The Customer and General Work Products, LLC (“GWP”) agree that the purchase and sales of GWP products are made under these terms and conditions of sale (the “Conditions”) and that GWP shall not be bound by Customer’s additional or different terms. Customer’s order and acceptance of the Products shall constitute acceptance of the Conditions.
- Payment. All quotations shall expire 30 days after the date of issuance. All amounts invoiced shall be paid within 30 days of the invoice date. All sums not paid when due shall accrue interest at the monthly rate of 1.5% or the highest amount allowed by law on the unpaid balance until paid in full. In the event the Customer fails to pay the amounts invoiced, the Customer shall be liable for all collections cost, including attorneys’ fees.
- Orders. All purchase orders are subject to acceptance by GWP.
- Risk of Loss. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. GWP retains title to the Products until Customer makes full payment at which time title to the Product(s) shall pass to Customer.
- Limited Warranty and Returns. GWP Products are warranted against defects in material and workmanship under normal use and service for a period of one year after receipt of the Product(s) by Customer. This Limited Warranty is void if failure of the Product(s) has resulted from accident, improper use, improper storage, modification, or ordinary wear and tear. In no event shall GWP be liable to the Customer for damages in excess of the purchase price of the Product(s). In no event shall GWP be liable to the Customer for special, direct, indirect or consequential damages, expenses, punitive damages, economic loss or lost profits or any other damages arising out of the use or inability to use the Products. Returns shall not be accepted by GWP after 30 days. Returns shall be subject to a restocking fee of 25 percent.
- NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCT(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PRODUCTS. GWP’S SOLE OBLIGATION (AND CUSTOMER’S SOLE REMEDY) WITH RESPECT TO THE LIMITED WARRANTY SHALL BE TO, AT GWP’S OPTION, RETURN THE PURCHASE PRICE OR TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCTS, PROVIDED THAT GWP RECEIVES WRITTEN NOTICE OF SUCH DEFECTS DURING THE APPLICABLE WARRANTY PERIOD. CUSTOMER MAY NOT BRING AN ACTION TO ENFORCE ITS REMEDIES UNDER THE LIMITED WARRANTY MORE THAN ONE (1) YEAR AFTER THE ACCURAL OF SUCH CAUSE OF ACTION.
- Law and Venue. The Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Louisiana. The exclusive jurisdiction for all disputes between the parties shall be the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana, and if such court declines jurisdiction, the Federal Court for the Eastern District of Louisiana.
- Force Majeure: GWP shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, interruption of transportation or inability to obtain necessary labor or materials. In the event that GWP is unable to perform in whole or part because of an excusable failure to perform, GWP may cancel all or part of the uncompleted portion of the order without any liability to the Customer.
- Confidentiality. The Customer agrees that it will not disclose to any person Confidential Information concerning GWP, including but not limited to pricing information and quotes provided to Customer.