These terms and conditions (these “Terms”) apply to the purchase and sale of products and services from Griphaus Ltd. (referred to as “us”, “we”, or “our” as the context may require) through any means, including but not limited to through our website at www.griphaus.co.uk (the “Site”). These Terms are subject to change by us without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any products or services from us, including but not limited to the products and services that are available from us through the Site. The purchase of any product or service from us after a posted change in these Terms will constitute your acceptance of, and agreement to, such changes. 

If you do not agree to all the terms of sale, then you should not purchase any of our products or services.

 

These Terms are also an integral part of the Website Terms of Use that apply generally to the use of our Site. Our Privacy Policy also applies to you when you use our Site, including when you place an order for products or services through our Site.

 

O R D E R ,   A C C E P T A N C E   A N D   C A N C E L L A T I O N

1 (a) Order Acceptance. You agree that your order is an offer to buy, under these Terms, the products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation message by email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until we have sent you an order confirmation e-mail and received any required payments in full for the products or services in the order. (b) Order Cancellation. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by emailing us at contact@griphaus.co.uk. Orders may not be cancelled once already confirmed.

 

P R I C E   A N D   P A Y M E N T   T E R M S 

(a) Any prices posted on this Site or otherwise delivered to you are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices are in British Pounds and do not include any local or international VAT, customs, duties, tariffs, or other similar fees, or charges for shipping and handling, insurance, or any payment processing fees (e.g. credit card fees). All such taxes, fees, and charges will be added to your total and will be itemized in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion. Payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, Discover credit cards or wire transfers. For international orders, we may require wire or electronic transfer of funds. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

S H I P P I N G ,   D E L I V E R Y ,   T I T L E   A N D   R I S K   O F   L O S S

(a) After receipt of payment in full and acceptance of your order, we will discuss and arrange shipping of the products. You will pay all shipping and handling charges and all taxes, duties, tariffs or other similar fees.

(b) Griphaus Ltd. arranged shipments can be insured for the replacement value of the goods, should damages or loss occur during transportation. Insurance premiums are based on 1.5 % of the equipments value and can be included on the invoice at your request. DHL Shipping Terms and Conditions apply.

(c) Title and risk of loss pass to you upon our transfer of the products to the carrier.

(d) Shipping and delivery dates are estimates only and cannot be guaranteed. We reserve the right to change lead times without notice and are not liable for any delays in shipments. Expedited shipping is available at a surcharge and must be authorized via an invoice. Email us at contact@griphaus.co.uk for more information.

(e) If you do not find our options satisfactory, you may arrange your own shipping or pick-up in person. In-person pick-up of goods must be scheduled and confirmed by Griphaus Ltd. ahead of time. Note: The date your order is ready for pick up is the date used to track your warranty period. Email us at contact@griphaus.co.uk for more information.

(f) International Customers are responsible for all costs incurred during importation of goods (e.g. customs/duties/taxes) and must assign a customs broker to the shipment prior to release of shipment. Griphaus Ltd. will provide all necessary documentation for successful importation of goods.

(g) Customer-arranged shipments must be picked up within 30 days from the made ready date, where Griphaus has made the shipment available to customer or customer’s freight forwarder. Customer-arranged shipments not picked up within 30 days may be re-allocated or incur additional lead time.

(h) Griphaus is not responsible for loading freight. Freight brokers, forwarders, and/or couriers must contact Griphaus to confirm the shipment.

 

R E T U R N S   A N D   R E F U N D S 

By default all sales are final. To return products, you must first e-mail us at contact@griphaus.co.uk to obtain a Returns Number before shipping your product. No returns of any type will be accepted without an Returns Number. Returns and/or subsequent refunds are authorized at the sole discretion of Griphaus Ltd. You are responsible for all shipping and handling charges on any returned products. You bear the risk of loss during shipment of your returned products. We recommend that you fully insure any return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are processed upon our receipt of your returned products. Your refund will be credited back to the same payment method used to make the original purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.

 

U P G R A D E S

From time to time, in our sole discretion, we may issue a product change notice to you pursuant to Section 16 below and offer to you or a modification, improvement, or change to the original product ordered by you from us (each an “Upgrade”). If we make an Upgrade mandatory, which we may do in our sole discretion for no reason or any reason, including to improve the safety or reliability of a product, you must accept the Upgrade within thirty (30) days or your limited warranty below will be immediately terminated and you assume all risk of using the product without such mandatory Upgrade.

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L I M I T E D   W A R R A N T Y 

This Limited Warranty gives you specific legal rights. The Limited Warranty can also be found at www.griphaus.co.uk/warranty. We warrant that during the warranty period, the product purchased from us will be free from defect in materials and workmanship. We also warrant that during the warranty period, any services purchased from the site will be performed in a work like manner and in accordance with generally recognised industry standards for similar service.

