GS Filters BV Terms and Conditions

Terms and Conditions For Use of Web Site

1. Acceptance of Terms of Use: By accessing and using this Web Site you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Web Site and all such terms shall be deemed accepted by you. If you do not agree to all these Terms of Use, you should not use this Web Site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Web Site, then you should not use the part of the Web Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
2. GS Filters BV reserves the right to amend or make updates in the Content or the format of the Web Site at any time without notice. GS Filters BV reserves the right, and has the sole discretion to terminate or restrict access to the Web Site for any reason.
3. GS Filters BV reserves the right to amend these Terms of Use at any time. Such amended Terms of Use shall be effective upon posting on this Web Site. Please check the Terms and Conditions published regularly. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the “Content”) or transactions concluded through this Web Site. Such specific terms may be additional to these Terms of Use or, where and then only to the extent the content or intent of such specific terms is inconsistent with the terms contained in these Terms of Use, such specific Terms will supersede these Terms of Use.
4. While care has been taken to ensure the accuracy of the information on this Web Site, GS FIlters BV assumes no responsibility for the accuracy thereof. GS Filters BV hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this web site or the content. GS Filters BV does not warrant or make any representations as to the security of this web site. You acknowledge any information sent may be intercepted. GS FIlters BV does not warrant that the web site or the servers which make this web site available or electronic communications sent by GS Filters BV are free from viruses or any other harmful elements.
5. In no event shall GS Filters BV or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use this web site or the content, even if GS Filters BV has been advised of the possibility of such damages. Any action brought against GS Filters BV pertaining to or in connection with this web site must be commenced and notified to GS Filters BV in writing within one (1) year after the date the cause for action arose.
6. This Web Site may provide links to other web sites that are not under the control of GS FIlters BV. GS Filters BV shall not be responsible in any way for the content of such other web sites. GS Filters BV provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by GS Filters BV of the content of such web sites.
7. Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rests with GS Filters BV. All rights in the Content not expressly granted herein are reserved. Except as otherwise provided, the Content published on this Web Site may be downloaded, reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of GS Filters BV is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
8. Any material or information sent through or in connection with this Web Site by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of GS Filters BV, subject to any privacy policies posted on this Web Site. GS Filters BV may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.
9. The Web Site may contain references to specific GS Filters BV products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

