TERMS OF SALEGOODS AND SERVICES SOLD BY GGC EMBROIDERY-GRAM'S GIFT CLOSET ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS IN BUYERâS PURCHASE ORDER OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON APPLIED UNLESS AGREED TO IN WRITING BY OWNER. BUYERâS ACCEPTANCE OF SHIPMENT OR PERFORMANCE AND/OR PAYMENT FOR THE GOODS OR SERVICES CONSTITUTES ACCEPTANCE OF GGC EMBROIDERY-GRAM'S GIFT CLOSET 's TERMS AND CONDITIONS.
PRICEPrices in effect at time of shipment of goods or performance of services shall prevail. All prices quoted by GGC EMBROIDERY-GRAM'S GIFT CLOSET are subject to change without notice. Prices do not include any present or future sales, use, excise, value-added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.
PAYMENT TERMSGGC Embroidery does not accept Purchase Orders. A 50% advance deposit is required on all orders paid by credit card, if payment is by check 100% payment must be made at the time of order and will be credited to your order at completion.
DELIVERYUnless otherwise noted, all sales of goods 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 Buyer. A standard shipping charge is applied to each invoice for goods for material preparation, packaging, freight and/or any additional items associated with each shipment based on the value and/or weight of the shipment. Additional charges for local delivery may also apply.
WARRANTIESGoods are sold as is. GGC EMBROIDERY-GRAM'S GIFT CLOSET MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED.
LIMITATION OF LIABILITYGGC EMBROIDERY-GRAM'S GIFT CLOSET 's liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, REGARDLESS OF CAUSE OR FAULT. This limitation of liability reflects a deliberate and bargained-for allocation of risks between GGC EMBROIDERY-GRAM'S GIFT CLOSET and Buyer and constitutes the basis of the parties âbargain, without which GGC EMBROIDERY-GRAM'S GIFT CLOSET would not have agreed to the price or terms of this contract. GGC EMBROIDERY-GRAM'S GIFT CLOSET shall not, under any circumstances, be liable for any labor charges without its prior written consent.
GGC EMBROIDERY-GRAM'S GIFT CLOSET SHALL NOT IN ANY EVENT BE LIABLEwhether as a result of breach of contract, 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 use of goods or associated products, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of Buyer for such damage. In addition, if GGC EMBROIDERY-GRAM'S GIFT CLOSET furnishes Buyer with advice or other assistance regarding any goods or services supplied hereunder, and which is not required pursuant to this contract, the furnishing of the advice or assistance will not subject GGC EMBROIDERY-GRAM'S GIFT CLOSET to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
ACCORD AND SATISFACTIONAny payment tendered to GGC EMBROIDERY-GRAM'S GIFT CLOSET in full satisfaction of a disputed debt shall be sent to: GGC EMBROIDERY-GRAM'S GIFT CLOSET , 13517 8th Ave SW, Burien, WA 98146 will not be bound by any endorsement or statement on any payment or in any letter accompanying a payment. The payment will not constitute an accord and satisfaction and GGC EMBROIDERY-GRAM'S GIFT CLOSET 's acceptance of the payment will not limit GGC EMBROIDERY-GRAM'S GIFT CLOSET 's right to pursue full payment and remedies.
CREDIT BALANCEAny credit balance issued will be applied within one (1) year of its issuance. IF NOT APPLIED WITHIN ONE (1) YEAR, THE BALANCE REMAINING SHALL BE CANCELLED, AND GGC EMBROIDERY-GRAM'S GIFT CLOSET SHALL HAVE NO FURTHER LIABILITY.
CANCELLATION AND RETURNSBuyer may cancel an order by mutual agreement based upon payment to GGC EMBROIDERY-GRAM'S GIFT CLOSET of reasonable and proper cancellation charges. Decorated or Special Order items are NOT subject to return.
FORCE MAJEUREGGC EMBROIDERY-GRAM'S GIFT CLOSET shall not be liable for failure to deliver or for delay in delivery or performance due to (i) a cause beyond its reasonable control, (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
FINANCIAL CONDITIONSGGC EMBROIDERY-GRAM'S GIFT CLOSET reserves the right by written notice to cancel any order or require full or partial payment or adequate assurance of performance from Buyer without liability. GGC EMBROIDERY-GRAM'S GIFT CLOSET reserves the right to suspend its performance until payment or adequate assurance of performance has been received. GGC EMBROIDERY-GRAM'S GIFT CLOSET also reserves the right to cancel Buyer's credit at any time for any reason. ASSIGNMENT OR DELEGATION: Buyer shall not assign or delegate any or all of its duties or rights hereunder without GGC EMBROIDERY-GRAM'S GIFT CLOSET 's prior written consent.
GENERALAll orders are subject to acceptance by GGC EMBROIDERY-GRAM'S GIFT CLOSET. Any representation, affirmation off act and course of dealing, promise or condition in connection therewith or usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of this agreement and the enforce ability or validity of the remaining provisions shall not be affected thereby.