Terms and Conditions
Glaspour Terms and Conditions of Sale
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, FOR WHICH ANY AND ALL PURCHASES AND ORDERS PLACED ARE SUBJECT TO:
1. All products follow warranty information provided by the manufacturer.
2. Customers providing UPC/Wine or other Databases and Data Tables to manufacturers acknowledge that the respective manufacturer will merge data into the manufacturer’s global database and this database may be used worldwide by manufacturer.
3. Any products tested by the manufacturer to meet UL Safety Requirements and has successfully passed any UL Sanitary testing. However, customers must verify that the installation of WineStation at their location meets all of their local fire, electrical, health department, liquor, and zoning laws. Failure to pass inspection or obtain proper licenses does not constitute a right of cancellation nor return.
4. Any software product from a manufacturer is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Glaspour is not responsible for any intellectual property from a manufacturer, and the respective manufacturer owns any intellectual property rights in the software product. Any software being quoted/offered and accompanying documentation is licensed and not sold, unless otherwise stated. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of the respective manufacturer’s End User License Agreement (“Agreement”).
5. Glaspour is required by law to collect sales tax from all customers in the state of Ohio. All sales outside of Ohio are subject to local sales/use tax regulations. It is the customer’s responsibility to report purchases made from Glaspour to their local tax agency and follow their state’s sales/use tax requirements. From time to time, Glaspour does report sales information to state tax agencies, if applicable.
6. Cancellations and Returns: A cancellation fee of 20% of the total amount of the customer invoice and the applicable cancellation fee and any restocking fees charged by the manufacturer (the percentage of which is different from one manufacturer to the next) shall be deducted by Glaspour, and the difference of the total amount invoiced to Customer’s invoice shall be refunded to Customer only upon the manufacturer refund being received by Glaspour. Furthermore, returns are prohibited for any product(s) once installed.
7. Receipt by Glaspour of any full payment or partial installment payment from Customer for the products and services listed in the invoice shall constitute an agreement with Customer to all terms and conditions outlined in these terms and conditions, including any prospective refunds.
8. New customer email addresses will be added to the Glaspour monthly newsletter, which can be opted out at any time.
U.S. Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE:
1. These terms and conditions (“Agreement”) apply to your purchase of any manufacturer’s product and or license from Glaspour, including any and all respective software and/or related products and/or services and support sold in the United States (“Product”) by the Glaspour entity named on the invoice or acknowledgment (“Glaspour LLC”) provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Glaspour immediately and return your purchase pursuant to Glaspour’s Return Policy.
2. If returned/canceled, Product(s) must remain in the boxes in which they were shipped.
3. THIS AGREEMENT SHALL APPLY UNLESS CUSTOMER HAS A SEPARATE PURCHASE AGREEMENT WITH GLASPOUR LLC THAT HAVE DIFFERING TERMS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER MANUFACTURER’S TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
4. Other Documents: This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Glaspour. If you do not receive an invoice or acknowledgment in the mail or via e-mail, or with your product, information about your purchase may be obtained by contacting your sales representative.
5. Payment Terms, Orders, Quotes, Interest: Payment terms are within Glaspour LLC’s sole discretion, and, unless otherwise agreed to by Glaspour or one of its manufacturers, payment must be made at the time of purchase. Payment for products may be made by check or some other prearranged payment method permitted by Glaspour. Glaspour may invoice parts of an order separately. Your order is subject to cancellation by Glaspour or one of its manufacturers, at either party’s sole discretion. Unless you and Glaspour have agreed to a different discount in writing, Glaspour’s standard pricing policy for any manufacturer’s branded systems, which include both hardware and software in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Glaspour is not responsible for pricing, typographical, or other errors, in any offer by Glaspour and reserves the right to cancel any orders resulting from such errors.
