Terms and Conditions/Disclaimers
TERMS, CONDITIONS AND ACKNOWLEDGEMENT These Terms are the only terms which govern the sale of the goods (“Products”) by Glide-Lock Mfg, Inc. (“Seller”) to the buyer (“Buyer”) named on the accompanying confirmation of sale order accompanying these Terms (such document, the “Sales Order”). The Sales Order and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer’s general terms and conditions of purchase regardless of when Buyer has submitted its Order or such terms and conditions. Fulfillment of Buyer’s Order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms. All sales orders must be signed by the buyer to become a valid order. All sales are final, no returns, no credits, no refunds of any sort. Warranties are solely provided against manufacturing defects, No warranties other than as noted in writing is expressed or implied, Written Warranties for products can be found on this website. Glide-Lock is a supply only company and does not perform installations of any manner. Glide-Lock may refer third party independent contractors /installers in various markets and receive no financial gains or benefits from this service. Glide-Lock assumes no responsibility of contractors/installers who may be referred and it is the sole responsibility of the buyer to perform their own due diligence before hiring any contractor/installer. All items that you agree to purchase will be properly listed within a sales order which is the buyers responsibility to review and confirm the accuracy of the items listed. Glide-Lock reserves all rights to limit quantities, refuse a sale, or discontinue a product or product line at anytime. All items listed on the sales order must be paid in full prior to delivery or CASH at delivery including granite and quartz prior to delivery unless you are an established account with a line of credit. . Buyer agrees to provide feedback of negative dissatisfaction only through the means of the customer feedback form on this website as an initial step toward a resolution in resolving their matter/claims. If the claims cannot be resolved in this matter then the customer agrees to the next step in the process of binding arbitration and then as a final resource will be civil litigation in Sioux Falls, SD. Buyer agrees not to provide or disseminate any negative or derogatory information about this company or it’s employees or affiliates online or through social media, bbb, gossiping or third parties other than legal counsel. If such occurrence shall happen it will result in punitive damages of not less than $250,000.00 and up to 1 million dollars for each occurrence which can not be included in a bankruptcy proceeding. All signed documents between the buyer and Glide-Lock are considered legal binding contracts and all applicable laws of South Dakota apply regarding contract of sale. Buyer is not permitted at anytime to consult, negotiate and/or purchase products from Glide-Lock vendors or business affiliates without written authorization of Glide-Lock Mfg, Inc. Any claims and or litigation that may arise between the parties regardless of who initiated, Sioux Falls, SD will remain the jurisdiction. All claims must be submitted in writing to the corporate office address Glide-Lock Mfg, Inc. 3916 N Potsdam Ave #231 Sioux Falls, SD 57104.
LEGAL EXPENSES. In the event Buyer fails to comply with the provisions of these terms or any invoice and/or fails to make any payments in connection with the purchase of any Product, Glide-Lock Mfg, Inc. shall be entitled to recover its reasonable attorney’s fees and all other costs and expenses incurred in connection with any legal action that Glide-Lock Mfg, Inc. takes to enforce its rights under these terms, including without limitation, expert witness fees, court reporter fees, and collection expenses, whether or not such action proceeds to judgment.
SHIPMENT AND DELIVERY. Unless otherwise agreed in writing by the parties, all Orders will be delivered to the address set forth on the Sales Confirmation (the “Delivery Point”). Seller will deliver the Products within a reasonable time after receipt of Buyer’s Order using Seller’s standard methods for packing and shipping such Products. Seller shall not be liable for any delays, loss or damage in transit. Deliveries delayed by Buyer shall be at Buyer’s sole risk and expense. Buyer shall take delivery of the Products upon Seller’s Notice that the Products have been delivered to the Delivery Point. Buyer shall be responsible for all unloading costs and provide equipment and labor reasonably suited for receipt of the Products at the Delivery Point. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Products to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s Order.
NOTICES. All notices, request, consents, claims, demands, waivers and other communications here-under (each, a “Notice”) shall be in writing and addressed to the parties at Glide-Lock Mfg, Inc. 3916 N Potsdam Ave #231 Sioux Falls, SD 57104 that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
INSPECTION AND REJECTION OF PRODUCTS. Buyer shall inspect the Products at time of delivery for visible damages and shortages. (the “Inspection Period”). Any shortages, damages must be stated on your shipping receipt otherwise your claim will be denied other than concealed damages. Concealed damages must be reported in writing within 24 hours of delivery otherwise claim will be denied. Buyer agrees to pay in full for all materials received as noted on the sales order and/or shipping receipt. Buyer will be deemed to have accepted the Products unless it notifies Seller in writing of any shortages or damages of Products during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller.
Disclaimer * Customer assumes all responsibility for measurements, quantity, size, local code ordinances, application and suitability for all items ordered.