GETT® North America General Terms of Sale for Online Orders
These Website General Terms of Sale for Online Orders were last updated as of August 6, 2018.
PLEASE READ THE FOLLOWING TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER THROUGH THIS WEBSITE. ALL CUSTOMERS THROUGH THIS WEBSITE AGREE THAT ACCESS TO AND USE OF THIS WEBSITE AND THE PLACEMENT OF ORDERS THROUGH IT ARE SUBJECT TO THESE TERMS OF SALE AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, PLEASE DO NOT PLACE AN ORDER THROUGH THIS WEBSITE.
1. SCOPE OF TERMS OF SALE AND ACCESS TO WEBSITE
GETT® North America LLC (sometimes called the “Company”, “us”, “we” or “our”) provides the means through this website (the “Website” or “Site”) for its customers to order products offered by the Company. All orders placed through this Website are subject to these General Terms of Sale for Online Orders (the “Terms of Sale”)
Subject to these Terms of Sale and the Other Terms and Policies, the Company grants you a limited, revocable right to access and use the Website solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this Website. Further, you may not reproduce all or any portion of the Website. This Website and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to suspend or terminate use of this Website by you or other users at any time and in its sole discretion.
2. USER ACCOUNT
If this Website is enabled now or in the future to allow you to order from this Website or for other functionality requiring a user account, you may be required to establish a user account, which will be accessible upon input of an authorized e-mail address, a designated password, and other required information that is requested from you at either log in or initial user account registration. For any user accounts, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the Website, and you are also responsible for the integrity and security of the operating environment from which you access the Website.
3. PRODUCT SALE AND AVAILABILITY
All prices for products or offers that are displayed on the Website are quoted in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on products offered on this Website without incurring any obligations. Availability of products and prices are subject to change without notice.
The inventory stock is not guaranteed. In case, an item sold out, we will inform the customer about the lead time. They can either wait until the item is back in stock or cancel the order free of charge. We´ll then issue a refund.
4. PRODUCT ERRORS OR OTHER INFORMATION ERRORS
All references sizes and measurements of the products are as accurate as possible but these are approximate only. Although the Company strives at all times to maintain the accuracy of information maintained on this Website, including pricing information and product details, occasionally pricing or other information errors may occur on this Website. In the event that a product that is available through this Website is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price or based on incorrect product information.
We do not guarantee that all items are in stock when an order is placed. In case an item is then out-of-stock, we will inform you about the lead time. In such a case, you can either wait until the item is back in stock or cancel the order for the out-of-stock item, and, if such item already has been paid for, we will then issue a refund.
5. PRICES AND PAYMENT
All prices are quoted by Company in U.S. Dollars and are exclusive of packaging, handling, freight, insurance, taxes, tariffs and duties. All payment shall be made in advance of shipment (for example, by credit card). We will only accept a purchase order from customers if the payment was successful.
Prices posted on the Website for products are subject to change without notice; provided prices for orders that have been accepted will be honored in the event of a price change after such order acceptance.
6. PLACEMENT AND ACCEPTANCE OF ORDERS
We only accept domestic orders from within the continental United States; provided that for sales tax reasons, we do not accept orders to be shipped to New Jersey, New York or Texas. If a customer´s ship to address is not within the continental United States or is from New Jersey, New York or Texas, such order will be declined.
Each order of products shall only be binding on Company upon the earlier of (i) the time that payment of products has occurred, (ii) shipment to customer of the products, or (iii) transmittal of a written acceptance by Company. Company’s failure to respond to a customer’s order placement within five (5) days after placement of the order shall be considered a rejection of the order.
Company’s acceptance of any order is EXPRESSLY MADE CONDITIONAL on customer’s assent to these Terms of Sale, and under no circumstances will any terms other than these Terms of Sale apply to Company’s sale of the products. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN ANY RESPONSE BY CUSTOMER OR IN A CUSTOMER’S ORDER ARE HEREBY REJECTED BY COMPANY AND SHALL BE OF NO EFFECT NOR IN ANY CIRCUMSTANCES BINDING ON COMPANY.
7. DELIVERY AND INSPECTION
Risk of loss shall pass to customer at the time the product is shipped. Company may, at its option, prepay freight charges and seek reimbursement from customer. In the event that customer fails to accept delivery of the product, Company shall have the right to store the product at the customer’s cost and expense until such product may be sold for a reasonable price to a third party. Any deposits or monies paid by customer will be used to cover any shortfall between the reasonable selling price and the price as originally agreed. Any overage will be repaid to customer within 10 business days of selling the originally purchased products.
