Article 1: General
These Sales Conditions of Great Lakes Gages, LLC, a Limited-Liability-Company formed in the State of Michigan, USA (hereinafter referred to as “Great Lakes Gages” or “the Company”) apply to all sales agreements and any related or resulting agreements between the customer and Great Lakes Gages. These conditions shall also apply if the customer has deviated from these conditions.
Article 2: Prices
The prices stated by Great Lakes Gages are excluding VAT and other government levies, unless otherwise stated in the agreement between the customer and Great Lakes Gages. All prices may be subject to change without prior notice.
Article 3: Delivery
3.1 Delivery of items shall be made strictly according to the agreement between the customer and Great Lakes Gages.
3.2 The delivery time stated in the agreement shall commence after all necessary documents have been received by Great Lakes Gages. Delivery times may vary depending on circumstances beyond the control of Great Lakes Gages, such as force majeure or incorrect information provided by the customer.
3.3 In the event of delayed delivery, Great Lakes Gages shall be entitled to charge the customer for any additional costs incurred as a result of the delay.
Article 4: Payment
4.1 All payments from the Customer must be made in full and without deduction or set-off of any amounts whatsoever via credit card at time of purchase unless otherwise agreed in writing between the customer and Great Lakes Gages.
Article 5: Liability
5.1 All risks related to items sold by Great Lakes Gages shall be transferred from Great Lakes Gages to the customer upon delivery.
5.2 If, within 7 days after receipt of the items, the customer provides written notice to Great Lakes Gages of any apparent defect, then the customer is entitled to either a repair or replacement of the defective items. Items found to be defective will be repaired or replaced free of charge by Great Lakes Gages within 30 days after receipt of the written notice.
5.3 All claims for damages shall be made in writing and must reach Great Lakes Gages within 14 days of the date on which the damage occurred.
Article 6: Warranty
Great Lakes Gages warrants that all items sold by it shall be free from defects in material and workmanship for a period of 12 months from delivery. This warranty does not cover any defects caused by mishandling, abuse, negligence or normal wear and tear.
Article 7: Obligations of the Customer
7.1 The customer shall inspect the items immediately upon receipt and shall notify Great Lakes Gages in writing within 2 working days if any defects are found or suspected.
7.2 The customer must take all necessary measures to ensure that products delivered by Great Lakes Gages are used only for the purposes and in accordance with the instructions provided by Great Lakes Gages.
7.3 The customer is responsible for complying with all applicable laws, regulations and standards when using products delivered by Great Lakes Gages.
Article 8: Intellectual Property Rights
8.1 All intellectual property rights belonging to or licensed to Great Lakes Gages shall remain the property of Great Lakes Gages. These rights include but are not limited to copyrights, patents, trademarks, service marks, designs and trade secrets.
8.2 The customer shall not acquire any right over or in respect of such intellectual property rights.
Article 9: Confidentiality
9.1 The Customer shall keep all information it receives from Great Lakes Gages strictly confidential and shall not disclose such information to any third party without prior written consent from Great Lakes Gages.
9.2 This obligation shall not apply to information that is in the public domain or has been disclosed by a third party who was not under an obligation of confidentiality.
Article 10: Termination
10.1 Either party may terminate this agreement and any related or resulting agreements with immediate effect by giving written notice to the other party if:
(a) The other party has breached any of its obligations under this agreement and/or related or resulting agreements; or
(b) The other party becomes insolvent, enters into liquidation, calls a meeting of its creditors or has a receiver, manager, administrator or trustee appointed over all or any part of its assets.
10.2 All outstanding payments shall be due and payable immediately upon notice of termination.
Article 11: Applicable Law
This agreement and any related or resulting agreements shall be governed by the laws of the State of Michigan. Any disputes arising out of this agreement and/or related or resulting agreements that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts in the State of Michigan.
Article 12: Modifications
Great Lakes Gages reserves the right to modify these Sales Conditions at any time with prior written notice to the customer. The modified Sales Conditions shall be effective as of the date of such notice.
Article 13: Severability
If any part or provision of this agreement and/or related or resulting agreements is found to be invalid or unenforceable, then that part or provision shall be deemed severed from the remainder of the agreements and shall not affect the validity or enforceability of the remaining parts or provisions.
Article 14: Assignment
The customer may not assign any of its rights and/or obligations under this agreement and/or related or resulting agreements without the prior written consent of Great Lakes Gages.
Article 15: Force Majeure
Great Lakes Gages shall be relieved from performing any obligation hereunder if there is an event beyond its reasonable control, including but not limited to government action or inaction, war, strikes, weather conditions and power outages.
Article 16: Entire Agreement
These Sales Conditions and any related documents supersede all prior agreements or representations between the parties on the subject matter hereof. The parties acknowledge that they have not relied on any statement, representation, assurance or warranty of any person other than those expressly set out in these Sales Conditions and/or related documents.
Article 17: Waiver
The failure of either party to enforce at any time or for any period the provisions herein shall not be construed as a waiver of such provisions nor shall it affect that party’s right to enforce such provisions thereafter.
Article 18: Notice
Any notice required or permitted under this agreement shall be sent in writing and delivered either by hand, registered post or email to the last known address of the recipient. All notices shall be deemed to have been received on the date of delivery if sent by hand, within three days of posting for notices sent by registered post or upon dispatch for notices sent by email.
Article 19: Remedies
The remedies provided to each party under this agreement are cumulative and shall not be exclusive of any other remedy available at law or equity.
Article 20: Survival
Any provisions of this agreement which imply survival shall survive the termination or expiration of this agreement.
Article 21: Headings
Headings are for convenience only and shall not affect the interpretation or meaning of any part of this agreement.
This document outlines the terms and conditions applicable to sales made by Great Lakes Gages. By placing an order with Great Lakes Gages, the customer agrees to be bound by these Sales Conditions. Any terms and conditions put forward by the customer in relation to this agreement shall not be binding on Great Lakes Gages unless expressly accepted in writing by an authorized representative of Great Lakes Gages.
These Sales Conditions may only be modified with prior written consent from Great Lakes Gages. In any case of dispute, the laws of the State of Michigan shall apply and exclusive jurisdiction shall be given to the courts of the State of Michigan.
This document was last updated on 08/22/2023.
Great Lakes Gages reserves the right to modify these Sales Conditions at any time with prior written notice to the customer. For each sale made, customers should refer to the https://RAL-USA.com website for a current version of these Sales Conditions.
By submitting an order, customers acknowledge that they have read, understood and agreed to the applicable Sales Conditions. Any questions or comments related to these Sales Conditions can be sent to email@example.com.