Ground Control Systems’ Terms and Conditions
General Overview: In this Document, Customer refers to any person, company, or entity to whom a Quotation is presented for the purchase of Goods and/or Services from Ground Control Systems. Goods and Services refer to Products and Services presented and described on the Quotation. Company refers to Ground Control Systems (a division of Parkabike, Inc.)
Quotations: Every Quotation provided is only valid for ninety (90) days, unless otherwise stated in the Quotation. The Quotation is subject to review, change, or withdrawal by Company prior to the acceptance of a Purchase Order, Letter of Intent, or Monetary Deposit issued by Customer before the expiration of the ninety (90) days or other stated expiration date on the Quotation.
Any Quotation that exceeds the Expiration Date will lapse after the explicit date recorded on the Quotation. Customer will be required to have any expired Quotation reviewed and re-quoted.
Change Orders: Should the product, configuration or Sales Order be changed at any point, a Change Order must be issued prior to Products being shipped. The Change Order must be signed off by a Senior Project Manager or an approved/authorized Representative of Customer and Company.
Lead times: Production of Customer’s product will not begin until the Production Agreement is signed. Company then requires a ninety (90) day lead time unless Company notifies Customer that it is a stocking item and payment terms have been met.
Payment, Storage and Past Due Shipments: Once payment terms are accepted by both parties, Customer must submit a hard ship date to Company. Company will provide storage for Customer’s product based on payment terms. Storage fees* will apply if ship date is surpassed.
Payment terms: Special orders– Special orders require Customer to make a 100% payment upfront.
Special orders are Products that are either (i) non-stocking Products, (ii) custom colored, or (iii) in an amount that exceeds Company’s maximum stocking quantity.
Pay in Full- If Customer pays in full, Company will store product for up to 60 days past agreed upon ship date. Additional discounts may apply.
50% Deposit- If Customer pays 50% deposit, Company will store product for up to 30 days past agreed upon ship date.
Net 30 Terms- A Purchase Order with Net 30 Terms does not commit product**, does not guarantee an on-site due date, and Company will not store product past agreed upon ship date. A credit check and D&B report will be required.
If Customer surpasses the offered product storage limit, a 2% storage fee* will be applied weekly until the order is shipped.
*Storage fee is applied to the value of the product on the Sales Order and does not include installation services.
**Committed product is defined as having issued monetary payment for goods and/or services.
The payment on any special order may be made in the form of Cash, Check or Credit Card. Production of an order will not commence until receipt by Company of payment and a signed Production Agreement from Customer. Once production has begun, Customer cannot cancel a special order. Stocking items- Payment terms must be approved by Company prior to any shipments.
Consultation Services: The Company offers a Consultation Service which is comprised of CAD Design and Bike Ordinance Research. The Company will offer 2 CAD Layouts at No Charge, based off of the Criteria submitted by the Customer when service is requested. In addition, the Company will review and implement any and all Bike Ordinance Requirements that may be applicable into these CAD Layouts that are requested. It will be the responsibility of the Customer to submit all relevant information in the form of Requirements and Schematics to the Company to process the CAD Layouts.
If the Customer requests any additional CAD Layouts, after the 2 additional CAD Layouts, a fee of $120 will be charged per hour. If the Customer requests multiple CAD Layouts, the fee may be negotiated based on the scope of the project. Company must request for a Negotiated Rate in writing with the Company. This fee must be agreed upon between the Company and the Customer. In addition, all fees for service must be paid upon delivery of additional Drawings and Documentation, not at the time of product or install.
The final CAD Layout must be signed off and approved by Customer and GCS Account Executive prior to production and order fulfill
Ordinances: City and building specific ordinance information is the responsibility of the architecture or building management project teams. Parking layouts are made with the best available information. Revisions made for ordinance reasons will refer back to Guidelines under Consultation Service. Ground Control Systems will work to research and adhere to project specific parking codes and ordinances for an additional service charge which will fall under Consultation Services. The Customer agrees to indemnify and hold harmless the Company against any liability or penalty arising from the final layout determined by the Company’s Consultation Services.
Damaged Shipments: Upon receiving an order, Customer must report any damaged product/pallets caused by shipping to Company immediately. Customer must document the damage to the Shipper on the Bill of Lading. If Customer fails to report any damaged product/pallets within five (5) days, Customer will be liable for replacement of any product damaged from the shipment. Wear and Tear due to the shipment process is expected and similar to that of normal wear and tear of racks. Company will not replace products unless paint surfaces are penetrated down to raw metal. See Returned Goods for Company’s return policy.
Returned Goods: Customer has five (5) days from the day of delivery to report to Company any missing, incorrect, or damaged product. Returns will not be accepted without a Return Authorization (RA) number found on Company’s Packing Slip. A 15% restocking fee will be applied to all returns. All returns must be sent back to the Distribution Center in its original packing within fifteen (15) days after delivery. An additional 10% fee will be applied if product requires repackaging. Customer is responsible for the return shipping charges. Custom Orders are made especially for Customer and cannot be returned.
Warranties: Company warrants all products and services against defects in materials and workmanship. Any products which Customer claims contain defects with regard to workmanship and/or materials may be returned to Company on the terms set forth herein. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND, SUBJECT TO THE LIMITED WARRANTY SET FORTH HEREIN, CUSTOMER ACCEPTS ALL PRODUCTS ON AN “AS IS” BASIS.
Indemnification: As permitted by law, Customer agrees to indemnify and save Company harmless from any or all losses, liabilities, claims, actions and suits, including attorney fees and costs, sustained by Company, or any of Company’s agents, employees or representatives, arising from any breach, or in any way connected to the performance or non-performance, of these Terms and Conditions by Customer or any of its agents or representatives.
Waiver: Any of the terms or conditions of these Terms and Conditions may be waived at any time by the party entitled to the benefit thereof, but no such waiver shall affect or impair the right of the waiving party to require observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or condition.
Governing Law: The rights and obligations of the parties and the interpretation and performance of these Terms and Conditions shall be governed by the law of California, excluding its conflict of laws rules.