PURCHASING TERMS AND CONDITIONS
PURCHASING TERMS AND CONDITIONS FROM SELLER (GLOBAL OUTDOOR CONCEPTS, INC./GOC)
The Terms and Conditions of the sales of the product(s) are limited to those stated herein. Any additional, different, conditioned, verbal, or expresses in any form must be stated in writing and attached to and/or included in the Seller’s Sales Purchase Invoice. The Customer/Purchaser agrees to be bound by these Sales Terms and Conditions with the acceptance of the Sales Purchase Invoice and the acceptance of the delivered invoiced product(s).
These Terms and Conditions shall constitute a legal binding contract between the Customer/Purchaser and the Seller. The Customer/Purchaser accepts these Terms and Conditions set forth within by making a purchase from and/or placing an order with the Seller via Phone Sale, Website Sale, Website E-Commerce Sale, Mobile Site Application, and/or Seller’s Authorized Reseller. These Terms and Conditions are subject to change without prior notice, except the Terms and Conditions posted on the Sellers Main Website at the time the Customer/Purchaser places the sales order or accepts the Product Sales Invoice.
The stated Terms and Conditions stated here within shall contain the entire understanding between the Customer/Purchaser and the Sales Company (Global Outdoor Concepts, Inc./GOC) and shall supersede and replace in its entirety any and all prior communications and contemporaneous agreements and/or understanding, whether oral, written, electronic and/or implied with respect to the submitted Sales Invoice of the Sales Company’s Products. The Customer/Purchaser shall be bound to these terms and conditions, as well as the terms and conditions stated on the submitted Sales Invoice, once the Sales Invoice has been submitted to the Customer/Purchaser via Email, US Postal Mail and/or Fax and Payment is made.
THE GOVERNING LAW
These Terms and Conditions, Statement of Work, Sale Invoice and/or Sale of Products will be governed by the laws of the State of Nevada, without regard to conflicts of law rules, any arbitration, enforcement of any arbitration or court of law litigation will be brought exclusively in Clark County, Nevada. Both the Customer/Purchaser and the Sale Company agree that the final Sales and Venue of this Sales Invoice Contract shall be considered in Clark County, Nevada. Neither Party shall institute any action in any form arising out of these Terms and Conditions of this Sales Transaction (other than an action for the Customer/Purchaser’s lack of nonpayment owed to the Seller) for more than a one (1) year period after the cause of action has materialized.
RISK OF SHIPPING DAMAGES AND/OR LOSS
All shipments, title and ownership to the Products and risk of loss or damage during shipment shall pass from the Seller to the Customer/Purchaser from Sellers shipping location (F.O.B.) Las Vegas, freight and shipping insurance pre-paid and added). Once the Product Invoice has been submitted and payment has been received and the shipping Bill of Lading has been issued the ordered Product becomes the property of the Customer/Purchaser, although the Seller shall assist (at their own discretion) the Customer/Purchaser with any shipping claims and /or replacements if lost or total loss due to shipping damages, but at no time shall be responsible for product replacement due to third party shipping damages or lost goods.
PAYMENT OF THE ORDER
Orders are considered binding by the Seller until accepted by the Seller. Customer Purchaser agrees to pay in full the total invoiced purchase price for the ordered Products plus shipping charges and shipping insurance, including any shipping charges that are billed back to the Seller as a result of using their Customer/Purchaser’s shipping account number. Terms of payment are at the sole discretion of the Seller. All invoices are due and payable within the time frame specified on the Seller’s Invoice. Customer/Purchaser shall pay for, and will indemnify and hold Seller and its Affiliates harmless from any applicable sales, use, excise or any similar taxes and/or any federal, state, and/or local fees, taxes or charges imposed on, or otherwise associated with the Sales Order Invoice. Customer/Purchaser must claim any exemptions from any taxes, fees (local, state or federal) at the time of the purchase and agrees to provide the Seller with necessary supporting documents. In the event of any Payment Default by the Customer/Purchaser, the Customer/Purchaser will be responsible for all Seller’s cost of collection, including but not limited to attorneys’ fees, court cost, filing fees, and/or collection agency fees. If in fact, payments are in default, the Seller reserves the right to suspend any further Services to the Customer/Purchaser, until such time the payment is received.
