Standard Terms And Conditions
All sales of GGG (aka GOLD GLASS- ALP) are subject to, and conditioned on the acceptance by purchaser of, the following terms and conditions:
All products sold by GGG are warranted to be free of defects in material and workmanship. In the event of a defect in material or workmanship which causes the GGG product to be defective, GGG will, at its option, repair or replace the product, free of charge. This warranty is effective only if the GGG product is installed properly and in accordance with all specifications industry standards. Failure to install properly and failure to use the GGG product in accordance with its specifications immediately voids this warranty. In addition, any modifications to the GGG product will likewise void this warranty.
This warranty does not cover any loss or indirect, incidental, consequential or punitive damages arising out of the product or the use, or inability to use the product or any other damages related to installation or use of the product, such as re-installation charges, labor charges or costs of automotive glass, and GGG expressly disclaims all liability except for the obligation to repair or replace a defective product as provided herein.
All claims are subject to inspection, and GGG retains the right to deny claims based on its inspections.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THE OBLIGATION AND LIABILITY OF GGG UNDER THIS WARRANTY AND OTHERWISE SHALL BE LIMITED TO A REPAIR OR REPLACEMENT OF THE DAMAGED PRODUCT ONLY.
PURCHASER’S REMEDIES. The Purchaser’s remedies with respect to any products sold by GGG hereunder that is found not to be in conformity with the terms and conditions of the purchase order shall be limited exclusively to the right of credit for the price of the non-conforming product. In no event shall GGG be liable for damages or claims (whether based upon breach of contract, breach of express or implied warranty or negligence or otherwise) for any other damages, whether direct, indirect, immediate, foreseeable, consequential, punitive or special or for any expenses incurred by reason of the use or misuse, sale or fabrication of products which do or do not conform to the terms and conditions purchase order.
LIMITATION OF LIABILITY. The sale of products hereunder is undertaken by GGG only upon the condition that the following limitation of liability is expressly accepted by purchaser:
IN NO EVENT SHALL GGG BE LIABLE FOR DAMAGES OR CLAIMS (WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY OR NEGLIGENCE OR OTHERWISE) FOR ANY OTHER DAMAGES, WHETHER DIRECT, INDIRECT, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL,PUNITIVE OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH DO OR DO NOT CONFORM TO THE TERMS AND CONDITIONS PURCHASE ORDER.CANCELLATION. Purchaser may not cancel an order which has been accepted by GGG. 01\468\StandardConditionsOFsale 11-8-16
OVERDUE CHARGES. An overdue charge of 1-1/2% per month shall be charged on all past-due invoices. All Accounts are payable in United States funds, free of exchanges, collection or any other charges. TAXES. Unless otherwise specifically noted, the amount of any sale, use, occupancy, excise tax, or other tax, of any nature, federal, state, or local, either initially or through failure of payment by Purchaser, shall be added or be in addition to the price quoted and Purchaser agrees to pay the same to GGG.
SHORTAGES AND DAMAGE IN TRANSIT. Claims for shortages and or damages must be made in writing within 5 business days after receipt of shipment. In addition, the purchaser must make sure the shipment quantities match the shipping label, bill of lading or any other shipping documents. If there are missing or damaged boxes/pallets it is the customer's responsibility to note this on the shipping carrier's documents. We cannot be held responsible for lost or damaged shipments if the customer has signed for them and/or not noted this on the carrier’s documents. DELAYS. All promises of shipment are estimated as closely as possible, and GGG will use its best commercial efforts to ship within the time promised but we do not guarantee to do so, and assume no liability for not doing so.
GOVERNING LAW; FORUM, The contract shall be governed by, construed, and enforced in accordance with the laws of the State of New York. Any dispute related to this purchase or this contract shall be brought exclusively in the courts sitting in the State of New York.
NO WAIVER. The failure of GGG to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of the contract or to exercise any right thereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such rights, nor shall it be deemed to be a waiver or relinquishment of any other term, covenant, or condition, or the exercise of any other rights under the contract.
FORCE MAJEURE. Any delays in or failure of performance of GGG shall not constitute default or give rise to any claims for damages if and to the extent that such delay or failure, is caused by occurrences beyond the control of GGG, including, but not limited to, acts of God, expropriation or confiscation of facilities, compliance with any order or request of any government authority, acts of war, rebellion or sabotage or damage resulting therefrom, embargoes or other export restrictions, fires, floods, explosions, accidents, breakdowns, riots or strikes, other concerted acts of workmen, whether direct or indirect, or any other causes whether or not of the same class or kind as those specifically above named which are not within the control of GGG.
PURCHASER’S ACCEPTANCE OF ABOVE CONDITIONS. GGG’s offer to sell is expressly conditioned upon acceptance by purchaser of these terms and conditions. GGG shall not be bound by any term or condition set forth in purchaser’s purchase order that is contrary to a term or condition set forth herein. No waiver alteration or modification of the terms and conditions in this order acknowledgment shall be binding unless in writing and signed by an authorized representative of GGG.