Terms and Conditions

Additional Invoice Terms and Conditions

This document sets out additional terms and conditions for all invoices issued by The GSI Group, LLC. (Seller) and /or any of its divisions. Your company is hereafter referred to as (Buyer).

1. To secure the obligations of the Buyer hereunder, Seller reserves title to said goods and shall have a purchase money security interest therein and all substitution, therefore or for any part thereof, and all accessories, parts and equipment now or hereafter installed in or affixed thereon and all proceeds from the sales thereof, under the Illinois Uniform Commercial Code until the price and all other amounts due from Buyer hereunder are paid in full. In addition, Seller has the right of set-off or lien on any deposit or sums now or hereafter owed by Seller to Buyer.
2. The undersigned Buyer or Buyers, jointly and severally, hereby authorize irrevocably any attorney of any Court of Record to appear for the undersigned and each or any of them in such Court, in term time or vacation, after default hereon and to confess a judgment without process in favor of the holder hereof for such amount as may appear unpaid hereon, together with costs of suit and reasonable attorneys’ fees and to release and waive all errors that may, intervene and consent to immediate execution thereon. However, Seller shall not enforce a judgment obtained by confession so as to acquire any interest in real property which is used or expected to be used as Buyer’s principal residence.
3. Buyer assumes the entire risk of loss for damage to said goods and agrees that their loss or damage shall not relieve Buyer from his obligation under this contract.
4. Buyer shall not sell, lease, encumber or place said goods in any other person’s possession or remove them from Buyer’s address stated herein without the written consent of the holder of this contract.
5. The parties agree that the goods shall remain personal property (anything which may be done by the parties hereto to the contrary notwithstanding). Buyer shall obtain written assurance from any present or subsequent owner of real estate on which the goods are or may be located that the goods are personal property.
6. Buyer agrees to keep said property free of all taxes, liens and encumbrances; to pay all recording and filing fees in connection herewith; in the event of delinquency to pay a reasonable collection or delinquency fee and attorney’s fees for said collection and to reimburse the holder hereof for expenses caused thereby; that Seller is authorized to correct patent errors in this contract; that Seller’s assignee shall be entitled to all rights of Seller.
7. The occurrence of any of the following events or conditions at the option of the Seller, without notice to the Buyer, shall constitute an event of default hereunder:
   • Default in the payment of payment price or any other indebtedness due hereon; or
   • Failure of Buyer to perform any agreement or warranty made by Buyer herein; or
   • Loss, theft, substantial damage to, destruction, sale, encumbrance, concealment, removal, attachment, seizure, forfeiture of or levy up goods; or
   • Institution by or against Buyer or Buyer’s business or property of any proceeding under any bankruptcy or insolvency statute or filing of a petition by Buyer for an arrangement or assignment by Buyer for the benefit of creditors.
8. Upon the occurrence of any event of default, the Seller in the contract may declare all installments of the invoice price and all other indebtedness secured hereby immediately due and payable, without notice or demand to the Buyer and thereupon the parties shall have the rights and remedies provided by Article 9 of the Illinois Uniform Commercial Code. All rights and remedies of the Seller whether provided for in this contract or conferred by law, are cumulative.
9. If Seller demands surrender of the goods upon default, Buyer shall assemble the goods and make them available to Seller at a reasonable time and place designated by Seller. If said goods are repossessed, Buyer shall remove the contents of said goods at the time of repossession and failing to do so, Seller may remove same and leave said contents at the location from which said goods are repossessed, in which event Seller shall not be liable for any loss, destruction, deterioration or spoilage of said contents after said removal. Buyer shall give written notice to Seller within 24 hours after repossession, if Buyer claims any articles in which Seller does not have a security interest and which were contained the property at the time of repossession, or such claim is waived. Buyer shall indemnify Seller against liability for reasonable expense or damage caused by removing the goods from their place of installation.
10. Waiver of any default in any payment of the invoice price when due shall not operate as a waiver of any subsequent default. No extension of time payment or any other modification of terms of this contract shall be binding on Seller unless written consent thereto is given.
11. If any provision of this contract is held invalid, the invalidity shall not affect the remaining provisions hereof. No provision hereof shall be interpreted so as to conflict with the provisions of any law, state or federal, regulating this transaction, and where more than one interpretation is possible, that interpretation shall be adopted which is consistent with the provision of the governing law. Time is of the essence in this contract.
12. Buyer acknowledges that the Seller may sell and assign his rights under this contract and that after such sale the Buyer will settle all claims against the Seller directly with the Seller and agrees not to set up any claim against the Seller as defense, counterclaim, set-off, cross-complaint, or otherwise, to any action for purchase price or possession brought by the holder hereof.
13. All notices required to be given Buyer shall be properly given if mailed by regular mail to Buyer’s address shown on the face hereof.
14. This agreement constitutes the entire contract between the parties and shall be binding and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. No warranties, express or implied, (including no warranty of merchantability), and no representations, promises or statements have been made by Seller unless endorsed hereon in writing.
15. The parties agree that this sale occurred at Assumption, Christian County, Illinois, and that the Laws of Illinois shall apply to all matters growing out of this agreement.

We reserve the right to invoice at prices prevailing at the time of shipment.

All orders are considered frozen once the order enters the production window, or the approval drawing is signed, whichever happens first. No equipment changes will be accepted during this time. Order cancellations will result in a 15% of DNET cancellation fee. No cancellations are allowed 5 business days prior to scheduled shipment.

All returns are subject to a 15% of list price restocking fee.

