GD Saber PanelMount NVIS 10 User manual

User’s Manual
Saber PanelMount™ NVIS 10
Standard Panel Mount NVG-Compatible 10.4" LCD Monitor
Part Number 90-3104-005
Manual P/N: 3104-005-96
Revsion 0
September 2016

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 2
Rev. No. ECN No. Date Description
— — — —
1 Revision History

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 3
Please take a moment...
...to record the following information in the space provided below. Should the need arise
to contact General Digital regarding your LCD monitor, this information will help us to
better serve you. You will find the model number/serial number label affixed to the rear
of your monitor.
Model Number: _______________________________________________________________
Serial Number: _______________________________________________________________
Date Received: _______________________________________________________________
Trademarks
All trademarks in this publication are the property of their respective companies.
Copyright
Information in this document is subject to change without notice.
© 2016 General Digital Corporation. All rights reserved.
Reproduction in any manner whatsoever without the written permission of General
Digital Corporation is strictly forbidden.
Disclaimer
General Digital Corporation shall not be liable for errors contained herein or for inci-
dental or consequential damages in connection with the furnishing, performance, or use
of this material.
Appropriate Usage Policy
General Digital Corporation components should not be used in medical devices with life
support functions, safety equipment (or similar applications where component failure
would result in loss of life or physical harm), aerospace equipment, telecommunication
equipment (trunk lines) or nuclear power control equipment. Contact a General Digital
representative before using General Digital devices for any applications other than those
recommended by General Digital. General Digital assumes no responsibility for any
damage resulting from the use of a General Digital device which does not comply with
the instructions and precautions specified in this manual.
2 For Your Records

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 4
1 Revision History 2
2 For Your Records 3
3 Table of Contents 4
4 Precautions 5
4.1 Installation ...................................................................................................... 5
4.2 Characteristics of the LCD Screen ................................................................. 5
4.3 Transportation................................................................................................. 6
4.4 Usage Recommndations ................................................................................. 6
4.5 Disposal of the Monitor.................................................................................. 6
5 Package Contents 7
6 NVIS Filter 8
7 Connections 9
8 Setup 10
8.1 Monitor Connections.................................................................................... 10
8.3 Selecting the Proper Video Mode ................................................................. 10
8.8 Color Temperature and Gamma Adjustment .............................................. 10
9 Operation 11
9.1 OSD Functions .............................................................................................. 11
9.1.1 Image................................................................................................ 11
9.1.2 Display ............................................................................................. 11
9.1.3 System.............................................................................................. 12
10 Serial Port 13
10.1 Serial Specification........................................................................................ 13
10.2 Serial Echo ..................................................................................................... 13
10.3 Keypad Data .................................................................................................. 13
10.4 Serial Command Set...................................................................................... 14
11 Maintenance 15
11.1 Display Overlay Cleaning............................................................................. 15
12 Troubleshooting 16
13 Specifications 17
14 Control Drawing 18
15 Warranty 19
16 Contact Information 21
Appendix I – Video Mode Support 22
Appendix II – Cleaning AR Filters 24
3 Table of Contents

