Sales of Goods and/or Services & Purchase Orders
Terms and Conditions of Purchase: All purchases of goods and/or services by GW Plastics and/or its affiliates are made subject to the applicable “Purchase Order Terms & Conditions”, the links to which appear on this page, as such terms and conditions may be revised from time to time by, regardless of whether these terms and conditions are specifically referenced in a GW Plastics purchase order form. Purchase orders issued by a GW Plastics entity in China are subject to the Chinese version thereof. Purchase orders issued by a GW Plastics entity in Mexico are subject to the Spanish version thereof. All other purchase orders issued by GW Plastics or Avenue Moulds Solutions are subject to the English version thereof. All contrary, conflicting, and/or additional terms and conditions which may appear on a vendor’s or supplier’s website, order acknowledgement form, invoice or any other document or location are expressly rejected.
Terms and Conditions of Sale: All sales of goods and/or services by GW Plastics and/or its affiliates are made subject to the applicable “Terms & Conditions of Sale” the link to which appears on this page, as such terms and conditions may be revised from time to time, and regardless of whether these terms and conditions are specifically objected to or rejected in any customer request for proposal, purchase order form, or any other document or location. Sales from a GW Plastics named entity in China are subject to the China version thereof. Sales from a GW Plastics named entity in Mexico are subject to the Spanish version thereof. Sales from a GW Plastics named entity in the United States are subject to the English version thereof. Sales from Avenue Moulds Solutions in Ireland are subject to the “Avenue” version thereof. All contrary, conflicting, and/or additional terms and conditions which may appear on a customer’s request for proposal, purchase order form or any other document, website or location are expressly rejected.
Use of Website
1. ACCEPTANCE OF TERMS
2. PROHIBITED CONTENT
All information, data, and other material provided on the Website (“Content”) is the responsibility of the person or entity providing such Content. Therefore, in the event that GW Plastics permits you to upload, post, email or otherwise transmit information for display on the Website, you will be responsible for all Content that you upload, post, email or otherwise transmit. Likewise, you are responsible to respect third party rights with respect to all Content that appears on the Website and not to download, email or otherwise transmit such content in violation of such third party’s rights.
You agree not to post to the Website any Content that, as reasonably determined by GW Plastics, is or appears to be the following: (1) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable; (2) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement; (3) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information; (4) unsolicited, undisclosed or unauthorized advertising; (5) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (6) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or (7) in violation of any applicable local, state, national or international law (including export laws).
3. DISCLAIMER OF CONTENT
GW Plastics assumes no responsibility to screen or review Content on the Website that is originated by parties other than GW Plastics, and that GW Plastics shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available on the Website. GW Plastics expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
4. OWNERSHIP OF CONTENT
Your use of the Website entitles GW Plastics to use, monitor and preserve copies of all information and Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of GW Plastics or any other person or entity.
5. CONDUCT ON THE WEBSITE
You must not do, or attempt to do, any of the following, as reasonably determined by GW Plastics, subject to applicable law: (1) access or use the Website in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (2) access, tamper with, or use services or areas of the Website that you are not authorized to access; (3) alter information on or obtained from the Website; (4) tamper with postings, registration information, submissions or Content belonging to GW Plastics or other users of the Website; (5) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (6) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by GW Plastics; (7) impersonate or misrepresent your affiliation with any person or entity; (8) reverse engineer any licensed software, application, games or any other aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code on the Website; (9) send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; or (10) take any action which might impose a significant burden (as determined by us) on the Website’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website.
6. NO RESALE
You shall use the Website and the products sold thereon solely for your own personal purposes and not to use or exploit any portion of the Website or the products for commercial purposes, without the prior written consent of GW Plastics.
7. SUBMISSION OF FEEDBACK
When you submit ideas, suggestions, documents, or proposals (collectively, “Feedback”) to GW Plastics through our “Contact Us” web page or otherwise, you represent, warrant and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, GW Plastics may use and disclose your Feedback in any way; and (c) GW Plastics has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
Our Website may contain links to third party websites. The linked websites are not part of the Website and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked website or any link contained in a linked website, or any changes or updates to such websites. We provide the links to you only as a convenience, and we do not endorse the linked website or its use or contents. You use the links at your own risk. You irrevocably waive any claim against us with respect to such websites.
You agree to indemnify and hold GW Plastics and its affiliates, and their officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (“Indemnified Persons”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against GW Plastics by any third party due to or arising out of or in connection with your Content, or your use of the Website or the products sold thereon, in violation of these Terms.
10. TRADEMARK INFORMATION
GW Plastics is a trademark of GW Plastics, Inc. Other product names, trademarks, service marks and other images on the Website are used with permission by GW Plastics and its agents. You agree not to use or display any trademarks from the Website without the prior written consent of GW Plastics or the owner of such mark.
11. COPYRIGHT INFORMATION
The Content is owned by GW Plastics and/or third parties and is protected under United States copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of GW Plastics. Modifications of Content or use of Content for any other purpose is a violation of the rights of GW Plastics or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of GW Plastics or third parties.
YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GW PLASTICS DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
13. LIMITATION OF LIABILITY
You expressly understand and agree that under no circumstances shall GW Plastics, its affiliates or their officers, directors, employees or agents be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation, damages for loss of profits, use, data, goodwill, or other intangibles arising out of your inability to use our Website or the information they contain. This limitation applies whether the alleged liability is based at law or in equity or whether on contract, tort, negligence, strict liability, or any other legal theory or basis even if GW Plastics has been advised of the possibility of such damages. If any of the above limitations are void or unenforceable under governing law, GW Plastics’ liability shall be limited to the fullest extent permitted by law.
14. JURISDICTION AND VENUE
You agree that this Agreement and the relationship between you and GW Plastics will be governed by the laws of the State of Vermont, without regard to the conflict of laws principles thereof, and that venue with respect to any dispute between you and GW Plastics will rest exclusively in the courts of the State of Vermont. You agree that the United Nations Convention on the International Sale of Goods will not apply to these Terms.
GW Plastics may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provide to GW Plastics.
16. ELECTRONIC COMMUNICATIONS
When you use the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms constitute the entire agreement between you and GW Plastics with respect to your use of the Website. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Website. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The failure of GW Plastics to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or these Terms must be filed within one year after such claim or cause of action arose.
Thanks for visiting our Website! We hope that your experience here is enjoyable and that you will return often. If there is anything further we can do to help you meet your injection molding needs, please let us know!
Effective March 2014.