Terms & Conditions

  1. Payment: Payment of the purchase price for goods and/or services acquired from Global Distributor LLC. shall be made pursuant to the terms set forth on each invoice. Applicant agrees to pay all charges according to the payment terms established in each invoice. The entire outstanding balance due on all invoices shall become due to Global Distributor LLC. in full immediately upon default in the payment of any invoice.
  2. Interest: Applicant agrees to pay interest at the highest rate permitted by law on any payment past due, pursuant to the terms set forth on each invoice until collected.
  3. Accurate Information: Applicant hereby certifies that the information furnished under this application and on any financial statements furnished in connection herewith is true and correct and that this information is being furnished to Global Distributor LLC. for the purpose of inducing Global Distributor LLC. to extend credit to Applicant, and understands that Global Distributor LLC. intends to rely upon such information as correct.
  4. Global Distributor LLC. Expenses: Applicant shall pay to Global Distributor LLC. all costs and expenses, including, without limitation, reasonable attorney’s fees of amount owed, and the fees of any collection agency and court costs, incurred by Global Distributor LLC. in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereunder.
  5. Global Distributor’s Terms Control: These Global Distributor Terms and Conditions of Sale (“Terms”) shall control and prevail over any contrary terms in Purchaser’s purchase order.
  6. Additional Transportation Charges: Global Distributor shall not be responsible for spotting, switching, demurrage or other transportation charges unless agreed to in writing.
  7. Force Majeure Global Distributor shall arrange reasonably prompt shipment of Products, F.O.B. the point or points of delivery designated by Global Distributor, pursuant to terms hereof, provided, however, that Global Distributor shall not be responsible for delays in deliveries due to fire, flood, tornado, earthquake, war, riot, insurrection, strike, lockout, slowdown, epidemic, quarantine restriction, delay in transportation, car shortage, labor shortage, materials shortage, manufacturing facility shortage, accident at Global Distributor’s warehouse, boycott, embargo or any act or regulation of government or governmental authority (including, without limitation, preference, allocation or priority systems for government), force majeure and other contingencies beyond Global Distributor’s control resulting in impossibility of performance of Global Distributor’s duties and obligations hereunder.
  8. Risk of Loss: Risk of loss, damage to and title to Products shall pass upon delivery thereof to Purchaser’s carrier or other point or points of delivery designated by Global Distributor as provided in these Terms. Upon receipt of shipment, it shall be the responsibility of purchaser or the consignee receiving shipment to check materials and secure written acknowledgment from delivering carrier for any shortages, loss or damage. Notification of such shortages, loss or damage must also be made in writing to Global Distributor.
  9. Prices: Purchaser shall purchase Products in accordance with Prices, as determined by Global Distributor, that are prevailing at time of shipment.
  10. Manufacturer’s Warranty: Global Distributor shall pass through to Purchaser such warranties as are provided to Global Distributor for such Product for each Product purchased by Purchaser pursuant to this Agreement.
  11. DISCLAIMER OF WARRANTIES: THE MANUFACTURER’S WARRANTY PASSED ON THROUGH BY Global Distributor TO PURCHASER HEREUNDER, IF ANY, SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  12. LIMITATION OF LIABILITY: PURCHASER’S SOLE AND EXCLUSIVE REMEDY RELATING TO THIS AGREEMENT AND/OR PRODUCTS SHALL BE THE REMEDY, IF ANY, AFFORDED BY THE MANUFACTURER OF SUCH PRODUCTS TO PURCHASER AND/OR PURCHASER’S CUSTOMERS AS PROVIDED BY, AND WITHIN THE TIME PERIOD SPECIFIED THEREIN, NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSONS OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO PURCHASER OR PURCHASER’S CUSTOMERS.
  13. Governing Law and Forum: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Idaho, United States of America; provided, however, that any and all disputes hereunder shall be decided exclusively by litigation in state or federal courts located within the County of Boise, Idaho Division, United States of America.
  14. No Returns; No Refunds: Products are returnable only as provided in the applicable manufacturers warranty for such Products, and Products otherwise shall be nonrefundable and the Prices paid shall be nonrefundable.
  15. General Provisions: (a) No modification hereof shall be binding upon either party unless the modification is in writing and signed by a duly authorized representative of both parties. The failure of Global Distributor LLC. to insist, in any one ore more instances, upon performance hereunder, or to exercise any right hereunder, is not a waiver of the future performance of any term, covenant or condition or the future exercise of such right; (b) If any provision of this Agreement is unenforceable, such unenforceability shall not affect the remainder of this Agreement unless a failure of consideration would thereby result; (c) This Agreement shall be binding upon and, except as otherwise provided herein, shall inure to the benefit of the parties hereto and their respective successors and assigns; (d) The rights and remedies granted herein are in addition to those otherwise available in equity; (e) The terms and conditions of this contract and of any sales and payments made pursuant hereto are performable in Boise, Idaho; (f) Each and every purchase order made by purchaser of product from Global Distributor shall be subject to the terms and conditions set forth herein.