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Terms and Conditions of Sale
terms and conditions of Sales (“Terms”) constitute the complete and
final agreement and understanding between purchaser (“Buyer”) and Golden
Inc., a California corporation (“Seller”, or “Golden Gear”). Golden
of any order is expressly conditional upon Buyer’s agreement to the
Terms. Golden Gear Inc. retains the right to modify these Terms and
Conditions at any time,
and any such modification shall be effective for all Buyers when adopted
by Golden Gear Inc. and published at www.goldengearinc.com.
Minimum order requirement is
$300 plus shipping and $20 handling. Handling fee is waived for order
$500. Standard payment term is prepay before shipment. If Buyer fails to
payment to Golden Gear Inc, the entire order will be held until payment is
from bank. In case of default by Buyer, Golden Gear Inc. may cancel any
order(s) from Buyer. Each check returned to Golden Gear Inc. for NSF will be
$30 fee. Buyer agrees to assume and pay any and all costs of collection
of any valid debt, including reasonable attorney's fee, cost of suit,
and any other expense connected to collection. Golden Gear Inc. reserves the
right to refuse orders from any Buyer for any
ORDER CONFIRMATION: Pricing and availability of
products is subject to change without notice. In-stock products are reserved
for a Buyer only after price and quantity is confirmed by an invoice. Orders that are confirmed
and/or processed for shipment cannot be changed. Standard turnaround time is
24-48 hours (1-2 business days) from payment cleared to shipment for in-stock
items. More time may be requited for special request or packaging. Expedite
requests may be subject to an additional fee.
FREIGHT: Golden Gear Inc. will select UPS or
another common freight carrier, unless otherwise directed by Buyer. Additional
shipping insurance is available at Buyer's expense. If Buyer has special
packing and shipping requests, those must be stated in writing when placing
orders, and are subject to Golden Gear's approval. To immediately, upon receipt
examine the product delivered, Buyer agrees to advise Golden Gear Inc of any shipment
or package loss, missing or damage within one (1) business day.
DELIVERIES: Quotation of shipping dates is
based on best information available from common carriers. Golden Gear Inc. shall not
be held for any damage, consequential or otherwise, arising from any delay or
late delivery beyond Golden Gear’s control.
DELAY: If buyer request deferral of
deliveries, Golden Gear’s agreement to defer delivery shall not excuse Buyer
from its obligation to pay for the goods at the same time and in the same
quantities as the original delivery schedule. In addition to adhering to the
original payment, Buyer shall pay such storage charges as Golden Gear may access
for storing the goods awaiting delivery. Unpaid orders won’t be reserved for deferral
shall inspect products upon receipt and must give Golden Gear Inc.
notice within three (3) business days after the date of delivery, of any
shortage or perceived error. Failure of the Buyer to inspect and give
required shall constitute a waiver of any shortage or error. A shipping label may be issued to return incorrect product
ERROR: Golden Gear Inc. reserves the right to
correct clerical or stenographic errors or omission.
WARRANTY: Golden Gear Inc offers a Limited thirty (30) days Warranty
against defects in materials and workmanship. All products claimed to be
defective shall be held subject to inspection and confirmation of use according to manufacturer's
recommendations by Golden Gear before warranty is
honored. No returns for
credit will be allowed without Golden Gear’s prior permission. Golden
the option to repair or replace products or credit original purchase
price. Golden Gears liability for breach of warranty hereunder is
limited solely to the
replacement of the defective good, which shall be returned to Golden
the purchase price excluding shipping. Failure to give notice of
within thirty (30) days from
date of the delivery shall constitute a waiver of warranty.
Golden Gear Inc. warrants the goods supplied under an invoice (the “Goods”) shall conform to
the description stated. The foregoing warranties is Golden Gear's
sole warranty with respect to these goods. Except as provided herein,
Golden Gear disclaims all warranties, express or implied, including any
merchantability, fitness for a particular purpose or noninfringement.
no event shall Golden Gear be responsible under its warranty for any defect that
is caused by negligence of buyer or a third party, static discharge, misuse of
a product or mistreatment of a product.
Golden Gear Inc. shall have no responsibility for any product that has been altered or modified
in any way. Golden Gear Inc. shall have no liability or responsibility for any
components or labor added to any product after receipt by the Buyer.
Golden Gear Inc. shall have no responsibility to the extent and defect or failure is caused
by non-compatibility of the products with the other components used by Buyer.
is expressly agreed that any technical information or suggestions
furnished by Golden Gear Inc. with regard to the use of its products is
given as a gratuity only. Golden Gear Inc. assumes no obligation or
liability for the information or results
obtained. Any information is provided solely at Buyer’s risk. Buyer
sole responsibility for determining the suitability of the product for
intended use and Buyer is solely responsible for the design, data input,
specifications, subsequent manufacture, and use of the product sold.
Golden Gear Inc.
shall not be liable for any consequential injuries or damages, or for
for labor loss of profit, repair, transportation, or other expense
to replacement of the material and/or products sold as component or
incorporated into a system of its own design and sold as such a system
item(s) must be in original packing and attached with your name,
shipping address, contact number, brief description of problem, a copy
of your receipt of purchase. Shipping charges for product returns are
non-refundable. Golden Gear Inc. reserves the right to charge a 20%
restocking fee on all returned items.
Return shipping charges are the customer's responsibility. If the
incorrect product was shipped by our error, a shipping label may be
issued to return the items. Golden Gear Inc. recommends that you ship
your return package using a carrier that offers shipment tracking and
insure the package for full value of the shipment so you are protected
if the shipment is lost or damaged in transit.
INDEMNITY AND LIMITATION
OF LIABILITY: Buyer
agrees to indemnity and hold harmless
Golden Gear from any claim, award, liability, expense, judgment, or
including reasonable attorneys' fees and cost of suit, for any matter
from or relating to Buyer's purchase, installation, re-sale or use of
to the extent allowable by law. Buyer expressly understands and agrees
that Golden Gear Inc. and its affiliates, employees, agents, and
partners shall not be
liable for any direct, indirect, incidental, special , exemplary,
or punitive damage of any kind including lost of profit, goodwill, use,
intangible losses resulting from use, or inability to use, products or
services, the cost of procurement of substitute goods and services,
may be required for the replacement of the said product, whether for
warranty, negligence, on the basis of strict liability, or for any other
to the fullest extent allowable by law. Golden Gear's liability to
whether in contract, in tort, under any warranty, or in negligence,
exceed the return of the amount of the purchase paid by Buyer and under
shall Golden Gear be liable for special, indirect or consequential damage. No action, regardless of form,
arising out of the transactions under this invoice may be brought by Buyer more
than one (1) year after the date of this invoice.