 

D I S C L A I M E R   O F   O T H E R   W A R R A N T I E S .  (EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE) 

All products and services are provided "As is" . We here by disclaim all other warranties, whether express, implied, statutory or other (Including all warranties arising from course or dealing, usage or trade practice),  and specifically disclaim all implied warranties of merchanability, fitness for a particular purpose, title and non- infringement.

 

L I M I T A T I O N   O F   L I A B I L I T Y

Neither us nor our representatives are liable for consequential, indirect, incidental, special, punitive or enhanced damages, lost profit or revenues or revenues or diminution in value, arising out of or relating to any breach of there terms, regardless of

 

• Whether such damages were forseeable

• Whether on not we or you were advised of the possibility of such damages

• Whether the legal or equitable theory (Contract, tort or otherwise) upon which the claim is based is alleged to be failure of its essential purpose.

 

M A X I M U M   L I A B I L I T Y 

Our aggregate liability arising out of or related to your purchase of products or services from us, whether arising out of or relating to breach of contract, tort (Including negligence) or otherwise , shall no exceed the total of the amounts paid to us pursuant to your purchase of products or services from us.

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A S S U M P T I O N   O F   R I S K 

Without limiting the generality of any other terms, you assume all risk and liability for the results obtained by the use of any product or service, whether in terms of operating costs, general effectiveness, success or failure, and regardless of any oral or written statements made by us, by way of technical advice or otherwise, relating to the use of the product or services.

 

P R O D U C T S   N O T   F O R   S A L E   O R   E X P O R T 

You agree to comply with all applicable laws and regulations of the United Kingdom. You represent and warrant that you are buying products or services from us for your own use only, and not for resale or export. Products and services purchased from us may be controlled for export purposes by export regulations.

 

N O N - E X C L U S I V E   P R O D U C T S 

We reserve the right to sell our products. The sale of a Griphaus Ltd product does not indicate regional/territorial exclusivity. Unless otherwise expressly written and agreed, Griphaus Ltd. reserves the right to distribute, sell, and/or make it's products available to any customers, dealers, resellers, renters, etc. as it chooses.

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I N D E M N I F I C A T I O N 

You agree to indemnify, defend, and hold us and our officers, directors, employees, agents, affiliates, successors, and permitted assigns harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising out of any third-party claim alleging:

• Any negligent or more culpable act or omission committed by you or your personnel (including any reckless or willful misconduct) in connection with the use of our products or services;

• Any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions committed by you or your personnel (including any reckless or willful misconduct) in connection with the use of our products or services; or

• Any failure by you or your personnel to comply with any applicable federal, state, or local laws, regulations, or codes in connection with the use of our products or services

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I N T E L L E C T U A L   P R O P E R T Y   U S E   A N D   O W N E R S H I P

You acknowledge and agree that: We are and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available to you from us and any related specifications, instructions, documentation or other materials, including, but not limited to, all related trademarks, copyrights, patents, and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement, if any. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available to you by us, or of any intellectual property rights relating to those products or services.

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P R I V A C Y 

Our Privacy Policy, available at www.griphaus.co.uk/privacy policy is incorporated by reference and governs the processing of all personal data collected from you in connection with your purchase of products or services from us.

 

F O R C E   M A J E U R E 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

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G O V E R N I N G   L A W S 

All matters arising out of or relating to these Terms are governed by and construed in accordance with the Laws of England and Wales. These Terms and any documents provided in connection with your order or purchase of our products and services are and shall be in English, for all purposes, the English language version of these Terms and such other documents shall govern and control, and shall prevail over any translated versions made or delivered for convenience or any other purpose.

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D I S P U T E ,   R E S O L U T I O N   A N D   B I N D I N G   A R B I T R A T I O N

(a) You and Griphaus ltd. are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Griphaus ltd. arising from or relating in any way to your purchase of products or services from us, will be resolved exclusively and finally by binding arbitration. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You agree to arbitration on an individual basis. In any dispute, neither you nor we will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

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A S S I G N M E N T S

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

N O  W A I V E R S 

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Griphaus Ltd.

 

N O   T H I R D   P A R T Y   B E N E F I C I A R I E S

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

N O T I C E S 

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. (b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to the Griphaus Ltd office. We may update the address for notices to us by sending a message to the e-mail address you provide or posting an updated address on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

O U R   R E L A T I O N S H I P

Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between you and us.

 

S E V E R A B I L I T Y

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

I N T E R P R E T A T I O N

For purposes of these Terms, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer these Terms as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. You agree that these Terms will be interpreted without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments and appendices referred to herein are an integral part of these Terms to the same extent as if they were set forth herein.

 

E N T I R E   A G R E E M E N T  

Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy shall be deemed the final and integrated agreement between you and us on the matters contained in these Terms and shall supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect thereto.

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G R I P H A U S   C O N T A C T   I N F O R M A T I O N

You may contact Griphaus Ltd. by email at contact@Griphaus.co.uk

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This privacy policy was created 15 October 2020