GTS Terms & Conditions of Service

1.             PRICE:  There shall be added to the prices shown, the amount of any sales, use or other taxes however designated, levied or based on such prices or on this Agreement or the sale or use of the service provided and parts sold hereunder [hereafter referenced as the “Service Repair”], including state and local privilege or excise taxes based on gross revenue and any taxes or amounts in lieu thereof paid or payable by Seller in respect of the foregoing, exclusive however of taxes based on new income.  Any personal property taxes assessable on the property from the date of acceptance of this Agreement shall be borne by the Customer.

2.             RISK OF LOSS:  All risk of loss and destruction of or damage to the property by reason of theft, fire, water or any other cause shall pass to Customer upon delivery of the to the Customer, and the occurrence of any such casualty shall not relieve the Customer from making payment of the balance of the purchase of products or services.

3.             DISCLAIMER AND LIMITATIONS OF LIABILITY:

                A.            Sellers liability to the customer for any loss, damage or expense of any kind, resulting from, but not necessarily limited to the Service Repair, or by any defect therein.  There use, maintenance thereof, any servicing, or adjustments thereto, response time, repair time, repeated machine malfunction, negligence, or any other cause whatsoever, regardless of the form of action, whether in tort or in contract, shall be limited to the actual charge listed on the face of this agreement without interest.

                B.             Sellers will in no event be liable for lost profits or other consequential damages even if seller or its representatives have been advised of the possibility of such damages or for any claim against the customer by any other party.

                C.             Seller will in no event be liable for any loss, damage, or expense of any kind resulting from seller or any of its employees, representatives, independent contractors, or sales persons rendering technical or other advise or representation in connection with the performance of any computer hardware, computer software or any combinations thereof unless it is specifically contained in this agreement. 

                D.            No action, regardless of form, arising out of this agreement may be brought by either party more than one [1] year after the cause of action has arisen.

4.             INDEMNITY:  Customer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, proceedings, expenses, damages, or liabilities including attorney’s fees, arising in connection with the Product, including, without limitation, its manufacture, selection, purchase, delivery, possession, use, operation, or return and the recover of claims under insurance policies thereon.

5.             REMEDIES UPON DEFAULT:  Failure of Customer to perform its obligation hereunder including, without limitation payment in full of the purchase price for the Product and Services or the insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution, liquidation, or winding up of the business of Customer shall constitute a default under this Agreement, and shall afford to Seller the right to immediately recover charged fees for the Service Repair without notice by the Customer in addition to all the remedies of a secured party as agreed by both parties.  In the event of Default the Seller is entitled to recover full payment plus interest in the amount of 25% APR for outstanding balance.

6.             GOVERNING LAW:  This Agreement will be governed by the laws of the State of Georgia, any action brought pursuant to this agreement shall be brought in Cobb County, Georgia.

7.             PLACE OF PAYMENT:  All payments to be made by Customer to Seller under the terms of this contract are to be made at the Seller’s place of business as set forth on the face of this document, or such other place as the Seller shall direct.

8.             ATTORNEY’S FEES:  In the event it becomes necessary for Seller to enforce the terms and conditions of this Agreement, including Seller’s disclaimers and limitations of liability, Seller shall be entitled to recover all of its costs including reasonable attorney’s fees in all manner of collection and in trial and appellate levels.

9.             INABILITY TO PERFORM:  Seller shall not be required to perform its obligations under this Agreement, or be liable for its failure to perform, if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of Product, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of Seller.

10.           LIQUIDATED DAMAGES:  All payments and deposits made by customer as set forth in this agreement are non-refundable and shall constitute liquidated damages in the event of a customer’s default, since the amount of damages is incapable of being ascertained.

11.           VALIDITY OF AGREEMENT:  If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

12.           CUSTOMER:  Understands and agrees that neither Seller nor any of its salespersons or employees are agents for any finance company utilized by the Customer in the purchase or lease of the property listed on the face hereof.

13.           AGREEMENT:  This Agreement contains the entire Agreement between the parties hereto with respect to services performed and products purchased.   No promise, representation, warranty or covenant not included in either Agreement has been or is relied on by either party.  Each party has relied on it's own examination of this Agreement and the provisions hereof and the counsel of its own advisors.