6. Shipping Charges, Taxes, Title, Risk of Loss: Shipping and handling are additional unless otherwise expressly indicated in writing at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Glaspour or one of its manufacturers is Glaspour’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Glaspour within 10 days of the date of your invoice or acknowledgment if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Glaspour with a valid and correct tax exemption certificate applicable to your purchase of product and the product’s ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s). Shipping is FOB per each respective manufacturer.
7. Warranties: THE LIMITED WARRANTIES APPLICABLE TO ANY MANUFACTURER BRANDED HARDWARE PRODUCT CAN BE FOUND IN ITS PRODUCT MANUAL AND/OR THE MANUFACTURER’S WEBSITE.
8. Software: Any manufacturer retains sole ownership of its software package and provides you a limited use license that may be renewed annually. That manufacturer reserves the right at its sole discretion to refrain from providing hardware or software service and support or offer accessories for sales and if need be disable the software in person or log in from a remote site if the software license is out of compliance.
9. Database Information: All information obtained using any software by any respective manufacturer will be the property of that manufacturer and provided to the manufacturer without restrictions. The manufacturer reserves the right to permanently access (on-site or remotely), download and utilize at its sole discretion without any limitations or liability (financial or any other form) all information obtained and contained in the software’s database. Resale of any information attained through the use of any software by any manufacturer by the customer without written approval by that respective manufacturer is strictly prohibited.
10. Return Policies: You must contact us directly before you attempt to return any product to obtain a Return Material Authorization Number for you to include with your return. You must return product(s) to Glaspour in the original or equivalent packaging. You are responsible for the risk of loss, shipping and handling fees for returning or exchanging any product. Additional fees to be deducted from any prospective refund may apply for shipping and related fees that Glaspour may incur to return the returned product back to manufacturer. If you fail to follow the return or exchange instructions and policies provided by Glaspour or the Manufacturer, Glaspour or the manufacturer is not responsible whatsoever for any product that is lost, damaged, modified or otherwise processed for disposal or resale. At Glaspour’s, or the manufacturer’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Customers will not be refunded any merchant fees or other transaction costs associated with purchases made by credit card (or debit card) or other financial instruments.
11. Customers are hereby advised that in cases for which the return request is made due to a lack of approval from the local jurisdiction or governing body a refund will not be provided. Customers are advised to have all permitting activities completed prior to shipment.
12. Changed or Discontinued Product and/or Parts: Glaspour’s policy is one of ongoing update and revision. Glaspour, or a manufacturer, may revise and discontinue any product at any time without notice to you. Glaspour or the manufacturer will ship any products that have the functionality and performance of the product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing any products may be new, equivalent-to-new, or reconditioned.
13. Service and Support: Service offerings may vary from product to product. If you purchase optional services and support from Glaspour or one of its manufacturers, Glaspour or the respective manufacturer will provide such service and support to you in the United States in accordance with the terms and conditions located in the documentation provided with a product. Glaspour, the manufacturer, and/or its designated third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Glaspour has no obligation to provide service or support until Glaspour has received full payment for the product or service/support contract you have purchased.
14. United States customers Warranty: Glaspour’s manufacturer’s products, are covered based upon the listed manufacturer’s warranty. Warranty support is bound by the agreements listed by the manufacture and no responsibility is held by Glaspour.
15. Applicable Law Not For Resale or Export: You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own internal use only, and not for resale or export.
16. Governing Law: THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND GLASPOUR LLC arising from or relating to this agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, Glaspour’s advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
17. Headings: The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
18. Legal Disputes: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND GLASPOUR LLC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Glaspour”) arising from or relating to the Invoice or other written purchase agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this transaction (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Invoice or other purchase agreement), Glaspour’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY UNDER JURISDICTION OF THE APPLICABLE COURTS OF THE STATE OF OHIO. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of the Invoice or other written purchase agreement (or any written Addendum thereof), each party shall pay its own attorney fees and legal fees. In the event that any one or more of the provisions contained in an Invoice or other purchase agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision and the Invoice or other purchase agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein.