The following terms and conditions shall apply to all purchases from Glass Brokers, Inc. (GBI):
1. Acceptance of Terms. All sales by GBI to the Buyer of GBI’s products and services will be governed by these terms and conditions. These terms of sale shall be the complete and exclusive statement of the terms of agreement between Buyer and GBI. By placing on order with GBI, Buyer indicates acceptance of these terms.
2. Prices. The prices of the products and services are those listed on GBI’s invoice, or the price specified in writing by GBI at the time Buyer places the order. Any volume-based discounts set forth will be rescinded if Buyer fails to meet the conditions on which the discounts are based. Prices are understood to exclude any taxes, government fees, and shipping charges.
3. Orders. Acceptance of orders by GBI is contingent upon the issuance of a written order confirmation by GBI. Customer may make changes to orders for twenty-four (24) hours after receipt of written order confirmation. Failure to do so will constitute acceptance of GBI’s order confirmation.
4. Payment. Payment is due in advance, either by check or credit card, unless credit is approved by GBI. If credit is granted, payment shall be due thirty (30) days after the date of the invoice, unless otherwise specified on the front of the invoice. Any late payments shall be assessed interest computed on a daily basis from the due date until paid in full at the rate of one and one-half percent (1 ½%) per month or the maximum rate permitted by law, whichever is less. GBI retains a security interest in the products delivered to Buyer, and in their accessories, replacements, accessions, proceeds and products, including accounts receivable to secure payment of all amounts due under this agreement. If customer fails to pay any amount when due, GBI shall have the right to repossess and remove all or any part of the collateral from Buyer, but not from Buyer’s customers.
5. Shipments. All prices quoted are F.O.B. our premises or those of our suppliers. Buyer agrees that all freight, delivery, taxes, or other government charges shall be paid by Buyer. Delivery is considered complete upon delivery of products to the carrier.
6. Inspection and Acceptance; Returns. Customer shall have the right to inspect the products at the time and place of delivery before paying for or accepting them. The products shall be deemed accepted by Buyer unless notice of defect is received within thirty (30) days of shipping thereof and the product is returned to GBI within sixty (60) days of shipping. The product must be in its original packaging and be in new condition. GBI will accept no returns without prior written approval. If GBI determines that the products do not conform to the contract, GBI will either replace the nonconforming goods or accept their return and credit Buyer’s account to the extent Buyer has paid GBI for said goods. The above constitutes Buyer’s only remedy for breach of warranty by GBI with respect to the product. Buyer shall be responsible for all costs associated with the return of a product.
7. Warranty. GBI warrants to Buyer that all products will conform to and perform in accordance with the applicable current specifications, which are based on the specifications of the suppliers of GBI This warranty does not apply to any product that has been subjected to misuse, abuse, accident, disaster, or which has been used contrary to current instructions. The foregoing constitutes the sole warranties, express or implied, given by GBI in connection with the products. GBI disclaims all other warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights. GBI assumes no liability for consequential damages, anticipated or lost profits, incidental damages, loss of time, or other losses incurred by Buyer or any third party in connection with the products.
8. Governing Law and Venue. This agreement, the entire relationship between GBI and Buyer, and any litigation or other legal proceeding between Buyer and GBI shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its choice of law rules. This contract is fully performable in Luzerne County, Pennsylvania.
9. Force Majeure. GBI shall not be liable for delays or failure to perform hereunder for any cause beyond the control of GBI, including without limitation: fire, flood or other casualty or Act of God; strikes or other labor trouble; shortage of labor, materials, fuel, or production facilities; delay or interruptions in transportation; war; embargoes; legal restrictions or actions of any governmental authority.
10. Limitation of Liability. GBI’s aggregate liability to Buyer for claims relating to the products is limited to the amounts Buyer has paid to GBI for the products.
11. Indemnification. Buyer agrees to defend, indemnify and hold completely harmless GBI from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from proceedings related to your use of the products purchased from GBI
These terms and conditions are subject to change at any time at the sole discretion of GBI.
