All orders placed are subject to the following terms and conditions:
Cancellation and Returns
You are solely responsible for the content of your Order. Please review the email you receive confirming your Order to make sure you ordered correctly. Gorilla Shipper, LLC (herein “Gorilla Shipper” or “Company”) is not responsible for any incorrect orders placed by the customer. If you need to cancel or change your order please notify us immediately before it ships at 1-866-447-4737. If an Order is defective or upon receipt, if the product received does not conform to the Order, do not return any items until speaking with a customer service representative to receive authorization and instructions for the return. Returns without authorization will not be accepted.
Any cancellation of any order (including pre-arrivals) must be done within 7 days of placing the order and prior to the shipment or “staging” of the order. Once shipped or staged for shipping, all orders are final.
Authorized return orders may be subject to a 15% restocking fee and shipping charges unless there was an error by the Company or defect in the product.
Notice to Company of defective orders, shortages or damage to product (excluding Foam Products) must be received via email or receipt at the Company address within 5 days of delivery of your order or all claims shall be waived. Authorized returns for defective product or inaccurate orders must be completed within 10 days of your receipt of the product.
Foam Products
Due to the properties of Foam Products, Company will not accept returns and is not liable for any damage sustained by the product during shipping, whether through UPS/FedEx or commercial carrier. All Sales of Foam Product are final and all responsibility for the product passes to the Customer upon delivery to the freight shipper, unless the Order was not fulfilled as placed, and then only the incorrect Product will be replaced, supplied, or a refund granted in Company’s sole discretion.
Pricing and Availability
Prices, ratings/reviews and availability are subject to change without notice. Online freight calculator provides a reasonable estimate of freight on a typical order configuration. Actual delivery times via FedEx and LTL Commercial carrier freight may differ from that quoted due to fluctuations in order quantities and size and availability of shipper. Gorilla Shipper, LLC cannot guarantee the availability of all items on our website at the time of order placement. In the event that we are out of an item, we will promptly contact you via email or telephone. At that time you may cancel your order or substitute another product.
Custom Orders
Custom orders for printed logo’s will be subject to our production run minimums with a plus or minus 10% over or under run. In either case, the Customer will either receive a refund for monies previously paid for any under runs and will be charged accordingly for any over runs. Except for defective product, there are no returns for custom orders. All sales of custom product are final.
Shipping Policies
By placing your order you agree to the Gorilla Shipper statement of Shipping Policies.
Sales Tax
Customer is solely responsible for any sales tax, consumption tax or other tax of any type as a result of placement of an order. By placing an order Customer represents to Gorilla Shipper that Customer is a retail merchant and as such is not required to pay sales taxes on the Customer order. It is the Customer responsibility to provide Company with a valid Sales Tax exclusion ID or Number in order to avoid paying sales taxes. Failure to do so may result in Customer being charged sales taxes retroactively.
Carrier and Delivery Times
The following are typical shipping methods. Gorilla Shipper is not responsible for failure of the freight carrier to deliver on time: We ship Commercial Freight or FedEx Ground.
Ground Service – approximately two (2) to seven (7) business days in transit
If the shipment is returned to us for an improper or incomplete address, we will charge you again for re-shipment. So please make sure the address is complete including business name, department or mail stop, and suite number if going to a business complex.
Billing Information
All items are subject to availability. Orders placed on this website, by email or by phone are not final. Your credit card will be verified and charged automatically following approval by your credit card company. Orders placed with us are received in the form of a request and are considered confirmed at the time of credit card processing and will be processed accordingly. If there is any problem with your order, we will notify you (usually within 48 business hours). Company has no liability for the failure of any product delivery if your credit card is not authorized and your order does not ship. Otherwise, Company will process your order, including the method of shipment/delivery and insurance charges, and (if applicable) tax. All orders placed through the web portal must be paid in full prior to shipment. Payments can, upon prior arrangement, be made by wire transfer, certified check, or by domestic credit card. Personal checks may also be accepted from qualified customers, but only after credit verification and approval of Company. International payments require a wire transfer. Credit card transactions are the preferred method for all new customers. You must provide a billing address that corresponds to the credit card you are using. If the billing address does not match the credit card the order will not be processed. If you encounter any problems in placing an order though the shopping cart, please call or email us for assistance.
Warranty/Damages
Company warrants that the items sold shall be free from defect in material and workmanship at date of delivery to the freight shipper. THERE IS NO WARRANTY OF MERCHANTABILITY, FITNESS FOR USE OR PARTICULAR PURPOSE, OR OTHER WARRANTIES BY COMPANY, WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, OR ANY AFFIRMATION OF FACT OR REPRESENTATION, WHICH EXTENDS BEYOND THE DESCRIPTION ON THE FACE HEREOF AND ON PRODUCT LABELING. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER FOR PRODUCT DEFECT, INCORRECT ORDER FULFILLMENT OR DELAY IN DELIVERY. Customer’s failure to timely make an inspection or failure to discover any breach of warranty and notification to Company within five (5) business days shall constitute a waiver of Customer’s rights and remedies relating thereto. Except as provided herein, Customer hereby waives any right to assert claims against Company related to the items, whether for breach of contract, tort, negligence, or strict liability. In the event of a breach of warranty by Company, Company’s sole and maximum responsibility shall be the replacement of the goods sold, or refund of the purchase price thereof, in Company’s sole discretion.
Governing Law/Venue
The parties hereby agree to exclude application of the United Nations Convention on the International Sale of Goods (CISG) to this Order regardless of conflict of law’s provisions. Any dispute regarding the products covered by this Order shall be governed by the laws of the United States of America and the State of Utah. If any action, suit or proceeding is brought by either Company or Customer with respect to the products covered by any Order, such suit may be brought only in a state or federal court located in Salt Lake County, State of Utah, or the State Courts of the State of Washington. Customer hereby consents to the exclusive jurisdiction of said courts, agrees to venue in such courts, waives any defense of forum nonconveniens, agrees to notice and service of process by mail at its business address, and agrees to enforcement of any award or judgment in any jurisdiction in which Customer has its business or assets.
Entire Agreement
The Order placed by Customer, the Shipping Policies and these Terms and Conditions shall constitute the entirety of any agreement between Company and Customer. No other writing which is not referred to herein shall be deemed to be a part of the Order or these Terms and Conditions. When an Order is placed by Customer these Terms and Conditions will constitute the complete and exclusive statement of the terms of the contract between the parties hereto, are intended as a final expression of the terms of such contract and will supersede all prior and contemporaneous agreements, inducements or conditions, express or implied, oral or written. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term herein.
Force Majeure
Company may be excused from performance under any Order upon the occurrence of events which are out of the control of Company and which result in loss of supply of Products, such as the following:
(a) acts of God, such as severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions; war, acts of terrorism, epidemics and pandemics;
(b) acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations; and (c) strikes and labor disputes or certain accidents resulting in loss of supply of Products or materials necessary to supply Products. Attorney Fees. If Company fails to pay for this Order or any costs related thereto or otherwise breaches this Terms and Conditions of any Order, Company shall be entitled to recover attorney fees and costs in seeking to enforce any of the Terms and Conditions and the Order.
(c) strikes and labor disputes or certain accidents resulting in loss of supply of Products or materials necessary to supply Products.
CUSTOMER PLACEMENT OF AN ORDER SHALL CONSTITUTE ACCEPTANCE OF THE FOREGOING TERMS AND CONDITIONS.
