Sales Terms & Conditions

Return Policy:

GSP-USA agrees for Customer, Buyer and/or “End-user” to return an order within 21 Business DAYS of purchase:

• As long as the product is in its original packaging, condition and has not been opened and/or used. All products come with the manufacturer’s seal and in order to receive a refund, the seal must be unbroken.
• Buyer will be responsible for all shipping & handling fees Door-To-Door.
• GSP-USA will impose a restocking fee of 25% of the total product cost.
• In the event of a return, the Customer/Buyer must obtain a written approval including a Return Order Number (RO #) from GSP-USA.
• Once GSP-USA receives the shipment from the Buyer, it will be inspected. If the shipment is in its original condition, GSP-USA will issue a refund within 10 business days. If the shipment is damaged, GSP-USA reserves the right to decline issuing a refund.

SALES TERMS AND CONDITIONS:

1. GSP-USA as “Seller” warrants that the Product will conform to the product’s standard specifications presented in the Technical Data Sheet “TD” and Certificate of Analysis “COA”. GSP-USA MAKES NO OTHER WARRANTY REGARDING FITNESS, QUALITY OR PERFORMANCE OF THE PRODUCT. GSP-USA HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES RELATED TO SAMPLES. BUYER or End-user “CUSTOMER” warrants that it has independently determined the suitability of the Product for BUYER’s use.
2. GSP-USA’s sole liability, and BUYER’s exclusive remedy, for Products that do not conform to SELLER’S warranties shall be, at Seller’s option, the replacement of the non-conforming Product, or the refund of the purchase price of the non-conforming product. GSP-USA will reimburse BUYER for any direct costs incurred by BUYER for shipping, storing, handling or disposing of non-conforming products done with SELLER’s prior approval.
3. IN NO EVENT SHALL GSP-USA’S TOTAL LIABILTY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF THIS CONTRACT, DUE TO ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE BE BASED ON NEGLIGENCE, STRICT LIABITIY OR OTHERWISE), EXCEED THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH SUCH CAUSE ARISES. IN NO EVENT SHALL SELLER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, SPECULATIVE OR CONSEQUENTIAL DAMAGES, EVEN IF SELLER IS ADVISED OF SUCH DAMAGES.
4. BUYER shall pay all taxes, excises, fees or charges with respect to the sale or transportation of the Product.
5. BUYER represents that it is not insolvent, as that term is defined in the Uniform Commercial Code (U.C.C.).
6. BUYER acknowledges that it has received and is familiar with GSP-USA’s labeling and literature concerning the Product, and BUYER agrees to forward such information to its employees, independent contractors, and others who handle and use the Product for BUYER.
7. BUYER will comply with all laws, rules and regulations pertaining to handling of the Product, and BUYER assumes all risks and liability arising out of its use, storage, handling and resale of the Product.
8. BUYER agrees to defend, indemnify and hold GSP-USA harmless against claims by any third party (including BUYER’s employees and customers) arising out of BUYER’s use, storage, handling or resale of the Product.
9. BUYER shall confirm the accuracy of all shipments as to Product identity, quantity and quality upon receipt, and BUYER waives all claims therefor unless made in writing and delivered to GSP-USA within ten (10) days after receipt of goods.
10. BUYER accepts GSP-USA’s point-of-shipment weights and measurements, unless proven incorrect. On sales made F.O.B. delivered basis, no allowances for shortage or damage will be made by GSP-USA unless BUYER furnishes acknowledgment from the carrier that same occurred in transit. On all sales made F.O.B. GSP-USA’s plant or warehouse, BUYER will, in the event of loss or damage in transit, file its own claim with carrier.
11. In no event shall BUYER be entitled to set off against any amount payable by BUYER in connection with the sale of Products hereunder any amount owed or allegedly owed by GSP-USA to BUYER arising from this transaction or any other transaction or agreement between BUYER and GSP-USA.
12. Neither BUYER nor GSP-USA shall be liable for any delay in performance or non-performance for any cause beyond the reasonable control of the party affected, whether or not foreseeable by the party affected. Except as otherwise provided herein, U.C.C. Section 2- 615 shall govern the rights of both parties hereto in the event of such delay or nonperformance.
13. If at any time the financial responsibility of BUYER, or the credit risk involved, shall become unsatisfactory to GSP-USA, GSP-USA may require cash or satisfactory security prior to subsequent shipments or deliveries hereunder. The election by GSP-USA to require such cash or security shall not affect the obligation of BUYER to take and pay for the contracted Products. BUYER agrees to pay all costs and expenses, including reasonable attorneys’ fees, incurred by GSP-USA in the collection of any sum payable by BUYER to GSP-USA hereunder.
14. These Terms and Conditions (Terms) apply whether or not they are attached to or enclosed with the Products. These Terms and GSP-USA’S confirming order or acknowledgement constitute a final, complete, and exclusive statement of the entire contract related thereto, and no parole evidence, course of dealing, conduct, performance, or usage of the trade shall be relevant to supplement or explain it. Notwithstanding the terms set forth in BUYER’s purchase order, these Terms constitute a counteroffer, acceptance of which is expressly limited to these Terms. These Terms supersede and replace all terms of BUYER’s purchase order, acknowledgement or other document related to the sale of the Products.
15. Any action on behalf of BUYER for breach of the contract must be commenced within one year after the cause of action has accrued.
16. This contract shall be governed by and construed under the laws of the State of New Jersey, without regard to its conflict of laws provisions.
17. If BUYER resells the Product, BUYER shall ensure compliance with the U.S. export law. No Product(s) can be exported or re-exported without proper export authority, which is granted by the U.S. Department of Commerce.
18. Except to the extent prohibited by applicable law, GSP-USA expressly disclaims any and all provisions of the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement.