Terms of Purchase
These Terms of Purchase are made and entered into by and between Global Trade Deal, LLC, a Georgia Limited Liability Company, with an address at 8130 Majors Glen Ct, Cumming, GA, 30041 (the “Seller”), and you (the “Buyer”). PLEASE READ THESE TERMS OF PURCHASE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY PURCHASING AND/OR UTILIZING THE SERVICES OF SELLER, YOU ARE AGREEING AND CONSENTING TO BE BOUND BY THESE TERMS OF PURCHASE.
Governing Law and Jurisdiction
This Agreement consists of these Terms of Purchase, as well as additional agreements between the Buyer and Seller, including, but not limited to, proposals, commercial terms, advertising policies, pages, groups, and events policies, and payment terms (collectively the “Agreement”). The Agreement shall be governed and conformed in accordance with the laws of the state of Georgia without regard to its conflict of laws provisions. The Parties agree that the federal and state courts in Cumming, Georgia will have the exclusive jurisdiction over any dispute regarding this Agreement.
Description of Goods
Seller undertakes to transfer ownership and deliver possession to Buyer, and Buyer shall pay for and accept the goods specified either in the online purchase order form OR in an invoice provided to Buyer by Seller (referred to hereafter as “Goods”).
Identification of Goods
It is agreed that identification of the Goods shall not be deemed to have been made until both Buyer and Seller have agreed that the Goods in question are set aside and appropriated for the performance of this Agreement.
Notification of Delivery
As soon as the Goods being sold under this Agreement are shipped to the agreed location where the Buyer may take delivery, the Seller may send notification to the Buyer as to that fact and as to the dates and times at which the Buyer may take delivery, after prior inspection.
Method of Delivery
Delivery shall be made FOB Shipping Point, and title and responsibility of goods transfer from the seller to the buyer when the goods are placed on a delivery vehicle.
Price
The price for the Goods is specified in the particular purchase order, and shall be payable by the Buyer to the Seller upon order.
Express Warranties
Seller warrants that the quality and quantity of the materials shall be as per specification given by the Buyer, as well as samples submitted by Seller and approved by the Buyer, if applicable. This warranty is made part of the basis of the bargain, and Seller expressly warrants that the goods will conform to the Buyers specifications.
Right of Inspection
Buyer shall have the right to inspect the Goods at the time and place of delivery, before final acceptance.
Allocation of Risk of Loss
Any risk of loss associated with the Goods remains with the Seller until the Goods are placed into shipping. The risk of loss remains with the Buyer, even regarding Goods that are subsequently returned to the Seller, until their receipt by Seller.
Rejection of Nonconforming Goods
Rejection of Goods for failure to conform to the requirements of the Agreement must be made within thirty (30) days after their delivery. The Buyer must send written notification of the rejection to the Seller. The notice must state the basis of the alleged nonconformity of the Goods and describe the portion of the shipment being rejected.
Procedure as to Rejected Goods
On receipt of notification of rejection, the Buyer must immediately arrange for the return shipment of the Goods at Buyer’s expense. When the Goods are confirmed to Seller or acquiesced in by Seller as nonconforming, the Seller will ship replacement conforming Goods within ten (10) days of the notice of rejection, unless the Buyer notifies the Seller to forgo the shipment before that date.
Return Policy
To obtain a return Authorization please email orders@globaltradedeal.com or via phone at 706-200-7362. If you are supplied return labels by Global Trade Deal, LLC you will simply affix the return label to the box and drop off with the proper shipping company. (Please note the Buyer will be responsible for the cost of the return label). Buyer is also responsible for a 20% restocking fee.
Remedies
The remedies under this Agreement include, but are not limited to:
(A) the return the Goods and receive repayment of the price from the Seller; or
(B) the repair and replacement of the nonconforming items or the Buyer may recover from the Seller the difference between what it cost the Buyer to purchase Goods similar to the Seller’s that Seller did not properly deliver and what it would have cost to purchase similar goods from the Seller.
Modification and Rescission
This Agreement may be modified or rescinded only by a writing signed by both of the Parties or their duly authorized agents.
Waiver
No claim or right arising out of a breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration, is in writing, and is signed by the aggrieved Party.
Warranties
Seller makes no warranties or representations to Buyer or any other person with respect to the Goods or any services provided to Buyer or any other person except as set forth in writing to Buyer (under a “Limited Warranty”). A Limited Warranty shall not be assignable or transferable to any subsequent purchaser or user and does not apply to Goods that have been subject to misuse or to any Goods that have been altered or repaired by third parties. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY FOR SELLER’S BREACH OF ITS OBLIGATIONS HEREUNDER, INCLUDING BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR OTHERWISE, SHALL BE FOR THE PRICE OF NONCONFORMING OR DEFECTIVE GOOD OR FOR THE REPAIR OR REPLACEMENT ON NONCONFORMING OR DEFECTIVE GOODS, AT SELLER’S ELECTION. ANY GOODS WHICH SELLER DETERMINES TO BE DEFECTIVE WITHIN THE LIMITED WARRANTY PERIOD SHALL BE, AT SELLER’S SOLE OPTION, REPLACED OR A REFUND OF THE PRICE PAID. IN NO EVENT SHALL SELLER OR ANY OF ITS REPRESENTATIVES BE LIABLE TO BUYER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Assignment and Delegation Prohibited Unless in Accordance With This Agreement
The Parties may neither assign their respective rights nor delegate performance of their respective duties under this Agreement except as provided below.
Parties Bound
This Agreement shall be binding on and inure to the benefit of its Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement.
Severability
In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
Survival
The representations, warranties, covenants and agreements made herein shall survive the closing of the transactions contemplated hereby.
Attorney’s Fees
In the event any dispute between the Parties should result in collection or litigation, the prevailing Party shall be reimbursed for all reasonable costs and reasonable attorney’s fees incurred in connection with such collection, litigation or arbitration, including, without limitation, reasonable costs and reasonable attorney’s fees incurred in collecting the judgment(s) or award(s) resulting from such litigation.
Electronic Delivery.
The Parties agree that they may decide to deliver any documents related to this Agreement or any notices required by applicable law or the Parties’ corporate books or records by email or any other electronic means, and the Parties consent to (i) conduct business electronically, (ii) receive documents and notices by electronic delivery, (iii) sign documents electronically, and (iv) to participate through an online or electronic system established and maintained by the Parties or a third party designated by the Parties. BUYER ACKNOWLEDGES THAT BUYER’S ELECTRONIC SUBMISSIONS CONSTITUTE BUYER’S AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT. BUYER’S AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS BUYER ENTERS INTO WITH THE SELLER, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.