Terms & Conditions
These terms and conditions of sale shall apply to Digital Display devices (Touchscreen Digital Displays, Digital Display Modules), and the products produced and sold by Distinct, Inc. These terms may also apply to systems (Content Creator), the systems offered by Distinct, Inc. You, on behalf of yourself as an individual or your employer, represent and warrants that you have read, understood, and agree to be bound by these terms. Distinct reserves the right: (I) to use photographs taken of or supplied by dealer for promotional purposes; (II) right to use customer logo for marketing purposes.
Any content including but not limited to text, specifications, details, images, video or other media, must be received within 30 days of invoice date, unless stated otherwise. Failure to provide content or failure to provide content in requested format can result in delayed delivery of product(s) or service(s).
2. PRODUCT CHANGES
Distinct expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any product. No such changes in specifications shall affect any order of such products by customer. Orders are non-cancelable once in production due to the custom nature of our units. Distinct will accept returns on a VERY LIMITED basis. Client is responsible to demo and experience/test product prior to purchase.
3. PRICES AND PAYMENT
I agree to pay invoice for product(s) and service(s) in full within 30 days. I understand, no orders are processed or put into production until full payment is received. Estimated delivery timeframes and production time begins from date that invoice is paid in full. All prices are subject to change at any time and without notice to Distinct’s prices prevailing for its products at the time of shipment. Prices do not include any standard service charges of Distinct which may be applicable to sales of its products to the customer, all of which the customer is financially responsible for at time of purchase. All orders must be paid in full, including shipping, prior to delivery by Distinct to the carrier, in United States dollars. Distinct reserves the right to suspend delivery and performance until payment is received in full. Customer shall not offset or deduct from any amounts due to Distinct hereunder all or any part of any amounts owed or alleged to be owed by Distinct to customer; or any damages or losses which customer may have sustained or alleges to have sustained as a result of any breach or alleged breach by Distinct or any obligation of any kind to Customer (whether or not arising hereunder or in connection herewith). (Some) Content displayed is created by utilizing 3rd party data, which we are not responsible for(i.e. incomplete data on 3rd party manufacturing model details. Client is solely responsible for verification of pricing and accurate options. Pricing and options are displayed for informational purposes only. Distinct is not responsible for lost revenue or profits.
Prices do not include any tax or other government charge or assessment upon the sale, shipment, production or use of products ordered or sold hereunder. Customer shall be solely responsible for, and shall pay to Distinct upon demand by Distinct, any such tax, charge or assessment other than any such tax on or measured by Distinct’s income.
Distinct shall attempt in good faith to deliver product approximately in accordance with the instructions set forth in customer’s order or approximately on such other schedule as Distinct may provide to the Customer in any Order Acknowledgment or other response to an order. Distinct is not responsible or liable for any delays or failure in such delivery. Should there be damage incurred during shipment from Distinct to customer, customer is responsible to provide requested details. Distinct will process a claim with the shipper and determine the extent of the damage at no cost to the customer so as damage was in fact acquired during shipment. Once the unit is returned to Distinct, we will replace damaged components OR manufacture a replacement unit. It is the responsibility of the customer to have the unit available for the shipper to retrieve for examination. Distinct expressly reserves the right to effect delivery of products ordered in any number of separate shipments. Subject to customer’s instructions as to carrier, delivery shall be executed using such modes of transport and such carriers as Distinct shall deem appropriate. During any period of shortage of any product, Distinct shall have the right to allocate its supply of such product among its customers, pursuant to their respective orders and contracts in any manner Distinct deems appropriate. Distinct shall in no event be responsible or liable for any delay or failure to effect delivery due to any cause which is unavoidable or beyond Distinct’s reasonable control which prevents, impairs, or adversely affects in any way Distinct’s performance under any order; including but not limited to war, fire, flood, natural disaster, strike, labor dispute, act of God, governmental action, civil disturbance, accident, or inability to obtain or use materials, labor, equipment, facilities or transportation. In such cases, Distinct shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
(I) Allowable Period. For any Digital Display devices, Distinct accepts returns only within thirty (30) calendar days from the date of customer’s receipt of merchandise, subject to a 25% restocking fee. For non-electronic items, Distinct accepts returns only on unopened items within thirty (30) calendar days from the date of customer’s receipt of merchandise, subject to a 25% restocking fee. This allowable period may not reflect the return policies of our authorized third-party financing partners. Distinct is not responsible for any difference in return policies authorized by third-party financing.
