Terms & ConditionsTerms and Conditions of Sale
These terms and conditions of Sales (“Terms”) constitute the complete and final agreement and understanding between purchaser (“Buyer”) and Golden Gear Inc., a California corporation (“Seller”, or “Golden Gear”). Golden Gear's acceptance 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.
TERMS: Minimum order requirement is $300 plus shipping and $20 handling. Handling fee is waived for order over $500. Standard payment term is prepay before shipment. If Buyer fails to make payment to Golden Gear Inc, the entire order will be held until payment is clear from bank. In case of default by Buyer, Golden Gear Inc. may cancel any outstanding order(s) from Buyer. Each check returned to Golden Gear Inc. for NSF will be charged $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 reason.
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 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 of deliveries.
SHIPMENT SHORTAGE/ERROR: Buyer 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 notice as required shall constitute a waiver of any shortage or error. A shipping label may be issued to return incorrect product shipped.
ERROR: Golden Gear Inc. reserves the right to correct clerical or stenographic errors or omission.
: 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 by Golden Gear before warranty is honored. No returns for credit will be allowed without Golden Gear’s prior permission. Golden Gear retains 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 Gear, or the purchase price excluding shipping. Failure to give notice of warranty claim 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 warranty of merchantability, fitness for a particular purpose or noninfringement.
In 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.
It 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 assumes sole responsibility for determining the suitability of the product for its 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 claims for labor loss of profit, repair, transportation, or other expense incidental 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 for specific application.
RETURNS: Returned 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.
Note: 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 other cost including reasonable attorneys' fees and cost of suit, for any matter arising from or relating to Buyer's purchase, installation, re-sale or use of products 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, consequential, or punitive damage of any kind including lost of profit, goodwill, use, or intangible losses resulting from use, or inability to use, products or services, the cost of procurement of substitute goods and services, labor that may be required for the replacement of the said product, whether for breach of warranty, negligence, on the basis of strict liability, or for any other reason to the fullest extent allowable by law. Golden Gear's liability to Buyer, whether in contract, in tort, under any warranty, or in negligence, shall not exceed the return of the amount of the purchase paid by Buyer and under no circumstances shall Golden Gear be liable for special, indirect or consequential damage.GOVERNING LAW: The sole forum for any dispute arising from these terms and conditions shall be California Superior Court for the County of San Bernardino. ENTIRE AGREEMENT AND AMENDMENTS: These terms and conditions constitute the entire agreement between the parties and supersede all previous communications, whether oral or written.