Diebold
About Us Products & Services Industries Support News Room Investors Diebold Direct Careers Contact
 
Legal Notices
 

Copyright? Diebold, Incorporated, 1994-2010. All rights reserved. 
Diebold reserves all copyright rights in the original works of authorship included in this Web site.  You may display, reproduce and use these works only for personal, non-commercial purposes.  Any other reproduction, distribution, display, performance, modification or use of these works is prohibited, unless expressly authorized in writing by Diebold.

Trademarks .
The marks presented on this Web site are the property of Diebold, its affiliates or subsidiaries, unless otherwise indicated.

Disclaimer.
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 this Web site.

Terms and Conditions.
These Terms and Conditions apply to any sales that are requested in any manner by a Customer purchasing from Diebold Direct. 

Sales. 
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. 

Warranty. 
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. 
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.

Taxes. 
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.

Entire Agreement. 
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. 

Governing Law.
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.