Terms & Conditions

 

With any purchase, customer agrees to the following terms and conditions:

Privacy policy

 

  • (a) The information you provide will be used by us primarily to provide products to you.  This will include updating and enhancing customer records, analysis to help us manage our business, statutory returns and legal and regulatory compliance.
  • (b) We may make a search of a credit reference agency, which will keep a record of that search. We may also make enquiries about your principal directors.
  • (c) We will monitor and record information relating to your trade credit performance and such records may be made available to credit reference agencies and other organizations who will share that information with other businesses to assess applications for credit.
  • (d) Your information will be kept confidential and secure.  Our use of this information is subject to your instructions and the General Data Protection Regulation (under which we are a Data Controller).
  • (e) Occasionally we would like to send you information about additional products we offer.  If you do not wish to receive such information, then please write to our Data Protection Officer: Email info@griffwerkusa.com

 

Terms of service

 

Basis of contract

  • 1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  • 2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
  • 3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
  • 4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
  • 5 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any illustrations contained in the Supplier’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
  • 6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 14 Business Days from its date of issue.
  • 7 For the first order as a trade customer, the supplier is not obliged to accept orders with a value of less than USD700 excluding vat.

Goods

  • 1 The Goods are described in the Specification.
  • 2 To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Specification. This clause 3.2 shall survive termination of the Contract.
  • 3 The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.
  • 4 Any Intellectual Property Rights contained in the Goods shall be and remain the exclusive property of the Supplier.

 

Limitation of liability

  • 1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
    • (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
    • (b) fraud or fraudulent misrepresentation.
    • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
    • (d) defective products under the Consumer Protection Act 1987; or
    • (e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
  • 2 Subject to clause 10.1:
    • (a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
    • (b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Goods.

Force majeure

  • Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including (but not limited to) strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, unforeseen shortages in Goods or materials, or default of suppliers or subcontractors.

 

 

Shipping policy

 

Delivery

  • 1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
  • 2 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
  • 3 The delivery date of the Goods shall be the date as shown in the Supplier’s delivery manifest.
  • 4 Any dates quoted for delivery are approximate only, and the time of delivery is not “of the essence”. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
  • 5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
  • 6 If the Supplier is unable, for any reason, to deliver the Goods within three months of the date set out in the Order, the Supplier, at its sole discretion, shall have the option to terminate the Contract by written notice. In such an event, the Supplier shall provide a full refund in cash, in cleared funds, to the Customer within 10 Business Days from and including the date of termination of the Contract.
  • 7 If the Customer fails to take delivery of the Goods within two Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract:
    • (a) delivery of the Goods shall be deemed to have been completed at 9:00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
    • (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
  • 8 If within seven Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
  • 9 The Supplier may deliver the Goods by instalments, however, the Supplier reserves the right to invoice the full amount payable for the Goods in advance. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Force majeure

  • Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including (but not limited to) strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, unforeseen shortages in Goods or materials, or default of suppliers or subcontractors.

 

Return and refund policy

Our products are nonrefundable by mistaken orders and we do not accept exchanges at any time. In case of a wrong delivered item, the buyer, customer must provide evidence of wrong delivered items. 

how can I make a return?

for a refund, items must be unused, returned in the original packaging and in a re-saleable condition. A deduction of 35% of the original price will apply from your refund to cover any restocking and repackaging costs. if you wish to return an item, please submit a request using our return form.

 

how long do I have to make a return?

our policy lasts 48 hours after delivery. If 48 hours have gone by since your purchase was delivered, unfortunately we can’t offer you a refund. to be eligible for a return, your item must be unused and in the same condition that you received it. it must also be in the original packaging. please include your receipt or proof of purchase.

the Products must be shipped back to GRIFFWERK within 14days, after the return process is approved. If you ship the products later than 14days, GRIFFWERK wound accept the returned items. 

 

how long does it take to process my return?

please allow for 21-30 working days for your return to be fully processed from receipt by our warehouse.

 

how do i track my return?

you will be responsible for paying for your own shipping costs for returning your item. shipping costs are non-refundable. if you receive a refund, the cost of return shipping will be deducted from your refund depending on where you live, the time it may take for your exchanged product to reach you may vary. if you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance. we are not responsible for lost or goods damaged by the delivery company. once we’ve processed your return request, we will notify you via e-mail.