SHIP QUANTITY:
Gigantic ships quantities in accordance with Customer requests and subject to Gigantic’s standard tolerances and variations. For custom orders, the quantity shipped may vary +/-10% from quantity ordered. For exact quantity requirement requests, please discuss specifications with a Gigantic Customer Service or Sales Representative.
SHIPMENT AND DELIVERY:
(a) Unless otherwise agreed by Customer and Gigantic, delivery shall be FOB Gigantic’s manufacturing plant. Title and risk of loss shall pass to Customer at Gigantic’s manufacturing plant. Selection of carrier is reserved by Gigantic. Any increase in delivery costs resulting from Customer’s instructions to the carrier or from receiving delays caused by Customer shall be charged to Customer’s account. Commercially reasonable efforts shall be made to deliver goods at the desired time; however, delivery dates are not guaranteed. (b) Production and delivery of products are subject to restrictions, labor difficulties, civil disturbances, accidents, fires, food, windstorm, government regulations, delays of carriers including but not limited to railcar shortages, shortage of raw materials, energy, pandemic, or acts of God, and any other cause (whether or not similar to causes listed above) beyond Gigantic’s reasonable control (“Force Majeure Event”). During any such Force Majeure Event, Gigantic shall be excused and not liable for delay in delivery, inability to deliver or failure to deliver or perform its obligations hereunder, and Gigantic shall have the right to allocate its available supply among its customers in its sole discretion.(c) Delivery dates indicated in documentation, if any, are approximate and are based on prompt receipt of all necessary information regarding the goods and/or services covered by the order or contract. Gigantic will make reasonable efforts to meet any indicated delivery dates but cannot be held responsible for failure to do so.
CANCELLATIONS; TERMINATION BY GIGANTIC:
Gigantic may terminate an order from Customer immediately by written notice to Customer without liability or further obligation hereunder if Customer fails or refuses to furnish Gigantic with such information and assurances as Gigantic may request about Customer’s financial and operating conditions as affecting Customer’s ability to purchase products and, to the extent permitted by law, in the event of Customer’s insolvency, the filing of a voluntary or involuntary petition in bankruptcy by or against Customer, the appointment of a receiver or trustee for Customer, Customer’s execution of an assignment for the benefit of creditors, or a comparable event. Undelivered parts of any order may be canceled by the Customer only with the written approval of Gigantic. In the event of cancellation of orders for special or custom orders, the Customer shall pay to Gigantic, all reasonable costs and expenses that have been incurred prior to cancellation, including the cost of raw materials ordered, plus the usual rate of profit for similar work. The minimum cancellation charge shall be 15% of the contract price.
CLAIMS:
The customer is responsible for inspecting all goods upon arrival. Gigantic is not responsible for any goods that are received and accepted by Customer free and clear without written indication from Customer of any discrepancy, non-conformance, or damage. Claims for any reason, must be made within 5 (five) days of receipt of shipment. Failure to give notice of any discrepancies, non-conformance, or damage to goods in writing within 5 (five) days of receipt of shipment shall constitute a waiver by Customer of all claims in respect to the goods received. No claim will be allowed unless approved by an authorized representative of Gigantic. Customers are responsible for their own finished good testing. Gigantic Bag makes no representation or warranties on any applications.
RETURNS:
Customer may not return products without first obtaining Gigantic’s prior written consent. Special or custom orders are not returnable or refundable. Standard materials may be subject to restocking and repackaging charges. Gigantic is not responsible for any direct or indirect loss which may result from material failure, improper storage, neglect or misapplication of the product. Prepaid freight for return shipments may be required. Gigantic does not accept charge backs or penalties for disputed orders.
