Terms of Use and Sale
10th July 2006
Access to and use of AISIN EUROPE S.A.'s ("AISIN") website, www.aisineurope.com (the "Site") is governed by the conditions of use and sale ("Terms of Use") set forth below, as well as any applicable laws, statutes, ordinances and regulations. By accessing this Site, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use this Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.
1. Intellectual Property Rights
The materials located on the Site, including, without limitation, the text, graphics, and all other audible, visual, and downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Site (collectively, the "Content") are the property of AISIN or its licensors or designees (except when such material as been made available in the public domain under a GNU General Public License or Creative Commons License) and are protected by copyright, trademark and other intellectual property laws. All right, title and interest in and to the Content are owned, licensed and/or controlled by AISIN. You may download one computer copy or print one copy of the Content on this Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any other copying, redistribution, retransmission, publication, uploading or modification of any of the Content is strictly prohibited without the express written consent of AISIN.
2. Privacy Statement
AISIN is committed to protecting the privacy of the users of its Site. For information on how information is collected, used or disclosed by AISIN in connection with your use of this Site, please consult our Privacy Policy.
4. Submissions
AISIN does not want to receive confidential or proprietary information from you through our Site. Any communication or material you transmit to the Site by electronic mail or otherwise, excluding personally identifiable information about yourself, including, but not limited to any questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary by AISIN. By transmitting such communications, you automatically grant AISIN a royalty-free, perpetual, irrevocable, non-exclusive license to use reproduce, modify, publish, edit, translate, distribute, perform, and display such material(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by AISIN for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products or services using such information.
5. Availability of Products and Services
Information AISIN publishes on this Site may contain references or cross references to other products, programs and services that are not announced or available in your country. Such references do not imply that AISIN intends to announce such products, programs or services in your country. Consult a AISIN representative for information regarding the products, programs and services which may be available to you.
6. Disclaimer of Warranties
IF YOU ACCESS THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS". AISIN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. AISIN DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AISIN DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR COMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY HEMOBIOTECH. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT AISIN ’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF AISIN ’S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, AISIN ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Limitation of Liability
IN NO EVENT WILL AISIN OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).
AISIN RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AISIN OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AISIN ’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
8. Indemnification
You agree to indemnify, defend and hold harmless AISIN, its respective successors, assigns, affiliates, distributors, licensees and their past and present officers, directors and employees, representatives, and agents from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these Terms of Use.
9. Severability and Integration
These Terms of Use constitute the entire agreement between you and AISIN regarding the use of this Site, superseding any prior or contemporaneous communications and proposals between you and AISIN. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
10. Termination
You acknowledge and agree that AISIN, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this Site, and remove and discard any information or Content or any of the Site, for any reason. You further agree that AISIN shall not be liable to you or to any other person as a result of any such suspension or termination.
11. E-commerce
a) Contract Formation
No contract shall subsist between you and AISIN for the sale by it to you of any product unless and until AISIN accepts your order . AISIN reserves the right to refuse orders it deems to be of large quantity or placed by resellers. Your order confirmation is for your convenience only and does not constitute an acceptance of your order.
Title in the goods shall not pass to the customer until all sums due from the customer to the supplier on any account have been paid.
b) Pricing
"List Price" - any "list price" used on this Site represents the manufacturers' suggested selling prices and may not be indicative of the prevailing selling prices at any specific time and place in your area.
"Our Price" - despite our careful attention to pricing, an item could be mis-priced inadvertently. If an item's correct price is lower than our quoted price, we will charge the lower (correct) amount and deliver the item to you. If an item's correct price is higher than our quoted price, AISIN shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. However, we might at our discretion decide to honour the lower (incorrect) price and send the item in order not to cause you inconvenience.
You "Save" - all references to your "savings" on this Site are based on your average savings relative to the "list price" excluding the VAT calculation.
c) Delivery
We will deliver your order within normal working hours within 5 business day from receipt of the order if we receive your order before 5pm. If your order is received after 5pm, we will deliver the order within normal working hours within 6 business days. If for any reason we cannot deliver your order within this time period we will contact you immediately to arrange a new delivery time with you. If for any reason we cannot deliver your order within our time period you may at your option cancel your order and we will provide you with a full refund.
d) Your Order
We reserve the right to substitute goods within your order with goods of an equivalent nature (eg a blue sewing machine for a red one). If you do not wish to accept the substituted goods then you must return them to us within 7 days of their receipt.
e) Disclaimer
In an effort to provide our customers with the most current information, price and availability information is subject to change without notice.
Save in respect of your statutory rights and save in respect our guarantee, we shall not be liable to you by reason of any implied warranty, condition or other term, or any duty at common law, or under these terms of our contract with you, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence) which arise out of or in connection with the supply of the goods or their use by you.
12. Governing Law and Forum
These Terms of Use along with AISIN 's Privacy Policy shall be governed and construed in accordance with the laws of Belgium, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction of Belgian courts. Any cause of action by you with respect to the Site, the Privacy Policy, or any Content or related services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred.
