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1. ACCEPTANCE
THE TERMS AND CONDITIONS OF SALE
CONTAINED HEREIN APPLY TO ALL QUOTATIONS
MADE AND PURCHASE ORDERS ACCEPTED BY GNN
INTERNATIONAL (HEREAFTER REFERRED TO AS
“GNN”) FOR THE PURCHASE AND SALE OF
CUSTOM AND STOCK LEATHER GOODS. SOME
OF THE TERMS AND CONDITIONS SET
OUT HERE MAY DIFFER FROM THOSE IN
CUSTOMER’S PURCHASE ORDER AND SOME MAY
BE NEW. THIS ACCEPTANCE IS CONDITIONAL
ON CUSTOMER’S ASSENT TO THE SALES TERMS
SET OUT HERE IN LIEU OF THOSE IN
CUSTOMER’S PURCHASE ORDER. GNN’S FAILURE
TO OBJECT TO PROVISIONS CONTAINED IN ANY
COMMUNICATION FROM CUSTOMER SHALL NOT BE
DEEMED A WAIVER OF THE PROVISIONS OF
THIS ACCEPTANCE. ANY CHANGES IN THE
SALE TERMS CONTAINED HEREIN MUST
SPECIFICALLY BE AGREED TO IN WRITING BY
AN AUTHORIZED OFFICIAL OF GNN BEFORE
BECOMING BINDING ON EITHER GNN OR THE
CUSTOMER.
ALL ORDERS
MUST BE APPROVED AND ACCEPTED BY GNN.
GNN RESERVES THE RIGHT AT ANY TIME AFTER
RECEIPT OF AN ORDER FROM AN EXISTING OR
POTENTIAL CUSTOMER TO
ACCEPT OR DECLINE SUCH ORDER(S) FOR ANY
REASON. GNN RESERVES THE RIGHT
AT ANY TIME AFTER
RECEIPT OF AN ORDER FROM AN EXISTING OR
POTENTIAL CUSTOMER
, WITHOUT PRIOR
NOTICE TO THE CUSTOMER, TO SUPPLY LESS
THAN THE QUANTITY FOR ANY ITEM ORDERED
BY THE CUSTOMER.
2. SPECIFICATIONS
Unless different specifications are
established and agreed to in writing,
the specifications for the Products are
the written specifications for the
product issued by the Customer. Such
specifications must be provided in
writing via regular mail, email, or fax
and must be complete and accurate for a
favorable outcome. GNN may, without
affecting the obligations of Customer,
make insignificant changes to the
specifications of the Products as and
when required.
3.
PRICES
After receiving specifications,
GNN will
quote best possible prices to its
potential Customers upon their
request. When quoting prices, GNN will
use its extensive experience and
knowledge to provide its Customers as accurate
of a price quote as possible. However,
this price quote will serve only as
guidance and will not be binding on GNN
or the Customer. Once GNN completes the
prototyping process, GNN will inform the
Customer of net changes in the prices,
if any. The difference between the
quoted price and the final price may occur
based on several factors including but
not limited to actual leather
consumption, changes in specifications,
and shipping considerations.
Prices do not include
duties and/or taxes and any duties
and/or taxes GNN may be required to
collect or pay upon the sale, use or
delivery of the Products will be paid by
Customer upon invoicing.
4. SHIPPING CHARGES
Unless otherwise requested by the
Customer, GNN will quote FOB India prices for
its products exclusive of the
shipping charges. Shipping charges are
charged on actual basis later at the
time of the shipment. GNN quotes the shipping
estimates solely in the spirit of
helping its Customers. GNN therefore
doesn't assume any responsibility
whatsoever for the accuracy of such
quote(s) that GNN receives on behalf of
its Customers from the shipping &
forwarding agents in India. GNN forwards
such quotes to them on “as is” basis.
5. PAYMENTS
Unless otherwise set forth on the
face hereof payment Sales Terms require
payments be made using one of the
following three options:
§ For
Transactions Under $10,000
(FOB
Kolkata Value):
100% deposit at the time of placing
order. Business check or wire transfer
Remittance accepted.