Shipment Scheduling

• Truck pickup days should be scheduled roughly 5 weeks in advance
• Specific materials instructions for each truck should be communicated 2 weeks in advance
• Specific dock loading times should be secured 3 days in advance minimum

Shipping 217–226-4421

*Failure to hit these scheduling milestones will lead to storage fee and handling fee of $720/truckload plus $300/truckload/month delay fee. Freight will be charged at $250 per truckload to the storage location. You will be responsible for freight from the warehouse to your location.

Order Movement

In the situation you need to request to not take receipt of your shipment as confirmed 2 weeks prior to loading, we will ship your product to another location for storage and subsequent future shipping. Fees will be assessed as follows: handling fee of $720/truckload plus $300/truckload/month delay fee. Freight will be charged at $250 per truckload to the storage location. You will be responsible for freight from the warehouse to your location.

No-Show Customer Pickup Appointments

Failure to arrive for a customer pick up appointment as scheduled and/or failure to provide a minimum of 48 hours’ notice to schedule changes will result in a no-show fee. A $225 fee will be charged per no show appointment.

Credit Hold

Orders that remain on credit hold 5 days prior to their scheduled loading time will be removed from the shipment schedule.

Preliminary Packing Lists

• Sent 2 days prior to truckload shipments for storage products from our Assumption Plant.
• Sent to the email addresses attached to your SAP customer profile
  • Not the email that receives invoices
  • Same email addresses that receive order ackwnowledgements, backorder reschedule notification etc.
• Indicates any parts that are currently not allocated to your specific shipment.

Critical Components

• Roof, Roof Hardware, Sidewalls, Sidewall Hardware, and Stiffeners
• If a critical component is missing from your shipment you can choose to move the shipment out to a later date.
• You need to contact your Assumption Shipping Coordinator within 24 hours and reschedule the shipment or it will ship as originally planned and will likely backorder critical components

Non Critical Components

• The preliminary packing list will indicate what other parts have not been allocated to your order, but shipments must be taken as scheduled unless a critical component is potentially backordered and you reschedule with your shipping coordinator.

Excessive Wait/Load Times/Truck Order Not Used for CPU (Customer Pick Up)

If charges are determined to be valid, GSI will reimburse our customer in the form of a credit based on the following:

Truck Shipments:

• Detention
  • 2 hours free time is required from time of scheduled appointment for loading.
  • Up to $60 per hour with a maximum of 10 hours chargeable in a single working day. Maximum chargeable hours are dictated by our shipping hours of operation at time of shipment.
  • Chargeable time will be calculated on 15 minute increments.
  • If a driver misses their loading appointment, they will be worked in based on available time slots. Any waiting time incurred due to waiting for an available time slot cannot be billed as detention.

• Layover
  • In the event that GSI is unable to load a driver as scheduled and is forced to push the loading appointment over to the next day, a Layover Charge of up to $400 will be paid.
  • To qualify, the driver must have been on time for the original loading appointment. The delay in loading to the next day must be a result of GSI controlled issues.

• Truck Ordered Not Used
  • In the event a shipment is cancelled and is not rescheduled, a TONU Charge of up to $600 will be paid. To qualify, the load cancellation must be within 24 hours of the scheduled loading appointment; and the truck must be either onsite or dispatched and in route to GSI. If the load cancelled does not meet these qualifications, then the TONU Charge will not be paid as it is viewed by GSI as “No Harm/No Foul”.
  • A TONU Charge must be supported by an agreement in writing from GSI’s Shipping/Logistics Department that the cancellation is by GSI request.

Ocean Container Shipments:

• International Shipping Documentation
  • A complete set of International Shipping Documentation will be provided no less than 1 full business day after the completion of loading of the last container on the order.
  • Partial sets or preliminary documentation will not be provided in the interim.
  • GSI will not bear the costs of any expenses incurred as a result of not providing the documentation prior to 1 full business day after the completion of the last container loaded.

• Detention
  • 4 hours free time is required from time of scheduled appointment for loading.
  • Up to $75 per hour with a maximum of 10 hours chargeable in a single working day. Maximum chargeable hours are dictated by our shipping hours of operation at time of shipment.
  • Chargeable time will be calculated on 15 minute increments.
  • If a driver misses a loading appointment, they will be worked in based on available time slots. Any waiting time incurred due to waiting for an available time slot cannot be billed as detention.

• Bobtail Charges
  • In the event that GSI is unable to load a container as scheduled and requests that the container be dropped, a Bobtail Charge will be paid.
  • All Containers that are dropped must first have GSI’s consent to do so and an agreement in writing from GSI’s Shipping/Logistics Department that a Bobtail Charge will be paid.
  • As GSI has numerous locations where container loading can take place, the Bobtail Charge will vary based on location. The maximum chargeable amounts is $177.50

The rates shown are maximums that GSI will pay. Customers who are arranging their own freight are responsible for any charges over and above what GSI has stated herein. A copy of the carrier invoice must be submitted with the customer invoice as supporting documentation for payment. GSI will not accept any additional mark up that increases the invoiced amount such that it agrees with the GSI maximum charges stated above.

A 2% of list price fee will be assessed for all shipments from the Newton or Clearlake warehouses.

GSI must be notified of any shortages no later than 90 days after truck shipment for complete line shortages.

GSI must be notified no later than 150 days for Concealed Shortages (shortages within a package or box for a component of a line item).

GSI will provide load photos for any items claimed as shortages that are visible on the truck. If the Dealer cannot locate these items onsite a replacement order will need to be placed by the Dealer.