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Gordon, Inc. Terms of Quotation
and Conditions of Sale ( Printable
PDF)
1)
All quotations and orders derived
from quotations are subject to the terms listed below. Gordon, Inc. objects
to any different or additional terms of conditions in any communication or document
from the purchaser, agent or others having involvement with this quote or orders
derived from this quote.
2)
All orders derived from this
quote are subject to acceptance at Gordon, Inc’s. offices at 5023 Hazel Jones Road,
Bossier City, La.
3)
Payment of invoices is due
30 days from the date of invoice, without discount, and payable in United States
funds.
4) Acknowledged shipment dates are not to be construed as
guaranteed or absolute. Gordon, Inc. shall not be liable
for failure or delay in delivery caused by, but not limited to, acts of god, differences
with workmen, labor shortages, fire, flood or other casualty, government regulations
or requirements, shortages or failure of raw materials, supplies, fuel, power, or
transportation, breakdown of equipment, or any other causes beyond Gordon, Inc’s.
reasonable control. In no event shall Gordon, Inc. be liable for any consequential
damages or claims for labor resulting from failure or delay in delivery. Acceptance
by the purchaser of any goods shall constitute a waiver by the purchaser of any
claim for damages relating to the delivery date of such goods.
5)
Claims by the purchaser must
be made promptly upon receipt of freight shipments and Gordon, Inc. given an opportunity
to investigate. Gordon, Inc. shall incur no liability for damages, shortages,
or other causes alleged to have occurred or existed at or prior to delivery to the
freight carrier unless purchaser shall have entered full details thereof on its
receipt to the freight carrier.
6)
Purchaser’s exclusive remedy
for breach of warranty as to any term hereof and Gordon, Inc.’s only liability for
any goods, shall be replacement or repair of such goods, or repayment to purchaser
of the purchase price upon return of such goods at the option of Gordon, Inc.
The purchaser is charged with the responsibility not to use damaged goods.
Any consent by Gordon, Inc. shall be at the purchaser’s risk and expense.
In no event shall Gordon, Inc. be liable for any special, direct, indirect, or consequential
damages or claims for labor.
7)
Title to products sold hereunder
shall pass upon delivery to the freight carrier at the point of shipment.
Unless otherwise expressly requested, Gordon, Inc shall determine method of shipment.
8)
If purchaser fails to comply
with any provisions or to make payments in accordance with the terms of this contract
or any other contract between the purchaser and Gordon, Inc., Gordon, Inc. may defer
further shipments or, without waiving any other rights, terminate this contract.
All deliveries shall be subject to the approval of Gordon, Inc. credit department.
Purchaser reserves the right before making any delivery, to require payment in cash
or security for payment, and if purchaser fails to comply with such requirement,
Gordon, Inc. may terminate this contract.
9) There are no understandings, terms
or conditions not fully expressed herein. No agent or representative of Gordon,
Inc.has authority to modify, rescind, or revise any of the terms and conditions
contained herein. Any such revision must be in writing signed by an officer
of Gordon, Inc.
10)
There is no implied warranty
or condition except an implied warranty of title to, and freedom from encumbrance
of the products
sold
hereunder, and in respect of
products bought by description that they are of merchantable quality.
11)
All returns must be approved
in writing by Gordon, Inc. prior to shipment. All items must be returned prepaid.
A re-stocking charge will be applied to all standard items returned. Special
items are not returnable. Orders for special items that are cancelled are
subject to charges equal to the value of the material at current stage of production
plus reasonable tooling costs and engineering fees and other related costs.
12) The complexities involved in extruding
aluminum components preclude production of exact quantities. All orders for
special “custom” materials are subject to an overage shipment not
to exceed 3% of each item. Every effort will be made to keep over shipment
to a minimum.
13) Stenographic, clerical, or obvious
errors are subject to correction without liability. All prices are subject
to change by Gordon, Inc. without notice unless otherwise specified.
14) The products sold hereunder shall
be subject to Gordon, Inc’s. and industry standard manufacturing variations, tolerances
and classifications. Inspection and acceptance of products sold to conform
to special specifications must be made at Gordon, Inc. works and shall be final.
15)
Gordon, Inc. is not responsible
for the collection of any sales tax, unless previously arranged, with respect to
any of the products
sold
hereunder. Purchaser is responsible for remitting any applicable taxes to
the proper authority.
16) Failure of either party to enforce
any right hereunder shall not waive any rights in respect to other occurrences.
17)
The purchaser and Gordon, Inc.
mutually agree that the agreement growing out of this transaction, regardless of
the place of its
physical execution, shall be treated as though executed
within the state of Louisiana and be interpreted within the purview of the
laws and
statutes of the state of Louisiana and the United States of America.
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