Terms and Conditions of Sale

1. 1. QUOTATIONS AND ORDERS
   1. 1.1.  A quotation will be valid for 30 days from the date of the quotation.
   2. 1.2.  To avoid higher prices being applied to any agreement, the Customer must ensure that the quotation reference number is quoted in all purchase orders made by the Customer in response to quotations from GS Filters BV.
   3. 1.3.  No order submitted by the Customer shall be deemed accepted by GS Filters BV unless and until confirmed in writing by GS Filters BV.
2. 2. PRICES AND PAYMENT TERMS
   1. 2.1.  Unless otherwise agreed in writing between GS Filters BV and the Customer, prices shall be those applicable at the date of the invoice, exclusive of VAT.
   2. 2.2.  Agreed prices are based on quantities the Customer has indicated it will purchase. GS Filters BV is not responsible for pricing, typographical, or other errors in any offer by GS Filters BV and reserves the right to cancel any orders resulting from such error.
   3. 2.3.  Terms of payment are within GS Filters BV's sole discretion, and payment must be received by GS Filters BV prior to GS Filters BV's acceptance of an order. Payment for the products will be made by credit card, wire transfer or some other prearranged payment method unless credit terms have been agreed to by GS Filters BV. Invoices are due and payable within the time limit noted on the invoice. GS Filters BV may invoice parts of an order separately.
   4. 2.4.  GS Filters BV shall be entitled to bring an action for the price whether or not the property in the Goods has passed. The rate of interest applicable on any outstanding sum after the payment period will be 3% of the outstanding debt per month on a cumulative basis.
3. 3. DELIVERY
   1. 3.1.  A delivery date shall be treated as being approximate and GS Filters BV shall not be liable for any delay in delivery, provided that it uses commercially reasonable efforts to meet the delivery date. All Goods for delivery will be delivered carriage paid, unless otherwise agreed. GS Filters BV reserves the right to charge for any special delivery arrangements and for all pallet equipment not returned to GS Filters BV within 60 days of receipt.
   2. 3.2.  The Customer will sign an advice note on receipt of the Goods. If the Customer specifies "unexamined" or similar wording GS Filters BV will treat that as confirmation of receipt of all the Goods in the advice note. Any loss or damage to Goods found on delivery must be notified in writing to the carrier and to GS Filters BV within 7 days. Damaged Goods and associated packaging should be retained for examination.
   3. 3.3.  If the Customer:
      1. 3.3.1.  fails to take delivery or give adequate instructions; or
      2. 3.3.2.  requests GS Filters BV to hold the Goods after the agreed date for delivery;
      payment will be due and payable 30 days from the date the Goods were available for dispatch, or GS Filters BV may at its option sell the Goods and (after deducting all reasonable storage and selling expenses) charge the Customer for any shortfall below the contract price.
   4. 3.4.  GS Filters BV shall be entitled to determine the route and manner of delivery of the Goods, and make partial deliveries of the Goods or deliver the Goods by instalments with prior approval of customer. No sale of Goods shall be a sale by sample.
4. 4. VARIATIONS
   1. 4.1.  GS Filters BV reserves the right to modify the Goods to comply with statutory or EU regulations and to improve facilities or performance. It is GS Filters BV's policy to endeavour to develop and improve its Goods, and accordingly GS Filters BV reserves the right to change specifications without prior notification or public announcement, provided that nothing in this clause shall oblige the Customer to accept Goods which do not reasonably comply with the Contract.
5. 5. STORAGE
   1. 5.1.  If Customer fails to give all necessary instructions and documents for the Goods to be forwarded, or Customer otherwise causes or requests a delay, the Customer shall pay in addition to the order price, all storage and other relevant costs.
   2. 5.2.  GS Filters BV shall be entitled to withhold delivery and put the Goods in storage if Customer owes any amounts or is in arrears with payment.
   3. 5.3.  Where GS Filters BV arranges storage on the Customer's behalf or for a reason in Clause 5.1 or Clause 5.2 all charges for storage, insurance and demurrage shall be payable by the Customer.
6. 6. TITLE AND RISK
   1. 6.1.  Immediately upon delivery, risk in the Goods will pass to the Customer.
   2. 6.2 . Title in the Goods will not pass to the Customer until GS Filters BV has received full payment for the Goods and for any other Goods that GS Filters BV has sold to the Customer for which payment is outstanding.
   3. 6.3 . Until title passes the Customer holds the Goods on behalf of GS Filters BV as bailee and must keep the Goods free from any charge, lien or other encumbrance and shall keep the Goods identifiable and separate from other property in its possession.
   4. 6.4.  The Customer has the right to resell the Goods but not as GS Filters BV' agent and GS Filters BV may terminate that right at any time prior to full payment being made but in any event upon the insolvency of the Customer.
7. 7. RETURN OF GOODS
   1. 7.1.  Goods delivered will not be accepted for return without prior written consent of GS Filters BV and unless the Goods are returned in accordance with any applicable GS Filters BV return policy and procedure and claims for defective goods Art 8(5) below.
   2. 7.2.  No credit will be given to the Customer for unauthorised returns and any costs incurred by GS Filters BV in handling or disposing of the Goods will be borne by the Customer.
8. 8. WARRANTY
   1. 8.1.  GS Filters BV warrants that at the time of delivery, the Goods will correspond with their specification and will be free from defects in material and workmanship for the relevant GS Filters BV business's stated warranty period, subject to the following conditions. GS Filters BV shall be under no liability in respect of:
      1. 8.1.1.  any defect in the Goods arising from designs or specifications supplied to GS Filters BV by the Customer;
      2. 8.1.2.  any defect arising from the Customer's failure to follow GS Filters BV's instructions in relation to proper use and storage of the Goods;
