Terms and Conditions of Sale (Gilway)

All orders submitted through this Web site are subject to all terms and conditions contained herein. From time to time, the terms of the Site may change.

International Light Technologies, Inc. owns or licenses the copyrights for all written materials (‘the contents”) appearing on this Web site. You may not reproduce, distribute, change, display, re-create, publish, sell or otherwise use the Contents of the Site without the permission of Gilway. The material in this Web site could include technical inaccuracies or other errors. Your use and browsing of the Site is at your risk. Neither Gilway nor any other party involved in creating, producing or maintaining the Web site shall be liable for any damages of any kind or nature arising out of your access to, or use of, the Gilway Web site. The Company does not warrant that the functional aspects of the Site will be uninterrupted or error free or that this Site or the server that makes it available is free of viruses or other harmful components. Without limiting the foregoing, all information on the Gilway Web site is provided to you “AS IS,” “WITH ALL FAULTS” and without warranty or any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

1. An order shall not be binding on Seller until approved by Seller at its home office, Gilway Technical Lamp, 10 Technology Drive, Peabody, MA 01960-7976, USA. Office hours are Monday through Friday, 8:00 am to 5:00 pm Eastern Time (subject to holidays). Order online anytime. Orders received for products in stock generally are shipped on the next business day. Seller’s sale of products is made solely and exclusively pursuant to and subject to the terms and conditions set forth herein, and no conflicting or additional terms or conditions whatsoever, whether stated in Buyer’s purchase order, confirmation or other communication or otherwise, shall apply unless such conflicting or additional terms or conditions are set forth in a separate writing executed by a duly authorized executive officer of Seller.
2. Gilway makes every effort to present accurate pricing, however, prices are subject to change without notice, and, if an order is shipped in more than one shipment, the respective prices in effect on each date of shipment will apply for all goods shipped on such date.. Prices do not include any bank charges, freight, insurance, handling, taxes, import and/or duties imposed or levied by any government or subdivision thereof by reason of a sale, all of which shall be for the account of, and are assumed by the Buyer whether or not such shall be paid or be payable by the Seller.
3. All prices are in U.S. dollars and no payments in foreign currency will be accepted. Only credit card payments will be accepted for E-commerce orders. Gilway accepts MasterCard, VISA, American Express and Discover.
4. Prices stated are FOB Peabody, MA, USA and title and risk of loss to each article of goods sold hereunder shall pass to Buyer upon delivery to carrier at FOB point.
5. Seller’s total aggregate liability for any and all claims is limited to the cost of the goods sold (not including taxes, shipping or other associated charges). In no event shall Seller be liable to Buyer or anyone claiming by or through Buyer for any indirect, consequential, incidental, special, punitive, multiple or exemplary damages of any kind, nature or description, howsoever arising (whether in or under contract, tort, statute (including, without limitation, Massachusetts General Laws Chapter 93A) or otherwise), whether or not foreseeable and even if Seller has been advised in advance of the possibility of such damages, including, but to limited to, lost revenues or profits, or any damage or loss whatsoever resulting from delay or default in delivery due to any cause. Buyer shall not have the right to cancel its order because of any delay or default in delivery. Orders may not be cancelled nor shipment delayed by Buyer except with the prior consent of, and upon the terms and conditions approved by, Seller in writing. Such terms may include cancellation charges, payment in full for all work in progress, work finished, goods identified to the order, and all other damages or losses incurred by Seller as a result of such cancellation or delay.
6. Seller warrants that all products delivered by Seller to Buyer shall be free from defects in materials and workmanship for a period of sixty (60) days following date of delivery to Buyer. Buyer’s sole remedy for defective goods shall be, at Seller’s option, replacement of defective goods at FOB point stated herein or a credit with Seller for such defective goods, in accordance with the provisions of this paragraph
7. Replacement or credit will be given only after Seller’s inspection of the goods and its agreement to the claimed defective condition. All claims shall be deemed waived unless made in writing and delivered to Seller within sixty (60) days after receipt by Buyer. In no event will any claim be entertained (I) after goods have been cut or used by Buyer or (ii) based upon any failure or damage which cannot conclusively be proved to have proximately and solely resulted from a defect in material or workmanship. Any claims whatsoever will be deemed waived unless an action is initiated in the state or federal courts situated within the Commonwealth of Massachusetts within six (6) months from the date of receipt of goods by Buyer. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY GOODS SOLD OR OTHERWISE DELIVERED TO BUYER, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED AND STATUTORY WARRANTIES WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Seller does not warrant that the goods will be free from errors in operation, will operate in the manner expected or intended by Buyer, or will suit Buyer’s requirements.
8. By placing an order with Gilway, Buyer consents to personal jurisdiction of the state and federal courts situated within the Commonwealth of Massachusetts, and acknowledges and agrees that such courts shall be the exclusive forum for any claims asserted under or in connection with this agreement or the goods purchased hereunder.
9. The Seller will not accept return of goods unless authorized in a written “Authorization of Return Material” prior to return shipment, which shipment must be made in accordance with Seller’s instructions.
10. This contract shall be governed by and constructed according to the laws of the Commonwealth of Massachusetts, and it constitutes the entire agreement between all parties, all prior representations and understanding having been merged herein. It may not be modified or terminated except by a writing signed by a duly authorized representative of the Seller. This contract contains the final and entire agreement of Buyer and Seller with respect to the sale of the goods covered hereby and the other subject matter hereof, and supersedes any and all prior agreements, arrangements, understandings, undertakings, promises, representations, statements and communications, oral, written, graphic, pictorial or electronic, between them or by any of them, with respect to such sale and/or other subject matter.