The buyer’s receipt of this acknowledgment without prompt written objection thereto shall constitute an acceptance by the buyer of all the terms and conditions set forth herein:
TERMS: Net 30 to established accounts. To establish an account please request a credit application. Other, terms are C.O.D. or Credit Card (Visa, MasterCard or AMEX).
FREIGHT TERMS: F.O.B.: Factory. All shipments will be made via transportation company selected by customer or “best way” if not selected by customer. Freight charges are to be pre-paid and billed or charged to client’s shipper account number.
MERCHANDISE TERMS: Title to all merchandise shall pass from Gyford Productions to the consignee upon delivery to the assigned transportation company. Acknowledgement has been made by the transportation company of the receipt in good condition of the material listed on the invoice or packing sheet. Claims for loss or damage on shipment must not be deducted from our invoice, nor payment of the invoice withheld awaiting adjustment of such claims. We do not guarantee safe delivery; that is the assigned transportation company’s responsibility. Buyer grants seller a security interest in the goods to secure payment of the price in full together with a power of attorney to execute and file, in the name of the buyer, a financing statement covering the goods sold by seller to buyers. Upon buyer’s default in payment, seller may at its option repossess the goods and sell them.
CLAIMS TERMS: All claims for damage or incomplete shipping must be made within 48 hours after receipt of goods or it will be assumed shipment was without damage and complete. Gyford Productions, or its agents assumes no liability after this point. All claims for loss or damage in transit must be made by consignee to carrier. In no event shall seller be liable for incidental or consequential damages.
DISCLAIMER OF WARRANTY: Seller makes no express or implied warranties, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Any use to which the goods are put would be subject to buyer’s own testing and acceptance for purposes intended.
COLLECTION COST: In the event buyer defaults in the terms of payment, seller may recover from buyer all costs of collection, including without limitation reasonable attorney’s fees, whether or not such collection includes commencement of a lawsuit.
RETURN MERCHANDISE TERMS: No returns after 30 days from receipt. No merchandise may be returned without prior written authorization. Call for a “Return Merchandise Authorization” number. All returns will be subject to a minimum 15% handling and factory inspection charge, except on products considered to be defective in workmanship and materials. No returns will be accepted unless accompanied with the RMA number clearly shown on the outside shipping container.
PRICING: Prices are subject to change without notice. Merchandise will be shipped at prices prevailing at time of shipment. No price increases will be charged unless agreed to by customer prior to shipment.
PRODUCT WARRANTY: Gyford Productions warrants to the first purchaser that its products are free from defects in materials and workmanship. In the event of any defect, Gyford Productions’ sole obligation is expressly limited to repair or replacement, at our discretion, at Gyford Productions’ factory after written return authorization has been granted. In no event shall Gyford Productions under this warranty extend beyond the initial cost of the product and accordingly, any consequential damages arising out of defect therein are expressly excluded. This warranty shall not apply to products which have been altered, improperly used or repaired outside of Gyford Productions’ factory and shall not apply to defects for which written notice thereof is not received by Gyford Productions within one (1) year from the date of purchase. This warranty is in lieu of all warranties, expressed or implied, and without excluding the generality of the foregoing, excludes any implied warranty of merchantability.
LAW: The laws of the state of Nevada shall govern the validity, construction and interpretation of the rights and duties of the parties defined in the terms and conditions of this agreement as stated.