WARRANTIES AND LIMITATIONS
BUYER’S FAILURE TO PAY ALL SUMS DUE IN STRICT ACCORDANCE WITH GF TERMS AND CONDITIONS/QUOTE WILL VOID APPLICABLE WARRANTIES.
WARRANTY: Buyer agrees GF's standard warranty, in effect as of the execution of the Quote, will apply. GF's warranty can be obtained by simply asking one of our representatives to provide a copy. Warranty is valid upon the receipt of interior and exterior photographs of the completed project submitted through the GF warranty registration webpage.
BUYER’S INSPECTION OF GOODS: Buyer shall inspect the goods ordered not later than five (5) business days after receipt. If the goods do not conform to the contract between Buyer and GF or are damaged or defective, Buyer shall notify GF in writing of such nonconformity or defect (and supply accompanying pictures of defect or nonconformity) no later than five (5) business days after delivery and afford GF a reasonable opportunity to inspect the goods. Buyer assumes all risk of untimely notification to GF of non-conforming goods or goods damaged during transport that do not meet the notification requirements of the carrier’s claims procedures. Buyer shall not return any goods without the prior written consent of GF. If, in GF's opinion, the goods are defective or do not conform to the contract between Buyer and GF, GF shall furnish instructions for their disposition. Every claim on account of defective or nonconforming goods or due to any other cause shall be deemed waived by Buyer, unless made to GF in writing within five (5) business days of Buyer’s receipt of the goods to which such claim relates. Failure to give such notice, including all supporting documentation and photographs, shall be conclusively deemed acceptance of the goods by the Buyer.
BUYER’S REMEDY: Buyer’s sole and exclusive remedy for nonconforming or defective goods shall be replacement or repair of such goods by GF at the original point of shipment. If installation by GF, Buyer’s sole and exclusive remedy shall be repair of any defective performance. In all instances, GF will be given the reasonable opportunity, following written notice from Buyer, to issue and implement a plan to correct any deficient performance. GF must correct performance within a reasonable time, subject to existing material, production and installation lead times of GF. Buyer shall take no corrective action itself or by others while GF is in compliance with this paragraph. GF shall not be liable for the cost of any labor or materials expended by others prior to reasonable efforts by GF to correct performance. In no event shall GF be liable for any special, direct, indirect, incidental, or consequential damages to anyone by reason of the fact that such goods that are delayed, defective or nonconforming. GF SHALL NOT BE LIABLE FOR ANY OTHER COSTS, EXPENSES, CLAIMS, OR DAMAGES OF ANY KIND HOWSOEVER CAUSED, WHETHER FORESEEABLE OR NOT, INCLUDING (WITHOUT LIMITATION) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, HOARDING, OR SPECIAL DAMAGES. GF CANNOT BE LIABLE FOR LIQUIDATED OR DELAY DAMAGES UNDER ANY CIRCUMSTANCES. The Buyer, by acceptance of the Quote, expressly waives any right to all such costs, expenses, claims, and damages. Liability of GF is limited to the repair or replacement of the defective part and/ or installation, but never more than the original contract price. If known nonconforming goods are shipped at the direction of Buyer, Buyer assumes all responsibility and cost to install or retrofit goods with conforming parts to be supplied at a later date by GF.
OPERABLE PRODUCTS: Operable sloped and vertical vent products should not be operated when there is excessive snow, ice, or any other weight on the product. Operable sloped and vertical vent products must remain free of debris for proper operation. Operable sloped and vertical vent products should not be operated when the wind is blowing in excess of 50 mph, based on an exposure rating of B. Failure to comply with these limitations will void the warranty on the operable sloped and vertical vent products or any component thereof. GF shall not be liable for damage to Buyer’s structure or items contained therein due to Buyer misuse of product or failure to close product openings during inclement weather.
GLAZING: Variations in glazing tints occur in colors, coatings, and inter layers and may vary by batch. Industry standards govern the acceptance of these variations. Monolithic glazing may cause condensation to occur on glass surface. GF recommends using insulated glass to minimize condensation caused by temperature differentials. Condensation may still occur in high moisture environments, such as pool enclosures or greenhouses.
CUSTOMER SUPPLIED/SPECIFIED ITEMS: All hardware and accessories supplied or requested by Buyer that are outside of GF's standard offerings, including custom finishes, colors, hinges and hardware specified by Buyer, will be at Buyer’s risk. GF cannot be held liable for any color variations, performance, durability, non-conformity or other issues associated with Buyer’s selection, or any other claims. Hardware/selections must be supplied to GF prior to drawing approval. Buyer must supply CAD drawings or additional costs for drafting will apply. Buyer is responsible to confirm compatibility of hardware with GF product. GF will not maintain hardware or supply warranty on hardware provided by Buyer. If hardware is not compatible with GF product, Buyer is responsible for all replacement costs. Buyer assumes all risk of project delay associated with any such custom supplied/specified components.
SHIPMENT
TERMS OF SHIPMENT: Terms of shipment are : EXW factory . If accepted on Quote, GF will arrange shipment with a third party common carrier for the convenience of Buyer. Thereafter, the shipment of the goods shall be at Buyer’s risk. GF shall use its best judgment in choosing the best third party common carrier for the specific shipment; however, GF shall not be held responsible nor liable for deficient delivery by the third party common carrier. GF will work diligently with Buyer to resolve any issues with the third party common carrier. All claims and allowances for damage to the goods incurred in transit must be filed solely against and presented to the common carrier by the Buyer.
If Buyer does not authorize shipment from GF's property for more than fifteen (15) days from the date the goods are completed and ready for shipment, monthly storage fees will be assessed at 2% of total contract price or $200 per month, whichever is greater. GF retains title until storage fees due are paid in full.
GF STANDARD SHIPMENT: Quoted shipping assumes a standard size common carrier closed trailer with crates being hand unloaded or removed with a forklift by the Buyer. GF will make every reasonable attempt to coordinate alternate arrangements between the Buyer and the common carrier; however, alternate arrangements are subject to availability and logistics at the time of shipment as shipping costs are estimates only, and are not available in all areas. Additionally, GF will select the common carrier that is best suited for GF's needs at the time of shipment. Buyer is solely responsible for increases in shipping costs.
Manner of crating and order of shipping is at GF's discretion. If Buyer’s requests and/or requires special crating that is not part of accepted Quote, Buyer agrees to pay for increased costs, plus reasonable markup, to cover the increase in time and materials required for specialized crates. If requested by GF, Buyer will sign and accept a Change Order accepting these charges. GF will invoice Buyer accordingly.
TITLE: Unless shipment is by GF's own fleet, title of the manufactured product passes to Buyer upon loading with Buyer’s common carrier at GF's dock. GF shall retain a security interest in all such shipments until full payment is received. Upon transfer of title, all responsibility to insure any such shipment against loss rests solely with Buyer.
DAMAGED SHIPMENTS: Buyer shall not reject damaged shipments, but shall accept same and preserve its remedies against the appropriate party. If shipments are damaged while in the possession of the carrier, Buyer or any party other than GF, Buyer will be responsible for any and all additional costs and expenses, including re-fabrication, shipment of replacement components and/ or remobilization of Site Supervisor or Installation crew, incurred by GF as a result of damaged shipment. All damages, suspected damages, or quantity shortages, as viewed upon arrival, must be clearly noted on the Proof of Delivery with a Buyer representative’s signature. Buyer must immediately notify GF of any such events, in writing.
MISCELLANEOUS CONTRACT PROVISIONS
AUTHORITY: The individual(s) that executed the Quote on behalf of Buyer warrants that he/she has the full authority of Buyer to do so. It is agreed that GF shall be entitled to rely upon email approvals, facsimile and/or other forms of electronic signatures from Buyer’s representatives in all matters. Said email approvals, facsimile and/or other forms of electronic signatures shall be binding and deemed to carry the full force and effect of original ink signatures directly signed by the Buyer.
RIGHT OF USE: GF reserves the right to bid/quote any project to other customers of GF. GF shall have the right at any time, and from time to time, to photograph, or otherwise create copies, renderings or drawings, of the project and to reproduce or publish such items for any purpose. Any photographs or renderings of projects used by Buyer for marketing purposes must acknowledge GF as manufacturer. Warranty validation requires the receipt of interior and exterior photographs of the completed project. Buyer approves for publication (by print, electronic, presentation media or other means) any photographs, renderings, digital or print media of project provided by Buyer to GF. Buyer represents and warrants to GF that Buyer has the authority to authorize and license rights of use to GF. Buyer will defend, indemnify and hold GF harmless from claims of any third party arising out of GF's use of any such materials. All pricing provided assumes full rights will be provided.
APPLICABLE LAW: These terms and conditions and all orders placed by Buyer with GF hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, notwithstanding any conflict of laws and rules. If any clause herein conflicts with applicable state law of the project’s location, applicable law will govern. All other clauses not in conflict with this document will remain applicable.
STATUTE OF LIMITATION: Any suit or action of Buyer for breach of contract, including a claim for breach of warranty, must be brought within one year of the date on which the cause of action occurred. Unless otherwise provided by applicable law, any such cause of action will accrue upon the date of shipment of the goods to Buyer or Buyer’s agent or contractor or date of substantial completion of installation by GF. This one year statute of limitations cannot be extended under any circumstances, except upon written waiver or agreement by GF.
JURISDICTIONAL STATEMENT: The parties agree that the Middlesex County Superior Court and/or the federal court sitting in the United States District Court for the District of Massachusetts shall be the sole and exclusive courts having jurisdiction to hear and adjudicate any dispute(s) between the parties. In the event that Buyer institutes suit in any other jurisdiction, Buyer shall be responsible to pay all reasonable counsel fees and costs incurred by GF in contesting the jurisdiction of that Court. GF is not liable to compensate Buyer for any of Buyer’s expenses in pursuit of litigation.
COUNSEL FEES: Buyer will reimburse GF for all reasonable counsel fees and costs incurred, provided that GF is the substantially prevailing party, in any dispute or litigation between the parties, mechanics lien actions, or bond claims.
WAIVER: A waiver by GF of any breach of contract by Buyer shall not constitute a waiver by GF of the continuation of such breach or of any other breach of contract by Buyer.
AMENDMENTS: The parties’ contract may be modified only by a written document signed by an authorized representative of GF (manager level or higher).