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THE FOLLOWING TERMS AND CONDITIONS WILL GOVERN ANY BUSINESS CARRIED OUT BY GNN INTERNATIONAL WITH ITS CUSTOMERS/BUYERS. THESE TERMS OF BUSINESS WILL BE REVIEWED PERIODICALLY TO TAKE ACCOUNT OF CHANGES TO OUR OPERATIONS AND PRACTICES AND THEREFORE GNN MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE. THIS AGREEMENT WILL BE GOVERNED BY THE MOST CURRENT TERMS OF BUSINESS POSTED ON OUR WEBSITE.
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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 WHOLESALE LEATHER GOODS. SOME
OF THE SALES 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 SEEMED A WAIVER OF
THE PROVISIONS OF THIS ACCEPTANCE. ANY CHANGES IN THE SALES
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 at its sales office in Colorado,
USA.
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, we quote our best possible
prices to our potential customers upon their request. When
quoting prices, we use our extensive experience and knowledge
to provide our valued 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 our customer. Once we
complete the prototyping process, we 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
The actual shipping charges vary based on the total volume and
weight of the shipment and therefore it is not possible for us
to quote you the accurate shipping quote in advance. Unless
otherwise requested by the customer, we quote FOB India prices
for our products that do not include shipping charges.
Shipping charges are charged on actual basis later at the time
of the shipment. We quote shipping estimates solely in the
spirit of helping our customers. We therefore do not
accept any responsibility whatsoever for the accuracy of such
quote(s) that we receive on behalf of our customers from
shipping and forwarding agents in India and forward those
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 Over $15,000 (FOB Calcutta 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. § For Transactions $8,000-$15,000 (FOB Calcutta Value): 50% deposit at the time of placing order and balance payment before delivery of the goods. We can extend flexible terms to our long-time customers based on their payment history and credit worthiness. Wire transfer remittance only. § For Transactions Below $8,000 (FOB Calcutta Value): 100% deposit at the time of placing order. Business check or wire transfer Remittance accepted.
In case of the latter two options, interest will be charged 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 Sales 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.
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 warranty repairs.
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 buyers 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 buyer.
Post-Shipment
Inspections:
Within 7 days after delivery Customer will inspect the
Products and give written notice of rejection to GNN detailing
the manner in which any Products do not conform to the
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 Products.
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.
8.
WARRANTY
We, at GNN strive hard to provide the very
best in terms of quality and workmanship in all our leather
products. We insure our products deliver the satisfaction that
our customers deserve and expect from us. All products that we
sell are backed by our 100% satisfaction guarantee. However,
due to variety of reasons, we do not provide any guarantee
expressed or implied towards the Custom Product Prototype(s)
that we produce based on your specifications.
I.
Wholesale Leather Goods
Our wholesale leather products are backed by our full money
back guarantee. If you're not satisfied with our products in
any way, please contact us immediately within 7 days
and we'll refund your money once the returned products are
received. Customers will pay for return shipping unless the
products 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 team, 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.
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.
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 Colorado.
This Document was last updated on 04/01/2006
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