GETT North America General Terms of Sale
These General Terms of Sale for Purchase Orders were last updated as of February 28, 2024.
Please note: GETT North America does not offer online sales. For purchasing inquiries, please contact our sales team at
PLEASE READ THE FOLLOWING TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER. ALL CUSTOMERS AGREE THAT THE PLACEMENT OF ORDERS SUBJECT TO THESE TERMS OF SALE AND OTHER APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, PLEASE DO NOT PLACE AN ORDER.
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SCOPE OF TERMS OF SALE
SCOPE OF TERMS OF SALE
All orders placed with GETT North America LLC (sometimes called the “Company”, “us”, “we” or “our”) are subject to these General Terms of Sale (the “Terms of Sale”.) All marketing material, including our websites and its contents are the intellectual property of and are owned by the Company. Subject to these Terms of Sale and the Other Terms and Policies, the Company grants you a limited, revocable right to access and use our 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 our Websites. Further, you may not reproduce all or any portion of our Websites. Our Websites and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to suspend or terminate the use of our Websites by you or other users at any time and in its sole discretion.
- PRODUCT SALE AND AVAILABILITY
All prices for products or offers are quoted in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on standard products without incurring any obligations. Availability of products and prices are subject to change without notice.
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 an item already has been paid for, we will then issue a refund.
Due to the current procurement situation on the component/raw material market and logistical restrictions, temporary delivery problems and difficulties may occur. Although we make every effort to counteract these, we can only confirm the delivery/service date without obligation. The delivery/performance on this date is subject to undisturbed supply, production, and logistics and may still be postponed. The goods remain the property of GETT North America LLC until full settlement of all claims.
- 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 quotes, marketing material and webpages, including pricing information and product details, occasionally pricing or other information errors may occur on. In the event that a product 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.
- PRICES AND PAYMENT
All prices are quoted by us in U.S. Dollars and are exclusive of packaging, handling, freight, insurance, taxes, tariffs, and duties. All payments 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. If you want to apply for payment terms, please contact your account manager or
Prices 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. If the purchase price/market price of the required materials increases by more than three percent (3%) from the time of bidding to the time of ordering, the price, if substantiated, shall change in accordance with the weighting of the material portion.
- PLACEMENT AND ACCEPTANCE OF ORDERS
Each order of products shall only be binding on the Company upon (i) the time that payment of products has occurred, (ii) shipment to the customer of the products, or (iii) transmittal of a written acceptance by the 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 the Company’s sale of the products. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN ANY RESPONSE BY THE CUSTOMER OR IN A CUSTOMER’S ORDER ARE HEREBY REJECTED BY COMPANY AND SHALL BE OF NO EFFECT NOR IN ANY CIRCUMSTANCES BINDING ON THE COMPANY.
- 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.
- PRODUCT RETURNS
If a standard product purchased through GETT North America LLC is non-conforming such product may be returned subject to the following conditions:
(a) the product and the original product packaging must be in excellent condition, as originally delivered to you,
(b) you request and receive from GETT North America LLC a return merchandise authorization number and shipping instructions, and
(c) you timely follow such shipping instructions provided by us.
All other returns, including upon request- and customized products, 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.
To receive a return merchandise authorization number (RMA number) and/or verify the product classification (standard product, upon request product or customized product), please contact your account manager or
Returns must be sent (at the customers expense) to the following address:
GETT North America LLC
Houston, Texas 77092
Once the product is received back by GETT, a refund will be processed after GETT confirms that the above conditions have been satisfied. If GETT is unable to confirm that all of the above conditions are satisfied, GETT will send you a follow up communication providing you information about the reason for GETT’s determination.
- 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 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.
- 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 OUR WEBSITES OR ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH OUR WEBSITES, THE PERFORMANCE OR USE OF OUR WEBSITES, 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.
10. 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.
11. TRADEMARKS AND COPYRIGHT
All trademarks, service marks and trade names and logos of the Company used in e-mail communication and online are trademarks or registered trademarks of the Company. Other marks used in e-mail communication and online that have been posted by the Company are the property of their respective owners and are used under permission. In addition, the entire contents of marketing material and our websites, 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, received via e-mail or accessed from Website.
12. APPLICABILITY OF TERMS AND CHANGES
These Terms of Sale are applicable to you upon your 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.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These terms of sale shall be governed in all respects by the laws of the State of Texas, without regard to such state’s choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. The language in these Terms of Sale and other terms and policies provided for elsewhere shall be construed as to its fair meaning and not strictly for or against any party.
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.
- MISCELLANEOUS
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.