(II) Process. Customer shall arrange to have the return shipped back to Distinct and customer is financially responsible for all return shipment costs. If a product consists of several parts, customer must return all parts of the product in order to obtain a refund. Products returned under this must be received by Distinct in a resalable condition. Resalable condition means the product has no sign of use, wear and tear, cosmetic damage, or any other damages. If product has any aforementioned defects and is deemed unsalable, no refund of monies will be granted and client is responsible for any shipping costs.
(III) Packaging. Customer must keep the original packaging and any product returns must contain original packaging.
7. SOFTWARE LICENSE
If product includes any Distinct-provided software, including but not limited to program code, together with applicable technical documentation made available by Distinct (collectively “software”), customer acknowledges that the software is subject to additional terms and conditions as set forth in Software as a Service Agreement (i.e.“Content Creator Terms and Conditions”). Subject to the terms of such license agreements, all rights not expressly granted herein are reserved, and all other uses of the software are subject to these terms as well as the payment of any applicable software license fees; including fees for specific software functionalities, as identified by Distinct in writing.
8. RESTRICTIONS ON USE
Distinct is not liable or responsible for any data charges incurred by client for connection of device to a wireless network. 2 hours of technical support are included per month with an active Content Creator subscription. Additional support will be billed at $99 per hour and client agrees to this surcharge. All Distinct Digital Display devices require an active Content Creator subscription. A lapse in subscription may disable updates to a display, may disable features/functions, and device may display notification of lapsed subscription. Customer agrees that customer shall not directly or indirectly: (i) modify, enhance, adapt, translate, make improvements to, create derivative works based upon, disassemble, decompile, reverse engineer, reduce to any human or machine readable form, or circumvent any technological measure that controls access to, or permits derivation of the source code of the software or any part thereof; (ii) reverse engineer the products, any part thereof, or any composition made using the products; (iii) rent, lease, sell, transfer, assign, or sublicense the rights granted hereunder, except in connection with the rental, lease, sale or transfer of the entire Product; (iv) copy any part of the Software except for one (1) complete copy thereof for archival and/or back-up purposes, or as otherwise expressly authorized by Distinct in writing; (v) change, distort, or delete any patent, copyright or other proprietary notices which appear in writing on or in a product (or in any copies of software); (vi) operate or make use of the products in violation of applicable laws and regulations; and/or (vii) take or permit any other action which could impair Distinct rights, or damage the image or reputation of quality inherent in the products, Distinct’s business, reputation, intellectual property, or other valuable assets or rights.
For any customer concerns or complaints with products, customer shall contact the Distinct Support team via email at email@example.com or via telephone at (561) 444-2958.
Customer shall defend, indemnify and hold harmless Distinct, its officers, directors, shareholders, agents, and employees from and against the full amount of any and all losses (defined below) incurred as a result of (a) Customer’s use of Distinct’s products and/or systems, (b) Customer’s violation of applicable law, or (c) any actual or alleged death of or injury to any person suffered arising out of customer’s use of the products and/or systems, unless caused by Distinct’s gross negligence or willful misconduct, provided that Distinct (i) promptly gives user written notice of any claim, (ii) gives customer sole control of the defense and settlement of such claim (provided that customer may not settle or defend any claim unless it unconditionally releases customer of all liability), and (iii) has not compromised or settled such claim. For purposes of this Agreement, “Losses” mean any and all losses, claims, damages, liabilities or actions or proceedings with respect thereto or expenses, including but not limited to: all legal expenses and any and all other expenses incurred in investigating, preparing, serving as a witness in or defending against, any action or proceeding, commenced or threatened, which a party may be subject to (whether or not such party is named as a party) which arise out of or are related to the subject matter of this Agreement.
11. LIMITATIONS OF LIABILITY
Under law of negligence, client is responsible for any damages to product(s) at time of demo/display prior to purchase. Notwithstanding anything herein to the contrary, in no event shall Distinct or its affiliates, manufacturers, suppliers, or licensors (as third party beneficiaries) be liable for direct damages or other losses or liabilities directly relating to the products, or otherwise arising out of, related to, or in any way connected with the use of products, if and to the extent such direct damages or losses exceed the actual amount paid by the customer for the specific product(s) that directly gave rise to the damages or other losses or liabilities; regardless of the form of action, whether based in contract, express or implied warranty, tort, product or other strict liability, trade practices, or otherwise, and regardless of whether any remedy set forth herein fails of its essential purpose. Notwithstanding anything herein to the contrary, in no event shall Distinct or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation or production of the Products be liable to Customer or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Products, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
The foregoing limitations of liability do not apply to the extent prohibited by law; customer shall refer to local laws for any such prohibitions.
