Terms & Conditions of Sale
- All goods and services sold , traded or supplied by Griffiths Technical Incorporated (hereinafter “GTI”) to the Buyer (hereinafter “Buyer” herein shall include the buyer, buyer’s agents, employees, representatives, officers, suppliers, contractors and customers) are expressly subject to the terms and conditions set forth herein. Any different or additional terms or conditions set forth by the Buyer in “purchase orders, packing lists, request for quotations” or in any form of communication are null and void and shall not be binding upon GTI unless agreed to in writing by an authorized corporate officer of GTI. The terms and conditions herein constitute the entire agreement between GTI and the Buyer. Any representation, affirmation of fact of course of dealing, promise or condition in connection therewith or usage of trade not incorporated herein, shall not be binding on GTI. If any provision or part of such provision hereof shall be unenforceable, invalid or void for any reason, the remaining part thereof or provisions of this Agreement shall not be affected thereby. All disputes relative to this Agreement shall be resolved in the State of New Jersey unless noted otherwise by GTI in writing.
- When a core-exchange is involved with any product in this invoice/agreement, the Buyer is purchasing a core through GTI. Core refunds are subject to GTI’s determination as to whether the Buyers returned core can be economically rebuilt. GTI reserves the right to either (I) withhold core refunds or (ii) issue partial core credit/payments (as determined by GTI) when returned cores are not the same part number, make and revision, or when core components are damaged or missing, or when cores have been disassembled. Unacceptable or incorrect cores, at GTI’s discretion, may be either: (a) returned to the Buyer at the Buyer’s expense, or (b) disposed of by GTI without any liability to GTI for such action. Core charges may be forfeited, without any liability to GTI, if acceptable cores are not returned to GTI within 30 calendar days from date of the GTI invoice. Where GTI supplied the Buyer a product without charging for a core, the Buyer shall supply GTI , at the Buyers expense, an acceptable core (as determined by GTI) within 30 calendar days from the date of the GTI invoice or pay GTI for the core (value of such as determined by GTI) within the same time period. GTI reserves the right to refund core charges by either a credit memo, credit card credit or company check. GTI will attempt to refund core charges within 30 business days of return . All cores shall be returned in suitable packaging, freight prepaid and insured at Buyer’s expense. Cores damaged in transit as a result of improper packaging or handling are the responsibility of the Buyer. The Buyer shall not deduct core charges or returns from payments due to GTI without a valid written credit memo issued by GTI.
- If GTI furnished or failed to furnish the Buyer with advice or any assistance which concern any goods or services supplied hereunder, or any system or equipment in which any such goods or service may be tested, maintained, serviced or installed, the furnishing of such advice or assistance or failure to furnish such advice or assistance will not subject GTI to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
- Buyer shall not assign this Agreement, any order or any interest therein without written authorized consent of GTI.
- Any cancellation, stop order, rescheduling, quantity or item change, must be approved in writing by GTI prior to such action. GTI may choose to hold the Buyer liable for any changes to this Agreement including but not limited to the total invoice amount, administrative costs, restocking fees, rescheduling costs, shipping costs, legal costs and other charges. Goods shall not be returned to GTI without prior written approval from GTI. GTI, at its discretion, may charge the Buyer a 15% restocking charge based on the total original invoice amount. GTI is not responsible for unauthorized returns or any costs or losses associated with the same. Buyer assumes full responsibility for return goods and costs related there to. Additional terms related to “returns” are noted further below.
- GTI shall not be held liable for any delay in or impairment of performance resulting in whole or in part from either Acts of God, labor disruptions, shortages, inability to procure, produce or supply goods or services, weather conditions, freight or mail carriers, or any other circumstance or causes beyond the control of GTI. GTI shall not in any event be liable whether as a result of breach of contract, agreement, warranty, tort (including negligence) or other grounds for incidental, special or consequential damages including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use of the goods or any associated product, cost of capital, cost of substitute products, facilities or service, use, downtime costs, legal costs or other claims for such damage.
