Terms and Conditions

We at GT Midwest appreciate your business, and we know no one likes surprises. To that end, we are listing our policies and warranty information here.

Please feel free to call us if you have any questions. If you are unsure of something, please ask before you place your order.

PRICES

All prices, terms and conditions of sale are subject to change without notice. Every effort will be made to provide pricing stability, operating efficiency and reasonable notice of all changes.

RETURN OF MATERIAL

All sales are final and returns are at the sole discretion of the seller. All returns must be authorized in writing PRIOR to return, must be shipped prepaid and must reference our authorization number on the package. All returns are subject to a 15% (minimum) restocking charge to cover handling and administrative expenses. This charge is not a penalty and should not be viewed as such. Returns resulting from our errors are NOT subject to any restocking charges.

CREDIT POLICY AND CASH DISCOUNT TERMS

Open account credit terms are available upon request and upon verification of an acceptable payment history. All international sales must be prepaid, sight draft, or irrevocable letter of credit drawn on a prime bank. Some sales (not all) carry cash discount terms of 2% 10 days, net 30 days. Overdue accounts will be subject to 2% per month interest and COD terms.

LIMITED WARRANTY AND DISCLAIMER

Except with respect to goods (or components thereof) manufactured by others, GT Sales & Manufacturing, Inc. (the seller), warrants, for a period of ninety (90) days following shipment, only that the goods and/or services described herein (the “goods”) are free from defects in workmanship performed by the seller that exist at the time of shipment of the goods by the seller. All warranty claims must be made within ninety (90) days after the seller has shipped the product. The seller’s liability hereunder is limited to the purchase price of any product proven defective or, at the seller’s option, to the replacement of such product F.O.B. the seller’s home office.

IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY. IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE PURCHASE PRICE PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COST OF RENTING ANY REPLACEMENT OR ANY OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A CONSIDERATION IN SO LIMITING SELLER’S LIABILITY AND PURCHASER’S REMEDY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The law of the State of Kansas shall apply to any resulting agreement with respect to a sale of the goods.

SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF THE NEGLIGENCE OF THE PURCHASER OR ANY USER, WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CASE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.

THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE CREATED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS.

AS TO GOODS (OR COMPONENTS THEREOF) SOLD BY THE SELLER BUT MANUFACTURED BY OTHERS, THE BUYER SHALL ACCEPT IN LIEU OF ANY LIABILITY, GUARANTEE OR WARRANTY FROM THE COMPANY, THE BENEFITS OF ANY GUARANTEE OR WARRANTY OBTAINED BY THE SELLER FROM THE MANUFACTURER THEREOF. THIS INFORMATION IS FURNISHED SOLELY TO NOTIFY THE BUYER THAT THEY MAY BE COVERED BY A WARRANTY FROM THE MANUFACTURER. THE SELLER IS NOT ADOPTING OR ASSUMING RESPONSIBILITY FOR THE MANUFACTURER’S WARRANTY AND IS NOT MAKING ANY OTHER EXPRESSED OR IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY CONCERNING THESE GOODS.

FREIGHT CHARGES

All shipments are F.O.B. point of shipment. Seller reserves the right to select the method and type of transportation. If a method of transportation other than that selected by Seller is requested by Buyer, excess packing, shipping and transportation charges resulting from compliance with Buyer’s request shall be for Buyer’s account.

DROP SHIPMENT

Merchandise may be shipped directly to your customers. We reserve the right to deny drop ship privileges for any reason. All drop shipments must comply with our standard procedures as outlined above under freight charges.

GOODS DAMAGED IN TRANSIT/CONCEALED DAMAGE

Damage to goods in transit is the responsibility of the carrier. It is the responsibility of the customer to report all damages to the carrier without delay. Any evidence of damage to material shipped, upon opening of the original shipping package must be reported to and a claim made with the delivery carrier without delay.

TAXES

Any taxes which Seller may be required to pay or collect under any existing or future laws with respect to the sale, purchase, delivery, storage, processing, use or consumption of any other materials covered thereby, including taxes upon or measured by the receipts from the sales thereof, shall be for the account of Buyer who shall promptly pay the amount thereof to Seller upon demand, or in lieu thereof, furnish Seller with a tax exemption certificate acceptable to the taxing authorities.

Form S0010

Rev A

Dated 3/15/09