BY USING YOUR DISTINCT, INC. DIGITAL DISPLAY PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE DISTINCT, INC. LIMITED WARRANTY AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD SPECIFIED UNDER TERMS AND CONDITIONS AND IN ACCORDANCE WITH DISTINCT, INC.’S RETURN POLICY.
- Digital Display models have one year of warranty (unless otherwise specified)
- Should you (the client) receive a free upgraded part for your device, it is your (the client’s) responsibility to utilize upgraded part and replace parts as suggested by Distinct. Distinct will complete installation of any new part deemed an upgrade at no cost to you (the client) as a courtesy at Distinct's offices. Client is responsible for shipping. DISTINCT IS NOT RESPONSIBLE FOR MALFUNCTION OF DEVICE IF UPGRADED PARTS ARE NEGLECTED TO BE INSTALLED.
Warranty covers manufacturer defects and/or failure of parts. In the event of material or manufacturing defects, Distinct is obliged to rectify the defects free of charge according to warranty conditions. If the defect cannot be repaired, we will, within the warranty period, replace the component free of charge by an identical product, or if the component is no longer manufactured, by a similar replacement of the same value or offer an appropriate refund. A justified claim will be settled by replacement, by repair or by compensation remains at our discretion. Should a product have an issue, the customer is responsible for returning the unit to Distinct for testing and repair. Shipping is covered for the first 60 days, afterward the customer is responsible for shipping costs. In the event that a replacement part or unit/assembly is replaced in advance, the customer will be charged the cost of the item and will be credited once the defective item is returned to us. Distinct represents and warrants to the first End-User of original products that the products shall materially conform to Distinct’s published specifications in effect as of the date of delivery, subject to the terms and conditions below.
2. VALIDITY OF WARRANTY
(I) Notification must be made before the end of the Warranty Period, as defined below; (II) conform to any additional stipulations of the Warranty Period, as defined below; (III) must be substantiated with original proof of purchase, including the serial number of the product(s).
3. CLAIM HANDLING
(I) The remedy shall be repair or replacement of the non-conforming hardware product(s) or part(s) of hardware product in a commercially reasonable time by Distinct or its authorized representative as solely determined by Distinct or its authorized representative; (II) Distinct shall bear the cost of repair and/or replacement and the shipping costs incurred therein provided, however, that the return is authorized and return instructions(as specified in terms and conditions) are followed; (III) replacement parts or products will either be new or refurbished and will be furnished on an exchange basis. If defective parts are not returned, Distinct shall bill for parts. All replaced parts or products become the property of Distinct.
4. WARRANTY PERIOD
Warranty is in effect until exactly twelve (12) months after the date of first delivery of the product to first End-User after which time warranty is null and void.
The limited warranty obligations do not cover physical damage sustained from improper handling during shipping as well as normal wear and tear in use of product. Warranty does not cover broken or damaged connectors or plugs on cords. Warranty does not cover dropped, damaged, chipped, scratched or improperly handled items. Disassembling a display will void all warranties. The warranty is granted under the explicit condition that installation and maintenance instructions have been observed. The warranty does not cover any defects or damage caused by inappropriate use, incorrect or improper use, or normal wear and tear. The limited warranty shall be voided if alleged product failure was caused in whole or part by (I) unauthorized modifications, alterations or repair; (II) parts were installed and used that were not certified or approved by Distinct or its designated representative; (II) unusual physical or electrical stress; (IV) abuse, misuse, accident, neglect; (V) exposure to outdoor conditions/environments, heat, freezing, moisture, flooding, fire, electrical problems associated with incoming power, or other acts not the fault of Distinct. No coverage under the Limited Warranty will exist if Distinct was not notified of the alleged defect or malfunction prior to the expiration of the Warranty Period. Distinct shall make the final determination as to the existence and cause of any alleged defect. Removing or disabling Distinct software on the displays, or installing third party software/content will void warranty.
6. HOW TO OBTAIN WARRANTY SERVICE
To make a claim under this Limited Warranty, please contact Distinct Support via firstname.lastname@example.org. For any warranty repairs, the customer is responsible for safely shipping the product(s) back to us in original packaging if possible.
THIS LIMITED WARRANTY IS THE END-USER’S SOLE AND EXCLUSIVE REMEDY AGAINST DISTINCT WHERE PERMITTED BY LAW. EXCEPT FOR THIS LIMITED WARRANTY, DISTINCT MAKES NO OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,USAGE OF TRADE OR OTHERWISE, WITH REGARD TO THE PERFORMANCE OF ANY PRODUCT. WITHOUT LIMITATION OF THE FOREGOING, ALL IMPLIED WARRANTIES, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. DISTINCT WAIVES ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE OR LOSS OF PROFITS, EVEN IF DISTINCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.