TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS GOVERN THE SALE OF ALL PRODUCTS AND SERVICES ("PRODUCTS") BY GlobTek, Inc. ("GlobTek") AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION ("PURCHASE ORDER") FROM BUYER. THESE TERMS AND CONDITIONS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SELLER. NEITHER SELLER'S ACKNOWLEDGEMENT OF A PURCHASE ORDER NOR SELLER'S FAILURE TO OBJECT TO CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN A PURCHASE ORDER SHALL BE DEEMED AN ACCEPTANCE OF SUCH TERMS AND CONDITIONS OR A WAIVER OF THE PROVISIONS HEREOF.
ORDERS:Buyer must issue a Purchase Order or otherwise place an order by means acceptable to GlorTek. Orders shall identify the Products, unit quantities, part numbers, descriptions, applicable prices, ship to address and requested delivery dates. All orders are subject to acceptance by GlobTek. No order may be cancelled or rescheduled without GlobTek’s consent. Consent may be given by GlobTek in its sole discretion. GlobTek reserves the right to add a Rescheduling Fee should Seller deem applicable. Seller reserves the right to allocate sales of Products among its customers in its sole discretion.
RESTOCKING TERMS:Returning of stock items only: All claims must be made within ten (10) days of receipt of goods. GlobTek must authorize all returns. No return of product will be accepted without GlobTek’s Return Merchandise Authorization (RMA) number. All authorized returns will be subject to a minimum of 25% restocking charge* and buyer must pay return freight to GlobTek. Parts must be in original condition and packaging.
*Custom items and/or dedicated production lots are not returnable.
RETURNED MERCHANDISE:Replacement or credit will not be allowed for products returned without prior consent. No return of product will be accepted without a GlobTek RMA number. RMA requests for all goods that are found to be not in compliance with Seller's specifications shall be made according to Seller's RMA procedure within thirty (30) days of invoice/shipment date and may be replaced, repaired, or credited at GlobTek's option. All RMA claims reported more than thirty (30) days after the invoice/shipment date are not eligible for return, replacement or credit at subject to GlobTek’s Terms and Conditions. GlobTek will not issue credit if the Product has been altered, repaired, or opened by persons other than those authorized by GlobTek, become defective due to acts of God or negligence, become defective due to being subjected to abnormal conditions during installation, application or maintenance or if warranty has expired. Acceptance of Buyer's debit will not be made until material has been received and evaluated by the GlobTek. To determine the "Root Cause of Failure", the product may be destroyed during evaluation. If this occurs all of the above Terms and Conditions will remain in effect. All freight costs for returns, both from customer back to GlobTek and GlobTek back to customer will not be borne by GlobTek. GlobTek requires all goods to be returned freight, duty, and taxes prepaid to the location provided in the RMA authorization notification and repaired or replaced goods will be provided on an EX WORKS return location. GlobTek shall not be responsible, under any circumstances, for any rework or modification fee’s or costs not previously authorized in writing by GlobTek. If returned goods do not match the quantity or descriptions provided in the RMA application, any non conforming goods will not be qualified for repair, return, or replacement. Goods with illegible date code/serial # information may not be eligible for repair, return, replacement
PRICES/TAXES/TARIFFS:Prices shall be as specified by Seller and shall be applicable for the period specified in GlobTek’s quote. If no period is specified, prices shall be applicable for thirty (30) days. Notwithstanding the foregoing, prices shall be subject to increase in the event of an increase in GlobTek’s costs or other circumstances beyond GlobTek’s reasonable control. Prices are exclusive of taxes, impositions, tariffs, fees, and other charges, including, without limitation, sales, use, excise, value added, and ad valorem taxes, as well as tariffs of all types (including any tariffs imposed pursuant to any Section 301 Action by the United States Trade Representative) and similar taxes, fees, imposts, or charges of whatsoever kind, imposed now or in the future by any foreign or domestic governmental authority, international shipping charges, forwarding agent's and broker's fees, consular fees, document fees and import duties. If GlobTek shall be liable to collect and/or pay, or if the GlobTek shall pay, any of the foregoing, Buyer shall pay same to GlobTek in addition to the price of the Products.