5 Day Satisfaction Guarantee Policy: the Customer/Purchaser can return any ordered product/ equipment within a 5 day time period from the date of delivery (excluding volume, special ordered and discounted products/equipment, which will be stated on the Seller’s Invoice).
If the returned product/equipment is returned in its original packaging and the product has not beeninstalled and the package and its content has not been damaged due to shipping and/or Customer/Purchaser handling, a refund will be issued to the Customer/Purchaser, minus any shipping charges, credit card charges (that have occured with the customer's order) and/or if applicable, any applicable collected sales tax. If in fact, the product has been installed, this 5 Day Satisfaction Guarantee Policy will be Null and Void.
The Customer/Purchaser is totally responsible for the return shipping charges and further agrees to insure the return product/equipment for the original invoiced amount of the product/equipment. The returned product/equipment is subject to the Seller’s inspection and Seller shall have the sole discretion to determine if the returned packaging has not been used, damaged and/or installed.
In order for any return to be initiated, the Customer/Purchaser must first notify the Seller and receive the Seller’s RMA #, which includes the return instructions. Failure to return the product/equipment without the RMA #, will be subject to the Seller rejecting/refusing the returned product/equipment.
30 Day Return Policy: the Customer/Purchaser can return any ordered product/equipment within a 30 day time period from the date of purchase (excluding volume, special ordered or discounted product/equipment). The returned product/equipment must be returned undamaged, in its original shipped condition and in its original shipping cartons.
If the returned product/equipment is returned undamaged, in its original shipped condition and in its original shipping cartons and the package and its content has not been damaged due to any shipping damage, a refund will be issued to the Customer/Purchaser, minus a 20% restocking fee will be subtracted from the original product invoiced price (due to the product is now considered used), minus any shipping charges (that have occured with customer's order) and/or if applicable, minus any applicable collected sales tax. The Customer/Purchaser is totally responsible for the return shipping charges and further agrees to insure the return product/equipment for the original invoiced amount of the product/equipment. The returned product/equipment is subject to the Seller’s inspection and Seller shall have the sole discretion to determine if the returned product/equipment has not been damaged, has been returned in its original shipped condition and all the original original parts and equipment has been returned.
In order for any return to be initiated, the Customer/Purchaser must first notify the Seller and receive and approve the Seller’s RMA #, which includes the return instructions. Failure to return the product/equipment without the RMA #, will be subject to the Seller rejecting/refusing the returned product/equipment.
PRODUCT WARRANTY (TVS ONLY)
Gold Series/ Gold Ultra /Platinum/Diamond Q Series /Diamond Pro-C Series/Hi-Bright Series (Residential & Commercial Use)
One (1) Year Parts and Labor Limited Warranty will be issued on all newly ordered products (excluding used, demo, close-out and/or discounted products which will be warranted on a case-by-case ordered basis). A copy of this warranty, including the Operations/Owner Manual will be included in product packaging and the Customer/Purchaser is responsible for registering the Warranty with the Seller via online, certified mail (preferably by online GOC Website). Failure to register the warranty could void the warranty. Failure to abide by the written details in the “Operator/Owner Manual and/or Written Limited Warranty provided by the Seller that is located within the product/equipment shipping box can void your product/equipment.
Diamond Q/Diamond Pro-C Series: (Residential Only Use )
An additional One (1) Year Residential (pro-rated) at 50% of the original sales invoice for Parts and Labor or Replacement Limited Warranty which will be issued on all newly ordered Diamond Q & Platinum Series products.
Customer/Purchaser shall have the option (after the One (1) Year Parts and Labor Limited Warranty has expired) to Pay the Seller 50% of the original Invoiced Product/Equipment and receive a new replacement TV or have the original Product repaired (if applicable) by paying the cost of repair Parts and Labor to the Seller. If in fact, the exact original invoiced size and donor model is not available or is discontinued by the Seller, Customer/Purchaser agrees to accept a similar size and comparable donor model. A copy of this warranty, including the Operations/Owner Manual will be included in product packaging and the Customer/Purchaser is responsible for registering the Warranty with the Seller via online, mail or fax (preferably by online GOC Website).
