Terms & Conditions

 GHM Industries Inc.                                                                        

DBA Plasti-Mend - A registered trademark of GHM Industries Inc.

 Terms and Conditions Agreement

ACCEPTANCE

All orders and sales contracts are subject to acceptance or rejection by GHM Industries Inc. and constitute a complete and binding contract governed by the terms and conditions of sale appearing herein and by the laws of the State of Colorado. Acceptance is at all times subject to availability for delivery of the goods covered by each order, and to GHM Industries Inc. prices for said goods in effect at the time of shipment, unless otherwise stated in a separate agreement signed by buyer and GHM Industries Inc.

END USE

Determination of the suitability of the goods described on the face hereof for the use contemplated by buyer or buyer's customers for such goods is the sole responsibility of Buyer or Buyer's customers, whichever the case may be, and GHM Industries Inc. shall have no responsibility in connection therewith except as stated in the written warranty of the product. Buyer or Buyer’s customers, whichever the case may be, assumes all risk and liability for loss, damage or injury to property of Buyer or others, arising out of the end use, misuse or possession of the goods furnished hereunder.

WARRANTY

GHM Industries Inc. warrants only that the goods supplied hereunder shall meet the description or specifications stated for the product. Buyer's exclusive remedy and GHM Industries Inc. sole liability hereunder shall be limited to refund of the purchase price of, or replacement of, all goods shown to be otherwise than as warranted and GHM Industries Inc. shall in no case be liable otherwise for incidental or consequential damages. Provided, nothing contained therein shall limit the Buyer's legal right to recover consequential damages for injury to his person when the goods purchased are consumer goods. Said refund or replacement is conditional on Buyer giving GHM Industries Inc. notice within thirty days of warranty period and shall constitute a waiver by Buyer of all Claims hereunder with respect to said goods. If requested by GHM Industries Inc., Buyer shall promptly return to the plant designated by GHM Industries Inc. all unconsumed goods alleged by Buyer to be otherwise than as warranted and GHM Industries Inc. will pay freight thereon. Otherwise Buyer shall dispose of all unconsumed goods alleged by Buyer to be otherwise than as warranted as instructed by GHM Industries Inc. in a safe and legal manner.  GHM Industries Inc. shall in no case be liable for improper disposal not in accordance with written disposal instructions provided by GHM Industries Inc.

 “THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WRITTEN OR UNWRITTEN EXPRESS OR IMPLIED WARRANTIES AND GHM INDUSTRIES INC. HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AGAINST INFRINGEMENT, OF MERCHANTABILITY, OR FITNESS FOR PURPOSE OF THE GOODS SUPPLIED HEREUNDER ALL SAID GOODS BEING SUPPLIED BUYER AS IS.” GHM Industries Inc. may make other warranties available such as “customer satisfaction guarantee” but these will be legally governed by the above stated warranty.

TITLE AND RISK OF LOSS

Title and risks of loss or delay to all goods supplied hereunder shall pass to carrier upon GHM Industries Inc. delivery thereof to carrier at shipping point and ultimately to buyer upon delivery by carrier.  Hidden loss or damage caused by carrier will become a matter between the buyer and the carrier. GHM Industries Inc. will make reasonable efforts to negotiate such matters and to assure timely delivery of replacement orders but is not responsible for loss, damage or delays caused by carrier. In any case, GHM Industries Inc. liability is limited to replacement of lost or damaged goods and shall not be held liable for any consequential damages caused by loss, damage or delay.

QUOTATIONS

Unless otherwise specified, quotations are for information only and are not intended as an offer and are subject to change without notice in all respects, including prices, delivery dates, terms, quantities, or specifications unless expressly noted on quotation.

FREIGHT TERMS

F.O.B. Origin. For small package service (i.e. UPS, FedEx ground) and larger quantity truck freight or LTL, shipments will be made F.O.B. origin, with freight prepaid and added to invoice unless by written agreement of GHM Industries Inc.  The most economical routing will be used at the discretion of GHM Industries Inc. unless expressly stated otherwise by buyer.  Additional transportation costs incurred at Buyer's discretion or resulting from his request will be at Buyer's expense. Shipping for any returns requested by GHM Industries Inc. will be with a return shipping label provided by GHM Industries Inc.

COMPLIANCE WITH LAWS

GHM Industries Inc. represents and warrants that the goods and /or services were not manufactured or performed, and is not being sold or priced in violation of any federal, state, or local law, executive order, or administrative ruling. GHM Industries Inc. agrees to indemnify, defend and hold harmless the buyer from and against any and all claims, costs, damages, judgments, losses, and expenses (including attorney’s fees) included or resulting directly or indirectly by or to buyer as a direct result of the violation of any federal, state, or local law, executive order, or administrative ruling or breach of any representation or warranty made by GHM Industries Inc. herein.

Buyer agrees to indemnify, defend and hold harmless GHM Industries Inc. from and against any and all claims, costs, damages, judgments, losses, and expenses (including attorney’s fees) included or resulting directly or indirectly by or to GHM Industries Inc. as a direct result of the violation of any federal, state, or local law, executive order, or administrative ruling or the breach of any representation or warranty made by Buyer separate of this agreement.

 

INSURANCE STATEMENT

GHM Industries Inc. or Buyer may request and receive a statement of insurance showing business liability insurance from the other party at any time.

PAYMENT TERMS

Payment terms are full payment at order or with approved account, net 30 days from invoice date unless by separate signed agreement. There will be a 1 1/2 % late charge per month (18% APR) on past due balances. In the event suit is necessary to enforce collection, purchaser agrees to pay a reasonable attorney fee and any court costs incurred.

                               

ENTIRE AGREEMENT

The above terms and conditions represent the entire agreement between GHM Industries Inc. and Buyer with respect to the sale of goods supplied hereunder and said agreement cannot be modified except by a new written contract signed by both GHM Industries Inc. and buyer.

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