PowerGistics is your solution for laptop, tablet, and mobile charging and convenient storage options. A G.D. Roberts company, we are a fifth-generation, family-owned business with a foundation in industrial design. We create simple products that solve complex problems.
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Terms and Conditions of Demo Program
Acceptance. The following are the Terms and Conditions upon which all end-users (“Consumer”), resellers, and distributors (collectively, “Participant”) must adhere to participate in the demonstration program relating to G.D. Roberts & Co., Inc.’s d/b/a PowerGistics® (“G.D. ROBERTS”) sale of the Powergistics® Tower described below (“Product”).
The program is defined as the demonstration program for a single Powergistics® Tower subject to all the terms and conditions herein and on G.D. ROBERTS’ website from time to time (the “Program”)
Any provision or condition regarding Participant’s participation in the Program which is in any way inconsistent with or in addition to the provisions or conditions of these Terms and Conditions shall be void as to and not binding upon G.D. ROBERTS unless specifically agreed to by G.D. ROBERTS in writing. No contract allowing Consumer to participate in the Program shall be formed until a Sales Order Acknowledgement is issued to a specific Consumer, which shall only be issued if G.D. ROBERTS approves such Consumer participation and approves the Sales Order Acknowledgement form.
UNITED STATES DEMO TRIAL; THE PROGRAM. G.D. ROBERTS is offering the Program to new Consumers in order to allow such Consumers to test a Powergistics® Tower as shown on the website: https://powergistics.com/. G.D. ROBERTS shall from time to time determine which Powergistics® Towers will be available through the Program at a reduced purchase price as stated below. In order to participate in the Program, Consumer must fill out a Demo Request Form at https://powergistics.com or request the form directly from a reseller and submit it online or deliver it to an authorized reseller to request the demo discount of the Product. Once received, the form shall be promptly reviewed by G.D. ROBERTS. G.D. ROBERTS reserves the right to deny any and all Consumers’ request to participate for any reason.
Delivery and RETURN DELIVERY.
From G.D. ROBERTS Distributor to Consumer:
Within the United Kingdom and United States. G.D. ROBERTS agrees to pay for all standard shipping charges, premiums for freight insurance, and other transportation costs within the United Kingdom. The estimated shipping date will be as set forth in Reseller’s Sales Order Acknowledgement.
Outside of the United Kingdom and United States. G.D. ROBERTS will make available for pick-up all Program Product by G.D. ROBERTS’ chosen carrier at G.D. ROBERTS’ office. Shipping costs shall be paid for by Consumer, and all liability and risk of loss to the Product shall pass to Consumer upon receipt by carrier. Unless otherwise agreed in writing, Consumer will be responsible for all shipping charges, premiums for freight insurance, tariff, import and export fees, and other transportation costs. Claims against a carrier for loss or damage caused during shipment must be made by Consumer. The estimated shipping date will be as set forth in the Sales Order Acknowledgement. Consumer shall pay for all Product damaged or lost during shipping and thereafter.
Returns From Consumer to G.D. ROBERTS:
Consumer shall be responsible for all title, liability, damage, and risk of loss of the Products and shall use either UPS, DHL, FedEx, or Redhead to return the Product to G.D. ROBERTS or G.D. ROBERTS’ DISTRIBUTOR. Consumer shall use the original packaging and place stickers stating “fragile” on the outside of the package. Consumer will be responsible for all shipping charges, premiums for freight insurance, export/import fees, tariff charges, and other transportation costs. Claims against a carrier for damage caused during shipment must be made by Consumer.
PURCHASE AND Payment. As part of the Program, Consumer may purchase the Product at a 50% discount from the manufacturer suggested retail price (“MSRP”) during the Program under the terms herein (“Demo Price”). Along with the Purchase of a Product (Tower) Purchasers may also purchase a TechHub6 at 50% of the MSRP. Any purchases made by Consumer are “Orders”. Payment must be made directly to the authorized reseller that issued the invoice within 30 days from the date of that invoice. Late payments are subject to a 1.5% per month late charge. G.D. ROBERTS may, at its discretion, require an up-front payment, entire or partial.
UNITED KINGDOM DEMO RETURN. If Consumer does not wish to purchase the Product after the Program ends, the Consumer has 30 days beginning on the first day after the Program ends to return the Product to G.D. ROBERTS or G.D. ROBERTS’ DISTRIBUTION PARTNER pursuant to Section 3(b) and provide proof of such return to G.D. ROBERTS pursuant to these terms and conditions. If Consumer fails to return the Product within 30 days after the Program ends, the Consumer will be charged the Demo Price of the Product.
UNITED STATES DEMO RETURN. ALL DEMO SALES FINAL. If Consumer wishes to return the Product based on warranty claim, the Consumer has 30 days beginning on the first day after a claim is made to G.D. ROBERTS or G.D. ROBERTS’ DISTRIBUTION PARTNER pursuant to Section 3(b) and provide proof of such return to G.D. ROBERTS pursuant to these terms and conditions. If Consumer fails to return the Product within 30 days after the claim, the Consumer will be charged the Demo Price of the Product.
