Policies and Terms / Conditions

Welcome to GTI Industries Policies and Terms/Conditions Sections. We are committed to serve our customers and satisfy all their packaging needs. We service the manufacturing, warehousing, distribution, maintenance and production industries, as well as freight forwarders and mailing centers. Most of our products are in stock and available for next day delivery according to GTI's delivery schedule. These policies and Terms/Conditions apply to all sales made by GTI to our customers and should be read carefully.

POLICIES

Freight, Delivery and Minimum Order Policy
- Within our truck delivery areas:

• Our minimum order for delivery is $150.00.
• Orders under $150.00 will be charged a $35.00 delivery fee or shipped UPS and billed to the customer.

• Deliveries are available to businesses that operate either at dock height or ground level receiving area. Deliveries to residential areas, 2nd floor (or higher) and "inside" deliveries are not available.

• Outside our truck delivery areas:
Our minimum order for shipment by UPS or common carrier is $75.00

• Customer Pick-Up: Our minimum order for pick-up by customer is $50.00

Our fleet of trucks services Miami-Dade, Broward and Palm Beach Counties. If we receive your order before 3:30 pm and the merchandise is in stock, it can be shipped to your area on the next delivery day according to our delivery schedule.

• Miami-Dade County: Monday through Friday
• South Miami-Dade (South of Bird Road to Homestead): Monday and Wednesday

• Broward County: Monday, Wednesday and Friday

• Palm Beach County: Tuesday and Thursday

• Martin and St. Lucie Counties and all other national locations: delivery is available via UPS or common carrier.


SPECIAL DIRECT MILL ORDERS :

• FOB Mill or FOB Manufacturer's dock plus any additional fees charged by the manufacturer.
ALL SHIPPING CHARGES will be billed to customers for UPS or common carrier shipments unless otherwise specified.


PAYMENT OPTIONS

Credit Cards

We accept Master Card,, VISA, Discover and American Express. Make your payment process simple by authorizing payment for your purchase by credit card, or file a continuing authorization form with us for automatic credit card processing of your purchases. In addition, customers set up for GTI's Online Ordering can click on our Online Ordering button to make credit card payments for balances due on their account. Credit card payments must be made within 10 days of invoice date or an additional 5% service fee will be invoiced and charged immediately.

Open Account

Net 30 days with approved credit. Please complete and return our Credit Application

100% SATISFACTION RETURN POLICY

If for any reason you are not completely satisfied with any of our "In Stock" Products, just call us and let us know within 5 days. We will arrange for a return of the merchandise and issue a credit to your account or a replacement immediately. To receive full credit all merchandise must be returned undamaged and in original packaging.

TERMS & CONDITIONS

1. PARTIES.
GTI INDUSTRIES, Inc. will be referred to as "Seller" and the person, business entity or company purchasing as indicated on the front hereof will be referred to as "Buyer".

2. PAYMENT TERMS.
Buyer understands and agrees to pay all charges in accordance with its approved credit terms (If credit terms have not been established, then COD or credit card payments will apply). Buyer understands that a one and one-half percent (1-½%) Finance Charge per month (annual percentage rate of 18%) will be added to Buyer's account at the end of each month for balances 30 days or more past due and buyer agrees to pay said charges.

3. PRICE ADJUSTMENTS.
The prices stated on the invoice do not include any sales, use or other taxes unless specifically stated. Such taxes will be added to invoice prices in those instances in which Seller is required to collect them from Buyer. At Seller's option, prices may be adjusted to reflect any increase in the Seller's cost resulting from manufacturer's price changes or from state, federal or local legislation, or any change in the rate or classification of any freight carrier. If price changes occur between the placement of an order and the shipment of the order, the Buyer will be notified prior to shipment .Prices are subject to change without notice.

4. FREIGHT; TITLE AND RISK; SHIPMENT.
It is hereby distinctly understood and agreed that title to all merchandise shall be and remain vested in GTI Industries Inc. until fully paid for. For shipments made other than by GTI truck, unless otherwise specified by Seller, all prices are F.O.B. Manufacturer's Plant or F.O.B GTI, as applicable. Regardless of the manner of shipment, title to any products described on the invoice and risk of loss or damage thereto shall pass to Buyer upon tender to the freight carrier at the Manufacturer's Plant. No deferment of shipment at Buyer's request will be made except upon terms that will indemnify Seller against all loss and additional expense, including, but not limited to, demurrage, handling, storage and insurance charges.

