Last update: 28/02/2019

ACCEPTANCE OF TERMS THROUGH USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“SITE”) OR ANY OF OUR PRODUCTS (“GOODS”). YOUR USE OF THIS SITE OR GOODS INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE OR OUR GOODS.

Please note that Geobit PC reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of the Site or Goods  following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, Geobit PC reserves the right to seek all remedies available in law and equity for such violations.

I. Definitions

In this document, the following words shall have the following meanings:

1. “Buyer” means the organization or person who buys Goods.
2. “Goods” means the instruments or equipment to be supplied to the Buyer by the Seller.
3. “Services” means the services to be supplied to the Buyer by the Seller.
4. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how, and all other forms of intellectual property wherever in the world enforceable.
5. “Seller” means GEObit PC, 13 Agion Saranta str, Patra, Greece, 26222.

II. General

1. These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

III. Price and Payment

1. The price shall be the Recommended Retail Price. Possible agreed discount must be agreed in writing between the parties and be declared in the budgetary quotation or any commercial invoice. The price is exclusive of VAT or any other applicable costs.
2. The price is exclusive of transportation costs and any possible customs fees.
3. The buyer shall pay 50% of the price of the order during ordering goods. Goods orders will be valid after the 50% payment (wire transfer to Seller’s bank account, as will be stated at the seller’s budgetary quotation).
4. Price of the services must be agreed between seller and buyer. Price as well as term and conditions must be declared at the service contract which will be signed between both parties or the signed acceptance of the budgetary quotation.
5. Delivery time must be provided by the seller and agreed by the buyer. Instruments or equipment may or may not be in stock, therefore working time will be required for the seller to make the order.

IV. Description

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

V. Sample

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.

VI. Delivery

1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date agreed by the Buyer and the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
2. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
3. Any damages, shortages, over deliveries, and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.

VII. Disclaimer

1. The Customer acknowledges and agrees that: 1.1 the Goods constitute sensitive scientific equipment intended for use in monitoring seismic activity or any other type of human-induced or natural vibrations; 1.2 the Goods are not a forecasting tool and cannot predict future seismic activity or any structure damage; and 1.3 their effective performance depends on installation, location, maintenance, and other environmental and technical requirements as specified in the Specification and this Agreement.
2. Due to the inherent nature of communications systems, where the Goods include or their operation relies on the use of communications systems (such as mobile or satellite bandwidth), GEObit-instrument shall not be liable to the Customer or any third parties for any claims or damages arising out of or in connection with any failure or delay of or inability to access such communications systems nor for any loss or corruption of data.
3. Accordingly, the Customer should not rely on the Goods to provide a warning or to provide fail-safe performance, particularly where the failure of the Goods to predict or track all earthquakes or tremors could lead directly to death, personal injury, or severe physical or environmental damage. GEObit shall not be liable to the Buyer or any third parties for any claims or damages to the extent such claims or damages arise from such use or reliance.

VIII. Warranty

1. Seller warrants that (subject to the other provisions of these Conditions) upon delivery, and during the Warranty Period, the Goods will: 1.1 be free from material defects in design, materials, and workmanship; 1.2 be of satisfactory quality; and 1.3 conform in all material respects with their description in the Specification.
2. Seller shall not be liable under the Warranty unless: 2.1 the buyer follows the warranty claim process set out in the Warranty and Repairs Policy; 2.2 the Buyer notifies Seller of the fault or defect as soon as reasonably possible following the buyer first becoming aware of the fault or defect; 2.2 the buyer provides to seller reasonable support and, as requested by seller, data from and/or access to the Goods in situ and other relevant information to enable it to assess and investigate the issue; 2.3 The Buyer (if asked to do so by Seller) returns the Goods to Seller’s base at the Buyer’s expense to enable Seller to undertake an examination of the Goods; and 2.4 Seller has had a reasonable opportunity after receiving notice of the issue to examine such Goods or the data from such Goods (as appropriate). 2.5 Seller shall not be liable under the warranty set out in Condition VIII.1: 2.6 if the Buyer makes any further use of such Goods after notifying Seller of a fault or defect under Condition VII.2 unless otherwise agreed between Seller and the buyer; 2.7 if the defect arises because the buyer failed to follow any instructions from Seller (written or otherwise) as to the storage, installation, use, or maintenance of such Goods or (if none were given) failed to comply with good trade practice; 2.8 if the buyer or any third party opens, alters or repairs such Goods without the written consent of Seller; 2.9 if a defect arises from Seller following any design, drawing, diagram, specification or other technical instruction provided by the buyer; 2.10 if the defect arises through the wilful damage by or negligence of the buyer, its employees, agents or contractors; 2.11 in respect of fair wear and tear; 2.12 in respect of damage caused by vehicles, mechanical equipment and/or fishing and other vessels; or 2.13 in respect of damage caused by the operating environment within which the Goods are used or by acts of god or nature (including lightning strikes, volcanic eruption and earthquake). 2.14 If any of the Goods do not conform with any of the warranties in Condition VIII, Seller shall, at its option, repair or replace such Goods (or the defective part) in accordance with the Warranty and Repairs Policy provided that, if Seller so requests, the Buyer shall return the Goods or such of the Goods as are defective to Seller. 2.15 If Seller complies with the Warranty and Repair Policy it shall have no further liability for a breach of any of the warranties in Condition VIII and the buyer shall have no further remedy. 2.16 This Condition VIII will continue to apply to repaired or replacement Goods for the remainder of the Warranty Period that applied to the Goods originally supplied by Seller.

IX. Risk

Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

X. Limitation of Liability

1. The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the instruments’ acquisition price.
2. Except for warranties specifically set forth herein, there shall be no other warranties, whether expressed, implied, or statutory, including implied warranties of merchantability or fitness. In addition, it is expressly agreed by the customer, in purchasing the goods, that the liability of GEObit PC, if any, shall be limited solely to the replacement and repair of the goods in accordance with the warranties specifically and expressly set forth herein, and GEObit PC shall not be liable for loss of use of the equipment or for other incidental or consequential costs, expenses, or damages incurred by the customer or end-user.

XI. Intellectual Property Rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

XII. Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

XIII. Relationship of Parties

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties, and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

XIV. Assignment and Sub-contracting

The contract between the Buyer and Seller for the sale of Goods and supply of services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

XV. Waiver

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

XVI. Severability

If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal, or unenforceable provision eliminated.

XVII. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Greece, and the parties hereby submit to the exclusive jurisdiction of the Greek courts.

TITLE AND OWNERSHIP

All right, title, and interest in and to the Site and to the content and other information and materials available on this Site, including software, (collectively the “Materials”), are proprietary to Geobit PC and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by Geobit PC and its suppliers.

LIMITED LICENSE TO USE SITE

The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Geobit PC in writing or as allowed by any license terms which accompany or are provided with individual Materials. If you are a commercial user of Geobit PC products (goods), you may print out and use a reasonable number of copies of Materials related to those specific Geobit PC products (goods) solely in connection with your authorized use of such products (goods). This is a license, not a transfer of title, and is subject to the following restrictions: you may not modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; remove any copyright or other proprietary notices from the Materials; transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

TERMINATION OF THIS LICENSE

If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.

PRODUCTS AND SERVICES

Geobit PC’s obligations with respect to its products and services are governed solely by the terms and conditions of sale and agreements under which they are provided.

PASSWORD-PROTECTED AREAS AND ACCESS

Certain services available through this Site may be accessed from password-protected areas only. Access to and use of any such service from a password-protected area is restricted to authorized users only who have met the qualifications required by Geobit PC, in its sole discretion, for use thereof.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

Although Geobit PC has attempted to provide accurate information on this Site, Geobit PC assumes no responsibility for the accuracy of the information or Materials; nor does Geobit PC warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Geobit PC may change the Materials or products mentioned at any time without notice. Mention of non-Geobit PC products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GEOBIT PC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY GEOBIT PC PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GEOBIT PC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

USER COMMUNICATIONS / CHAT ROOMS, BLOGS, AND OTHER USER FORUMS

This Site may include bulletin board services, blogs, chat areas, forums, communities, personal web pages, and other message or communications facilities designed to enable you to communicate with Geobit PC (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by Geobit PC, the general public, or by members of a public or private community (collectively, “User Communications”). PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING, OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT: You are granting Geobit PC, its designees, licensees, and business partners, as well as members of the general public using the Site consent and permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive, perpetual license rights with the right of sublicense to disclose, reproduce, display (publicly or otherwise), perform, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications; Geobit PC shall be free to use any ideas, concepts, know-how, or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

Geobit PC shall have no obligation to monitor the User Communications to the Services. Nor shall Geobit PC have an obligation to remove any User Communications that you have opted to input and share with the Geobit PC community absent its receipt of your written request to do so. However, Geobit PC reserves the right to review materials posted to the Services and to remove any materials in its sole discretion. Geobit PC reserves the right at all times to disclose any information as Geobit PC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in Geobit PC’s sole discretion. Personally identifiable information that you may submit for the purpose of receiving products or services will be handled in accordance with Geobit PC’s online Privacy Policy. Geobit PC does not control or endorse the content, messages or information found in any User Communications and, therefore, Geobit PC specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.

NO MISUSE OF THE SITE

As a condition of your use of the Site, you agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms of Use. You will be responsible for any costs incurred by Geobit PC or any other party (including attorney’s fees) as a result of your misuse of the Site. Misuse use includes, but is not limited to:

• Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images, or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
• Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
• Subscription fraud or unauthorized access;
• Uploading, or otherwise making available, files that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
• Using any information, images or other Materials available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
• Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;
• Violating any code of conduct associated with the Site, or any applicable laws or regulations;
• Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.

INDEMNIFICATION

Upon a request by Geobit PC, you agree to defend, indemnify, and hold harmless Geobit PC and its subsidiaries, affiliates, agents, co-branders, or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Geobit PC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Geobit PC in asserting any available defenses.

REMOVAL OF MATERIALS AND DISCONTINUATION OF SERVICE; TERMINATION OF AUTHORIZATION TO USE SITE

Geobit PC reserves the right to remove Materials or discontinue services available on this Site with or without notice. Geobit PC further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

LINKS TO THIRD PARTY SITES

This Web Site may contain links to third-party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. Geobit PC does not control and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Geobit PC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

LINKING TO THE GEOBIT PC WEB SITE

You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to Geobit PC’s website:

• May link to but not replicate the Geobit PC content (i.e., Materials)
• May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as “This way to Geobit PC” or “Click here for more information on Geobit PC products.”
• Should not create a browser or border environment around Geobit PC content
• Should not imply that Geobit PC is endorsing it or its products
• Should not misrepresent its relationship with Geobit PC
• Should not present false information about Geobit PC products or services
• Should not use the Geobit PC logo or other trademarks without permission from Geobit PC
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

By placing a link on your website to the Site, you agree to promptly remove such link at Geobit PC’s request.

INTERNATIONAL

This Site is administered by Geobit PC from its offices in Agion Saranta 13, 262 22, Patras, Greece, EU. Geobit PC makes no representation that Materials on this site are appropriate or available for use in locations outside EU, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, EU and Greece export laws and regulations. If you choose to access this site from locations outside EU, you do so on your own initiative and are responsible for compliance with applicable local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of Greece, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of Greece; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

GENERAL PROVISIONS

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Geobit PC with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Geobit PC with respect to the use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third-party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Geobit PC. The failure of Geobit PC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.