Your
access and use of this Site is subject to the following
terms and conditions (“Agreement”) and applicable laws.
By accessing this site you accept without limitation the
terms and conditions. You may not distribute, modify,
transmit, reuse, report, or use the contents of this
Site without Dakota International Trading’s permission.
These terms and conditions apply to your purchase of
products and/or services (“Product”) sold by Dakota
International Trading. By accepting delivery of the
Products, you accept and are bound by the terms and
conditions of this Agreement.
Trademark Information
The
trademarks, logos, and service marks (“Marks”) displayed
on this Site are the property of Dakota International
Trading or other third parties. You are not permitted to
use the Marks without the prior written consent of
Dakota International Trading or third party that may own
the Marks.
General Disclaimer
Dakota International Trading makes reasonable efforts to
provide accurate information on the Site. Dakota
International Trading assumes no responsibility for the
accuracy of the information. Dakota International
Trading may change the offers mentioned at any time
without notice and assumes no liability or
responsibility for errors or omissions in the content on
the Site.
Payment Terms
Payment terms are Dakota International Trading’s
discretion, and, unless otherwise agreed to by Dakota
International Trading, payment must be made at time of
purchase. Payment may be made by credit card, wire
transfer, or other prearranged method of payment. If net
payable terms are granted you agree to pay interest on
all past due sums at the rate disclosed on Dakota
International Trading invoice. Dakota International
Trading may invoice parts of an order separately. Your
order is subject to cancellation by Dakota International
Trading, at Dakota International Trading’s discretion.
Dakota International Trading is not responsible for
pricing, typographical, or other errors, in any offer by
Dakota International Trading and reserves the right to
cancel any order resulting from such errors.
Terms of Sale
Shipping and handling charges are additional unless
expressly indicated otherwise at time of sale. Loss or
damage occurring during shipment for freight routed by
Dakota International Trading is the responsibility of
Dakota International Trading. Loss or damage occurring
during shipment for freight routed by you is your
responsibility. You must notify Dakota International
Trading within 15 days of the date of your invoice if
you believe any part of your purchase is missing,
inaccurate, or damaged. You are responsible for paying
all customs duties, VAT, and any other charges
associated with importing the product into the
destination country.
Compliance with U.S.
Export Control Laws
The
export and re-export of Products purchased from Dakota
International Trading are subject to the export laws of
the United States, including but not limited to the
Export Administration Regulations of the U.S. Department
of Commerce (15 CFR §730-774). Under U.S. law the
Products shipped pursuant to this Agreement may not be
sold, leased or otherwise transferred to restricted
countries or used by a restricted end-user and/or for
any end-uses prohibited by 15 CFR §744. Failure to
comply with U.S. export requirements can result in civil
and/or criminal penalties. For more information
regarding U.S. Export Regulations you can log on to the
Bureau of Industry and Security (BIS) web site at
www.bis.doc.gov.
Warranties
The
Limited Warranties applicable to Gateway Branded
Hardware can be found at
http://content.gateway.com/www.gateway.com/about/legal/warranties/8510311.pdf
or in the documentation Gateway provides with the
product. For warranty support of products for other
manufacturers contact the manufacturer of the product
directly.
Limitation of Liability
Dakota
International Trading does not accept any liability for
product not being available for use, lost profits, loss
of business, or for lost or corrupted data or software.
Dakota International Trading will not be liable for any
consequential, special, indirect, or punitive damages,
even if advised of the possibility of such damages, or
for any claim by any third party. You agree that for
any liability relating to the purchase or Product,
Dakota International Trading is not liable or
responsible for any amount of damages above the amount
invoiced for the applicable product.
Indemnification
To the
fullest extent permitted by law, you will indemnify,
defend and hold Dakota International Trading, including
its partners, officers, agents, and employees harmless
for any claim, demand, cause of action, debt or
liability (including reasonable attorney’s fees,
expenses, and court costs) arising from your
modification(s) of and/or addition(s) to Product(s);
your breach of this Agreement; your omissions,
misrepresentations, or negligence, and the Products sold
by you damage a third party to the extent such claim is
based upon your breach of any provision in this
Agreement; (i) the modification of and/or addition to
the Products, misuse or abuse of the Products,
negligence or breach of any provision in this Agreement;
(ii) your failure to abide by all applicable laws,
regulations, and orders that affect the Products; (iii)
your omission, misrepresentation, or negligence, or
(iv) you or your end-user(s) cause intentional harm to
any person or property.
Governing Law
This
Agreement and all sales there under are governed by the
laws of the state of South Dakota without regard to
conflict of law rules and excluding the United Nations
Convention on the international sale of goods.
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 and Dakota International Trading is
not responsible for the accuracy or reliability of any
information, data, opinions, advice or statements made
on this site.