      3. 8.1.3.  any defect arising as a result of: excessive wear and tear; the Goods being incorrectly fitted; subjected to neglect; carelessness or abnormal conditions; accident; or any attempt at repair, replacement or modification has been made without the prior written agreement of GS Filters BV;
   2. 8.2.  GS Filters BV shall be under no liability under Clause 8.2 where the terms of payment set out in Clause 2 have not been complied with by the Customer.
   3. 8.3.  No warranty is given as to whether or not the Goods infringe any third party patent, trademark, copyright, design right or other intellectual property right and with respect to such third party rights GS Filters BV transfers only such title as GS Filters BV may have to the Customer. However, GS Filters BV does warrant that at the time of acceptance of the Customer's order it is not actually (nor should it be reasonably) aware of any such infringement.
   4. 8.4.  If a Customer notifies GS Filters BV that it has a claim and if GS Filters BV reasonably agrees that the claim is valid, GS Filters BV has the option to refund the cost of the Goods, or repair or replace the Goods.
   5. 8.5.  The Customer shall notify GS Filters BV of a claim for defective Goods within 3 days from the date of delivery or, where the defect was not apparent on reasonable inspection, within 7 days after discovery of the defect.
   6. 8.6.  The warranty referred to above is subject to any written agreement with the customer to the contrary, such as when any bought-out guarantee applies.
9. 9. REMEDIES AND LIMITATION OF LIABILITY
   1. IMPORTANT − The Customer's attention is in particular drawn to the provisions of this Clause 9.
   2. 9.1.  The following sets out GS Filters BV's liability to the Customer in respect of or in connection with the supply or any failure to supply Goods under these General Conditions, whether in contract or tort, including negligence, and are the Customer's sole remedies in respect of any act or default on the part of GS Filters BV.
   3. 9.2.  GS Filters BV accepts liability for any loss or damage to private property, death or personal injury caused by the Products & Services supplied, the negligence or deliberate misconduct of GS Filters BV, or any employees acting on GS Filters BV's behalf. GS Filters BV's liability for losses suffered by Customer will be assessed in accordance with the applicable terms of this Clause 9.
   4. 9.3.  GS Filters BV will accept liability for direct physical damage to the tangible property of the Customer to the extent that it is caused by the negligence of GS Filters BV, subject to the exclusions set out in Clause 9.5 and up to a maximum limit of €1,250,000 in aggregate.
   5. 9.4.  Except as provided in Clauses 8.4, Clauses 8.6, Clauses 9.2 and Clauses 9.3, GS Filters BV's total liability in respect of any one default will not exceed 125% of the total purchase price of all the Goods in respect of which GS Filters BV is in default. If a number of defaults give rise to substantially the same loss or are attributable to the same or similar cause, then they will be regarded as giving rise to only one claim. GS Filters BV will be given a reasonable opportunity to remedy any default.
   6. 9.5.  Except as provided in Clause 9.2 GS Filters BV will not be liable for:
      1. 9.5.1.  loss of business, revenue, profits, anticipated savings (even where the same arise directly from a breach of these General Conditions); or
      2. 9.5.2.  special, indirect or consequential loss, even if such loss is foreseeable by or in the contemplation of GS Filters BV, or for any claim made against the Customer by any other person.
   7. 9.6.  Except as expressly stated in this Clause 9 all conditions and warranties implied, statutory or otherwise are excluded to the maximum extent permitted by law.
   8. 9.7.  Any claims for rebates or credits shall only be valid if made within 3 months of the expiry of the period to which any written agreement to give such rebates or credits applies, or where no such agreement has been made, within 12 months of any grounds for such claim.
10. 10. PATENTS AND COPYRIGHT
    1. 10.1. In order to safeguard GS Filters BV against any liability for patent infringement where the Goods supplied or any part or component in the Goods, or the use of any such Goods, parts or components are subject to a patent (whether held by GS Filters BV or otherwise), the Customer shall only use patented goods, parts or components for the purposes, in the manner and places, or as such parts or components of specific products, as may be specified by GS Filters BV, or if not specified as may be agreed between GS Filters BV and the Customer. Where a claim is made or action brought against the Customer for infringement of patents in respect of the use or sale of the Goods or any part in them, the Customer shall immediately notify GS Filters BV, and GS Filters BV shall be entitled at its own expense and with the Customer's assistance if requested, to conduct, with GS Filters BV's own lawyers and experts, all negotiations for settlement of, and/or any litigation arising from, any claim or action. No admission of liability shall be made by the Customer nor shall it incur any expense without GS Filters BV's written consent. GS Filters BV assumes no liability for infringement of patent rights covering any combination of any Goods with any product, whether or not supplied by GS Filters BV, or any method or process in which any Goods may be used. Furthermore, GS Filters BV shall not be liable for any patent right infringement arising from compliance with the Customer's design, specification or instruction except to the extent that the infringement arises from the manufacturing process employed by GS Filters BV.
    2. 10.2. Where software or documentation is embedded in or delivered with the Goods, the sale of the Goods shall not constitute a transfer of title in the same to the Customer but shall only imply a non-exclusive and non-transferable licence under GS Filters BV's intellectual property rights to use the same with, and as embedded in or delivered with, the Goods as supplied by GS Filters BV.
    3. 10.3.  The Customer shall not:
       1. 10.3.1. modify, adapt, alter, translate or create derivative works from any electronics embedded in or provided by GS Filters BV with the Goods;