CANCELLATIONS. In the event Consumer cancels Consumer’s Order in whole or in part, or such Order is canceled by G.D. ROBERTS because of default by Consumer, then Consumer shall pay G.D. ROBERTS by reason of such cancellation or default for all damages sustained, including completed units, shipped or unshipped, at the current price applicable to the total quantity completed or uncompleted at time of default. G.D. ROBERTS may charge Consumer a restocking fee of up to 20% of the original Order price for cancellations.
CHANGES. No changes may be made to the Order without G.D. ROBERTS’ written consent.
LIMITED WARRANTY. No warranty is provided except as stated below, and, except as stated below, all warranties are expressly disclaimed by G.D. Roberts regarding all products/Product sold by G.D. Roberts. For warranty purposes, any product purchased from
G.D. Roberts is referred to herein as the Product. As a condition to receiving this warranty, Consumer shall be required to register their Product at https://powergistics.co.uk/product-registration/. Provided Consumer registers its Product and is located outside of North America, G.D. ROBERTS warrants that the Product hardware will be free from Defect (defined below) in material and workmanship for the lifetime of the Product and that the Power Strip (defined below) will be free from Defect in material and workmanship for one (1) year. This limited warranty shall not apply to any Product or part thereof that is defective, or unworkable due to abuse, mishandling, misuse, accident, alteration, negligence or improper installation by Participant. Participant’s sole remedy for a defective Product or breach of warranty shall be limited to the replacement or repair of a Product part, at the discretion of
G.D. ROBERTS, of any Product found by G.D. ROBERTS to be defective and covered by the warranty set forth in this Section 8 and not to exceed the purchase price for the Order. This warranty does not include the cost of labor to repair any defective Product. The lifetime of the Product shall be ten years. “Defect” shall mean any characteristic of the Product which hinders its usability for the purpose for which it was designed and manufactured, except Defect does not include obsolescence and normal wear and tear. “Power Strip” shall mean the portion of the Product that contains the power-cable and provides electricity to the Product.
THE WARRANTY SET FORTH IN THIS SECTION 8 IS EXCLUSIVE AND IN SUBSTITUTION FOR, AND G.D. ROBERTS HEREBY DISCLAIMS, ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OTHER PERSON, FIRM OR CORPORATION IS AUTHORIZED TO ASSUME FOR G.D. ROBERTS ANY OTHER LIABILITY IN CONNECTION WITH THIS SALE.
TAXES. In the event any sales tax, manufacturer’s tax, or other tax is applicable to any shipment made on Consumer’s Order, such tax shall be added to the selling price and shall be paid by Consumer.
Limitation of Liability. In no event shall G.D. ROBERTS be liable (to any party) for indirect, incidental, consequential, special, or punitive damages of any kind or nature arising out of or relating to these Terms and Conditions or connected with or resulting from the manufacture, sale, delivery, resale, repair, replacement, or use of any Product or other goods sold to Participant or the furnishing of any service or part thereof, whether such liability is based on contract, tort, negligence, strict liability or otherwise, even if such party had been warned of the possibility of such damages.
The cumulative liability, if any, of G.D. ROBERTS for direct damages arising under any provision of these Terms and Conditions or any contract formed pursuant hereto and under any theory of liability with respect to the Product is limited to an amount not to exceed the price paid by Participant for the particular Product giving rise to the liability. The right to recover damages within the limitations specified in this Section 10 is Participant’s exclusive alternative remedy in the event any other contractual remedy fails in its essential purpose.
FORCE MAJEURE. G.D. ROBERTS will not be in default with respect to these Terms and Conditions or any contract formed pursuant hereto because of any failure or delay if the failure or delay is due to any occurrence beyond its reasonable control, including acts of God, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, civil commotion, war or war-like operation, acts of terrorism, invasion, military or usurped power, sabotage, and severe weather condition.
INDEMNIFICATION. Participant hereby specifically agrees to hold G.D. ROBERTS harmless and indemnify G.D. ROBERTS against any and all claims for damages or profits, and for all costs and attorney’s fees incurred by G.D. ROBERTS resulting from any suit or suits arising from any Product claims or alleged infringement of patents, designs, copyrights or trade-names made as a result of Participant’s alteration of the Product with respect to all goods manufactured either in whole or part to Participant’s specifications.
ASSIGNMENT. Participant shall not assign in whole or in part any of its rights and obligations with respect to these Terms and Conditions or any contract formed pursuant hereto without the express written consent of G.D. ROBERTS.
Attorneys’ Fees. If G.D. ROBERTS retains legal counsel to enforce any of these Terms and Conditions or to recover damages from Participant arising from Participant’s breach of these Terms and Conditions, then Participant shall pay G.D. ROBERTS’ reasonable attorneys’ fees together with cost of suit at both trial and appellate levels.
Applicable Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to its conflict of laws principles or rules of construction concerning the draftsman hereof. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterward, between the parties hereto, their assignees, affiliates, attorneys, or agents, shall be litigated solely in state court in Dane County, Wisconsin or the United States District Court for the Western District of Wisconsin. Each Party (1) submits to the jurisdiction of such court, and (2) waives the defense of an inconvenient forum. The application of the U.N. Convention on Contracts for the International Sale of Goods (CISG) is hereby expressly excluded.