- Buyer shall comply fully with all payment terms stated herein. Buyer agrees to pay GTI for any/all expenses, fees, charges and/or costs incurred by GTI as a result of Buyers inability or failure to comply with terms of payment. Buyer, in order to provide security for the payment of the full invoice amount hereunder, grants GTI security interest in said goods however GTI reserves the right to refuse security interest at any time. Buyer agrees to execute any documents or furnish information necessary (at no charge to GTI) to perfect this security interest. Unless otherwise noted, all sales are made F.O.B. point of shipment and, in all cases, title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon the Buyer. Buyer is responsible for taxes, surcharges, import duties and value added taxes where applicable. If GTI allows for payment by check and your check is returned for non sufficient funds, or cannot be cashed or deposited for any reason we may debit your checking account for the check amount plus any fees incurred of the maximum amount allowed by NJ State law.
- GTI does not guarantee, warranty or make any claims (written or verbal) that the goods or services supplied hereunder comply with any manufacturers, association, group, council, city, borough, township, providence, county, state or federal, standards, specifications, systems, components, drawings, part numbers, bills of materials, applications or safety codes. The Buyer is held fully responsible for confirmation, determination and application of goods and services including but not limited to form, fit, function, installation, or maintenance.
- No warranty or affirmation of fact, express or implied, other than as set forth in the Limited Warranty statement below is made or authorized by GTI. GTI DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS OR PERSONAL INJURY CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, IMPROPER INSTALLATION OR MAINTENANCE., AND ANY DESCRIPTION OR PART NUMBER DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY- ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. GTI shall not be liable to the Buyer whether based on contract, agreement, warranty, tort (including negligence) or other grounds for personal or property damage.
- Buyer shall indemnify and save harmless GTI from and against all claims for bodily injuries, including death, or damage to property caused by any negligent act or omission of GTI in connection with the exchange of materials, goods, services under of this Agreement. Buyer will assume all risks of injury, death or damages (material or bodily) as may occur as a result of or related to: transactions, purchasing, receiving, accepting, utilizing, incorporating, transferring or reselling any goods or service provided by GTI. Buyer will assume all risks of injury, death or damages (material or bodily) as may occur as a result of or related to: transactions, purchasing, receiving, accepting, utilizing, incorporating, transferring or reselling any goods or service provided by GTI. The Buyer releases GTI from any and all claims the Buyer might have now or initiate in the future against GTI for injury, death or damages (bodily or material) resulting from or related to transactions, purchasing, receiving, accepting, utilizing, incorporating, transferring or reselling any goods or service within this contract or as a result thereof . The Buyer will hold GTI harmless from any and all claims the Buyer might have now or initiate in the future against GTI for injury, death or damages (bodily or material) resulting from or related to transactions, purchasing, receiving, accepting, utilizing, incorporating, transferring or reselling any goods or service within this contract or as a result thereof. The Buyer understands and agrees that this agreement shall apply even if the injury, death or damages (bodily or material) results from GTI’s active or passive negligence. The Buyer understands and agrees that GTI has not and will not inspect, regulate or control the goods or services herein or referred to hereunder.
- LIMITED WARRANTY: Refer to our Warranty page on this website.
- “Returns” are defined as goods purchased directly from GTI by the Buyer which the Buyer wishes to return. GTI reserves the right to refuse any return or request for a return. All returns must be pre-approved by GTI and with a written authorization and authorization number issued by GTI. Opened, used or damaged goods can not be returned. Returns sent to GTI without GTI’s written consent are not the responsibility of GTI and no credit will be issued. All returns are subject to GTI’s inspection. All returns must in their original packaging however the Buyer is responsible to insure all packaging will properly protect the goods while in transit. Return packaging , freight an other related return costs are the Buyer’s responsibility. Returns must be shipped FOB delivered, prepaid freight and insured through a freight carrier who offers traceability. All returns must be shipped with a copy of the original GTI invoice, to include both sides of the invoice agreement. GTI is not responsible for return goods damaged or lost in transit. GTI reserves the right to credit returns with “store credit” or by crediting back the original credit card used when the goods were purchased. Store credit is good for 1 year from the date the credit is issued. Issuance of credit shall be attempted within 30 days of receipt of the goods. A 15% restocking will be charged for all returns. Outbound freight charges, or other fees or charges listed on the original invoice, or duties, brokerage and related import fees in cases of exported goods are not refundable. Special orders or customized goods are not returnable.