TERMS OF PAYMENT:Payment shall be net thirty (30) days from date of invoice or as otherwise specified by GlobTek. Buyer agrees to pay the entire net amount of each invoice from Seller pursuant to the terms of each such invoice without offset or deduction. Orders are subject to credit approval by GlobTek, which may in its sole discretion at any time change the terms of Buyer's credit, require payment in cash, bank wire transfer, or by official bank check and/or require payment of any or all amounts due or to become due for Buyer's order before shipment of any or any of the Products. If GlobTek believes in good faith that Buyer's ability to make payments may be impaired or if Buyer shall fail to pay any invoice when due, GlobTek may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Buyer shall remain liable to pay for any Products already shipped and all Products ordered by Buyer. Buyer agrees to submit such financial information from time to time as may be reasonably requested by GlobTek for the establishment and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from Buyer may be applied by GlobTek against any obligation owing from Buyer to GlobTek, regardless of any statement appearing on or referring to such check, without discharging Buyer's liability for any additional amounts owing from Buyer to GlobTek, and the acceptance by GlobTek of such check shall not constitute a waiver of GlobTek’s right to pursue the collection of any remaining balance. Buyer shall pay interest on any invoice not paid when due according to the due date at the rate of eighteen (18%) percent annually or the highest rate allowable by law. If Buyer fails to make payment when due, GlobTek may pursue any legal or equitable remedies, in which event GlobTek shall be entitled to reimbursement for costs of collection and reasonable attorneys fees.
REFUSED OR DAMAGED SHIPMENTS:All products returned to GlobTek due to refusal of acceptance by buyer, without GlobTek authorization, will be subject to minimum of 25% restocking charge* and buyer must pay return freight to GlobTek. Parts must be in original condition and packaging. Seller takes extra precautions to insure that shipments are made under the Highest Quality Standards. In the event a shipment is received in damaged condition, Buyer shall contact the carrier to submit claim, keep Products in original boxes pending carrier's inspection and place a replacement order with the Seller.
*Custom items and/or dedicated production lots are not returnable.
TECHNICAL ADVICE AND DATA:Any technical advice offered or given in connection with the use of any goods is an accommodation to Buyer without charge and GlobTek shall have no responsibility or liability whatsoever for the content or use of such advice. Without GlobTek's prior written consent, Buyer shall not use, duplicate or disclose any technical data delivered or disclosed by GlobTek to Buyer for any purposes other than for installation, operation or maintenance of goods purchased by Buyer. Any use made of GlobTek classifications, whether it be ECCNs or any variation of Harmonized Tariff codes, is without recourse to GlobTek and at the user’s risk. Export classifications are subject to change. If you export or re-export, your company, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by GlobTek is for GlobTek’s internal use only and shall not be construed as a representation or warranty regarding the proper export classification nor relied upon to make licensing determinations.
FORCE MAJEURE:GlobTek shall not be liable for failure to fulfill the obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. GlobTek's time for performance of any such obligation shall be extended for the time period of such delay or GlobTek may, at its option cancel any order or remaining part thereof without liability, advising in writing notice of such cancellation to Buyer.
LIMITATION OF LIABILITIES:BUYER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF GLOBTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER'S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED BUYER'S PURCHASE PRICE FOR THE PRODUCT GIVING RISE SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. GLOBTEK SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD GLOBTEK HARMLESS FROM ANY CLAIMS BASED ON GLOBTEK'S COMPLIANCE WITH BUYER'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS. GLOBTEK INC. WILL NOT BE LIABLE FOR THE SAFETY AND PERFORMANCE OF THESE PRODUCTS IF UNAUTHORIZED USE, ACCESS AND/OR REPAIR. END USER SHOULD CONSULT APPLICABLE UL, CSA OR EN STANDARDS FOR PROPER INSTALLATION INSTRUCTIONS. GLOBTEK PRODUCTS ARE NOT AUTHORIZED FOR USE AS MISSION CRITICAL COMPONENTS IN LIFE SUPPORT, HAZARDOUS ENVIRONMENT, NUCLEAR OR AIRCRAFT APPLICATIONS WITHOUT PRIOR WRITTEN APPROVAL FROM THE CEO OF GLOBTEK INC. CONTENTS OF GLOBTEK SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
GENERAL:As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include singular. No rights, duties, agreements or obligations hereunder may be assigned or transferred by either party, by operation of law, merger or otherwise, without the prior written consent of the other. Any attempted or purported assignment shall be void. Notwithstanding the foregoing, GlobTek's obligations under these Terms and Conditions may be performed by divisions, subsidiaries or affiliates of GlobTek. The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and their respective successors and assigns. The waiver of any provision hereof or of any breach or default hereunder shall not be deemed a waiver of any other provision hereof or breach or default hereunder. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, excluding any law or principle, which would apply the law of any other jurisdiction. The United Nations Convention on contracts for the International Sale of Goods shall not apply to these Terms.