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 54 Precautions
4.1 Installation
General Digital recommends that you install or leave the monitor:
• In a place free of extreme temperatures, i.e., away from radiators, heating vents,
direct sunlight.
• In a place free of mechanical vibration and shock.
• In a place far from any equipment that generates a strong magnetic field.
• In a place free of inordinate amounts of dust, dirt or sand, i.e., an open window or
outdoor exit. If setting up temporarily in an outdoor environment, be sure to take
adequate precautions against airborne dust and dirt.
• On a stable surface where the monitor will be safe from tipping over.
• Ensure that vents are kept free of obstruction and airflow remains unrestricted at
all times.
• If the unit is equipped with a grounded AC line input connector, ensure that a reliable
grounding path is maintained. Units so equipped are intended to be connected to
ground.
• Ensure that the unit is located where the temperature remains within the recom-
mended ambient temperature range listed in the Specifications.
4.2 Characteristics of the LCD Screen
• Keep the LCD from facing direct sunlight for extended periods as this can damage
the screen.
• The LCD screen may lose uniformity or otherwise malfunction if pushed, scratched
or has a heavy object set upon it.
• If the monitor is used in a cold place, a residual image may appear on the screen.
This is not a malfunction. The screen returns to normal as the temperature rises to
a normal operating level.
• If a still picture is displayed for a long time, a residual image may appear for a while.
The residual image will eventually disappear.
• The LCD panel becomes warm during operation. This is not a malfunction.
Important Notes on the LCD Screen Characteristics
Please be aware that, although the LCD screen is made with high precision technology, the
manufacturer’s specifications allow for slight optical anomalies. If your LCD screen exhibits any
minor anomalies, it is not an indication of a malfunction. General Digital inspects each screen
to even more rigid specifications than the manufacturer’s and will not ship any product found
to be substandard.
Also, optimal performance is achieved after the monitor has reached a stable internal oper-
ating temperature. At ambient room temperature (72° F/22° C), this may require as long as
30–60 minutes.

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 64 Precautions
4.3 Transportation
• Disconnect all cables from the monitor and grasp the support and base sections
of the display stand firmly with both hands when transporting. If you drop the
monitor, you may be injured or the monitor may be damaged.
• When you transport this monitor for repair or shipment, use the original carton and
packing materials. Failure to do so may void the warranty.
4.4 Usage Recommendations
• When unused for extended periods of time, set your PC to DPMS. If using a screen
saver, set it to the active screen mode.
• For each hour of looking at the monitor, let your eyes rest for 5 minutes. This will
reduce eye fatigue.
4.5 Disposal of the Monitor
Do not dispose of this monitor with general household waste. General Digital
encourages recycling whenever feasible. Disposal of this monitor must be
carried out in accordance with the regulations of your local sanitation authority.

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 75 Package Contents
Please take a moment to ensure that you have received the following items. Report any
discrepancies immediately.
One (1) Saber PanelMount NVIS 10:
Model Number NPA-10X-9028-123-00-32-04-ID59-189
One (1) Documentation CD with Saber PanelMount NVIS 90-3104-005 User’s Manual
in PDF format; and Adobe®Acrobat®Reader software, which is used for viewing the
documentation
One (1) Shipping Container
Also included will be any options and/or accessories you ordered with your monitor.
Please refer to the packing slip for a complete listing of items shipped.
IMPORTANT!
Please save your custom-designed shipping container for warranty returns as
needed. Shipping in an unauthorized container may void the warranty.

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 86 NVIS Filter
The 90-3104-005 has been designed with an NVIS-compatible backlight. An NVIS filter
is installed between the system backlight and LCD to filter the display for NVIS color
requirements. The user is responsible for dimming the LCD backlight in NVIS mode to
meet NVIS radiance requirements.

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 97 Connections
DESIGNATOR FUNCTION TYPE
CN1 DC Power Input 2W2 Plug
+9 to +36 VDC (+28 VDC Nominal)
CN3 System Serial Port DE-9 Plug
CN4 DVI Input 1 DVI-D Socket
CN5 DVI Input 2 DVI-D Socket
DC Power Input Connector: CN1
PIN SIGNAL
A1 +VDC
A2 Ground
System Serial Port Connector: CN3
PIN SIGNAL
1 NC
2 Rx
3 Tx
4 NC
5 Ground
6 NC
7 NC
8 NC
9 NC

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 108 Set-up
8.1 Monitor Connections
Connect the input power to the 2W2 connector (CN1).
8.2 Selecting the Proper Video Mode
Configure your video controller, operating system and or application program to run in
the desired video mode (e.g., 640 x 480, 1280 x 1024, 1600 x 1200, 1920 x 1080, etc.).
8.8 Color Temperature and Gamma Adjustment (Available on select configurations)
Inherently, LCD displays do not support a color gamut as large as a traditional CRT.
Unless operators use sophisticated instrumentation to measure the color output of the
LCD display, calibration of the color gamut is subjectively performed. General Digital
offers a simple calibration technique that has proven to yield desirable results.
Note: Because this document is intended for PDF creation, an accurate gamma chart could
not be included within the document. A gamma chart can be downloaded from our Web site:
http://www.generaldigital.com/files/support/graphics/gamma-chart-1280x1024.png.
Below (see Figure 3) is a representation of a standard gamma chart used for color
correction. The gamma chart consists of four rectangular bars–one for each of the primary
colors (red, green and blue) and one for gray. Running down the center of each bar
are five squares displayed at 50% luminance of the surrounding area. The surrounding
area contains a checker-board pattern of alternating 100% luminescent pixels and black
pixels.
Note: The monitor should be running for at least 30 minutes prior to adjusting.
In a darkened room, adjust the individual color settings for the red, green and blue
outputs until the center squares appear to blend into the surrounding area. Finally,
adjust the bright-ness and contrast until the center squares nearly disappear.
Note: Repeat steps 1–5 for each video mode you wish to use.
Figure 3

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 119 Operation
9.1 OSD Functions
9.1.1 Image
Brightness: Increase/decrease Brightness level; 100 steps
Contrast: Increase/decrease Contrast level; 100 steps
Sharpness: Increase/decrease Sharpness level; 8 steps
Color: Color TemperatureAdjust the warmth of the screen. Higher temps look
cooler; lower temps look warmer.
4200 K | 5000 K | 6500 K | 7500 K | 9300 K
User
R: Increase/decrease Red level; 100 steps
G: Increase/decrease Green level; 100 steps
B: Increase/decrease Blue level; 100 steps
Reset
Gamma: 0.4 | 0.6 | 1.0 | 1.6 | 2.2
9.1.2 Display
Backlight
Invert B/L Invert: Invert the backlight brightness
Control D/A | PWM: Selection for dimming control; Voltage Level/PWM
Frequency Backlight Frequency: 100~400 Hz in 20 Hz steps
Backlight Backlight brightness adjustment
Wide Screen Mode DDC Programming: Video timing
CVT timing
(Refer to Appendix I for timing details)

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 129 Operation
9.1 OSD Functions
9.1.3 System
Input: Select the input video signal
DVI 1
DVI 2
Autoscan: Enables the Auto Source Seek function
Timer: OSD timeout in seconds
From ON, 5~60; 13 steps, ON standard for
Always ON
Rotation: OSD menu rotation
0° | 90° | 180° | 270°
Position: Adjust OSD menu position
Transparency: Set OSD transparency; 100 steps
Reset: Load factory default settings. Press down on OSD keypad to reset.
For Smart ISP firmware upgrade
Note: Exit the OSD menu to save the chosen setting

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 1310 Serial Port
10.1 Serial Specification
Serial data will be transmitted and received at:
• 19200 baud
• 8 data bits
• 1 stop bit
• No parity
10.2 Serial Echo
Serial commands sent to the display are echoed and immediately followed by any data
modified by the command, or the desired value queried. For example, the command
“B+<CR><LF>” returns “B+XXX<CR><LF>”, with “XX” being the new brightness
value post increment. The command “B?<CR><LF>” returns “B?XXX <CR><LF>”,
with “XXX” being the current brightness value. Unsupported commands return the
received serial bytes followed by an ASCII <NAK> character (0x15).
10.3 Keypad Data
Keypad data shall be transmitted asynchronously by the display whenever data from the
keypad is available. When a key is pressed, data will be sent in the format:
“$XX<CR><LF>” where “XX” Is the unique key ID from “01”-“24”.
This serial message will repeat at a default rate of 96 ms. The rate will be modifiable via
serial command.