Failure to register the warranty could void the warranty. Failure to abide by the written details in the “Operator/Owner Manual and/or Written Limited Warranty provided by the Seller that is located within the product/equipment shipping box can void your product/equipment.
NOTE: All used, demo, close-out and/or discounted products/equipment will be warranted on a case-by-case ordered basis and will be stated on the Seller’s Invoice.
RETURNING THE PRODUCT FOR WARRANTY:
At the first sign of a warranty problem, Customer/Purchaser must notify (via phone,) Seller. Seller’s Customer Service Department will answer and try to trouble-shoot or rectify the problem/issue over the phone and/or email. If in fact, the problem/issue cannot be resolved, the Customer Service Representative will request that the Customer/Purchaser fill out the “Warranty Request Form” that is displayed on the Seller’s Website. The defective product/equipment must be returned for repair or replacement and the Seller will issue the Customer a Return Merchandise Authorization (RMA) with return instructions.
Seller must receive the defective product back to its designated service location, before any warranty repair or replacement will be issued.
It is the Customer/Purchaser’s responsibility to provide a copy of the original product/equipment invoice and a detailed written explanation detailing the defect to the Seller, before the defective product is returned. Without submitting and/or providing a copy of the original Product Invoice the product/equipment warranty could be void.
Seller could request that the Customer/Purchaser send legable photos and/or video of the defect and/or photos and/or video of the installation location and wiring.
It is the Customer/Purchaser’s responsibility to return the defective product without any further defects and/or damages to the product, other than those detailed and stated in the written explanation. Any other defects and/or damages to the product once received by Seller will could the warranty claim and will make the Customer/Purchaser responsible for those damages; such as, but not limited to; return shipping damage, cracked LCD screen, and/or damages to the outer cabinet.
It is the Customer/Purchaser’s responsibility to return product in its original or equivalent packaging to prevent return shipping damages to the product.
It is the Customer/Purchaser’s responsibility to pay for the return shipping and shipping insurance charges. The Seller agrees to refund the return shipping and shipping insurance charges to the Customer/Purchaser (only) if the warranty claim is valid and the defect has occurred within a 60 day period from the delivered product date. After the 60 day time period has expired, it is the Customer/Purchaser’s responsibility to pay and insure the returned shipping of the defective product/equipment back to the Seller’s designated warranty location. After the repair or replacement has been done, it is the responsibility of the Seller to return to the Customer/Purchaser and pay for the return shipping and return shipping insurance.
If the returned product/equipment does not have any signs of the detailed written defect and is tested out to be working properly without the disclosed written defect, the Customer/ Purchaser will be notified and the product will be returned to the Customer/ Purchaser and the Customer/Purchaser will be responsible for the return shipping and/or handling charges.
Any sold Product that has been altered, disasembled, installed incorrectly, damaged due to abuse or vandalism, mishandling, installed without an adequate surge protector, installed not according to local electrical codes, running the equipment constently during heavy rains or electrical storms, running the TV Product continuously 24/7 (enless otherwise stated in an exception and stated in the Seller’s Invoice or written warranty), not abiding by the procedures stated in the Operations/Owners Manual and the Terms and Conditions of the submitted Product Warranty would void any warranty claims.
Customer/Purchaser agrees to return the TV Remote Control, TV cover and all of the product accessories that came with the original TV Product.
PRODUCT PRICING & AVAILABILITY DISCLAIMER:
Seller reserves the right to make adjustments, from time to time, concerning product pricing which includes: Product Offerings, Product Discontinuation, Product Unavailability, Product Donors (name brand TV models that have been custom altered for outdoor use), Product Specifications, Errors and/or Typo Errors in Advertisements and Product Literature. Due to circumstances that could occur and would be beyond the control of the Seller, Seller cannot guarantee that it will be able to meet a specified delivery dates, exact shipping dates or fulfill the Customer/Purchaser’s order. If the Seller could not fulfill delivery of the said order, the Seller would reimburse all and any advanced payments received from the Customer Purchaser on the sales transaction that was not fulfilled.