LIMITED WARRANTY:GLOBTEK’S POWER SUPPLIES ARE BUILT WITH PRIDE BY PROFESSIONALS DEDICATED TO UNCOMPROMISING QUALITY AND RELIABILITY. YOUR COMPLETE SATISFACTION WITH OUR PRODUCTS IS OUR PARAMOUNT OBJECTIVE. IF GLOBTEK IS GIVEN NOTICE OF A DEFECT IN MATERIALS OR WORKMANSHIP OCCURRING WITHIN FIVE (5) YEARS FROM THE DATE OF SHIPMENT BY GLOBTEK, THEN GLOBTEK SHALL, AT ITS SOLE OPTION: 1) REPAIR OR REPLACE THE DEFECTIVE PART(S) OR PRODUCT(S) OR 2) REFUND THE ORIGINAL PURCHASE PRICE, BOTH SUBJECT TO THE FOLLOWING PROVISIONS OF THIS PARAGRAPH. THIS WARRANTY ONLY EXTENDS TO POWER SUPPLIES, ELECTRICAL ASSEMBLIES AND POWER CABLES MADE BY GLOBTEK. THIS WARRANTY DOES NOT EXTEND TO ANY AND ALL BATTERY CELLS, OR TO BRANDED CONNECTOR ITEMS, CUSTOMER SPECIFIED ITEMS FROM OTHER MANUFACTURERS, CUSTOMER SUPPLIED MATERIALS, OR DEFECTS RESULTING FROM CUSTOMER SUPPLIED MATERIALS. DEFECTS RESULTING FROM CUSTOMER SUPPLIED MATERIALS WILL NULLIFY THIS WARRANTY. THIS WARRANTY ALSO DOES NOT EXTEND TO PRODUCTS WHICH HAVE BEEN OPENED, ALTERED OR REPAIRED BY PERSONS OTHER THAN PERSONS AUTHORIZED BY THE MANUFACTURER OR TO PRODUCTS WHICH BECOME DEFECTIVE DUE TO ACTS OF GOD AND OTHER ACTS CONSTITUTING FORCE MAJEURE AS DEFINED IN SECTION 8 ABOVE, NEGLIGENCE OR THE FAILURE OF THE USER TO FULLY FOLLOW INSTRUCTIONS WITH RESPECT TO INSTALLATION, APPLICATION OR MAINTENANCE. THIS WARRANTY DOES NOT EXTEND TO PRODUCTS WHICH HAVE BEEN SUBJECT TO ABNORMAL USE, ABNORMAL CONDITIONS, IMPROPER STORAGE, SPILLAGE OF LIQUIDS, MISUSE, NEGLECT, EXPOSURE TO CLEANING AGENTS NOT RECOMMENDED BY THE MANUFACTURER, OR OTHER ACTS WHICH ARE NOT THE FAULT OF GLOBTEK. THIS WARRANTY DOES NOT COVER ORDINARY WEAR AND TEAR, DEFECTS IN APPEARANCE, COSMETIC, DECORATIVE OR STRUCTURAL ITEMS OR NON-OPERATIVE PARTS. WITH REGARD TO BATTERY CELLS, OR TO BRANDED CONNECTOR ITEMS, CUSTOMER SPECIFIED ITEMS FROM OTHER MANUFACTURERS, AND CUSTOMER SUPPLIED MATERIALS, THE BUYER IS REFERRED TO THE MANUFACTURER’S WARRANTY, IF ANY. FOR RECHARGEABLE BATTERY PACK PRODUCTS, ANY CLAIM FOR WARRANTY MUST BE SUPPORTED BY AUDITABLE EVIDENCE OF PROPER USE, HANDLING, AND MAINTENANCE ACCORDING TO GLOBTEK AND CELL MANUFACTURER SPECIFICATIONS. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, GLOBTEK MAKES NO WARRANTY,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS NOT A WARRANTY OF FUTURE PERFORMANCE. IN ORDER TO EXERCISE THE BUYER’S REMEDY FOR BREACH OF THIS LIMITED WARRANTY, GLOBTEK MUST BE GIVEN WRITTEN NOTICE OF A DEFECT IN MATERIALS OR WORKMANSHIP WITHIN FIVE (5) YEARS OF THE DATE OF SHIPMENT. FURTHER, GLOBTEK’S INSPECTION ESTABLISHES THE EXISTENCE OF A DEFECT. PACKAGING, FREIGHT, INSURANCE AND OTHER CHARGES INCURRED IN RETURNING THE DEFECTIVE PRODUCTS TO WILL BE PAID BY THE BUYER. IF THE BUYER FAILS TO FULLY COMPLY WITH THE FOREGOING, BUYER SHALL NOT BE ENTITLED TO ANY ALLOWANCE OR CLAIM WITH RESPECT TO SUCH PRODUCT. THE BUYER AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSSES) SHALL BE AVAILABLE TO THE BUYER.