This document establishes the General Terms and Conditions of Sale ("Terms") governing the sale, licensing, and delivery of products and services by X-Rite to its customers. These terms are effective upon acceptance and form the basis of any Purchase Agreement.
Key Provisions Covered
- Scope: Applies to hardware, software (licensed or hosted), and services provided by X-Rite, including any third-party products.
- Delivery: Outlines delivery terms (e.g., FCA, CPT) and procedures, including handling of delivery date changes and customer responsibilities for export regulations.
- Software & Services: Details licensing for software products (EULA) and hosted services (SaaS Agreement), with specific terms governing their use.
- Installation & Support: Covers installation, service care plans, and training services as specified in the Purchase Agreement.
- Product Acceptance: Defines the process for inspecting and accepting products, including procedures for rejection based on material non-conformance.
- Pricing & Payment: Specifies pricing, invoicing (including electronic invoicing), payment terms (net 30 days), and conditions for late payments or disputes.
- Intellectual Property: Clarifies ownership of intellectual property rights related to products and customer data.
- Data Privacy: Refers to X-Rite's Privacy Policy, available at www.xrite.com, and outlines compliance with data protection laws like GDPR.
- Warranty: Details warranty terms for hardware and software products, which are exclusive and in lieu of other warranties.
- Limitation of Liability: Sets limits on X-Rite's liability for damages arising from the purchase agreement or products.
- Confidentiality: Establishes obligations for protecting confidential information shared between parties.
- Dispute Resolution: Governed by specific laws and jurisdictions, with provisions for dispute resolution and force majeure events.
For detailed information on specific agreements, customers are directed to the relevant End User License Agreements (EULA), SaaS Agreements, and Maintenance Agreements, available on the X-Rite website.