5. RETURN POLICY.
All claims, including but not limited to claims for shortages which must be noted at time of receipt, and/or all requests to return "in stock" merchandise for credit or exchange must be accompanied by invoice and reported to Seller in writing within five (5) days of delivery date. SHORTAGES TIMELY REPORTED ARE SUBJECT TO VERIFICATION PRIOR TO REPLACEMENT OR THE ISSUANCE OF ANY CREDIT. Returned merchandise must be in original packing and in saleable condition. Merchandise accepted for return is subject to restocking charge plus freight charges in and out. Any merchandise accepted for return is accepted for credit or exchange only, no cash refunds.

6. SPECIAL ORDER MERCHANDISE.
Special order items are subject to a 10% + or - variance (20% on some items), in quantities received. Polybags and corrugated cartons have a tolerance for sizing of + or - ¼ ". Special order merchandise is merchandise that is specifically ordered, manufactured, printed, cut or in some way modified for the Buyer's needs, thereby rendering this merchandise unsuitable for sale, or not readily saleable to others. Special order merchandise requires a 50% deposit. In the event Buyer cancels special order merchandise, Buyer is responsible for all costs incurred by Seller in the handling and filling of the order through the date that Seller receives and acknowledges the written cancellation of the special order, which maybe the full cost of goods if the order is not cancelled prior to GTI's ability to cancel the order with, or incur no cost from, the manufacturer. Special order merchandise is not returnable unless it has been found to be defective in manufacture.


7. LIMITATIONS OF LIABILITY.
The following statement is made in lieu of all warranties, expressed or implied:
GTI DOES NOT WARRANT ANY MERCHANDISE, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO FITNESS FOR ANY PURPOSE EXCEPT THE BUYER SHALL RECEIVE THE WARRANTIES MADE BY THE MANUFACTURERS OF THE PRODUCTS. SELLER'S ONLY OBLIGATION SHALL BE TO REPLACE SUCH QUANTITY OF THE PRODUCT PROVEN TO BE DEFECTIVE. ALL CLAIMS MUST BE MADE WTHIN 5 DAYS OF RECEIPT OF THE SHIPMENT. SELLER SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO DIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE PRODUCT, INCLUDING BUT NOT LIMITED TO LABOR COSTS OR LOSS OF PROFITS. BEFORE USING ANY PRODUCT THE USER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR HIS/HER INTENDED USE, AND USER ASSUMES ALL RISK AND LIABILITY WHATSOEVER IN CONNECTION WITH THE PRODUCT AND ITS USE. THE FOREGOING MAY NOT BE CHANGED EXCEPT BY AN AGREEMENT SIGNED BY A CORPORATE OFFICER OR SELLER.

Absorbents, Chemicals, Cleaners & Soaps

Seller is not responsible for any damages incurred when using these products & makes no warranty, expressed or implied, concerning the use of these products other than indicated on the label. The manufacturer's warranty is the only warranty on these materials and the manufacturer's warranty does not cover risks from improper use or handling of these materials. Buyer and not manufacturer assumes all risks of use and/or handling of these materials when such use and/or handling is contrary to label instructions.

Equipment

Seller warrants all equipment for 30 days from the date of purchases. After 30 days, equipment in need of service is the Buyer's responsibility and can be serviced by GTI's service technicians or can be returned to the manufacturer's service center at the customer's expense.

8. ACTIONS; ATTORNEY'S FEES; VENUE.
In the event it becomes necessary to place this account with an attorney for collection, Buyer agrees to pay, in addition to the principal amount thereof with interest and other lawful charges, all costs and expenses of collection which includes attorney's fees and costs before filing suit, during litigation, after judgment and on appeal. Any lawsuit brought by Buyer against Seller for any claim arising out of this sale must be commenced within one (1) year from delivery date. It is agreed that proper venue for any lawsuit between Seller and Buyer shall be in Miami-Dade County , Florida .