§ For
Transactions Between $10,000-$20,000
(FOB Kolkata Value):
50% deposit at the time of placing order
and balance payment on receiving the
shipping documents and/or tracking
information. Wire transfer remittance
only.
§ For Transactions Over $20,000 (FOB
Kolkata Value):
100% Confirmed Irrevocable Letter of
Credit at Sight issued by a reputed
US/international bank. All bank charges
incurred will be to buyer’s account.
In case of the first two
options, GNN will charge interest on all
unpaid amounts at the rate of 1.5% per
month or the highest lawful rate,
whichever is less effective the first
due date. GNN may change these credit
Sale Terms if Customer’s financial
condition changes. Each shipment shall
be considered a separate and independent
transaction.
Subject to
the size and frequency of a transaction,
based on GNN discretion, additional or
new payment terms may apply, which will
be set or negotiated on individual
transaction basis.
GNN, on its
discretion, may extend flexible terms
to its Customers based on their payment
history and credit worthiness.
6. DELIVERY
Delivery will be FOB GNN location in
India and will occur when the Products
are ready for pickup by the carrier. In
the absence of specific instructions,
GNN will select a carrier. GNN does not
assume any liability for the shipment.
Unless otherwise mutually agreed, the
Customer will be responsible for all
transportation and insurance charges,
including those associated with the US
Customs clearance and the Duties levied. Delivery dates set forth on the
face hereof are estimates only. GNN will
use its best efforts to deliver in
accordance with these dates but will not
be responsible for failure to deliver as
estimated.
7.
INSPECTIONS
Pre-Shipment Inspections:
All Customers have an option of engaging an
internationally reputed inspection
agency e.g. SGS
(India) for quality inspections
prior to the shipment. The expenses
incurred in such inspection will be
borne by the Customer.
Post-Shipment Inspections:
Within 7 days after
the delivery, the
Customer will inspect the goods and
give written notice of rejection to GNN
detailing the manner in which any
product(s) do not conform to the
requested specifications. Upon receiving
authorization and shipping instructions
from GNN, Customer may return rejected
goods. If Customer retains the goods
after their delivery without giving GNN
such notice within the designated
period, Customer will be deemed to have
irrevocably accepted the goods.
The Customer’s inspection and acceptance
tests shall not exceed the inspection
and test procedures customary in the
industry for the Products and shall be
at Customer’s expense. GNN may charge to
Customer any costs resulting from the
testing, handling, and disposition of
any goods returned by Customer which are
not found by GNN to be non-conforming or
defective.
8.
WARRANTY & GUARANTEE
GNN
will strive hard to
provide the very best in terms of
quality and workmanship in all of its products.
GNN will ensure its products
deliver the satisfaction that its
Customers expect and
deserve.
All products that GNN sells are backed by
its 100% satisfaction guarantee.
I.
Wholesale Leather Goods
GNN guarantees its stock leather
products free from
defects due to workmanship and/or
material. If the Customer is not satisfied
with GNN product(s) in any way, the
Customer will notify GNN within 7 days
of receiving the goods. GNN will refund
the full amount the Customer paid for
those goods. GNN will issue a credit
when the
returned goods have been received back
by GNN.
The Customer will bear the return
shipping costs unless the goods are defective or
other unusual circumstances exist.
II.
Custom Leather Goods
a) Prototype
Development:
Despite of our best
efforts, there are times when our
Customers are not fully satisfied with
the prototype(s) that we've developed
based on their specifications. This is
true particularly in cases where we've
not been provided clear specifications
and instructions, or the cases where a
metal die or a mold casting is required
to develop a product prototype. While we
fully believe in the expertise of our
prototyping craftsmen, due to the uncertain
nature of the process and outcome, we
offer no guarantee expressed or implied
on the final product prototype(s) and
therefore do not offer money refunds or
credits towards such metal die or mold
development cost that we've charged you.
