The terms and conditions are valid for any goods or services provided by Gerflor known as (Seller) to the Customer known as (Client).
The pricing, quantity of goods, and time of delivery stated on the acknowledgement are not binding to Gerflor, but Gerflor will make all efforts to fulfill the stated estimates.
Unless otherwise specified, prices and terms are firm for duration of indicated project. All prices are subject to change without notice. Orders are non-cancellable after material has been modified from standard condition. Orders for non-stocked items are non-cancellable and non-changeable after material has left the central warehouse.
All orders are accepted in accordance with the Terms and Conditions set forth below.
A signed purchase order is required prior to acceptance from Gerflor.
A 15% advance payment is required for all non-stocked material. Orders are non returnable without written approval and a (RMA) return authorization number. A 30% restocking fee and other handling charges are required for all authorized returns. Customer is responsible for the return freight.
Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith. Freight charges are the responsibility of the customer for returns other than a “Claims” issue.
Orders are not binding upon Gerflor until accepted by Gerflor. Customer agrees to pay the total purchase price for the products plus shipping ( to the extent shipping is not prepaid by customer ) including shipping charges that are billed to Gerflor as a result of using customer’s carrier account number.
Terms of payment are Net 30 with approved credit. All invoices from Gerflor shall be paid by the Client within thirty (30) days of the date of invoice unless otherwise agreed in writing by Gerflor.
In the event of late payment, customer agrees to pay interest on all past due sums at the lower of one and one-half percent ( 1.5% ) per month, calculated daily, compounded monthly (19.56% per annum ) or the highest rate allowed by law.
Payments accepted are – Check, Money order, Cashiers check, EFT or ACH or wire transfer. Credit cards will be accepted at the time of order or for deposit only, credit cards will not be accepted for payment against billed invoices.
Customer will pay for and will indemnify and hold Gerflor and its affiliates harmless from any applicable sales, use, goods and services, transaction, excise or similar taxes and any federal, provincial, local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any statement of work, the products or the services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Gerflor with the necessary supporting documentation.
If any amount of the invoice is disputed by the Client, the Client shall inform Gerflor and/or its agents of the grounds for such dispute within ten days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
If payments are not received as described above, Gerflor reserves the right to suspend services until payment is received.
All references to money amounts are to lawful currency of USA.
In the event of a payment default, customer will be responsible for all of Gerflor’s cost of collection, including, but not limited to, court costs, filing fees and attorney’ fees.
All written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
Employment of Personnel
Subject to the prior written consent of Gerflor the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of Gerflor directly associated with delivery of the Goods.
The Company shall not be liable for any claim arising out of consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or miss-use of the Goods.
Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's negligence or mis-use of the Goods.
This Purchase Order may be accepted only on the exact terms and conditions set forth and on no other terms and conditions. These terms and conditions supersede the terms and conditions of Seller's proposal and acknowledgement form.
For all purchase orders received by Gerflor, whether they be via telephone, fax, email or in writing, the customer acknowledgment you receive will act as the official document of acceptance of your purchase order. All information typed or printed (description, prices, etc.) on the acknowledgment will be assumed to be correct. This information will override any previous correspondence in writing or telephone conversations. If a discrepancy is found you will have 5 days from the acknowledgement date to bring it to the attention of Gerflor employees and/or agents. Once notified, and if a change is necessary, customer will receive a corrected acknowledgment from Gerflor.
Gerflor will notify customer of any material delay and will specify the revised delivery date as soon as possible. Gerflor shall not be liable for delays in delivery or for failure to perform due to: acts of God, fire, flood, wind, war, sabotage, civil unrest, disobedience, accidents, government priorities, strikes, or any other causes beyond Gerflor’s control, such determination will be made solely by Gerflor.
Domestic shipments are FOB shipping point.
International shipments are DDP (Delivered Duty Paid).
These Terms and Conditions of Sale and all dealings between Gerflor and the Purchaser and/or recipient of goods and/or the appointed representative(s) acting on behalf of the Purchaser and/or recipient shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Illinois as it applies to a contract/purchase order made and performed in such state.
The parties agree that the exclusive forum for any litigation relating to a contract/purchase order shall be the federal or state courts of the State of Illinois. The parties hereby expressly consent to the exclusive jurisdiction of the federal or state courts of the State of Illinois for any litigation relating to this transaction or any other contract/purchase order between the respective parties.
Protection of Personal Data
Gerflor is committed to respecting the private life of any user of its Internet site. The personal data (name, addresses, telephone, e-mail) are not collected that after being provided by the user in all knowledge of cause. These data will be stored for a limited duration and possibly re-used in-house by Gerflor for the purpose of statistics or marketing actions. The collected data will make in no case the object of transfers to organizations or companies third.
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