9. CONTINGENCIES.
Seller shall not be liable for any default or delay in performance if caused directly or indirectly, by acts of God; war; force of arms; fire; the elements; riot; labor disputes; picketing or other labor controversies; sabotage; civil commotion; accidents; any governmental action, prohibition or regulation; delay in transportation facilities; shortage or breakdown of or inability to obtain or non-arrival of any labor, material or equipment used in the manufacture of the products covered hereby; failure of any party to perform any contract with Seller relative to the production of the products covered hereby, or from any cause whatsoever beyond Seller's control, whether or not such cause be similar or dissimilar to those enumerated.

10. LOSS TO BUYER'S PROPERTY.
Seller shall not be liable for and shall have no duty to provide insurance against any damage or loss to any goods or materials of Buyer which are used by Seller in connection with any order.

11. BUYER'S OBLIGATIONS; RIGHTS OF SELLER.
If seller shall at any time doubt Buyer's financial responsibility, Seller may decline to make shipments hereunder except upon receipt of cash payment in advance or security or other proof of responsibility satisfactory to Seller. If Buyer fails in any way to fulfill the terms and conditions herein, Seller may defer further shipment until such default is corrected. The remedies provided to Seller herein shall be in addition to, and not in lieu of, other remedies provided by Florida law.

12. CANCELLATIONS.
After acceptance of order by Seller, order shall not be subject to cancellation, except with Seller's prior written consent and upon terms that will indemnify Seller against all direct, incidental and consequential loss or damages. Seller reserves the right to refuse any order.

13. LIMITATION ON ASSIGNMENT.
The Buyer may not assign any of its rights or obligations hereunder without the prior written consent of the Seller.

14. EXPORT.
GTI does not export merchandise except through Buyer utilizing freight forwarders. The Buyer must appoint a freight forwarder of its choice. Buyer will furnish all Consular and Custom declarations and will accept and bear all responsibility for exporting the merchandise. GTI has no responsibility for the merchandise, unless the merchandise is defective.

15. ENTIRE AGREEMENT.
This document contains the entire agreement between Seller and Buyer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral agreements or negotiations with respect to such terms as are included herein or are the subject matter here of being merged herein. By way of illustration and no limitation, Buyer's order shall be deemed to incorporate, without exception, all the terms and conditions herein, notwithstanding any order form of Buyer containing additional or contrary terms or conditions, unless Buyer shall have expressly advised Seller to the contrary in a writing apart from the printed provisions of such order form, and no acknowledgement by Seller of, or reference by Seller to, or performance by Seller under an order of Buyer shall be deemed to be an acceptance by Seller of any such additional or contrary printed terms or conditions. In the event of a written request by Buyer for additional or contrary terms or conditions, then such modifications may only be a written instrument signed by one of Seller's corporate officers.

16. SEVERABILITY.
In the event that any word, phrase, clause, sentence or other provision hereof shall violate any applicable statute, ordinance or rule of law in any jurisdiction in which it is used, this agreement shall not be invalidated, but such provision shall be ineffective to the extent of such violation, and this agreement shall be construed without reference to the ineffective provision.

17. GOVERNING LAW.
This document and the sale of any goods hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Whenever there is a conflict of laws, the laws of the State of Florida shall prevail.

18. RELIANCE ON CREDIT INFORMATION.
Any information furnished by Buyer for the purpose of obtaining credit is warranted by Buyer to be true. False or misleading information provided by Buyer will cause revocation of any extension of credit by Seller to Buyer.

19. AUTHORIZATION TO OBTAIN CREDIT INFORMATION.
Buyer hereby authorizes Seller or any credit bureau employed by Seller to investigate the references listed herein of statements or other data obtained from Buyer or from any person pertaining to Buyer's credit responsibility and to supply other information if requested.

20. PRICING ERRORS and PRICE CHANGES.
GTI Industries, Inc. strives to bring you the lowest prices possible. We do this through volume purchasing and strict cost control. We make every effort to insure accurate pricing. However, we do reserve the right to cancel any order based on availability, changes or pricing errors posted on our web site. This applies to items priced above or below the current price. All prices are subject to change without notice.


21. MODIFICATION TO POLICIES/TERMS AND CONDITIONS.
The provisions of GTI's Policies/Terms and Conditions may be amended or modified at anytime, and from time to time, at the discretion of GTI. All orders are subject to the Policies/Terms and Conditions as are in effect at the time of acceptance of the order by GTI.