The Ghinduction.com Web Site is owned and operated by GH Electrotermia, S.A.U. (hereinafter referred to as GH).
As a condition of the use of the GH Web Site, you are strictly prohibited from modifying, transmitting, distributing, reusing, reposting, “framing” or using any content published on the GH Web Site including the text, images, html code, audio and/or video for public or commercial purposes without the express written consent of an authorized representative of GH. You are strictly prohibited, under any circumstance, or for any reason, from downloading any image of any of the products for sale on this site . You may only download Content displayed on the GH Web Site on the strict condition that you will use it exclusively for PERSONAL, NON-COMMERCIAL purposes, as long as you also ensure that you 1) preserve all copyright, trademark and other proprietary notices contained in the material, 2) do not modify or alter the material and 3) do not copy or post the material on any network computer or broadcast the material in any media. Any such downloaded content must be immediately destroyed if you have either breached or chosen to terminate the Agreement.
Copyright Notice and Notice of Proprietary Rights
All content included on or comprising the GH Web Site including information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively “Content”) are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the Spanish and international copyright laws, and GH owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The GH logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by GH and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
You agree to defend, indemnify, save and hold harmless GH, its licensees and GH’s respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of the Agreement.
Choice of Law
The Agreement shall be governed by and construed in accordance with the laws of Spain giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
The data and information contained in this web site are believed to be accurate, but may contain inaccuracies and typographical errors. GH’s Web Site is provided “as is” without any representations or warranties of any kind or condition, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, and non-infringement. GH does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected or that this site, including the server that makes it available, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission. Computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortuous behaviour, negligence or under any other cause of action. You specifically acknowledge that GH is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with you. Except as otherwise limited by applicable law, in no event will GH, or any person or entity involved in creating, producing or distributing GH software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the GH software or site. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
Limitation of damages
In no event shall GH be liable for any damages of any kind whatsoever, including any special, indirect or consequential damages, relating to the use of this site except as otherwise limited by applicable law.
Terms of Sale
GENERAL – No addition to or modification of any of the Standard Terms and Conditions of Sale as they appear herein for component sales of the Seller shall be binding upon Seller unless signed in writing by a duly authorized representative of the Seller.
TERMS – Buyer will maintain the same conditions previously negotiated with GH
MINIMUM BILLING CHARGES – Orders amounting to at least 300€.
SHIPPING TERMS – Buyer will maintain the same conditions previously negotiated with GH. Ex Work
SHIPMENT – Scheduled or stipulated shipping dates are approximate and based upon prompt receipt of all necessary information from Buyer.
Seller shall not be liable for any loss, damage, or delay in delivery due to causes beyond its reasonable control, acts of the Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, wars, riots, delays in transportation, transportation embargoes, or inability due to causes beyond its reasonable control to obtain necessary engineering talent, labour, materials, or manufacturing facilities. In the event of such delay, the delivery date shall be extended for that length of time as may be reasonably necessary to compensate for the delay. Regardless of the reason for delay Seller will not be liable for any incidental or consequential damages resulting from any delay.
DAMAGE CLAIMS ALL – Claims for breakage and damage whether concealed or obvious must be made to the carrier by the Buyer as soon as possible after receipt of the shipment. Seller will be glad to render the Buyer reasonable assistance in the securing of adjustment for such damages.
EXPORT PACKING – Seller will supply equipment for under-deck overseas shipment packed in accordance with its regular export standard, at no additional charge to Buyer. Where such packing for export must conform to definite specifications that differ from the Seller standard, the Buyer will be charged for the extra cost thus incurred.
SHIPPING WEIGHTS AND DIMENSIONS – Published weights are careful estimates but are not warranted. Dimensions shown in catalogue are approximate.
PRICE CHANGE – Unless otherwise agreed in writing between Seller and Buyer, Seller reserves the right to increase or decrease any price with any such increase or decrease to apply to any portion(s) of the sale which is unshipped as of the effective date of such change. Such price change will not apply to any portion(s) of the sale shipped and billed prior to the effective date of the price change.
TAXES – The Buyer shall pay or reimburse Seller for all sales, use, excise or similar taxes.
ACCESS – Unless approved in writing by an officer of Seller, any access to Seller facilities, records, or data by Buyer or customer(s) of Buyer, as well as respective agents or representatives, for whatever purpose, shall exclude access to proprietary processes and information.
WARRANTY – Any product or part manufactured by others or merely sold or installed by Seller is specifically guaranteed with the same conditions than the original supplier is giving to GH. It is furthermore specified that the Buyer must look directly to such manufacturer for any defect, failure, claim or damage caused by such product or part.
For products manufactured by GH, the warranty period is 12 months and the supplier undertakes to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the warranty period are proved to be defective due to bad material, faulty design or poor workmanship. The supplier shall bear the costs of remedying the defective parts in its works. If the repair cannot be carried out in the supplier’s works, the customer shall bear the related costs to the extent exceeding the customary costs of transport, personnel, travelling, living, dismantling and reassembly of the defective parts.
The warranty expires prematurely if the customer or a third party undertakes inappropriate modifications of repairs or if the customer, in case of a defect, does not immediately take appropriate steps to mitigate the damage and inform the supplier of such defect.
RETURN OF PARTS OR EQUIPMENT – Authority for return of parts or equipment, whether under the Warranty Clause or otherwise must be obtained from Seller. Such authority shall be granted for each reasonable request. Unless such authority has been granted, shipment will be refused. All parts or equipment returned should include reference to all pertinent order information to include Return Authorized Number order, part, model, serial numbers as well as details of the problem. Cost for placing equipment returned for credit in a bad condition will be charged to Buyer, except for, and Seller will pay return transportation, those returns based upon conditions or circumstances for which Seller is responsible by the terms and conditions herein.
Only purchases which have been invoiced to the purchaser within sixty days of his request to return the same, will be considered for return. Material accepted for return is subject to a minimum service charge of up 25% of the billing invoice, plus all transportation charges incurred by Seller.
Items built to a Buyer’s specifications cannot be returned for credit under any condition. Items, parts, or equipment returned for credit must be carefully packed so as to reach Seller without damage.
CANCELLATION AND TERMINATION – Any order placed with Seller may be cancelled by the Buyer only upon payment of reasonable cancellation charges, which shall take into account expenses already incurred and commitments made by Seller.
No termination by Buyer for default shall be effective unless and until Seller fails to correct such alleged default within 120 days after receipt by Seller of the written notice specifying such default.
GOVERNMENT CLAUSES AND CONTRACTS – Government Contract clauses and any clauses essentially based upon Government Contract Regulations shall only apply to sales subject to a Government Contract. In the event the sale is subject to a Government Contract, the terms and conditions of this sale shall include, if any, only those Government Contract Clauses not inconsistent with terms and conditions, herein which applicable Regulations (and the Prime and/or Sub-contract to which this sale is subject) are required to be included in a Contract or Subcontract such as this sale and only the minimum necessary purpose of the clause.
COMPLETE AGREEMENT – This contract contains the agreement between the parties, and no modification, amendment, rescission, waiver, or other change will be binding on Seller unless assented to in writing by Sellers authorized representative. Any oral or written representation, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on Seller.
The invalidity, in whole or part, of any of the foregoing paragraphs will not affect the remainder of such paragraph or any other of this article.