Terms & Conditions

Terms of and Conditions of Sale

1.  Terms of Service. 

GEDORE Tools, Inc. ("GEDORE") is offering for sale the tools, equipment, gear and accessories (collectively and individually, the "Product") identified herein subject to the following terms and conditions (the "Terms and Conditions").  The Terms and Conditions set forth the legally binding terms with respect to the Customer's purchase of the Product.  Please read these Terms and Conditions carefully.  By placing an order for and/or purchasing a Product, the Customer acknowledges and represents that he or she has read and understood, and agrees to be bound by these Terms and Conditions.  Further, the Customer acknowledges that these Terms and Conditions are subject to change at GEDORE's sole discretion without further notice, and Customer expressly agrees to be bound by any such changes without further notice.  The Customer agrees and represents that he is buying the Product for his own use and not for resale.

2. Warranty.

(a) GEDORE warrants to Customers who purchase a Product from the GEDORE catalogue, website or an authorized GEDORE dealer for use in their profession that the Product will be free from defects in workmanship and materials for a period of one (1) year from the date of sale (the "Warranty Period").  Consumable Products are warranted only against defects in workmanship or materials that prevent their use during the Warranty Period. For purposes of this Warranty, Consumable Products are defined as those Products which are reasonably expected to be used up or damaged during use, including without limitation drill bits, saw and knife blades, grinding and sanding discs, knife blades, files, sensors and batteries.  This Warranty extends only to the original Customer and may not be transferred or assigned to any third party.

(b) During the Warranty Period, GEDORE, at its option, will repair or replace Products due to defects in workmanship or materials, or provide a refund by repaying or crediting Customer with an amount equal to the purchase price of such Products.  The repair, replacement or refund of the Products shall be at the election and expense of GEDORE, and shall be Customer's sole and exclusive remedy, in lieu of any and all other rights and remedies which Customer may otherwise have.  To obtain Warranty service, Customer shall follow the Return of Product procedures set forth in Paragraph 6 below.  GEDORE is not responsible for Products which are lost or damaged during return.  It is recommended that Customer: (1) send the returned Product with a tracking or delivery confirmation number; (2) use a carrier offering shipment tracking for all returns; and (3) either insure the Product during shipment or declare the full value of the shipment so that Customer is protected if the Product is lost or damaged during shipment.  GEDORE is not liable for the repair, replacement or refund of a Product without valid proof of purchase or delivery.

(c) The Warranty described above applies only to products containing the GEDORE label, and does not apply to products without the GEDORE label.  Products that do not contain the GEDORE label are subject to the warranties, if any, provided by the manufacturer of those products, and said manufacturers should be contacted with respect to that product and any warranty service, if available, for that product.

(d) The Warranty described above applies only when the Product has been subject to normal use, and does not cover defects or failures resulting from abnormal use, unreasonable use, misuse, abuse, accident, alteration, modification, neglect, lack of maintenance, use after the Product is significantly worn, or when repairs to the Product have been made or attempted by persons other than GEDORE (collectively, "Abuse").  By repairing, replacing or providing a refund on a Product, GEDORE does not waive a claim that a Product was subject to Abuse.

(e) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.    

3. Limitation on Liability.

(a) GEDORE and its affiliates shall not be liable for any damage as a result of any delay or failure to deliver any Product due to any cause beyond their reasonable control, including without limitation any act of God, act of Customer, act of Government, regulation or law, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities.  In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay.  Customer's exclusive remedy for other delays and for GEDORE's inability to deliver for any reason shall be rescission of the sale of the Product.

(b) GEDORE AND ITS AFFILIATES, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR COSTS (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, ANTICIPATED SALES, BUSINESS OPPORTUNITIES, GOODWILL, OR INTERRUPTION OF BUSINESS OR OTHER INJURY OR DAMAGE) INCURRED BY CUSTOMER OR OTHERS WHICH ARISE OUT OF OR ARE IN ANY WAY RELATED TO, DIRECTLY OR INDIRECTLY, THE DESIGN, MANUFACTURE, SALE, HANDLING OR USE OF ANY PRODUCT, OR WHICH ARISE FROM ANY OTHER CAUSE WITH RESPECT TO ANY PRODUCT OR THE FOREGOING WARRANTY, WHETHER SUCH CAUSE OR CLAIMS ARE BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY.

4. Product Description and Discontinuation. 

Any description of a Product contained in a catalogue, website or other publication or advertisement are for the sole purpose of identifying the Product and are not intended as, and shall not be construed as, an express warranty of any kind.  Product dimensions shown or described in a catalogue, website or other publication or advertisement are rounded up to the nearest fractional size or nearest tenth millimeter, and are not exact product specifications.  GEDORE reserves the right to make changes in the design, manufacture or construction of its Products at any time without incurring any obligation to incorporate such changes in any Product previously sold.  GEDORE reserves the right to discontinue the manufacture or sale of any Product at such time as may be determined by GEDORE in its sole discretion.

5. Shipping; Risk of Loss. 

Title to Product shall pass from GEDORE or its suppliers, as the case may be, to the Customer upon shipment from the facility of GEDORE or its suppliers, as the case may be.  Any loss or damage to a Product that occurs during shipment by a carrier selected by GEDORE or its suppliers shall be the responsibility of GEDORE or its suppliers, as the case may be.  Any loss or damage to a Product that occurs during shipment by a carrier selected by Customer shall be the responsibility of Customer.  GEDORE reserves the right to make delivery of Product in installments.  In the event Customer has not received the Product within fourteen (14) days of the billing to Customer's credit card, Customer shall be obligated to contact GEDORE so as to enable the shipment to be traced.  Many customers receive their parcel post and priority parcel post shipments within ten to fourteen (10-14) business days; however, parcel post shipments may take up to six to eight (6-8) weeks for delivery, and tracers on shipments through the U.S. Postal Service cannot be initiated until eight (8) weeks from the shipment date.  Customer agrees to provide GEDORE a sufficient amount of time, in light of the foregoing, to trace a Product before GEDORE shall have any obligation to replace or refund a Product.

6. Product Return.

(a) Customer may return any new and unused product purchased from GEDORE for any reason within thirty (30) days of delivery.  To return a Product within this thirty (30) day period, Customer must call 866-367-5526 or email service[at]gedoretools.com to obtain a Return Product Authorization ("RPA") form.  The RPA form will provide Customer with detailed instructions on the return process.  When returning a Product within thirty (30) days of delivery for refund, the Product must be in a new, saleable condition, must contain the Product's original packaging, and must contain proof of purchase and date of purchase.  Opened software and gift cards are not returnable or refundable.  Upon receipt and confirmation of the return of Product by GEDORE, Customer's credit card will be credited for the amount of the purchase price of the Product and the tax paid by Customer.  In the event of a damaged or defective Product, Customer may elect to have the Product replaced with an identical Product.  In the event the Product shipped was not the Product ordered by the Customer, Customer may elect to have the correct Product shipped.  Only Products purchased from GEDORE can be returned in this fashion.  GEDORE requires that Customer return the Product with prepaid insurance using UPS or parcel post.  GEDORE will not accept returns sent C.O.D.  If the Product was damaged during shipment, GEDORE requires that Customer hold the Product and original packaging and call the carrier for inspection and pick-up.

(b) In the event Customer seeks Warranty service outside the initial thirty (30) day period described above and during the Warranty period, Customer must call 866-367-5526 or email service[at]gedoretools.com to obtain a Return Product Authorization ("RPA") form.  The RPA form will provide Customer with detailed instructions on the return process.  GEDORE, at its option, will repair or replace a Product which is defective in workmanship or materials, or provide a refund by repaying or crediting Customer with an amount equal to the purchase price of such Product.  The repair, replacement or refund of the Product shall be at the election and expense of GEDORE.  Only Products purchased from GEDORE can be returned in this fashion.  GEDORE requires that Customer return the Product with prepaid insurance using UPS or parcel post.  GEDORE will not accept returns sent C.O.D.  If the Product was damaged during shipment, GEDORE requires that Customer hold the Product and original packaging and call the carrier for inspection and pick-up.

(c) GEDORE is not responsible for Products which are lost or damaged during return.  It is recommended that Customer: (1) send the returned Product with a tracking or delivery confirmation number; (2) use a carrier offering shipment tracking for all returns; and (3) either insure the Product during shipment or declare the full value of the shipment so that Customer is protected if the Product is lost or damaged during shipment.  GEDORE is not liable for the repair, replacement or refund of a Product without valid proof of purchase or delivery.  Refunds will only be issued to the credit card used for the original purchase.  In the event that card is no longer active, a refund will be issued by way of check.

7. Governing Law. 
The Customer acknowledges and agrees that his offer to purchase any Product was made and delivered to GEDORE in the State of South Carolina, and was accepted by GEDORE in the State of South Carolina.  The Customer further acknowledges and agrees that these Terms and Conditions, and any dispute arising out of or relating to the Terms and Conditions or the handling, use or condition of a Product shall be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its principles pertaining to the conflicts of laws.  The Customer further acknowledges and agrees that the state or federal courts of South Carolina shall have sole and exclusive jurisdiction over any dispute arising out of or relating to the Terms and Conditions or the handling, use or condition of a Product.

Note that solid blue-handled tools are not available in the USA.

June 2010.