sales arising out of this Web
site, or anything concerning or relating to this Web site shall be governed by
the laws of the State of Ohio, U.S.A. without regard to any conflicts of laws
provisions thereof. The applicability of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded.