In accordance with the provisions of the regulations, the Company informs the Users that the data provided via the Website will be incorporated into its data files, for which it is the responsible party.
Identity and contact data of the party responsible for processing
The proprietor of this Website is LOGISCENTER, LLC, a Florida Limited Liability Company located at 2320 Ponce de Leon, Coral Gables, FL 33134. Its contact e-mail is [email protected]
Data necessary for certain processing tasks
The site design including names, texts, images, graphs, logos and the organisation as a whole are the intellectual property of logiscenter. This intellectual property may not be reproduced or transmitted for commercial or private reasons without the prior written consent of logiscenter.
Data protection declaration
The provision of data by the Users by means of the registration form or contact form and during browsing of the Website is voluntary, although not providing certain data may result in the impossibility of access to certain services provided by the Company.
The Users are responsible, in all cases, for the truthfulness, accuracy, validity and authenticity of the personal data provided. The Company reserves the right to exclude from the services any Users who have provided false data, without prejudice to any other actions permitted by Law.
This Website is not directed to, nor does Logiscenter knowingly collect personal information from, children under the age of 13. If you have reason to believe that your child or any child under your care has provided us with Information without your consent, please contact us at [email protected] We are not liable for any damages that may result from a visitor’s misrepresentation of age.
THE WEBSITE MAY COLLECT INFORMATION THAT PERSONALLY IDENTIFIES YOU ("PERSONALLY IDENTIFIABLE INFORMATION" AND/OR “PERSONAL INFORMATION”) AS DEFINED IN THE CODE OF FEDERAL REGULATIONS (2 CFR 200.79). "Personal Information" includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) any health information you choose to share with us; and (5) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords, and Personal Information in emails or letters that you send to us. Please note that it is not currently required that you provide any Personal Information when using the Website. The Website will identify you by creating an anonymous identifier associated with your mobile device or home computer.
Information gathered from the Users
In the course of business, it may be necessary for us to collect Personal and Non-Personal Information. This information allows us to identify who an individual is for the purposes of our business, contact the individual in the ordinary course of business and transact with the individual. We require this information in order to verify the identity of our Users, to protect our customers, and to ensure the integrity of the Service.
We will collect Personal Information from you only if you, or an authorized individual, whom you have authorized to share data about you (the “Authorized Agents”) voluntarily submit such information to us. You and/or the Authorized Agent can refuse to supply Personal Information, except that it may prevent you from engaging in certain Website related activities or accessing parts of the Service.
Without limitation, the types of information we may collect are:
- Communications and Workflow. We may collect information about a User’s work habits, activity and communications when the User uses the Website. This includes, without limitation, messages and communications within the platform between Users;
- Contact Information. We may collect information like a User’s email address, telephone, and other information that allows us to contact you and is also considered Personal Information under California Law;
- Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Service;
- Personal Information. We may collect personal details such as your name, location, and other information defined as “Personal Information” that allows us to identify who you are. We may utilize this information in order to adapt our Service to Users’ needs or to develop new tools for the community. We also collect User activity, movement, interactions, decisions, the services they use and how they use them;
- Sensitive Personal Information. We do not intentionally collect sensitive personal information such as a User’s race or ethnicity, your political opinions, religious beliefs, membership in a trade union, physical or mental health condition, sexual orientation, or criminal offenses. If you send us sensitive personal information, we will delete it unless you provide your specific consent to having us include it your account, as it will be processed with the rest of your Personal Information.
- Social Media Information. We may collect twitter, Facebook or other social media Usernames if you connect to these social networks through the Website;
- Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes
- User Activity. We collect personalized data on user activity in our virtual reality training programs including, without limitation, your movements, interactions, decisions, and the services you use and how you use them.
Purposes and legal bases of processing
LOGISCENTER wishes to ensure the lawful processing of all the data received from Users, and to do so it has to support the processing of User data on a sufficient legal basis. Below we explain for what purposes the Company processes the data and what is the legal basis supporting each one of them:
- LOGISCENTER uses User data to provide its services, for example in order to deliver the products selected and purchased by the User. This data processing is necessary for the Company to be able to provide its services and fulfil the agreement between the Company and the Users who have contracted LOGISCENTER’s services. If the User were not to provide some of these data, the Company would be unable to provide one or more of its Services.
- LOGISCENTER may also use the data to process, manage and respond to queries, requests, suggestions or complaints from Users. The Company believes that it has a legitimate interest in carrying out the said data processing since this enables it to improve its services and the Users’ experience. In addition, in the case of Users’ requests, this processing may be necessary to be able to carry out actions requested by the User.
- The Company may use the Users’ data to contact them and inform them of the latest news on the products and services provided by the Company. These communications will be made solely and exclusively after receiving the User’s consent, unless the User in question is a LOGISCENTER customer or another prior contractual relationship exists between the User and the Company, in which case LOGISCENTER believes that it has a legitimate interest in carrying out the said data processing in relation with products or services similar to those which were initially the object of contracting with the User in question. In all cases, LOGISCENTER will offer the possibility of opting out from further communications and/or of opposing the processing of Users’ data for promotional purposes by means of a simple and cost-free procedure in each one of the commercial communications it may send to the Users.
- LOGISCENTER may process the banking data or credit card information of its customers in order to manage collection of payment for the services provided. The legal basis of this processing will be the performance of the contractual relationship which binds LOGISCENTER with its customers
- On the basis of its legitimate interest, LOGISCENTER may also use the data gathered to carry out studies to improve the service and the products offered to the Users.
The Company reserves without prejudice to any other potential legal actions, the right not to cease providing services to any User who provides false or incomplete data. This does not imply, under any circumstances, the assumption by the Company of any liability whatsoever for any damages which may derive from the falsehood or inaccuracy of the data provided or from inappropriate contents, for which the User will be solely liable
Disclosure of data and international transfers
The personal data gathered via the Website may be assigned to third-party companies which help the Company to provide the payment platform services to the Users. LOGISCENTER employs these third-party companies to execute and process the payments made by the Users in relation with the service provided. Some of these companies are, for example, those which compile information on the Users’ credit or debit cards (such as the type of card and its expiration date), in addition to other financial information necessary for processing payments.
The Users’ personal data may also be accessed by the Company’s authorized personnel and other third parties or collaborators who provide services to the Company, for the purpose of managing the provision of the services and the contractual and/or precontractual relationship with the Users. When we engage another company or service provider, we may provide them with information including Personal Information, so they can perform their designated functions. They are not permitted to use your Personal Information for other purposes.
To process the personal data, the Company may use the services of processors and subprocessors which may host some of your data outside of the United States of America.
There are a few circumstances where we must disclose an individual’s information:
- Where we reasonably believe that an individual may be engaged in fraudulent, deceptive, or unlawful activity that a governmental authority should know about, or to enforce our Terms and Conditions and investigate potential violations of the Terms and Conditions;
- In response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
- To protect our rights, property, or personal safety or those of another User or any member of the public;
- As required by any law;
- In the event we sell our business and may need to transfer Personal Information to a new owner; or
- In special cases, such as in response to a physical threat to you or others.
The Company stores the User’s Personal Information to the extent that it is needed to be used for the purpose for which it was gathered, and according to the legal basis for its processing. The Company will maintain the User’s personal data as long as a contractual and/or commercial relationship exists with the User and as long as the User does not exercise the rights of opposition to the processing of the personal data and/or deletion of the personal data. In these cases, the Company archive a copy of the data, with no use permitted, and only for the time necessary for the Company to defend or attend to any claims or any type of juridical, legal or contractual liability may arise out of the processing of this data and for which it is necessary to store a copy of such data.
At any moment, and/or whenever considered appropriate, the Users may make use of their rights of Access, Rectification, Erasure, Objection, Portability and the right to be Forgotten by writing to the contact e-mail address we have created for this purpose, [email protected], attaching a copy of the passport or ID of the holder of the data and expressly stating in the subject line the request you wish to make:
- Access: By exercising this right you can know what Personal Information of yours is being processed by the Company, its purpose, the origin or any possible transfer to third parties.
- Rectification: This consist in being able to modify any of your Personal Information which is inaccurate or incomplete: you must specify in the request what information you wish to modify.
- Erasure: Permits the deletion of your Personal Information on the grounds that the Company has handled it in a manner deemed to be inappropriate or excessive.
- Objection: you have the right to object the processing of your Personal Information in certain cases or for a concrete purpose: for example, in the hypothetical case of your data being used for publicity and commercial prospection activities or if the automated processing of your data had the purpose of making a decision in regards to you bases solely on such automated processing.
- Portability: you are entitled to have your Personal Information delivered to you in a structured, commonly used, machine-readable format and to have such data transmitted to another responsible party, provided this is technically possible.
- To be Forgotten: you may request the deletion of your Personal Information without undue delay when one or more of the permitted cases occur: for example, illicit processing of data, or when the purpose which motivated the processing or gathering of the data has ceased to exist.
The Company processes your personal data in a secure manner. In addition, it has implemented appropriate technical and organisational measures, corresponding to the type of data gathered, to guarantee the security of your Personal Information and prevent data destruction, loss or unlawful access or alteration. These measures have been adopted taking into account criteria such as the scope, context and purposes of the processing, the technological state of the art and the existing risks. Please do not disclose your account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.
If you suspect any misuse, loss of, or unauthorized access to your Personal Information, you should let us know immediately at [email protected]
ADDITIONAL INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION
CALIFORNIA PRIVACY ACTS
California Consumer Privacy Act of 2018 (CCPA). You have the right to request, twice a year and free of charge, certain information about parties to whom we have disclosed or sold your personal information in the prior calendar year and a description of the categories of personal information shared. Additionally, upon request, twice a year and free of charge, we shall provide to you any information relating to your personal information and our processing of your personal information in a concise, transparent, intelligible, and easily accessible form using clear and plain language. The information shall be provided in writing or by other means within 45 days of a written request. To make such a request, please send an email to Logiscenter at [email protected] and please include the phrase “Personal Information Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. You can also ask us to erase your personal data stored on our platform. If we receive a request to erase your data, we will ask you if you want your personal information to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose personal information we have erased so if we come into possession of your personal information again at a later date, you may be contacted again by us. Logiscenter has collected, will collect, and has disclosed the personal information described in the categories above during the last year for business purposes; however, Logiscenter does not sell your personal information. If you exercise your rights under the CCPA, Logiscenter will not discriminate against you.
HOW TO UPDATE INFORMATION
Your information can be updated by you in the Website. For any question on how to do it or if you have issues in doing so, please contact us at [email protected] It is your responsibility to provide us with accurate and truthful information. We cannot be liable for any information that is provided to us that is incorrect
YOUR CHOICES REGARDING INFORMATION
Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Website or all functionality of the Website. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
Changing or Deleting your Personal Information. You may change any of your Personal Information in your Account by editing your profile within your Account or by sending an e-mail to us at [email protected] You may request deletion of your Personal Information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes
COMPLAINTS AND DISPUTES
If you have a complaint about our handling of your Personal Information, address your complaint in writing to [email protected]
If we have a dispute over handling of your Personal Information, we will first attempt to resolve the issue directly between us.
If we become aware of any unauthorized access to your Personal Information we will inform you at the earliest practical opportunity, once we have established what was accessed and how it was accessed.
ADDITIONS TO THIS POLICY
Logiscenter: Legal Notice
These Terms are Legally Binding
Logiscenter is a leading provider of barcode, mobile computing, and RFID solutions. The Logiscenter website (the “Website”) is comprised of various web pages operated by Logiscenter. The Service and Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Logiscenter constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
If you with the changes, you must cease to use the Website and, as the case may be, cancel any subscription with any register or distribution list associated with the Website. Using the Website once the changes have been made will indicate acceptance of the changes.
Identification of the proprietor of the Website
The proprietor of this Website is LOGISCENTER LLC, a Florida Limited Liability Company located at 2320 Ponce de Leon, Coral Gables, FL 33134. Its contact e-mail is [email protected]
Object of the Website
By way of the Website, LOGISCENTER provides information on the Company and offers the Users the opportunity of choosing from a wide variety of products primarily addressed to printing, automatic identification and data capture (the “Service”). The materials available on this Website have been prepared by Logiscenter and are intended for informational purposes ONLY. The information provided on this Website is provided only as general information and does not create a business or professional services relationship between you and Logiscenter.
CONDITIONS OF USE
You agree that you shall only use the Website for legal purposes. You are solely responsible for complying with the laws of the jurisdiction from which you are accessing this Website and you agree that you will not access or use the information on this Website in violation of such law. You represent that you have the lawful right to submit such information and you agree that you will not submit any information through the use of this Website unless you are legally entitled to do so. Again, we recommend that you do not submit information you consider confidential. Without limiting the foregoing and by way of example only, you may not and shall NOT:
- engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Logiscenter in its discretion.
- infringe our intellectual property rights or those of any third party in relation to your use of the Service;
- transmit any material that is confidential or proprietary;
- use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
- collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running any Service;
- access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;
- use the Service in any manner that may harm minors or that interacts with or targets
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- sublicense, resell, time share or similarly exploit the Services;
- authorize, permit, enable, induce or encourage any third party to do any of the above.
You agree that you will not engage in any activity that interferes with or disrupts the Website. You further agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell any part of the Website for any purpose.
Limitation of liability/Disclaimer
LOGISCENTER does not guarantee the availability and continuity of the functioning of the Website. Consequently, LOGISCENTER will in no circumstances be liable for any damages which may derive from:
- Lack of availability or accessibility of the Website;
- Interruption in the functioning of the Website or IT failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the Internet system or other electronic systems occurring in the course of its operation;
- Errors or delays in the access to the Website caused by the User when introducing their data into the form; slowness or any anomaly which may arise whenever these incidents are due to problems in the Internet network, unforeseen events or causes of force majeure and any other unforeseeable contingency beyond the good faith and control of LOGISCENTER;
- Losses and damages of any type which may occur due to accessing and making use of the Website, including but not limited to those produced in the IT systems or those caused by the introduction of IT viruses and/or attacks;
- The veracity, completeness or lack of updating of any information not generated by LOGISCENTER itself;
- Other damages which may be caused by third parties by means of unauthorised intromissions beyond the control of LOGISCENTER.
LOGISCENTER does not guarantee the absence of viruses or other elements in the Website introduced by external third parties which may cause alterations in the User’s physical or logical systems or in the electronic documents and files stored in their systems. Consequently,
LOGISCENTER will in no circumstances be liable for any damages of any nature which may arise out of the presence of viruses or other elements which may cause alterations in the User’s physical or logical systems, electronic documents or files.
ALL CONTENT AND INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. LOGISCENTER AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO
THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LOGISCENTER AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. LOGISCENTER AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY LOGISCENTER. ALL CONTENT AND INFORMATION ON THIS WEBISTE IS SUBJECT TO CHANGE WITHOUT NOTICE
Logiscenter may include links to related internet Websites maintained by third parties. Neither Logiscenter nor its affiliates or subsidiaries operate or control, in any respect, any information, products or services on such linked Websites. In addition, Logiscenter does not guarantee the timeliness, sequence, accuracy, completeness, legality, reliability, or content of such information. We place such links at the Users’ disposal for their convenience, an action which can in no manner be interpreted as approval or sponsorship on our part of the contents of such Websites.
Should any User or a third party observe that the contents to which this Website permits access via links which may be contrary to the law, morality or public order, they must report this to the e-mail address [email protected]
The above will apply, without limitation, to any case in which, as a consequence of Users’ non-compliances, claims are lodged by third parties against LOGISCENTER or any of the companies of its group. The Users will hold harmless LOGISCENTER and the companies of its group, which may claim from them any expenses, costs or damages which may have derived from their actions, provided these expenses, costs or damages are caused by non-compliance by the User with the present Terms.
Intellectual and industrial property rights
User acknowledges that Logiscenter retains ownership of all Intellectual Property of Logiscenter incorporated in the Website and in its products and services (including all improvements, enhancements, updates and corrections) and any Intellectual Property generated by Logiscenter in the process of providing the Service.
User agrees and accepts that any Intellectual Property generated by the User in connection with the User’s use of the Website or of Logiscenter’s products or services is owned absolutely by Logiscenter and vests in Logiscenter immediately, including:
- Logiscenter name, trade marks, logo and design; and
- any text, images, graphics, source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Service.
It is expressly prohibited to perform any act of reproduction, distribution, transformation or public communication or any type of assignment of all or part of the contents of the Website, in general, any act of exploitation of all or part of the contents (images, texts, design, indices, forms, etc.) and of any databases the Website might contain and any object protectable under the current legislation, particularly in accordance with the legislation on intellectual and industrial property.
In particular, Users may not, in any case, exploit or use commercially, directly or indirectly, in whole or in part, any of the contents composing the Website, or modify, copy, distribute, transmit, exhibit, publish, sell and/or grant licences on any contents of the Website or create works deriving from them, without the prior written authorisation of LOGISCENTER and, as the case may be, also of their owner. Any authorisation or licence on the Website and its contents does not signify in any respect whatsoever the waiver, transfer or assignment, total or partial, of any of the aforesaid rights.
Users may, occasionally, print copies of the individual pages of the Website, provided they do so for their personal non-commercial use, and maintaining unaltered the signs referring to copyrights, registered trademarks and any other identification concerning the rights of LOGISCENTER or third parties. Making any other type of copy, in electronic format, on paper or in any other modality, is totally prohibited.
Cookies are small data files which are hosted in the terminal of the User visiting the Website and which contain or store certain information on the visit to the Website.
LOGISCENTER may send notifications to the e-mail address or the telephone number provided by each User.
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website or Service are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Logiscenter to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Logiscenter a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Safeguard and interpretation
These Terms constitute an agreement between each User and LOGISCENTER. Should a competent authority declare any provision illegal, invalid or non-enforceable, it must be interpreted in the manner closest to its original intention. Such declaration regarding one or more clauses will not affect the validity of the rest. The fact that LOGISCENTER may choose not to demand the strict fulfilment of one or more of the stipulations contained in these Terms does not constitute and may not be interpreted in any case as a waiver on its part of its right to demand strict performance in the future.
The language applicable to these Terms is English. Consequently, the Users expressly accept that they will be governed by the version in English. If a version in another language is offered it is out of mere courtesy, for the Users’ convenience.
Applicable law and jurisdiction
Except in cases in which the applicable current regulations oblige submission to a different legislation, this Website, its contents and services, the relationships between the Users and LOGISCENTER, along with these Terms, will be governed by and must be interpreted in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Except in cases in which the applicable current regulations oblige submission to a different jurisdiction, such as that relating to the courts and tribunals of the User’s domicile, which will be strictly respected if proving to be imperative, any question or dispute arising out of or relating to this LOGISCENTER Website, its contents and services, the relationships between the Users and LOGISCENTER, along with these Terms, any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in the City of Miami and/or Miami-Dade County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Terms of Sale
The sale of goods or services by the Company is subject to the Terms contained herein (the “Terms”). The Terms contained herein take precedence over any Terms which are proposed by a buyer of goods or services (“Buyer”) whether contained on a purchase order or otherwise. The Terms contained herein, together with any Quotation/Pro-forma, Order Confirmation or Invoice delivered by Company to Buyer (the “Sales Confirmation”), is the entire contract between the Buyer and Company and shall supersede any and all other agreements and understandings between the parties with respect to the subject matter hereof. Company hereby rejects any and all Terms proposed by Buyer, whether or not contained in any of Buyer’s business forms (including any purchase order). Company’s acceptance is limited to these Terms and is expressly conditional on Buyer’s acceptance of these Terms, and any additional or different terms proposed by Buyer are automatically rejected unless expressly assented to in writing by an authorized representative of Company.
All prices for goods are F.O.B. Origin. Unless otherwise set forth in the Sales Confirmation, the prices for goods will be the prices in effect on the date of shipment. Prices are subject to change without notice, unless otherwise expressly agreed in signed writing by Buyer and Company. All prices are stated in United States Dollars unless otherwise stated and do not include taxes.
Cancellation or Modification of Orders.
Orders shall not be subject to cancellation or modification by Buyer in whole or in part (a) without Company’s prior written consent and (b) payment of a reasonable cancellation charge for applicable costs. Notwithstanding the foregoing, if special or custom products are ordered from Company, Buyer shall not be able to cancel or modify the order under any circumstances.
Unless otherwise agreed in writing by the parties, Company reserves the right to select the mode of transport and the identity of the carrier. Neither Buyer nor any consignee shall have the right to direct or reconsign any shipment to any destination other than that specified in the bill of lading without Company’s written consent. Buyer shall be responsible to pay for all shipping and transportation costs.
The delivery date provided by Company for the goods is only an estimate and is based upon prompt receipt of all necessary information from Buyer. Delivery times may vary depending on available production capacity and material availability at the time of the purchase order placement. Company will not be responsible for any delays, loss or damage in transit and failure to deliver within the time estimated will not be a material breach of contract on Company’s part.
Title and Risk of Loss
Unless otherwise expressly agreed in signed writing by Buyer and Company, risk of loss passes to Buyer upon delivery of the goods to the carrier at the Company’s location or after three (3) days’ notice by Company to Buyer that the goods are available. Title passes to Buyer upon completion of delivery or notice period and Buyer’s payment in full for goods.
Limited Warranty/Exclusive Remedy
(a) Company warrants that the goods are free from defects in material and workmanship at the time of shipment. If, after written notice by Buyer of defect and inspection of the goods by Company, the goods are determined to be defective then Company will, at its option, repair or replace the defective good. Instructions for defective products may be found at the following link: https://www.logiscenter.us/guarantee
(b) THE FOREGOING WILL BE THE SOLE AND EXCLUSIVE REMEDY OF BUYER WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND COMPANY WILL NOT BE LIABLE FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM ANY CAUSE WHATSOEVER. THIS LIMITATION APPLIES TO ALL GOODS AND SERVICES. To the extent the limitation or exclusion of liabilities or damages contained herein is not permitted under applicable law, this limited warranty will apply to the maximum extent allowed by applicable law.
(c) Company does not warrant performance of its products in any environment. Buyer is solely responsible for determining appropriateness of goods purchased for their use and application.
Limitation of Warranty
Company assumes no warranty liability with respect to defects in any goods caused by: (a) improper installation or maintenance of the goods; (b) repairs to the goods by anyone other than Company or its authorized agent; or (c) negligent or other improper use, processing, handling and/or storage of the goods including the storage of goods in conditions not specified. Company does not make any warranty and assumes no warranty liability for goods that are not manufactured by Company.
No agent, distributor or representative is authorized to make any warranty repair on behalf of Company or to assume for Company any other liability in connection with any of Company’s goods.
Any use of goods is at the sole risk of the Buyer and/or end user.
Disclaimer of Warranties and Limitation of Liability
THE WARRANTY ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF COMPANY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER WARRANTIES ARE DISCLAIMED AND EXCLUDED BY COMPANY.
UNDER NO CIRCUMSTANCES WHATSOEVER, SHALL THE COMPANY BE OBLIGATED OR LIABLE FOR ANY DIRECT, INDIRECT CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES, OR FOR ANY EXPENSES INCURRED OR SUSTAINED BY THE BUYER AND/OR ANY OTHER PERSON OR PERSONS IN CONNECTION WITH OR RESULTING FROM THE USE, SALE, HANDLING AND/OR STORAGE OF ANY OF THE GOODS OR SERVICES COVERED HEREBY (INCLUDING ANY “DEFECTIVE” OR UNSATISFACTORY GOODS OR SERVICES) IN ANY AMOUNT IN EXCESS OF THE NET AMOUNT ACTUALLY RECEIVED BY THE COMPANY FROM THE BUYER IN CONNECTION WITH THE SALE OF SUCH GOODS OR SERVICES.
Company Intellectual Property
Company retains ownership of any patent, know-how, trade secret, trademark, service mark, copyright, or other intellectual property right that is related to the goods or Services or is otherwise developed by or provided to Buyer in connection with the supply of the goods or Services.
Company will have no obligation with respect to any infringement claim based upon any: (i) misuse or modification of the goods by Buyer or its employees or agents, (ii) use of the goods in combination with other materials, goods, products, or services, (iii) failure of Buyer to implement any update provided by Company that would have prevented the claim, (iv) goods that Company made to Buyer’s specifications or designs.
In addition to any remedies that may be provided under these Terms, Company may terminate this or any agreement or order for which partial shipment has been made with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under the agreement, or order; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
All non-public, confidential or proprietary information of Company, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Company to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with these Terms or any agreement or order is confidential, solely for the use of performing such agreement or order and may not be disclosed or copied unless authorized in advance by Company in writing. Upon Company’s request, Buyer shall promptly return all documents and other materials received from Company. Company shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
Limitation of Actions
Notwithstanding any contrary statute of limitations, any cause of action for any alleged breach of this agreement by Company shall be barred unless commenced by Buyer within one year from the date of shipment.
Relationship of the Parties
Nothing contained in any agreement or order between Buyer and Company shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Third Party Beneficiary
This agreement or order between Buyer and Company is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
If any provision of these Terms or any agreement or order between Buyer and Company shall be held to be unlawful or unenforceable, the remaining portions of such any Terms, agreement or order between Buyer and Company shall remain in full force and effect. No other agreement between Buyer and Company or understanding shall modify this agreement in any way or shall be binding upon Company unless contained in a writing signed by Company’s authorized representative.
Product Return Policy
Please follow the instructions at the following link for any refunds or returns: https://www.logiscenter.us/returns
Product return requests must be initiated within 15 days from the date of the invoice. Products must be unopened, in original packaging, and in mint condition.
Product returns may be subject to restocking fees.