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 1410 Serial Port
10.4 Serial Command Set
The following table describes the proposed command set using only standard ASCII
characters (0x20 – 0x7F) accessible on a standard PC keyboard. All commands shall be
terminated with a Carriage Return <CR> (0x0D) and Line Feed <LF> (0x0A).
COMMAND DESCRIPTION
‘B’
’+’
‘-‘
“XXX”
‘?’
Backlight Brightness Control
Increment Backlight Brightness
Decrement Backlight Brightness
Set Backlight Brightness Level = “XXX”
Query Backlight Brightness
‘K’
’+’
‘-‘
“XXX”
‘?’
Keypad Brightness Control
Increment Backlight Brightness [1]
Decrement Backlight Brightness [1]
Set Backlight Brightness Level = “XXX” [1]
Query Backlight Brightness
‘M’
’D’
‘N‘
‘?’
Backlight Mode Control
Set Day Mode
Set NVIS Mode [2]
Query Backlight Mode
‘S’
‘0’
‘1’
‘?’
Backlight/Keypad Brightness Sync
Separate Brightness control
Keypad brightness follows backlight brightness (DEFAULT)
Query Backlight Mode
‘V’
‘M’
‘+’
‘-‘
‘U’ or ‘u’
‘D’ or ‘d’
Video Controller Command
Display OSD Menu / Navigate OSD Back
Increment Contrast/ Navigate OSD Right
Decrement Contrast/ Navigate OSD Left
Increment White Level / Navigate OSD Up
Decrement White Level / Navigate OSD Down
‘P’
’0’
‘1‘
‘?’
Power
Off
On
Query Power Status
‘PRGM’ Sets video controller into programming mode
‘E’
‘0’
‘1’
Serial Echo Control
Serial Command Echo Disabled
Serial Command Echo Enabled (DEFAULT)
‘T’
“XXX”
‘?’
Keypad Timing Control
Set Keypad Serial Repeat Rate= “XXX” [3]
Query Keypad Serial Repeat Rate
1 Command valid only if Keypad Brightness Sync is DISABLED.
2 Command valid only if NVIS hardware present.
3 Time between repeats shall be defined as XXX * 8 ms

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 1511 Maintenance
11.1 Display Overlay Cleaning
• Be sure to unplug the power cord from the power outlet before cleaning your
monitor.
• Clean the LCD screen using Windex®or isopropyl alcohol with a soft, lint-free
cloth. If you use another glass cleaning liquid, refrain from using any type of cleaner
containing an antistatic solution or abrasive additive as this may scratch the LCD’s
screen coating. Also, avoid spit marks, as they are difficult to remove.
• Clean the cabinet, panel and controls with a soft cloth lightly moistened with a mild
detergent solution. Do not use any type of abrasive pad, scouring powder or solvent,
such as alcohol or benzine.
• A scratched LCD surface may result if the screen surface is rubbed, touched or
tapped with sharp or abrasive items such as ballpoint pens or screwdrivers.
• Note that material deterioration or LCD screen coating degradation may occur if the
monitor is exposed to volatile solvents such as insecticide, or if prolonged contact is
maintained with rubber or vinyl materials.
• Refer to Appendix II for detailed instructions on cleaning antireflective-coated filters.

