1. Quotes
Quotes are provided in writing and are valid for seven (7) calendar days unless the quote states otherwise. GPU and component pricing and availability change frequently, so all quotes are subject to product availability and supplier confirmation at the time of order. Typographical or pricing errors may be corrected before an order is accepted.
2. Orders and acceptance
An order is accepted when we confirm it in writing or ship it, whichever comes first. We may decline or cancel any order, including for suspected fraud, inability to verify the buyer, unavailability of product, or export-compliance concerns. If we cancel an order you have paid for, we refund the amount paid.
Special-order, custom-configured and non-stocked items may be non-cancellable and non-returnable once ordered from our supplier. We identify these items on your quote.
3. Pricing and taxes
Prices are in U.S. dollars and exclude shipping, insurance and taxes unless stated. We collect Massachusetts sales tax and any other applicable sales or use tax unless you provide a valid exemption or resale certificate before the invoice is issued (for example, Massachusetts Form ST-4 Resale Certificate, Form ST-5 Exempt Purchaser Certificate, or a valid certificate for the ship-to state). You are responsible for the accuracy of any certificate you provide.
4. Payment
We accept major credit cards, ACH transfer, wire transfer and company checks. Unless you have an approved credit account, payment is due before shipment, and orders paid by check ship after the funds clear.
Purchase orders and net terms. Business, education and government customers may apply for net terms. Approval, credit limits and terms are at our discretion and may require a credit application and references. A purchase order must reference our quote number. Terms printed on a purchase order that conflict with these Terms of Sale do not apply unless we agree to them in writing. Past-due balances may incur a late charge of 1.5% per month (or the maximum allowed by law, if lower), and we may hold further shipments until accounts are current.
5. Shipping, title and risk of loss
Shipping is described in our Shipping Policy. Risk of loss passes to you when the goods are delivered to the ship-to address. Title passes when we receive payment in full.
6. Returns and warranty
Returns are governed by our Returns & RMA Policy. Products are covered by the applicable manufacturer warranty as described in our Warranty Policy. EXCEPT AS EXPRESSLY STATED IN THESE POLICIES, FLORAGPU MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW.
7. Limitation of liability
To the fullest extent permitted by law, our total liability arising from any order is limited to the amount you paid for the product giving rise to the claim. We are not liable for indirect, incidental, special or consequential damages, including lost profits, lost data or downtime. You are responsible for backing up your data before installing, servicing or returning any product.
8. Export compliance
Products sold by FloraGPU are subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC). You agree not to export, re-export or transfer any product to a sanctioned country or region, to a restricted or denied party, or for a prohibited end use, without the authorization required by law. We do not sell to sanctioned countries or restricted parties. We may screen any order and may request end-use or end-user information, and we may cancel any order that we believe could violate these laws. See our Export Compliance page.
9. Trademarks
Product and brand names are trademarks of their respective owners and are used only to identify the products we sell. FloraGPU is an independent reseller and does not represent that it is an authorized partner of any manufacturer unless expressly stated.
10. Governing law
These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. The courts located in Worcester County, Massachusetts have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction.
11. Changes
We may update these terms from time to time. The version in effect when we accept your order applies to that order.
Contact
Florencia Fight Co. LLC (DBA FloraGPU), Jefferson, Massachusetts, USA. Contact us using the form on our Contact page.