Terms and Conditions
1. General Terms
GPM and purchaser agree to the following terms and conditions which are made
a part of and incorporated in this Order. All offers, sales, agreements, promises,
representations, and all transactions as well as their performance are governed
by the following conditions unless otherwise expressly stipulated in writing.
Any amendment, modification or waiver of these conditions whether written or
oral as well as any subsequent agreements or modifications to these terms shall
be in writing. Any oral modifications, revisions, or changes to these terms
shall be in writing otherwise they are deemed invalid. No oral representations
are valid and diverging conditions of the purchaser are herewith expressly rejected.
GPM's conditions shall be deemed to be accepted by the purchaser upon placing
an order, on receipt of GPM's acknowledgement of the order or upon acceptance
of the goods and/or services.
2. Placing of Order
The vendor's offers does not bind him nor do they oblige him to accept an order.
3. Transportation and Passage of Risk
Dispatch and transport, including self-collection, shall be affected for the
account and at the risk of the purchaser even where free delivery is agreed
upon. Any and all risks associated with the purchase shall be the responsibility
of the purchaser upon delivery of the materials to the carrier. GPM shall no
be held responsible for any loss or damage which may occur in transit. The purchaser
herby agrees to inspect the goods immediately upon receipt. Any damage to goods
in transit is to be certified by the carrier on the consignment note. If damage
is not externally apparent, the carrier shall be held responsible for no more
than 6 days after the delivery of the goods.
4. Delivery period and delays
The delivery period shall be deemed approximate. The delivery period shall be
reasonable extended upon the occurrence of unforeseen circumstances beyond the
vendor's control without the vendor being liable for delay. If the vendor is
in default with the delivery the purchaser is obliged to grant a reasonable
extension. In case of default the vendor's liability for damages is limited
to the amount of the invoiced price. The shipping method is NOT the delivery
time, we will ship the order the next business day (Monday-Friday), meaning
if you order on a Friday we will ship on Monday and you will receive the order
(2.day) on Wednesday.
5. Return goods policy
GPM will accept as return goods only products which are defective because of
poor workmanship or material. Only the part or parts of complete sets, which
are defective, will be accepted for return. For example, a damaged handle does
not require the return of the complete widespread fitting. Previously fitted
or damaged items cannot be returned. All items must be returned in their original
boxes. Any resalable items ordered in error or canceled within 60 days of receipt
will be assessed at 25% restocking charges, within 61- 120 days of receipt will
be assessed at -50% restocking charges, over 120 days of receipt items cannot
be returned. All transportation for returned goods must be paid by the purchaser.
Tools, spare parts and special/custom order products are non-cancelable and
cannot be returned and may or may not comply with US standards. Non-current
goods that are no longer listed in the current manufacturer’s catalog and price
list are non-returnable.
6. Indemnification
To the fullest extent permitted by law, Buyer agrees to indemnify, defend and
hold GPM and their agents and employees harmless against all claims, demands,
liability, loss, damages, expenses, and causes of actions and liabilities of
every kind and nature whatsoever arising out of, or in connection with, GPM’s
operations performed under this Agreement and caused or alleged to be caused,
in whole or in part, by any act or omission of GPM or anyone employed directly
or indirectly by GPM. including attorney’s fees and court costs, actually or
allegedly caused or contributed to by any incident and/or accidents resulting
in physical injuries or property damage arising from no merchantability, from
unfitness for a particular use, from improper installation of the product and/or
materials and/or utilization of the products in such a manner which is not consistent
with the terms and conditions of this agreement. This indemnification shall
extend to claims occurring after this Agreement is terminated as well as while
it is in force. The indemnity shall apply regardless of any active and/or passive
negligent act or omission of GPM or any other party to be indemnified under
this Agreement. The indemnity set forth in this Section shall not be limited
by insurance requirements or by any other provision of this Agreement.
7. Limited Warranty
This Limited Warranty is the only warranty given by GPM in connection with the
products and/or services which are the subject of this Order. GPM makes no warranty
or guarantee, express or implied, except that which is specifically set forth
as follows: All merchandise is covered by manufacturer's warranty only and is
subject to the policies and procedures of such manufacturer regarding, merchantability,
replacement or repair of such merchandise. GPM makes no other warranties, whether
express or implied, and purchaser waives any implied warranty of merchantability
and/or warranty of fitness for a particular use, and any other implied warranties.
GPM's workmanship and labor are warranted for 90 days, this warranty applies
to residential work only. Any claim under this Limited Warranty shall be made
to GPM in writing within five (5) days of Buyer’s discovery of the claimed defect,
but in no event later than thirty (30) days from the delivery and/or installation
date. Buyer’s failure to notify Seller of the claimed defect as required herein
shall bar Buyer from recovery under this Limited Warranty. This Limited Warranty
shall not be applicable to defective products or workmanship supplied by the
Buyer, if the defect results from a modification of products and/or services
supplied by GPM or if the defect is the result of normal wear and tear, and
of misuse or abuse.
8. Payment
All accounts are due and payable on delivery and/or when service is rendered.
A finance charge of 1 ½% per month or the highest legal rate allowable
by law will be charged on all past due accounts. Should Seller be required to
retain and compensate counsel to enforce its rights under this agreement, Seller
shall be entitled to award and reimbursement of its attorney’s fees incurred,
whether or not litigation is commenced. In the case of litigation, Seller shall
be entitled to award of reasonable attorney’s fees and costs as an element of
the costs of suit.
9. Assignment
Any assignment of the rights or obligations arising under this Order shall be
void unless consented to by Seller, in writing.
10. Severability
Should any term, condition or provision of this Order be deemed unenforceable
or void, then the remainder of this Order shall be in full force and effect
and shall not be rendered void.
11. Enforcement
If Buyer fails to perform any of its obligations pursuant to this Order, Seller
shall be entitled to all remedies provided by law. If at any time in the opinion
of Seller, the financial responsibility of Buyer becomes impaired or unsatisfactory,
Seller reserves the right to require payment in advance or other security for
delivery under this Order, and payment for all products and/or materials fabricated
under this Order shall become due and payable immediately.
12. Jurisdiction
Buyer consents that the jurisdiction over any controversy concerning the product
and/or materials of this Order shall be in the Courts of the State of California,
in the County of Los Angeles. This Order shall be construed as performable or
performed in said county and state. This Order shall be subject to the laws
of the State of California.
13. Conflicting Terms
To the extent any conflicting terms or conditions are embodied in the Order,
Buyer and Seller hereby agree that the terms or conditions contained herein
shall supersede any conflicting terms or conditions. This Agreement embodies
the entire agreement between Seller and Buyer and any subsequent modification
must be accepted by the Seller in writing.
GPM Plumbing 4872 Topanga Cyn. Blvd. Suite #206 Woodland Hills, CA 91367 1-800-798-8476