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 1612 Troubleshooting
FAILURE POSSIBLE CAUSE SOLUTION
No Image No Power If the Green LED on the front bezel is illuminated,
it indicates that the power supply is functional and
connected properly. If the LED does not function
properly, continue with the next set of instructions.
No Image Defective AC Cable/
Connection
Verify that the power supply is properly connected to
the LCD monitor and an AC power source (i.e., wall
outlet). Inspect cable for physical damage.
No Image Defective Power
Supply
Verify that external power supply is functional.
No Image No Signal; Incorrect
Graphic Card
Settings
Verify that a video signal of compatible resolution
and refresh rate is being provided to the monitor.
No Image Defective Display,
Backlight Inverter or
Internal Connection
Contact General Digital Service Department for a
Return Material Authorization (RMA).
Dim Display OSD Settings Check Brightness and Contrast settings. If either
setting is too low, the display will appear dim.
Dim Display Half-life of Backlights
Reached
Determine how many hours your monitor has been
running. Backlights will be reduced to 50% original
brightness after approximately 50,000 hours. Contact
General Digital Service Department for a Return
Material Authorization (RMA).
Flickering Pixels;
Uneven Screen
Intensity; Lack
of Non-OSD
Brightness Control
Defective LCD Panel
or Internal Cable;
Improper Pinout
If adjusting brightness control has no effect, the
VR rating or method of adjusting brightness is not
compatible or correctly connected to the inverter.
Contact General Digital Service Department for a
Return Material Authorization (RMA).
Vertical Bars;
Flickering Pixels
Video Cable Be sure that you are using a quality video cable.
General Digital recommends a shielded three wire
coax (R, G, B) with twisted pair for Hsync and Vsync.
Replace the video cable. Ensure that your video
source supports VESA standards.
Vertical Bars;
Flickering Pixels
OSD Settings Activate the OSD menu. Select the Auto Setup
function. If this does not correct the problem,
continue. Display a 50% gray pattern on the LCD
display. If vertical bands are evident, activate the
OSD menu. Adjust the Image Size function until the
vertical bands vanish. Use the Tuning function to fine
tune the image.
Vertical Bars Quickly Cycling
Power
After powering down the unit, wait for a minimum
of 2 seconds before powering up. This gives the
capacitor a chance to discharge.

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 1713 Specifications
DISPLAY Size (Diagonal) 10.4"
Viewing Area (W x H) 8.28" x 6.21"
Resolution 1024 x 768
Colors 16.2 Million
Pixel Pitch (H x V) 0.685 mm x 0.2055
Brightness 500 Nits
Contrast 1000:1
Brightness Range 0.5–100%
Viewing Angle (H/V) ±88°/±88°
Backlight Edge-lit LED with NVIS Filter
OVERLAY Material Soda-Lime Float Glass
Finish Antireflective Coating
POWER Input Voltage +9 VDC to +36 VDC
Power Consumption 25 Watt (Maximum)
ENVIRONMENTAL Operating Temperature -30°–70° C
Storage Temperature -30°–80° C
Humidity 10–90%, Non-condensing

