Terms & Conditions
Last Updated: May 20, 2015
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:
- ELECTRONIC COMMUNICATIONS: When the buyer uses any Gyford Productions service or correspond by e-mail, they are choosing to communicate with us electronically. The buyer consents to receive communications from Gyford Productions electronically, either by e-mail or notices posted to this site.
- TERMS: Net 30 to established accounts. To establish an account, request a credit application. Other available 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 or carrier. Acknowledgement is 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 will not be deducted from our invoice, nor will payment of the invoice be withheld while awaiting adjustment of such claims. Safe delivery is the responsibility of the assigned transportation company. The buyer grants the 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 the seller to the buyer. Upon the buyer’s default in payment, the seller may repossess the goods.
- CLAIMS TERMS: All claims for damage, errors, incorrect or incomplete shipping must be made within 48 hours of receipt of goods. After this time it will be assumed that complete shipment was made without damage. Gyford Productions and its agents assume no liability after this point. All claims for loss or damage in transit must be made by consignee to carrier. In no event shall the seller be liable for incidental or consequential damages.
- COLLECTION COST: In the event the buyer defaults on terms of payment, the seller may recover from the buyer all costs of collection, including without limitation reasonable attorney’s fees, whether or not such collection activity includes commencement of a lawsuit.
- RETURN MERCHANDISE TERMS: No returns will be accepted 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, at minimum, a 15% handling and factory inspection charge except on products considered to be defective in workmanship and materials. No returns will be accepted unless accompanied by an RMA number clearly shown on the outside shipping container.
- PRICING: Prices are subject to change without notice. Merchandise will be shipped at prevailing prices at time of shipment. No price increases will be charged unless agreed to by the buyer prior to shipment.
- LIMITED PRODUCT WARRANTY: Gyford Productions warrants to the first purchaser that products are free from defects in materials and workmanship for a period of one (1) year. In the event of any defect, Gyford Productions’ sole obligation is expressly limited to repair or replacement, at our discretion, at Gyford Productions’ facility after a 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 incidental damages, indirect damages, punitive damages and any consequential damages, including without limitation, loss of profits or income arising out of defect therein are expressly excluded. This warranty shall not apply to products that have been altered or improperly used or repaired by anyone other than Gyford Productions 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 including without limitation, excluding the generality of the foregoing, excludes any implied warranty of merchantability or fitness for a particular purpose. Any use of the goods are subject to buyer’s own testing and acceptance for purpose intended.
- RESELLER DIRECTORY: Purchaser must be a registered customer of Gyford Productions to participate in the reseller directory program. Signing up to be a reseller constitutes subscription to Gyford communications, including but not limited to emails and newsletters. By unsubscribing from these emails, purchaser removes themselves from the reseller program.
- RISK OF LOSS: Risk of loss for any damage, loss, theft or destruction passes to the customer upon delivery to the carrier.
- TAXES: Unless a contrary notation in writing appears on the face hereof, the prices quoted in these Terms and Conditions do not include sales, use or like taxes that may now or hereafter be imposed by federal, state, or local governments. Any and all of the foregoing taxes shall be borne by buyer.
- FORCE MAJEURE: If the performance by Gyford Productions of any part of these Terms and Conditions is prevented, delayed or otherwise made impracticable by reason of war or the effects of war, blockade, revolution, insurrection, civil commotion, riot, mobilization, strike, labor trouble, lockout, act of God, plague or other epidemic, fire, flood, obstruction of navigation by ice or other obstruction at any port, acts of the public enemy, any labor, material, transportation or utility shortage or curtailment, governmental order, decree or regulation, labor trouble, or to any other similar or dissimilar cause or causes beyond its control, Gyford Productions shall be excused from such performance during the continuance of any such contingency and for so long as such contingency shall continue to prevent, hinder or delay such performance.
- DEFAULT: Interest at the rate of ten percent (10%) shall be applied to any unpaid amounts over thirty (30) days owed to Gyford Productions.
- DISCLAIMER: Other than as set forth in Section 10, buyer waives all other warranties, obligations and liabilities of Gyford Productions, and all rights, claims and remedies of buyer against Gyford Productions, express or implied, arising by operation of law or otherwise, with respect to any non-conformance or defect in the goods delivered under this contract, including, but not limited to (a) any implied warranties of merchantability, value or fitness for a particular purpose, (b) any implied warranties arising from course of performance, course of dealing or usage of trace, (c) any obligations, liabilities, rights, claims or remedies in tort, whether or not arising from the negligence of Gyford Productions, actual or implied, and (d) any obligations, liabilities, rights, claims or remedies for any other direct, indirect, incidental or consequential damages.
- 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.
- ENTIRE AGREEMENT: These Terms and Conditions represent the entire understanding of the parties with respect to its subject matter and supersedes all prior agreements and understandings between them with respect to its subject matter. Any representations, promises, warranties or statements by Gyford Productions’ agents that differs from these Terms and Conditions shall be given no force or effect.