       2. 10.3.2. assign, sub-license, lease, rent, loan, transfer, disclose or otherwise make available such electronics;
       3. 10.3.3. merge or incorporate such electronics with or into any electronics; or
       4. 10.3.4. reverse, assemble, decompile, disassemble or otherwise attempt to extract the electronic workings.
    4. 10.4. All descriptions, drawings, software or other information supplied by GS Filters BV will remain GS Filters BV's property together with the copyright in them.
11. 11. BREACH
    1. 11.1.  Without prejudice to any other right or remedy, a party not in breach will be entitled to consider the other party in breach and may promptly terminate any contract and/or suspend any further deliveries and bring action in accordance with Clause 2.4 if:
       1. 11.1.1.  a party commits a material breach of the contract and fails to remedy the same within 14 days of receiving written notice to remedy from the other party (however, late payment requires no such notice for there to be such a breach); or
       2. 11.1.2.  either party or its parent or subsidiary companies makes any voluntary arrangement with creditors or becomes subject to an administration order, or if an individual or firm, becomes bankrupt or, if a company, goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
       3. 11.1.3.  a receiver or administrative receiver is appointed over, or an encumbrancer takes possession of any of a party's property or assets or the property or assets of its parent or subsidiary companies or a party ceases trading or threatens to cease trading or any distress or execution is levied on a party, its goods or assets; or
       4. 11.1.4. a party has reasonable cause to believe that any of these events is about to occur to the other party.
12. 12. EXPORT CONTROL
    1. 12.1. The validity of GS Filters BV's quotation, and any resulting agreement, may be subject to the granting of a governmental export licence. In the event that such a licence or end-use statement is required, the Customer shall promptly provide GS Filters BV with such document on written request. In case the delivery of the Goods is restricted or forbidden due to export control laws, the rights and obligations of the Customer will be suspended for the duration of such laws, and this agreement may be cancelled.
13. 13. GENERAL
    1. 13.1. Neither party shall be liable to the other for any breach arising from, (and GS Filters BV may in its discretion allocate products, so as to supply fewer Goods than agreed, in case of,) events beyond the reasonable control of the other party or its sub-contractors or suppliers including but not limited to acts of God, war, riot, fire, strikes, terrorism, lock-outs or other forms of industrial action. GS Filters BV, at its option, may cancel customer's order with respect to any undelivered goods or extend the delivery date for a period equal to the time lost because of delay. Notice of such election shall be given promptly to the customer. In the event GS Filters BV elects to cancel the order, GS Filters BV shall be released of and from all liability for failure to deliver the goods, including, but not limited to, any and all claims on behalf of the customer for lost profits, or for any other claim of any nature which the customer may have. If shipping or progress of the work is delayed or interrupted by the customer, directly or indirectly, the customer shall pay GS Filters BV for all additional charges resulting therefrom.
    2. 13.2. These General Conditions may not be amended, varied or modified except in writing signed by a duly authorised officer or representative of each of the parties.
    3. 13.3. Failure or delay by a party in enforcing or partially enforcing any provision of these General Conditions shall not be construed as a waiver of any of its rights under any contract.
    4. 13.4. If any provision of these General Conditions is found to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected by that invalidity or unenforceability.
    5. 13.5. These General Conditions are subject to Dutch law and the parties submit to the non-exclusive jurisdiction of the County Court of the Hague, the Netherlands.
    6. 13.6. Any terms and conditions which by their nature extend beyond expiration or termination of these General Conditions shall survive and remain in effect.
    7. 13.7. These General Conditions are not intended to be for the benefit of, and shall not be enforceable by any person who is not named at the date which the order is placed, and neither party can declare itself a trustee of the rights under it for the benefit of any third party.
    8. 13.8. Prices do not include the costs of any environmental charges including any approved uniform visible fee or any other fee arising out of the Directive 2002/96/EC on Waste Electrical and Electronic Equipment or any similar or derived legislation, and such additional costs will be invoiced to and payable by the Customer.
    9. 13.9. All descriptions and illustrations and particulars of weights and dimensions and performance criteria issued by GS Filters BV in catalogues, price lists, advertising matter and specifications are by way of general descriptions and approximate only and shall not form part of any contract with GS Filters BV.
    10. 13.10. These General Conditions, the Customer's order (but excluding any customer terms and conditions) and GS Filters BV's acceptance of the order constitute the entire agreement and understanding of the parties with respect to its subject matter. Each of the parties acknowledges that, in entering into this agreement, it has not relied on any oral or written representation, warranty, or other assurance (except as provided for or referred to in these General Conditions) and waives all rights and remedies which might otherwise be available to it.
    11. 13.11. In the event of discrepancies or ambiguity between translated documents or website content the original English version of text shall prevail.

Terms & Conditions

Terms of Web Site Use
Terms of Sale
     Quotations & Orders
     Prices & Payment Terms
     Delivery
     Variations
     Storage
     Title & Risk
     Return of Goods
     Warranty
     Remedies & Limitation of Liability
     Patents & Copyrights
     Breach
     Export Control
     General Ts & Cs

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