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 1814 Control Drawing

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 1915 Warranty
GENERAL DIGITAL CORPORATION
(Hereinafter Seller)
STANDARD TERMS AND CONDITIONS OF SALES
1. ACKNOWLEDGMENT AND ACCEPTANCE.
Acknowledgment and acceptance of any order by seller is
expressly limited to and made conditional upon the terms
and conditions contained herein. Any of the buyer’s terms
and conditions which are in addition to or different from
those contained herein and which are not separately agreed
to in writing (except additional provisions specifying quality,
character of the products ordered, and shipping instructions)
are hereby objected to and shall be of no effect. The buyer
shall be deemed to have assented to all terms and conditions
contained herein if any part of the products described herein
is accepted.
2. ENTIRE AGREEMENT. This instrument contains
the entire and only agreement between the parties hereto
relating to the subject matter hereof, and any representation,
affirmation of fact, and course of prior dealings, promise or
condition in connection, therewith, or usage of the trade not
incorporated herein, shall not be binding on either party. The
rights and obligations contained herein shall inure to and be
bind upon the parties, their legal representatives, successors,
and permitted assigns.
3. WARRANTY. Seller warrants that upon delivery to the
Buyer, the product sold thereunder shall be free of defects
in materials and workmanship and that such product shall
substantially conform to the specifications provided by Seller.
This Warranty commences on the date of delivery to the Buyer
unless another time for commencement has been negotiated
between Seller and Buyer prior to such delivery. Should
the product be delivered through a third party (UPS, USPS,
Federal Express, etc.) the warranty period shall commence
on the date that such third party receives the product unless
another time for commencement has been negotiated between
Seller and Buyer prior to such delivery. The duration of the
Warranty shall be one (1) year from the date of delivery as
set forth above. This Warranty shall be effective only if Seller
receives notice of such defects in materials and workmanship
during the period of the Warranty stated above. After Seller
receives such notice, Buyer shall obtain a Return Material
Authorization (hereafter RMA) number. To obtain an RMA
number, Buyer shall contact Seller’s Customer Service
Department, with the model number(s), serial number(s),
and original purchase order number(s) of the product or
products. Buyer shall include a brief description of the
problem or failure mode experienced. Buyer shall mark the
outside of the package containing the product or products,
conspicuously, with the letters RMA and the number
assigned by Seller. Any packaged returned without RMA and
the RMA number clearly visible will be rejected at Seller’s
receiving dock. After Buyer has provided notice and obtained
the appropriate RMA number, Buyer shall return the product,
upon request, to General Digital Corporation, 8 Nutmeg
Road South, South Windsor, CT 06074, not later than thirty
(30) days after Seller’s receipt of notice of the alleged problem
or failure mode. Buyer shall prepay all transportation charges
for return of the product(s) to Seller. Seller shall pay for the
cost of sending the product(s) back to Buyer. Transportation
charges to Buyer shall be deemed Best Way and any other
transportation charges shall be at the Buyer’s cost. All costs
of customs clearance, shipping, and any other related charges
for transportation outside of the contiguous 48 United States
shall be at the Buyer’s expense. After Buyer’s compliance,
Seller shall, at Seller’s option, repair or replace the product(s).
Excluded from this Warranty are all problems or failures
resulting from:
•Improperorinadequatemaintenanceoftheproductbythe
Buyer;
•Unauthorized opening, servicing or modification of the
product by any means;
•Operation of the product outside its environmental
specifications;
•Neglect, misuse, abuse or accidental damage of the
product;
•Lossofilluminationsource(e.g.,bulbs,LEDs)beyondits
expected lifetime;
•User-replaceablefuses;
•Modification or integration with other components
not covered by a Seller warranty when such integration
increases the likelihood of problems, failures, or damage.
Further, this warranty is between seller and buyer only, and
does not extend to buyer’s customers or users of buyer’s
products. In addition, and in the event that buyer integrates
seller’s product with components manufactured or supplied
by any other company, this warranty shall only relate to
defects in materials and workmanship of seller’s product and
not to problems with or failures of seller’s product caused
by other components integrated with it. Seller’s rendering
of technical advise and/or assistance or Seller’s performance
of service work in connection with Buyer’s order of the
product(s) shall not change or enhance this warranty in any
way. Buyer’s reliance on Seller’s skill or judgment to select
or furnish suitable goods shall be at Buyer’s risk. Seller shall
not be liable for any direct, indirect, special incidental, or
consequential damages including, but not limited to, loss of
profits and/or destruction of other property, caused by any
application of the product(s) and/or its integration with other
components. Seller’s liability shall be limited to the amount
paid by the Buyer for the product(s). The aforementioned
remedies are in lieu of and exclude all others. Buyer assumes all
other risks and liabilities for loss, damages or injury, whether
or not caused by Seller’s negligence, to persons or property
and arising out of, connected with, or resulting from, the use
of Seller’s products or services either alone or in combination
with other products or services. Seller specifically excludes
any and all other warranties, written or oral, including, but
not limited to, implied warranties of merchantability and
fitness for a particular purpose.
4. SPECIAL PRODUCTS. The following provisions are to
be considered a part of all Special Product Acknowledgments
and Orders. Special Product orders are those calling for
products not contained in Seller’s current catalog and price
list, or those requiring modifications to catalog products or
those requiring sample, environmental, mechanical or life
testing, 100% reliability screening, quality conformance
qualifications, or any combination thereof. These provisions
supersede any part of the other clauses relating to the same
project.
A. Delivery dates are best estimates only and are subject to
(1) Receipt by Seller of order and negotiated specifications
containing, where applicable, all quoted waivers and/or
exceptions, (2) successful, first time passage of products
submitted to electrical performance test, to environmental
and/or life test processing required by applicable
specifications.
B. Seller assumes no responsibility for, refund or replacement
of products shipped at the Buyer’s request prior to successful
completion of acceptance and/or qualification test performed
by Seller, except those subject only to Buyer’s incoming
visual inspection.
5. PATENTS. Seller shall defend any suit or proceeding
which is based on a claim that any products or part thereof,
furnished under this contract constitutes an infringement
of any valid United States patent, if notified promptly in
writing and given authority, information and assistance for
the defense or settlement of same. In case said product, or

Saber PanelMount NVIS 90-3104-005 User’s Manual
Page 2015 Warranty
part thereof, is in such suit held to constitute infringement
and the use of said product or part is enjoined, then Seller
shall at its own expense and at its option, either procure for
the Buyer the right to continue using said product or part,
or replace same with non-infringing comparable products, or
modify it so it becomes non-infringing, or refund the purchase
price thereof. The forgoing states the entire liability of Seller
for patent infringement by said product or part thereof.
6. TERMS OF PAYMENT. Unless other arrangements
are made, standard payment terms for sales to established
customers within the USA are Net Thirty (30) days from date
of shipment. International sales require advanced payment by
wire transfer (electronic funds transfer). All unpaid invoices
will be charged 1-1/2% interest per month. Interest accrues
from the day the invoice is past due.
A. In the event of default of payment when due, all costs of
collection, including attorney’s fees and court costs, shall be
paid by the applicant.
B. Any credit extended to the applicant may be reduced or
eliminated in the event Seller, in its sole reasonable discretion,
determines that the applicant's payment history, financial
situation or ability to pay is impaired.
7. SECURITY INTEREST. A security interest in all
goods and equipment purchased shall be retained by Seller
until payment in full has been received for such goods and
equipment, and Seller may file UCC-1 forms to perfect its
security interests.
8. TITLE AND DELIVERY. All shipments within the 48
contiguous United States by Seller shall be F.O.B. point of
shipment. Title to hardware products and risk of loss pass to
Buyer upon delivery to carrier at shipping point. Buyer shall
pay all transportation and storage charges. Seller will select
the carrier if Buyer does not. Claims for shortages must be
made within Ten (10) days after receipt of the order.
9. CONTINGENCIES. Seller shall not be responsible for
any failure to perform due to unforeseen circumstances or
to causes beyond its control. Examples of such causes are
acts of God, War, Riot, Embargoes, Acts of Civil or Military
Authorities, Fire, Floods, Accidents, Strikes or Shortages of
Transportation, Facilities, Fuel, Energy, Labor or Materials.
Seller may defer delivery for a period equal to the delay
caused by such contingency.
10. CANCELLATION.
A. Default. If Buyer defaults, Seller may decline to make
further shipments and/or may terminate Buyer’s order
without affecting Seller’s rights and remedies including, but
not limited to, any right to cancellation and bill-back charges.
If Seller continues to make shipments after Buyer default,
action shall not constitute a waiver nor affect Seller’s legal
remedies.
B. Cancellation: Standard Products. Buyer is responsible for
one hundred percent (100%) payment if any order scheduled
for delivery within thirty (30) days is canceled. Upon written
notice to Seller, Buyer may cancel any order for standard
products scheduled for shipment beyond thirty (30) days
after Seller receives Buyer’s cancellation notice. Buyer shall
be liable for any applicable bill-back charges resulting from
such cancellation. Buyer shall also pay, as a rescheduling/
restocking charge, twenty-five percent (25%) of the price
specified on order sheet for each canceled product unless
Buyer reschedules the order for delivery within one hundred
twenty (120) days.
C. Cancellation: Custom Products. If Buyer cancels orders
for products containing design, markings, packaging or other
specifications unique to Buyer, Buyer shall pay the following
cancellation charges in addition to any applicable bill-back
charges.
Percentage of Purchase Price
to be Paid Upon Cancellation Notice
Number of Days Before Scheduled Delivery
that Written Cancellation is Received
100 0-30
75 31-60
50 61-90
20 91-120
11. SEVERABILITY. In case any one or more of the
provisions or parts of a provision contained in this
agreement shall for any reason be held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect ay other provision or part
