91 Grand Street. New York, NY 10013. Tel: (212) 966-3722. Fax: (212) 219-1684
Web:http://www.gallery91.com/ E-mail: G91@gallery91.com / sales@gallery91.com
TERMS AND CONDITIONS
Terms of sale
Open account terms of Net30 days are extended to companies for which credit is approved by Gallery91. To apply, Please furnish us with at least 3 trading references and 1 bank reference. Minimum opening order for Net30 terms is $300.00, reorder is $150.00. If you prefer to expedite your order while we establish your account status, please include payment with your order - credit card, pro-forma billing, or C.O.D. delivery.
Customized Products
If items are to be "customized" in any manner, Gallery91 requires a non-cancelable, irrevocable Purchase Order. Terms applicable to such order are: a 50% deposit on order placement and final payment in full, prior to the delivery of order. Please call for current additional charge.
Shipping Information
All shipments are made F.O.B. New Jersey, NJ. We ship UPS ground to the continental U.S. Quoted delivery dates are approximated ship dates FOB, Gallery91 N.Y. unless other specified shipping instructions accompany by purchase orders, or instructed by Gallery91.
Damaged Shipments
We shall not be responsible, in any event for any damage caused to the merchandise during shipment, or in storage. Purchaser should report, in writing, such damage directly to the carrier. All claims for damage to goods while in transit must be settled with the carrier. Freight damage claims may not delay or otherwise impact payment of Gallery91 invoice.
Back Orders
We will ship all back orders unless otherwise specified.
Cancellations
Accepted orders may not be canceled without Gallery91's prior written consent. No cancellation will, in any event, be authorized 5 days after the order is placed. Order cancellations are subject to all costs incurred to date, plus a cancellation charge of 25% of the order value ($30.00 minimum).
Returns
All Claims must be made within 5 days of receipt of merchandise. Please phone or write to our Customer Service Department for authorization and shipping instructions prior to returning merchandise. All authorized returns must be sent prepaid, with all the original packing material as received, and accompanied by RA (return authorization) number and the name who confirm the request. All returns are subject to inspection for damage or misuse prior to issuance of a credit or replacement at Gallery91's sole option.
Pricing
All prices in this catalog reflect current pricing as of the date indicated. These prices do not include freight, customization charges or special packaging. The prices and availability of merchandise subject to change without further notice.
Disclaimer of warranties
Gallery91's merchandise will substantially conform to the description in our catalog.
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED ARE EXPRESSLY EXCLUDED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
In no event, or for any reason shall Gallery91 be liable for any consequential damages. Gallery91 liability shall not, for any reason, exceed the amount actually paid by Purchaser to Gallery91 for the merchandise.
Arbitration
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in the City and State of New York in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
General Comments
Purchaser will be liable for all reasonable costs, expenses and fees, including attorney's fees, incurred by Gallery91 in collecting moneys due or to become due hereunder. We shall not be responsible for any delay in delivery or failure in performance for any cause beyond our control (including labor disputes, failure or delay of sources to supply, transportation difficulties, accidents) or any event that interferes with our normal business operations. Purchaser must commence any action for Gallery91’s breach of this agreement within 1 year after the cause of action has accrued. All moneys paid on account of this order shall be credited to the account of the named Purchaser. Gallery91 acceptance of payment from anyone other than Purchaser shall be as an accommodation only and shall not create a vendor-vendee relationship express or implied with payee other than the Purchaser. These terms and conditions constitute entire agreement and supersede any contrary provisions of Purchaser's order. No course of prior dealings between the parties and no trade usage shall be relevant to supplement or explain any term herein. Any agent’s shall not bind the parties or employee's representation, promise or inducement not set forth herein. This document shall be binding either (a) when signed and returned by Purchaser; (b) when retained by Purchaser for 5 business days without objection; or (c) when Purchaser has otherwise confirmed acceptance. The provisions herein are several, so that if any part hereof is found to be unenforceable, the other portions shall remain fully valid and enforceable.
Applicable Law
The laws of the State of New York shall govern this agreement.