Terms of Sales

  • PRICES AND MERCHANDISE: Gerber Hinge Company ("Seller") agrees to furnish the merchandise as listed on the front side of this agreement and Customer, as named on the front side of this agreement, shall accept said merchandise and pay for it at the prices listed on the front side of this agreement. Additional merchandise requested by Customer shall be provided to Customer at the prices current at the time they are provided. Any changes in quantity, type, style, finish, or color shall be subject to the terms of this agreement.
  • PAYMENTS AND CREDIT ACCOUNTS: All merchandise shall be paid for upon delivery unless Customer applies for and Seller provides a credit account. A Customer who has a credit account shall pay all charges by the tenth (10th) day following the date of invoice (the "due date"). If full payment on a credit account balance is not made within thirty (30) days of the due date Seller may elect to revoke credit privileges on all future purchases or future deliveries under this agreement.
  • FORCE MAJEURE: Seller is not liable for any delays in performance due to unforeseen circumstances or due to causes beyond its control including, but not limited to, acts of government, labor disputes, delays in transportation, delays in delivery, and/or inability to deliver by Seller's suppliers. 4. TAXES: Seller shall charge Customer for any excise taxes, sales taxes, or use taxes incident to this transaction for which Seller may be liable or which Seller is required by law to collect.
  • PERFORMANCE: Seller shall not be required to proceed or continue with performance of Customer's order while Customer is in default under this or any other contract with Seller or while any proceedings by or against Customer are pending for appointment of a receiver or under any insolvency law or for relief under any provisions of the Federal Bankruptcy Act.
  • DESCRIPTION OF GOODS: It is the intent of the parties to rely on the description of the goods contained in this contract rather than rely on any samples shown to the Customer or any other description provided to Customer.
  • EXPRESS WARRANTY: Seller warrants that the goods sold under this agreement will be free from defects in material and workmanship for a period of twelve (12) months, and this warranty will be limited to the repair/or replacement of the parts. IT IS EXPRESSLY AGREED THAT THIS WARRANTY WILL BE IN LIEU OF ALL WARRANTIES OF FITNESS AND IN LIEU OF WARRANTY OF MERCHANTABILITY. THE WARRANTY SET FORTH HEREIN IS THE EXCLUSIVE AND ONLY WARRANTY SELLER MAKES TO CUSTOMER. No warranties are extended under this agreement for finishes provided by Seller under this agreement. Seller provides no warranties to Customer as to any finishes applied by Customer. No warranties are extended to any products, which are altered in any way by Customer.
  • WARRANTY CLAIMS: To make a claim on any warranty set forth in this agreement the Customer must return without delay at the customer's cost the defective merchandise as well as dated sales receipts to the distributor or dealer from which it was purchased. The distributor or dealer will then forward the return to Seller. If, following inspection, the product proves to be defective and is covered by warranty; it will be promptly repaired or replaced by Seller at Seller's option before being returned to distributor or dealer for delivery to the Customer. Seller is not responsible for any labor or material charges otherwise incurred unless agreed in writing. Seller reserves the right to make changes or improvements to its products without incurring any obligation to similarly alter products previously purchased by Customer.
  • DAMAGED GOODS: Seller is not responsible for any damage caused by impact, tampering, mishandling, or abuse nor metal deterioration caused by exposure to atmospheric conditions beyond Seller's control. Rust points may occur when products are exposed to normal atmospheric conditions. The rust points are considered as part of the aging process and contribute to the authentic finish of the product. Seller is not liable for any labor nor any other costs related to the sale, installation, use, or replacement of its product.
  • SELLER'S RIGHT OF INSPECTION: Seller shall have the right prior to accepting the return of any item under this contract or repairing any item under this agreement to inspect the products sold.
  • RETURNS: All items must be returned within ten (10) days of date of purchase and require a “Return Goods Authorization” (RGA). The RGA must be accompanied with an invoice (packing slip not acceptable). All returns are subject to inspection and a twenty-five percent (25%) restocking fee. All returns after ten (10) days of receipt of merchandise will be issued as credit but the Customer will not be entitled to a cash refund (store credit only). Store credits are valid for six (6) months after issue. No returns will be accepted after forty-five (45) days. Finish is non-refundable.
  • SHORTAGES: CUSTOMER IS RESPONSIBLE FOR INSPECTING ALL SHIPMENTS WITHIN SEVENTY-TWO (72) HOURS OF RECEIPT AND REPORTING BACK TO SELLER ANY SUCH SHORTAGES WITHIN SEVENTY-TWO HOURS OF RECEIPT.
  • SHIPMENTS OF PRODUCT: Shipments of product purchased are subject to Seller's availability schedule and stock. Seller shall make every reasonable effort to meet any delivery dates promised; however, Seller will not be liable for its failure to meet a particular date.
  • RETURN CHECKS: In the event Customer's check is returned, Customer shall be subject to a twenty-five dollar ($35.00) fee for its returned check.
  • SEVERABILITY AND COSTS OF ENFORCEMENT: If any provision of this agreement shall be found to be invalid, all of the remaining terms and conditions shall remain in full force and effect. If the Seller is required to incur any legal expenses or costs related to enforcement of this agreement, Customer shall be responsible for the payment of all such reasonably incurred legal costs and attorney's fees.
  • INTEGRATION: This agreement contains the entire agreement of the parties. The pages contained in this agreement contain the entire agreement of the parties and neither party shall have any right to modify or change the agreement without the express written consent of the other. There are no promises, terms, conditions, or obligations other than those contained herein.
  • PARTIAL RETURNS: It is agreed that if Customer should accept only a part of the goods delivered pursuant to this contract, the provisions within this contract dealing with credit terms shall not apply and Customer shall pay in full by cash or certified check the price set forth above for the accepted goods. Any partial acceptance by Customer of any shipment of goods pursuant to this contract shall be limited to a minimum of fifty percent (50%) of any single shipment.
  • MANNER OF ACCEPTANCE: It is agreed that the retention by the Customer for a period of forty-five (45) days of any installment shipment of goods sold under this agreement shall constitute an irrevocable acceptance of the goods contained in the shipment.