Terms of Payment and Delivery

1. Pricing

• All prices specified in this catalog are in United States Dollars and calculated without GST and are non-binding. This price lists voids all previous price list.
• Deliveries will be made ex warehouse (EXW). The packaging costs are included in the specified prices unless the Buyer requests special packaging.
• Flat rate delivery charges are based on the total order volume and customers will be charged for the delivery as follows:
  • 5% of the total shipping value
• FFA for orders/shipments greater than $750.00.

2. Terms of payment

• Payments can be made by:
  • Credit card payment
  • Wire transfer / ACH
  • Check

• In case of non-payment, all outstanding amounts shall become payable with immediate effect. This shall not apply if non-payment is not attributable to the Buyer. We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
• All foreign payments have to be made free of expense for us. We reserve the right to handle order processing based on cash on delivery or cash before delivery.
• The Buyer may only offset such claims which have been agreed in writing or legally binding.
• We grant the following payment method:
  • 30 days NET (depends on credit reference)
  • Advance payment

3. Delivery

• We will deliver to anywhere within the United States. For any international inquiries please contact us.
• We aim to dispatch you order within 2 working days of receipt, providing the ordered goods are in stock.
• The goods will be packed as is customary in the trade. The Seller shall be entitled to make partial delivery
• If an item is not available/out of stock, Goki America will automatically put it on backorder.
  • You will not be charged for any items placed on the backorder until they become available.
  • Once the backorder is available, we will notify you
  • Backorders with a total value of $375.00 will not be processed unless agreed by Goki America

4. Liability for defects

• The information about weight, dimensions, volume, capacity, color, etc. provides are for guidance only, unless expressly warranted or if their usability for the contractually intended purpose requires exact conformity. The term of liability for defects shall be one year from delivery, two years for consumer.
• The supplied items have to examined carefully and immediately upon delivery to the Buyer on the third party appointed by him/her. They shall be deemed accepted unless the Seller receives written notice of obvious defects in the written form regarding obvious defects or non-previous defects which were discernible after immediate, careful examination within eight working days after discovery of the defect.
• At the Seller´s request and only upon previous agreement, the faulty item shall be returned to the Seller at the costs of the Buyer. In case of a justified notice of defects, the Seller shall reimburse the cost of the most favorable shipping method; Return freight costs will be calculated based on the original place of delivery.
• In the case of a justified claim within the agreed time limits, the Seller will choose, either to deliver a replacement or to correct the defects. An adequate period of time to carry out these measures must be allowed. Should the replacement or correction be similarly defect, the Buyer has the right to negotiate a reduction in price or to cancel the order, in regard to the item in question.

5. Damages

• The Seller shall only be liable in case of willful or gross negligence on the part of his bodies, legal representatives and agents and in the case of a violation of contractual obligations.
• In case of minor breach of contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.
• The disclaimer of liability and the limitation of liability shall not apply in case of personal injury (damage of life, body, health) and damage to privately used items according to the product liability act or insofar as liability is obligatorily required by law.
• Claims for damages between companies shall fall under the statute of limitations one year after the statutory beginning of the period of limitation at the latest, unless they due to willfully or gross negligence.

6. Retention of title

• Delivered goods remain the property of the Seller until full payment of all outstanding debts is fulfilled, including those arising out of future transactions, even if payment on certain named goods has taken place.
• The Buyer shall have the right to resell goods subject to reservations of proprietary rights (goods subject to retention of title) in the scope of normal business operations. Pledging and assignment as security shall not be admissible. In case of a resale of the goods subject to retention of title, the Buyer assigns the resulting claim with ancillary rights against the acquirer to the Seller as security even now. The same shall apply to other claims that substitute the goods subject to retention of title or that come into being otherwise regarding the goods subject of retention of title, loke for example insurance claims or claims based on unlawful acts in case of loss or destruction.
• The machining and processing 

7. Obligations to the customer

• As a customer of Goki America, you must provide current, complete and accurate information about yourself and your company to all time.

8. Severability

• In the event that any part of these terms and conditions shall be deemed invalid, unlawful or unenforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the full set extent permitted by law

9. Applicable law

• Goki America and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of North Carolina.

Note:

We point out that retailers are obliged to hand over the Hangtags that are loosely supplied with some items to the final consumer together with the goods!

Goki America, Inc. – 227W 4TH St STE 304 – Charlotte, NC 28202 – United States

Phone 980-217-0217 –Email info@goki-toys.com –

Website www.goki-toys.com