To help us ensure that
the Custom Product Prototype(s) you have
requested from us meets your
expectations, please be very specific
and detailed in the specifications that
you provide us.
b) Product Development:
For custom leather goods,
we encourage our Customers to ask for a
final physical sample approval to make
sure everything is per their
specifications before we go into full
production. This eliminates all the
possibilities of a final product based
on any assumptions that are not clearly
communicated or are not specified in the
specs-sheet giving both our Customer and
us the peace of mind. Where time
constraints don't allow for a physical
sample be sent for approval, we provide
elaborate pictures of the final product
sample to ensure 100% compliance with
the specs-sheet or instructions
provided.
Even after these
measures, when you receive your final
product shipment that you’re not fully
satisfied with the quality of our work,
under our 100% Customer Satisfaction
Policy, we will provide you the full
product replacement without any
obligation to you. Please
contact us immediately within 7 days
if you believe the delivered products
are faulty and we will advise you of
where the return is to be sent. Do not
return the product directly to us, as
this will only delay the replacement
process. The replacement products will
be shipped to you as soon as possible.
c) Hot Stamping:
We guarantee the outcomes only in case
of blind embossing/debossing. As for the
colored foil hot stamping, the outcome
not only depends on the stamping process
itself but also on so many other
variables that are inherent to a natural
material like leather.
For this very unpredictable nature of
colored hot stamping, while we guarantee
our best efforts to ensure best stamping
results, it is not possible for us to
guarantee the quality and durability of such results.
Due to the nature of our
products and services, and ample
opportunities to avoid the
misunderstandings during the prototyping
and manufacturing process, the cash
refunds are not provided under any
circumstances.
III. Other Situations
If any other situation
arises that is not covered by our
Refunds Policy, please contact us
immediately so we can seek to resolve it
successfully. Your 100% satisfaction is
our goal.
9. CANCELLATION
AND RESCHEDULING
Once accepted, the
Purchase Orders are non-cancelable but
can be postponed, delayed, and the
delivery can be rescheduled without
penalty and without any time limit.
GNN, however, may cancel
an order or any portion in the event of
Customer’s default or a material adverse
change in Customer’s financial condition
without affecting GNN’s right and
remedies. Except as otherwise provided
herein orders accepted by GNN are firm
and non-cancelable.
9. SALES AND USE TAXES
GNN shall automatically charge and
withhold the applicable sales tax for
orders to be delivered to addresses
within Colorado. Each Customer shall be
solely responsible for all sales taxes,
or other taxes, on orders shipped to any
other state.
10. CONTINGENCIES
GNN shall not be responsible for any
failure to perform due to unforeseen
circumstances or to causes beyond GNN’s
reasonable control. Examples of such
causes are acts of God, war, riot,
embargoes, acts of civil or military
authorities, fire, floods, accidents,
strikes or shortages of transportation
facilities, fuel, energy, labor or
materials. GNN may defer delivery for a
period equal to the delay caused by such
contingency in the event of shortages
for any reason whatsoever. GNN may
allocate production among its Customers.
11. LIMITATION
OF LIABILITY
Liability of GNN to
Customer, if any, under this contract
for breach of contract or warranty,
negligence or otherwise shall in no
event exceed the total contract price
specified herein less the purchase price
of any items delivered and accepted
hereunder. In no event shall GNN be
liable to Customer or others for
special, incidental or consequential
damages for breach of any of the
provisions of this contract, including
without limitation, provisions regarding
warranties, guaranties, indemnities, and
patent infringement, or based upon any
claims, demands, settlements, or
lawsuits arising from or in connection
with, the Products sold hereunder, such
damages including, but not limited to,
costs of removal and reinstallation of
items, loss of good will, loss of
profits, or loss of use. Customer
assumes all liability for any and all
damages arising from or in connection
with, the use or misuse of the Products
by Customer, its employees, or others.
12. GENERAL
This is the complete and exclusive
statement of the agreement between the
parties and supersedes all prior
agreements and communications about the
subject matter. Neither this agreement
nor individual transactions under it may
be assigned by Customer without the
prior written consent of GNN. Regardless
of any disclosure made by Customer to
GNN of an ultimate destination of the
Products, Customer will not export,
directly or indirectly, any Product
without first obtaining all required
licenses from the appropriate government
agencies. This agreement and all
transactions under it shall be governed
by the laws of State of Colorado.
This Document was last updated on
11/26/2008
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