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TERMS AND CONDITIONS TO GLOBAL POWER’S QUOTATION FOB DESTINATION

  1. Complete Agreement and Acceptance: These terms and conditions apply to the sale of any goods covered by Global Powers’ Quotation (“Quotation”). Any additional or different terms or conditions proposed by Buyer shall not be effective unless and until the additional or different terms or conditions are accepted by Seller by written signature or e-mail acknowledgement. Buyer’s issuance of a purchase order (“PO”) constitutes Buyer’s acceptance of the provisions herein. All terms and conditions contained in any PO or other documents from Buyer are hereby expressly rejected. All sales are expressly conditioned upon Buyer’s assent to these terms and conditions.

  2. Warranties and Standards: Seller makes those of the following warranties as are appropriate for any goods supplied: (1) the goods will be produced according to Seller’s standard manufacturing process and (2) at time of delivery, meet either Seller’s standard specifications or Buyer’s specifications, as applicable. Buyer’s sole and exclusive remedy in the event of a breach of warranty is, at Seller’s sole discretion, repair, replacement of, or credit against future purchases for, the non-conforming portion of the product. Seller excludes any warranty or liability arising out of or relating to: (a) accident, theft, misuse or neglect; (b) lack of routine care or maintenance; (c) failure to use or take proper precautions; (d) modification of any product; (e) defects, problems, or failures created by third-party products or their interface with Seller’s products; (f) damage to goods occurring during unloading at Buyer’s destination; and (e) Force Majeure.

    THE ABOVE ARE SELLER’S SOLE AND EXCLUSIVE WARRANTIES AND THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO BUYER. EXCEPT AS OTHERWISE SET FORTH HEREIN, SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, AND NON-INFRINGEMENT.

  3. Delivery, Inspection and Title: Unless otherwise stated in writing, all prices, quotes, order acknowledgements, shipments and deliveries are FOB Buyer’s destination identified in the PO (“Destination”). Title and risk of loss pass to Buyer upon arrival of the goods at the Destination, unless within forty-eight (48) hours after arrival, Seller provides written notice to Seller that the goods are non-conforming. Seller shall not be liable for loss of or damage to goods occurring during loading or transit unless Buyer (a) inspects the goods prior to unloading; (b) provides Seller written notice of loss or damage to the goods within forty-eight hours after the goods arrive at the Destination; and (c) preserves evidence of the damaged goods such that Seller may make a claim for damages with the carrier and/or third-party insurer. In procuring freight insurance for the goods, Seller may rely on Buyer’s reasonable declaration of value as to any goods Buyer supplies Seller in conjunction with the goods described in the PO (“Buyer’s Declared Value”). However, in no case shall Seller be liable for any loss of or damage to goods that occur during inspection or unloading. Seller retains a purchase money security interest in the goods until all payments (including deferred payments) are received in full. Upon Seller’s written request, Buyer agrees to do all acts necessary to perfect and maintain such security interest.

  4. Assumption of Risk and Limitation of Liability: Buyer assumes all risk and liability for inspection, unloading, storage, and use of goods. Notwithstanding any term or condition herein, in no event will Seller be liable (a) for indirect damages (including but not limited to, special, incidental and consequential damages, even if Seller has been advised of the possibility of same); or (b) for direct damages in an amount exceeding the invoiced price of the goods Buyer paid to Seller in this Quotation plus the Buyer’s Declared Value. Buyer expressly agrees that this limitation of liability is an allocation of risk constituting part of the consideration supporting sale of the goods.

  5. No Waiver; Modification; Entire Agreement: Seller’s waiver of any breach of these terms and conditions shall not constitute a waiver of any other breach. Seller’s Quotation and these terms and conditions constitute the entire understanding and agreement between Seller and Buyer and may only be modified or amended by a written document signed by one of Seller’s officers.

  6. Other: This Quotation and any resulting contract for the sale of products shall be interpreted and governed by the laws of the State of Wisconsin, without regard to its conflict of law principles. Buyer expressly agrees that any dispute will be resolved by a court of competent jurisdiction in the State of Wisconsin.

10/14/15 10:39 AM

Our Address:
6682 W. Greenfield Ave. #102
West Allis, WI, USA 53214
Call Us Today:
Ph: (414) 475-3000
Fax: (414) 475-3441
Hours of Operation:
Mon. - Fri.
8am - 5pm
Map of Global Power Components West Allis WI
 

About The Area

West Allis is just West of the great city of Milwaukee which means Global Power Components has access to all the major highways. West Allis is home to hundreds of local businesses that have been around for many decades. Business Week Magazine named West Allis as a runner-up in the "Best Places to Raise Your Kids - 2010" and Forbes Magazine named Milwaukee-West Allis-Waukesha the second safest metro region by Forbes Magazine in October, 2009