All shipments are C.O.D. unless terms have been approved in writing by GLOBAL IMPACT PRODUCTS Credit Department prior to accepting and/or manufacturing of order. If the financial responsibility of the Buyer is unsatisfactory, or becomes impaired, or if the Buyer fails to make payments in accordance with terms of the contract, then GLOBAL IMPACT PRODUCTS may in its sole discretion defer or decline to make any shipments except upon receipt of satisfactory security or cash payments in advance, or GLOBAL IMPACT PRODUCTS may terminate the contract.
A deposit of 50 % is required on all custom color, custom finish, or large quantity orders
GLOBAL IMPACT PRODUCTS assumes no responsibility for delays caused by Strikes, Carriers, Embargos, Fires, Hurricanes, Tropical Storms, Floods, Riots, Wars, Lockouts, acts of God or other causes beyond our control.
GLOBAL IMPACT PRODUCTS shall have no liability for consequential or incidental damages to persons or property arising from its manufacturing or supply of products. If its products are not warranted, as set forth below, Buyers sole remedy will be, at GLOBAL IMPACT PRODUCTS election, repair by GLOBAL IMPACT PRODUCTS, replacement of the product or credit of the purchase price. Prior written approval from GLOBAL IMPACT PRODUCTS must be secured before returning any merchandise for credit.
It is expressly agreed that there are no promises, agreements, or understandings outside of this written contract.
Buyer shall inspect the goods upon receipt and promptly notify GLOBAL IMPACT PRODUCTS in writing of any claim that the goods are nonconforming within 48 hours. GLOBAL IMPACT PRODUCTS shall be allowed reasonable opportunity to inspect and cure any claim of alleged non-conformity. Buyer may arrange to inspect at the place of manufacture provided inspection does not interfere with GLOBAL IMPACT PRODUCTS’s operations and the consequent approval or rejection shall then be made before shipment of the goods
All orders are subject to, and Buyer is bound by GLOBAL IMPACT PRODUCTS’s Terms of Sale without change, unless otherwise set forth in writing and accepted in writing by GLOBAL IMPACT PRODUCTS. To the extent any other terms and /or conditions from any other source, including Buyer, are deemed to conflict with GLOBAL IMPACT PRODUCTS’s Terms of Sale, GLOBAL IMPACT PRODUCTS’s Terms of Sale will govern.
This agreement shall be governed and construed according to the laws of the State of Florida.
Under no circumstances shall GLOBAL IMPACT PRODUCTS be liable to or agree to indemnify Buyer or any third party for any loss, costs, damage, or expense (including attorney’s fees) resulting from Buyers or any third party’s actions or conduct. Buyer shall indemnify and hold GLOBAL IMPACT PRODUCTS and its employees, agents, assigns and heirs harmless from and against any loss, cost, damage, or expense (including attorney’s fees) resulting from any charge or claim of personal injury or property damage arising out of Buyers installation or use of the product or Buyer’s negligence or willful misconduct weather by act or omission.
GLOBAL IMPACT PRODUCTS provides a 1-year warranty (3 years on condominiums). Its terms are set forth in GLOBAL IMPACT PRODUCTS’s separate warranty certificate available on request. GLOBAL IMPACT PRODUCTS will not accept, and the warranty does not cover any charge or expense, including labor for modification, removing, transporting, inspecting, or installing the goods. GLOBAL IMPACT PRODUCTS may void the warranty upon products for which GLOBAL IMPACT PRODUCTS has not been paid. GLOBAL IMPACT PRODUCTS’s warranty as provided to Buyer may only be modified upon written approval of GLOBAL IMPACT PRODUCTS’s President or Vice President (s). Any verbal representations intended to modify any existing GLOBAL IMPACT PRODUCTS warranty shall be invalid and unenforceable against GLOBAL IMPACT PRODUCTS
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