We do not export our products… Our products are sold F.O.B. Las Vegas, Nevada.
The Customer/Purchaser needs to arrange their own export/import and we suggest they do so, by using their own export/import shipping agent. In order to place an order and receive our products the Customer must agree to the terms and conditions stated below, by signing.
Customer must arrange their own freight/shipping, either themselves or through a shipping/freight export/import agent. All freight/shipping, export, duties, customs clearance, charges, export documents and/or any other exporting cost relating to the export purchase transaction will be the responsibility of the Purchasing Customer.
Terms and Conditions of this Transaction:
Customer acknowledges and understands that the ordered products have been tested and inspected by the Seller, and the ordered product(s) is operating properly and is undamaged, prior to shipping.
Customer also acknowledges and understands that the products have been packaged properly for normal ground truck shipping within the United States and the Customer is responsible for any additional shipping packaging that may be required for export air and/or sea shipping.
Once the ordered product leaves our (Seller’s) shipping location and the bill of lading has been issued, Seller is released from any shipping damages and/or loss that may occur during shipping and any claims involving shipping damages, shipping insurance, and/or loss of the shipment shall be the responsibility of the Customer.Warranty, Service, Repairing or Replacing the Product:The exported products will fall under the same terms and conditions of our (Seller’s) standard written warranty. Due to the customization of the Product(s), the defective product must be returned to our (Seller’s) designated service location. It is the Customer’s responsibility to arrange and pay for the return freight and any associated importing fees and/or required documents that would be necessary to ship the defective product back to our (Seller’s) designated service location in Las Vegas, Nevada. All return freight and associated exporting cost, such as duties, taxes, custom clearance charges and etc. shall be the responsibility of the Customer. On a case-by-case basis, we (Seller) can waive the return of the defective product, if the product is determined defective under the terms and conditions of the product warranty and just replace the defective product with a new replacement. We (Seller) shall have the sole discretion in the terms and conditions to return the defective product
LIMITATION OF LIABILITY:
Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herewith in, with the Seller, its Affiliates or their Suppliers, Subcontractors, or Agents be liable for any incidental, indirect, punitive or consequential damages, installation charges, including but not limited to, loss of any profits, business revenues or loss of customers, even if the Seller has been advised of the possibilities of such damages, whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability, or any other foreseen liability, any claims, demands or actions against the Customer/Purchaser by any third party for any loss and/or claim arising out of this sales transition.
NO IMPLIED WARRANTY INCLUDING THE SELLER’S ABILITY & FITNESS FOR PARTICULAR PURPOSE APPLIES TO THE PRODUCT, AFTER THE APPLICABLE PERIOD OF THE EXPRESSED LIMITED WARRANTY & NO OTHER EXPRESSED OR IMPLIED WARRANTY OR GUARANTY, GIVEN BY ANY OTHER PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BIND THE SELLER, OR ANY OF IT’S REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY LOSS, EXPENSE, SHIPPING COST, RETURN SHIPPING COST, INSTALLATION/LABOR COST, DELIVERY DELAYS, INCONVENIENCES, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE PRODUCT FAILURE UNDER THE ABOVE TERMS AND CONDITIONS. THE PRODUCT WARRANTY AND THE TERMS AND CONDITIONS OF THIS SALES TRANSITION SHALL NOT EXTEND TO ANY THIRD PARTY, OTHER THAN THE ORIGINAL CUSTOMER/PURCHASER OF THE PRODUCT, UNLESS FURTHER AUTHORIZATION HAS BEEN GIVEN IN WRITING, BY THE SELLER. NO OTHER MODIFICATIONS, ORAL OR IN WRITING, TO PERTAINING TO THIS SALES TRANSACTION SHALL BE VALID. GOVERNING LAW, INTERPRETATION AND ENFORCEMENT TO THE TERMS AND CONDITIONS PERTAINING TO THIS SALES TRANSITION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA, USA.