Terms and Conditions

GLO TECH PURCHASE / PURCHASE ORDER TERMS AND CONDITIONS

  1. Alteration of Terms Not Permitted. Seller’s acceptance of Buyer’s order or Seller’s offer IS made expressly conditional on Buyer’s agreement to these terms and conditions. Seller does not agree to any conflicting terms and conditions proposed by Buyer. Buyer’s acceptance of any products or services (“Products”) sold hereunder shall manifest Buyer’s consent hereto. If Buyer requests shipment based on telephone or facsimile order, Buyer does so with the understanding that these terms and conditions apply. No variation, addition, termination, or waiver of any term or condition shall be binding on Seller unless in writing and signed by Seller’s duly authorized representative.
  2. Delivery, except as otherwise provided, Buyer shall be responsible or freight, transportation, insurance, shipping, packing, storage, handling, demurrage or similar charges. Unless otherwise agreed in writing signed by Seller, all sales shall be FOB Seller’s place of business and title and risk of loss will pass to Buyer upon delivery to Buyer at Seller’s place of business. 
  3. Taxes. Except as otherwise provided by law, Buyer shall be responsible for and shall pay all sales, excise and similar taxes, or duties which Seller may be required to collect with respect to the Products or their supply to Buyer. Where Buyer claims exemption from duty or tax, Buyer shall furnish an appropriate exemption certificate to Seller. 
  4. Excusable Delay. Seller shall not be responsible for delays in delivery or failure to deliver due to causes beyond Seller’s control including but not limited to acts of God, war, mobilization, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labor difficulties, shortages of, or inability to obtain shipping space or transportation or shortages of, or unavailability of raw materials. 
  5. Installments and Subcontract. Unless otherwise expressly stated, Seller shall have the right to deliver the Products in installments. All installments shall be separately invoiced and paid as billed without regard to subsequent deliveries. Failure to pay for any installment when due shall excuse Seller from making future deliveries. Seller may subcontract the performance of the whole or any part of these terms and conditions to any person. 
  6. One-Year Limited Warranty. Glo Tech will, without charge, any defects due to faulty materials or workmanship for one years form date of purchase, with proof of purchase. Return the COMPLETE tool, freight prepaid to 723 Bonita Canyon St. Meridian, Idaho 83646. This warranty does not cover part failure due to normal wear or tool abuse. This Warranty dose not apply to accessories or damage caused where repairs have been made or attempted by other. This warranty gives you specific legal rights and you may have other rights which vary in certain states or provinces. 
  7. Payment. Payments shall be made within the terms stated on the face of the Purchase Order. If Buyer fails to comply with any terms of payment, Seller may withhold further deliveries or at its option terminate these terms and conditions whereupon any unpaid money shall become immediately due. If by the terms of sale credit is extended to Buyer, Seller reserves the right to revoke such credit if Buyer fails to pay for any Products when due and Seller shall then have the right to demand payment before any further shipments of Products. 
  8. Notice of Claims. Immediately upon receipt of the Products, Buyer shall inspect the same. Any claim for shortage must be made within three days after Buyer’s receipt of the Products. All other claims, including claims for alleged defective Products, must be made within ten days after Buyer learns of the facts upon which such claim is based, but in no event later than thirty days after Buyer’s receipt of the Products. All claims not made in writing and received by Seller within the time period specified above shall be deemed waived. With respect to any defects incapable of discovery until in use, all claims for any damages or losses as a result of such defects shall be deemed waived unless made in writing and received by Seller within five business days after Buyer learns of the alleged defect giving rise to the claim, and after the expiration of said period, Buyer expressly assumes all liability for all such damages or losses irrespective of whether the alleged defect shall have occurred or been discovered prior to expiration of such period.
  9. Setoff. Buyer shall have no right to setoff any amounts due or payable Seller hereunder against any claim or charge Buyer may have against Seller. 
  10. Terminating for Insolvency. Seller may wholly or partly terminate this Agreement in writing to Buyer if Buyer makes any assignment for the benefit of creditors, becomes insolvent or otherwise is unable to pay its debts as they become due, or if proceedings are Commenced by or against Buyer alleging bankruptcy, or insolvency, or involving the appointment of a receiver.
  11. Limitation of Liability/Exclusive Remedy SELLER’S Liability FOR ANY AND ALL LOSS OR DAMAGE TO BUYER OR OTHERS RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING SELLER’S NEGLIGENCE, ALLEGED DAMAGE OR DEFECTIVE PRODUCTS, IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PARTICULAR PRODUCT{S) WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, OR, AT THE ELECTION OF SELLER, THE REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCT(S). BUYER MUST RETURN THE PRODUCT(S) TO SELLER AT ITS OWN EXPENSE. THIS REMEDY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 
  12. Entire Agreement. This Instrument contains the entire agreement between the parties and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions or obligations whatsoever, whether express or implied, other than herein set forth, shall be binding upon either party. Any subsequent additions, deletions or modifications to this agreement shall not be binding upon the parties unless the same are mutually agreed upon and incorporated herein in writing. 
  13. Remedies. Seller’s remedies herein provided shall be cumulative and in addition to any other remedies by law or in equity. No waiver of a breach of any provision of this Purchase Order by Seller shall constitute a waiver of any other breach of this Purchase Order at a future time or of any other right. Failure by Seller to assert all or any of its rights upon any breach of this Purchase Order shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver be implied from acceptance of any payment. No waiver of any right shall extend to or affect any other right Seller may possess, nor shall such waiver extend to any subsequent similar or dissimilar breach. 
  14. Applicable Law. This Purchase Order or any other agreement resulting here from shall be deemed to have been made in the State of Idaho and shall be construed and governed in accordance with the laws of the State of Idaho. Buyer expressly consents to the jurisdiction of any state or federal court of general jurisdiction in Ada County, Idaho and waives service of process. Buyer waives any objection to venue in any such court. 
  15. Miscellaneous. No course of prior dealings between Buyer and Seller and no usage of the trade shall be relevant to supplement, interpret or explain this Purchase Order.
  16. Assignment. This Purchase Order binds and inures to the benefit of Seller, its successors and assigns. Buyer may not assign any right or interest in this Purchase Order nor delegate the performance of any of its obligations without Seller’s prior written consent.
  17. Notices. Any notice shall be sent by registered or certified mail with return receipt requested (airmail if sent internationally) to either party’s address set forth on the face of this Purchase Order. Notice may also be given by such other means as may be agreed. Notice will be effective upon receipt.