36
Legal
Notices
Product; all products or parts replaced shall become GSC’s property. In the course of warranty
service, GSC may, but shall not be required to, make engineering improvements to the Warranted
Product. If GSC reasonably determines that a repair or replacement is covered by the warranty,
GSC shall bear the costs of shipping the repaired or replaced product to User. All other shipping
costs shall be paid by User. Risk of loss or damage during shipments under this warranty shall be
borne by the party shipping the product. Products shipped by User under this warranty shall be
packaged in the original shipping container or equivalent packaging to protect the product. If
User ships a product to GSC in unsuitable packaging, any physical damage present in the Product
on receipt by GSC (and not previously reported) will be presumed to have occurred in transit and
will be the responsibility of User. This warranty does not extend to any Warranted Product that
has been subject to misuse, neglect, or accident; that has been damaged by external causes such as
failure of or faulty electrical power; use in violation of GSC’s instructions; nonstandard accessory
attachment; on which the serial number has been removed or made illegible; modification by
anyone other than GSC; disassembly, service, or reassembly by anyone other than GSC, unless
authorized by GSC. GSC shall have no obligation to make repairs, replacements, or corrections
which result, in whole or in part, from normal wear and tear. GSC makes no warranty (a) with
respect to any products that are not Warranted Products, (b) with respect to any products
purchased from a person other than GSC or a GSC-authorized distributor or (c) with respect to
any product sold under a brand name other than GSC. This warranty is void if the User resells
the Zmachine to a third party.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR GSC’S
PRODUCTS, EXTENDS ONLY TO THE USER THAT HAS PURCHASED THE
ZMACHINE FROM GSC OR AN AUTHORIZED DEALER, AND IS EXPRESSLY IN
LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING
WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. GSC’S MAXIMUM LIABILITY ARISING
OUT OF THE SALE OF THE PRODUCTS OR THEIR USE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE
ACTUAL PAYMENTS RECEIVED BY GSC IN CONNECTION THEREWITH. GSC
SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
LOSS, DAMAGE OR EXPENSE (INCLUDING WITHOUT LIMITATION LOST
PROFITS) DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, INABILITY TO
SELL, USE OR LOSS OF USE OF ANY PRODUCT. EXCEPT AS SET FORTH
HEREIN, ALL PRODUCTS ARE SUPPLIED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED.
All notices and other communications required by this Agreement shall be in writing and shall be
delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by
Express Mail or by certified or registered mail, return receipt requested, with postage and charges
prepaid. The Parties agree that every dispute or difference between them arising under this
Agreement, including a failure to reach a decision as described in this Agreement, shall be settled
first by a meeting of the parties attempting to confer and resolve the dispute in a good faith
manner. This Agreement shall be governed in accordance with the laws of the State of Ohio and
each party: (a) consents to the exclusive jurisdiction and venue of the federal and state courts
located in Ohio; (b) waives any objection it might have to jurisdiction or venue of such forums or
that the forum is inconvenient; and (c) agrees not to bring any such action in any other
jurisdiction or venue to which either party might be entitled by domicile or otherwise. No waiver
by any party of any breach of the terms and conditions of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other terms or conditions of this Agreement. This
Agreement shall be binding upon and it shall inure to the benefit of the parties hereto and their
