COMPANY POLICY: Galaxie Products, Inc. (the “Company’s”) strives to : (1) manufacture high quality heavy duty ABS Plastic Fire Hydrant Caps and Rocker Lug Plugs in the USA; (2) sell at the lowest possible price; and (3) provide “good old fashion customer service.”
CUSTOMER ORDERS: All customer orders must be in writing. The order shall include: (1) the product description; (2) quantity; (3) customer’s name [including the name of the person authorized to place the order]; (4) the customer’s address, telephone number, fax [if available], email [if available], required shipping date with shipping instructions, proposed method of payment; (5) if the product is for resale and delivery in California, the customer’s California resale permit number [permit must be current or sales tax must be added]; and (6) any special instructions.
ACCEPTANCE OF ORDERS: All customer orders must be accepted in writing by the Company. The acceptance will be promptly communicated to the customer by email [if available], or fax [if available], or otherwise by mail.
If the Company deems part, or all, of the customer’s order to be unacceptable, the Company shall promptly notify the customer of the unacceptable parts. If the customer and the Company reach an agreement on the unacceptable parts, the customer shall submit a new or amended order for the Company’s acceptance. This process shall continue until the Company accepts the customer’s order in writing.
CANCELLATION OR CHANGES OF ORDER: The customer’s order is not subject to cancellation or change once accepted by the Company, unless agreed to by the Company in writing. At the Company’s option, the customer may be charged for any costs incurred by the Company prior to, or as the result of, cancellation or any change.
If cancellation by the customer occurs after the order is substantially complete (90% or more), the Company may elect to treat the product, in its sole discretion, as standard stock. In such circumstances, the Company will charge a 25% restocking fee.
RETURN OF PRODUCT: The customer shall promptly inspect the Company’s product within two (2) business days of receipt. If there is a shortage, or the customer reasonably believes the product is damaged [except for any shipping damage], or appears to be defective [in any manner whatsoever], the customer shall so notify the Company in writing within ten (10) business days of receipt of the product.
If the customer’s order is short, the Company will ship the missing product by UPS Ground, at the Company’s expense, within two (2) business days of receiving written notice of the shortage.
If the customer reasonably believes any part of the product is damaged [except for shipping damage], is defective or otherwise unacceptable, and provided the customer has given the Company timely written notice as provided for above, the Company will issue a “Return Goods Authorization” (“RGA”) within two (2) business days of receiving written notice. The RGA will give the customer instructions on how to proceed in returning the product.
If the Company reasonably agrees the product is defective, the Company will: (1) replace the product f.o.b. the customer’s address, and reimburse the customer for all shipping charges incurred in returning the product; or (2) refund the amount paid for the product, plus the shipping charges incurred in returning the product.
SHIPPING: All due dates for shipping, as provided for in the customer’s order, are deemed to be only an estimate, unless the customer and the Company otherwise agree to a firm date.
All product sold by the Company is f.o.b. the Company’s address in Ontario, California 91761. The customer shall designate the carrier for shipping the product. The Company agrees to make the product ready for pickup by the carrier. Title to the product having passed from the Company to the customer, upon receipt of good and sufficient payment for the product, the customer is the shipper of the product. The customer is the responsible party for any damage to the product incurred during shipping. The Company agrees to assist the customer in making any claim against the carrier for damages.
PAYMENT: Payment in full for the product described in the customer’s order is due the Company, together with any sum advanced for shipping of the product for the benefit of the customer, when the the product is ready for shipping, unless the Company has otherwise agreed. Payment maybe made by credit card (Visa or Mastercard), or by a customer’s check with the Company’s prior approval.
WARRANTY: The Company warrants its products are free from defects in material and workmanship under conditions of normal use for a period of one (1) year from the date the product was shipped or delivered to the customer. The foregoing warranty is exclusive, and in lieu of, all other warranties whether express or implied by law. There is no implied warranty of merchantability or fitness for a particular purpose. In no event, whether as a result of breach of warranty, tort (including negligence) or strict liability, shall the Company be liable for any punitive, special, incidental, or consequential damages. The Company shall not be liable for, and the customer by taking possession of the product, agrees to indemnify the Company for all personal injury, property damage or any other liability resulting in whole or in part from the negligence, or gross negligence, or an intentional act of the customer. its officers, agents employees, contractors, or any other person acting on behalf of, or for the benefit of, the customer.
The warranty herein provided for shall not accrue, and is not intended to benefit, any third party purchaser of the Company’s products from the customer. By taking possession of the Company’s product, the customer agrees to defend, indemnify, and hold the Company harmless from any claim that arises out of, by reason of, or is related in any manner whatsoever, to the resale and or transfer of possession of the Company’s product to any third party.