Terms of Sale
The following terms and conditions shall apply to all purchases from Factory Glass Direct, LLC. (FGD):
1.
Acceptance of Terms. All sales by FGD to the Buyer of FGD’s products
and services will be governed by these terms and conditions. These
terms of sale shall be the complete and exclusive statement of the
terms of agreement between Buyer and FGD. By placing on order with FGD,
Buyer indicates acceptance of these terms.
2. Prices. The
prices of the products and services are those listed on FGD’s webstore,
sales estimate, order acknowledgement or invoice, or the price
specified in writing by FGD at the time Buyer places the order. Any
volume-based discounts set forth will be rescinded if Buyer fails to
meet the conditions on which the discounts are based. Prices are
understood to exclude any taxes, government fees, and shipping charges
unless otherwise stated in writing.
3. Orders. Acceptance of
orders by FGD is contingent upon the issuance of a written order
confirmation by FGD. Customer may make changes to orders for
twenty-four (24) hours after receipt of written order confirmation but
changes must be made prior to a final sale being processed. Failure to
do so will constitute acceptance of FGD’s order confirmation.
4.
Payment. Payment is due in advance, either by check or credit card,
unless credit is approved by FGD. If credit is granted, payment shall
be due thirty (30) days after the date of the invoice, unless otherwise
specified on the front of the invoice. Any late payments shall be
assessed interest computed on a daily basis from the due date until
paid in full at the rate of one and one-half percent (1 ½%) per month
or the maximum rate permitted by law, whichever is less. FGD retains a
security interest in the products delivered to Buyer, and in their
accessories, replacements, accessions, proceeds and products, including
accounts receivable to secure payment of all amounts due under this
agreement. If customer fails to pay any amount when due, FGD shall have
the right to repossess and remove all or any part of the collateral
from Buyer, but not from Buyer’s customers.
5. Shipments.
Online orders will be shipped via UPS, FedEx, or common freight
carriers. UPS and FedEx deliveries are made to your door or shipment
receiving area. Common freight deliveries are “curbside” delivery.
Freight charges from Factory Glass Direct do not included delivery
inside the physical house. Freight quotes are considered as curbside
service. You should be contacted by the freight line as to setting up a
time for receiving your order and you will be responsible to have the
necessary help for unloading. For further information, please contact
us at 770-614-4121. All prices quoted are F.O.B. our premises or those
of our suppliers unless otherwise stated on quotation. Buyer agrees
that all freight, delivery, taxes, or other government charges shall be
paid by Buyer if not included in quote or online purchase price.
Delivery is considered complete upon delivery of products to the
carrier.
6. Inspection and Acceptance; Returns. Customer shall have the right to inspect the products at the time and place of delivery before accepting them unless consignee is unavailable at time or place of delivery. The products shall be deemed accepted by Buyer unless notice of defect is received within five (5) business days of shipment delivery. Factory Glass Direct, Inc. does require that you use a return authorization number when returning defective merchandise to us. Contact us at returns(@)factoryglassdirect.com for preauthorization and we will send an RMA# for your return. The product MUST BE returned to FGD within fifteen (15) days of shipping. The product must be in its original packaging and be in new condition. FGD will accept no returns without prior written approval. If FGD determines that the products do not conform to the contract, FGD will either replace the nonconforming goods or accept their return and credit Buyer’s account to the extent Buyer has paid FGD for said goods. The above constitutes Buyer’s only remedy for breach of warranty by FGD with respect to the product. Buyer shall be responsible for all costs associated with the return of a product. UPS or FedEx will usually try three times to make a delivery, they will leave a note on the 1st delivery attempt at the shipping address to notify a delivery attempt. It is your responsibility to be home or contact the shipping company to setup delivery. If product is returned back to us from a failed or a refused delivery, Buyer is responsible for return shipping cost and a 25% restocking fee.
7.
Returns for non-defective or non-damaged items. Factory Glass Direct,
Inc. does require that you use a return authorization number when
returning non-defective merchandise to us. Contact us at
returns(@)factoryglassdirect.com for preauthorization and we will send
an RMA# for your return. The product MUST BE returned to FGD within
fifteen (15) days of shipping. The product must be in its original
packaging and be in new resalable condition. FGD will accept no returns
without prior written approval. Buyer is responsible for return
shipping cost and a minimum of 25% restocking fee, which could be more
depending on the condition of the item upon return. We do not credit
the original shipping charge. If product shows free ground freight we
will deduct the shipping charge from the total and it will not be
credited. No duct tape on the box (clear shipping tape only), it has to
be in the original box with the original packing.
8.
Warranty. FGD warrants to Buyer that all products will conform to and
perform in accordance with the applicable current specifications, which
are based on the specifications of the suppliers of FGD. This warranty
does not apply to any product that has been subjected to misuse, abuse,
accident, disaster, or which has been used contrary to current
instructions. The foregoing constitutes the sole warranties, express or
implied, given by FGD in connection with the products. FGD disclaims
all other warranties, including warranties of merchantability, fitness
for a particular purpose, and non-infringement of third party rights.
FGD assumes no liability for consequential damages, anticipated or lost
profits, incidental damages, loss of time, or other losses incurred by
Buyer or any third party in connection with the products.
9.
Governing Law and Venue. This agreement, the entire relationship
between FGD and Buyer, and any litigation or other legal proceeding
between Buyer and FGD shall be governed by and construed in accordance
with the laws of the STATE of GEORGIA, without giving effect to its
choice of law rules. This contract is fully performable in GWINNETT
COUNTY, GEORGIA.
10. Force Majeure. FGD shall not be liable
for delays or failure to perform hereunder for any cause beyond the
control of FGD, including without limitation: fire, flood or other
casualty or Act of God; strikes or other labor trouble; shortage of
labor, materials, fuel, or production facilities; delay or
interruptions in transportation; war; embargoes; legal restrictions or
actions of any governmental authority.
11. Limitation of
Liability. FGD’s aggregate liability to Buyer for claims relating to
the products is limited to the amounts Buyer has paid to FGD for the
products.
12. Indemnification. Buyer agrees to defend,
indemnify and hold completely harmless FGD from and against any and all
claims, damages, costs, and expenses, including attorneys’ fees,
arising from proceedings related to your use of the products purchased
from FGD.
These terms and conditions are subject to change at any time at the sole discretion of FGD.