All dates of delivery set forth in an accepted order are approximate and non-binding on Company. If customer requests any modification of the order after Company’s acceptance, Company shall have the right to extend the delivery time period as reasonably needed to complete customer’s changed order. Company reserves the right to make partial shipments. Delay in delivery of any installment shall not relieve customer of its obligation to accept the remaining delivery.
Customer shall inspect all products immediately following arrival thereof at the destination, and shall give written notice to Company within five (5) days of any claim that the products are nonconforming, provided that a reasonable inspection would have revealed such non-conformity. Such written notice shall, if applicable, include a notation on the delivering carrier’s original bill of lading of any missing or damaged components. If customer shall fail to give such notice within five (5) days, customer is deemed to have accepted the products.
8. PRODUCT RETURNS
Returns will only be accepted for non-conforming products if the product and the original product packaging are in excellent condition. All other returns must be approved in advance by the Company and the Company reserves the right to charge a restocking charge of 20% if it agrees to accept a return of conforming products.
9. WARRANTIES AND DISCLAIMERS
Company warrants that the products will be in good working order upon delivery to customer and that the products provided shall perform in accordance with the respective published end user documentation for a period of two (2) years from the date manufactured by Company ; provided that for certain Company products the warranty period for performance may be extended beyond two (2) years as follows: (i) the performance warranty period shall be three (3) years for the following Company products: InduProof™ Smart Classic, InduProof™ Smart Compact and InduProof™ Smart Touch; and the performance warranty period shall be four (4) years for the following Company products: InduProof™ Med, InduProof™ Advanced, InduProof™ Pro, InduMouse™, InduMouse™ Pro, Cleankeys® CK4, Cleankeys® CK4W and Cleankeys® CKM2W.
THE FOREGOING WARRANTIES OF COMPANY ARE IN LIEU OF ALL OTHER WARRANTIES OF COMPANY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT THE REMEDIES PROVIDED HEREIN ARE THE ONLY WARRANTIES OF COMPANY FOR PRODUCTS MANUFACTURED BY COMPANY.
CUSTOMER ACKNOWLEDGES THAT IN THE EVENT CUSTOMER RECEIVES NON-CONFORMING GOODS, CUSTOMER’S WARRANTY REMEDIES AGAINST COMPANY ARE LIMITED TO THE EXCLUSIVE REMEDIES OF (1) RETURN OF THE GOODS AND A REFUND OF THE PURCHASE PRICE THEREOF, OR (2) REPLACEMENT OF NON-CONFORMING GOODS OR PARTS, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL BE AT THE EXCLUSIVE DISCRETION OF COMPANY AS TO WHICH REMEDY SHALL BE AVAILABLE TO CUSTOMER IN THE EVENT A DISPUTE ARISES.
WE PROVIDE NO WARRANTIES FOR PRODUCTS NOT MANUFACTURED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATIONS OF LIABILITY
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN ALL EVENTS, THE LIABILITY OF COMPANY HEREUNDER, WHETHER BASED IN TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER FOR THE PRODUCT WITH RESPECT TO WHICH SUCH LIABILITY IS CLAIMED.
IN ADDITION, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE OR ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE, THE PERFORMANCE OR USE OF THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. FORCE MAJEURE
Notwithstanding anything herein to the contrary, Company shall not be liable for any delay or failure to perform hereunder when such failure or delay is, directly or indirectly, caused by, or in any manner arises from fire, floods, accidents, civil unrest, acts of God, war, terrorism, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, breakage of machinery or apparatus, transportation delays, or any other cause or causes (whether or not similar in nature to any of those hereinbefore specified) beyond Company’s control. If such force majeure shall continue for a period of more than sixty (60) days, customer shall have the right to withdraw its order in writing and shall have no further obligations to Company thereunder.
13. TRADEMARKS AND COPYRIGHT
All trademarks, service marks and trade names and logos of the Company used in this Website are trademarks or registered trademarks of the Company. Other marks used on this Website that have been posted by the Company are the property of their respective owners and are used on this Website under permission. In addition, the entire contents included in this Website, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this Website.
14. APPLICABILITY OF TERMS AND CHANGES
These Terms of Sale are applicable to you upon your accessing the Website and/or completing the registration or ordering process. These Terms of Sale, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms of Sale, we will note at the top of these Terms of Sale the date of the last update, which should alert you to changes in these Terms of Sale since your prior visit to this Website.
15. GOVERNING LAW AND DISPUTE RESOLUTION
You and we submit to the jurisdiction of the courts in the State of Texas with respect to matters arising under these Terms of Sale. You and we agree (i) to accept service of process in accordance with the rules designated by the applicable arbitrator, and (ii) to abide by any decision in any such arbitration and of any court having jurisdiction to enforce such decision.
The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Sale shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Sale. The Company may assign its rights and duties under these Terms of Sale to any party at any time without notice to you.