LEGAL DISCLAIMERS, LIMITATIONS & EXCLUSIONS: Each product sold by GF is accompanied by its own limited warranty. GF warrants to the original customer only that it will replace or repair components, at GF’s sole discretion, that are defective in material or workmanship under normal use and service. Unless otherwise specifically stated in the applicable warranty, the customer is responsible for all freight and labor charges associated with the warranted item. All warranties are conditioned upon the proper use of the products strictly in accordance with good commercial practice and applicable GF instructions and manuals, including proper use and maintenance. To the extent that a component is warranted by a third party, GF conveys all of its rights under that warranty to the original customer, to the extent permitted. The limited warranty shall only apply to defects that are reported to GF’s customer service team within the applicable warranty period and which, upon examination by GF or its authorized representative, prove to be a warranty item. The limited warranty is not transferable. THESE WARRANTIES ARE GF’S ONLY WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. GF MAKES NO IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GF’S TOTAL LIABILITY FOR ANY PRODUCT OR SERVICE PROVIDED IS LIMITED TO THE COST OF THE PRODUCT(S) OR SERVICE(S) (AS APPLICABLE) GIVING RISE TO THE CLAIM. IN NO EVENT WHETHER IN CONTRACT, INDEMNITY, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE WILL GF BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS OR INCOME, LOSS OF USE, DOWNTIME, COVER, OR EMPLOYEE OR INDEPENDENT CONTRACTOR WAGES, PAYMENTS AND BENEFITS. CERTAIN STATES MAY CONFER ADDITIONAL RIGHTS REGARDING WARRANTIES AND IN THOSE STATES GF’S LIABILITY AND THE LIABILITY OF GF’S SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Force Majeure: Neither Buyer nor GF will be liable nor in breach of its obligations under this Contract (except the obligation to make payments when due) to the extent such performance is delayed or prevented due to causes beyond such party’s reasonable control, including but not limited to Acts of God; terrorism, war; material shortages; acts (or omissions) of the other party or its contractors, suppliers, employee or agents; act of government; labor disputes; or transportation shortages.
Miscellaneous: These Terms & Conditions together with the Sales Order, is the full, final, and integrated contract (the “Contract”) between GF and Buyer and supersedes all prior discussions or understanding regarding the products or services provided. No inconsistent or conflicting terms in any document Buyer may provide will amend or supersede this contract and GF rejects such inconsistent terms unless specifically signed by an authorized officer of GF and specifically states which terms or conditions shall apply instead of GF’s standard Terms & Conditions. These Terms & Conditions are part of every Quote, Purchase Order received, Sales Order and Warranty for GF products or services as if fully rewritten therein. The Contract shall be governed by the laws of the State of Georgia without reference to its conflict of law’s provisions. BUYER EXPRESSLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN GEORGIA TO RESOLVE ANY DISPUTE ARISING UNDER THIS AGREEMENT OR RELATING IN ANY WAY TO THE PRODUCT(S) OR SERVICE(S) PROVIDED BY GF, AND HEREBY WAIVE ANY JURISDICTIONAL OR VENUE-RELATED DEFENSE ASSOCIATED WITH A PROCEEDING BROUGHT IN THE STATE OR FEDERAL COURTS OF GEORGIA.