of a provision of this agreement but this agreement shall be
construed as if such invalid, illegal or unenforceable provision
or part of a provision had never been contained herein.
12. ARBITRATION. Any controversy or claim arising out
of or relating to this agreement shall, at the option of either
party, be settled by arbitration in accordance with the rules
of American Arbitration Association. Provided, however that
in the event of a violation of the provisions of paragraph 13,
General Digital shall be entitled to injunctive or other relief to
enforce its rights under this agreement without prejudice to
its rights under this paragraph. Such injunctive or equitable
relief shall not preclude the award of monetary damages, if
appropriate. The parties acknowledge that, by agreeing to this
provision, each waives its right to a jury trial in exchange for
a quicker and less expensive method of resolving any dispute
concerning this agreement or anything relating thereto.
13. CONTROLLING LAW. This Agreement shall be
governed by, subject to, and construed according to the
laws of the State of Connecticut. For purposes of applying
to Connecticut law, this Agreement shall be deemed to have
entered into and wholly performed in Connecticut. Buyer
warrants, and it is a condition of this acknowledgment,
that Buyer has complied, and will continue to comply with
applicable laws, regulations, and order of the United States
Government, and of any state or political subdivision
thereof, including all statutes, regulations, and directives
that are applicable to Buyer's purchase thereunder. Without
limiting the foregoing, Buyer further warrants that they
have complied with all applicable provisions of the Fair
Labor Standards Act of 1938, as amended; and all regulations
and orders issued by the US Department of Labor, as well
as US export regulations including, but not limited to, the
International Trafficking and Arms Regulations (ITAR).
Buyer further agrees to defend, indemnify and hold Seller
harmless from and against claims, losses, damages, costs and
expenses that may be sustained by reason of Buyer's failure to
meet any of the above requirements.
14. PROPRIETARY RIGHTS AND CONFIDENTIALITY.
A. Rights in any and all of Seller’s information, know-how,
trademarks, data, trade secrets, inventions, patents, plans,
drawings, specifications, processes, designs, etc., whether
or not acquired or reduced to practice during the course or
as a result of this order, shall remain the property of Seller
and Seller shall not be obligated to provide any of such
property to Buyer. Buyer shall obtain no rights in any of such
property and the price charged shall include no consideration
for such property unless specifically so stated on the face of
Seller’s Standard Terms and Conditions of Sale. Listing as a
separate line item and separately billing for Non-Recurring
Engineering (Engineering Services) does not accrue to Buyer
rights in any of the aforementioned property of Seller unless
specifically stated on the face of Seller’s Standard Terms and
Conditions of Sale.
B. Buyer acknowledges that propriety property of Seller is a
valuable business asset of Seller and that unauthorized use
or disclosure of such would result in irreparable damage to
Seller. Buyer agrees that it will:
•use proprietary information of Seller only for the purposes
intended and necessitated by this order, not otherwise use
or disclose any proprietary information of Seller without
Seller’s express informed written consent;
•take all reasonable precautions to insure protection against
use or disclosure;
•and return, at Seller’s request, all proprietary property of
Seller which is in the possession or control of Buyer.
C. Any data, information, specifications, processes, drawings,
designs, plans, know-how, etc. of Buyer supplied to Seller in
conjunction with this order must be considered free from
proprietary restrictions unless expressly agreed otherwise
in writing signed by and authorized by an officer of General
Digital Corporation.
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