Terms and Conditions
1. Exclusive Terms of Sale.
Orders are accepted only at the offices of I.B. Goodman Company, Inc. in Newport, Kentucky. The terms and conditions on the invoice and those listed below constitute the entire agreement between the Company and the Buyer. No other terms and conditions shall have any effect unless specifically provided in a separate written agreement signed by an authorized officer of the Company. These are the standard and exclusive terms and conditions applicable to all sales of the products listed on the invoice, and the Buyer consents to such terms by agreeing to purchase said products and/or by accepting any part of the described products. Any additional or different terms and conditions contained by the Buyer's order or other correspondence shall be deemed objected to by the Company and shall have no effect whatsoever unless specifically agreed to by the Company in writing (as noted above).
2. Shipment and Delivery.
Shipment dates for future installments refer only to the best estimates of the Company. The Company shall not be liable for delay in manufacture, shipment, or delivery caused by any legislative, administrative or executive law, order or requisition of the Federal Government of any State or Municipal Government or any subdivision, department of office thereof. The Company shall also not be liable for any delay in manufacture, shipment or delivery caused by any event or occurrence beyond the reasonable control of the Company, including but not limited to strikes or other labor difficulties, floods, fires, accidents or other production difficulties, or inability to obtain sufficient material or products from suppliers.
3. Cancellations.
All orders are manufactured to the specification of the Buyer and may be cancelled only upon the written consent of the Company. The Company is entitled to cancellation charges including but not limited to labor expended, materials obtained or expended, and reasonable overheard expenses.
4. Prices.
All prices unless otherwise noted are F.O.B. Company's plant, Newport, Kentucky, and do not include any applicable Federal, State, or Local sales tax, excise tax or other charges unless specifically indicated otherwise.
5. Payments.
All payments are due as noted on the invoice. Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. If such payments are not received as due, or if the financial condition or credit of the Buyer at any time shall, in the good faith judgment of the Company, not warrant shipment of products ordered, the Company may at its option require full payment prior to further shipment, or refuse to ship and terminate any order outstanding, without liability to the Buyer. Further at the option of the Company, a service charge for late payments may be imposed at the rate of 1 ½% per month.
6. Quantity and Style.
All shipments must be checked by the Buyer as to product quantity and style, and any discrepancies reported to the Company within five (5) business days of receipt of shipment or all claims with respect thereto are waived.
7. Warranty.
The Company warrants, but only to the original buyer purchasing for purpose of resale, that every product manufactured by the Company and purchased by the Buyer for purposes of resale will be free from defects in material and workmanship under normal consumer use and that the gold composition of any ring or mounting will be as stamped inside the ring mounting and the quality of any diamonds will be as specified in this order. This warranty does not cover defects, damages, or deterioration due to normal consumer use, wear and tear, or exposure, and will terminate for each product three (3) years after the date of purchase by the Buyer. In the event of a defect, without charge the Company will either replace the product with the same or similar product, or repair the product, whichever it deems appropriate. In the event that the fineness of the gold or the quality of the diamonds are not as warranted, without charge the Company will replace the product with the same or similar product of proper fineness or quality. To obtain performance on this warranty, the product must be returned by the Buyer to the Company, insured and postage prepaid by the Buyer, together with an explanation of the manner in which the product does not conform to this warranty. Return the product to the following address I.B. Goodman Company, Inc., 120 East Third Street, Newport, Kentucky 41071.
THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRRANTIES OF THE COMPANY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Company's liability in connection with the purchase of the product is expressly limited to the repair or replacement of the products that are not as warranted and all other damages (including, without limit, consequential and incidental damages) are expressly waived by the Buyer.
8. Damages.
In no event shall the Company be liable for any consequential, incidental or special damages resulting from any breach of any of the terms and conditions hereof.
9. Ownership.
Ownership of product is transferred to the Buyer upon delivery by the Company (unless the Buyer has entered into a consignment agreement with the Company).
10. Modification or Addition of Terms and Conditions.
This acknowledgment contains the entire agreement between the Company and the Buyer and no representation, promise, condition or other understanding shall be binding upon either party unless reduced to writing and signed by an authorized offer of the Company. No modification of, addition to or waiver of any the terms and conditions stated herein shall be binding upon the Company, except by the written consent of an authorized officer of the Company.
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