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Terms and Conditions

Terms and Conditions

Access to and use of the OriginAir website is subject to these terms and conditions (the “Terms and Conditions”). BY LOGGING INTO OR USING THE WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. If you do not accept these Terms and Conditions, you must not use the Website. These Terms and Conditions shall prevail over any additional or conflicting written or oral term unless such additional or conflicting term is agreed upon in writing and signed by a duly authorized sales officer of our company you are dealing with. 

 

1. Definitions. For purposes of these Terms and Conditions, the following definitions shall apply: (a) 'OriginAir', 'we', 'us', or 'our' means the legal entity that (i) provides one or more User Names or Passwords to User for access to the Website; (ii) posts Website content, information, or data that is accessible to User through one or more User Names or Passwords; and/or (iii) shows information on  products to User in connection with User’s placement of a request for quotation through the Website; (b) 'User' or 'you' means any person, entity or organization that accesses the Website or any part thereof; (c) 'Website' means all interfaces, functionality, code, materials, files, graphics, images, information, data, and other content directly associated with the website that is located at https://originair.atlascopco.com . No third-party website or content therein shall be considered part of the Website. 

 

2. Responsibility or Liability for Website Content or Acts or Omissions. The Atlas Copco Group consists of a number of legal entities, each responsible for its own business and products. The content, information, and data in the Website are posted by various such legal entities. User accepts that responsibility and liability for any specific Website content, information, or data, or any act or omission, shall be limited to the legal entity that posted such specific content, information, or data on the Website, or directly engaged in such specific act or omission. Without in any way limiting the generality of the foregoing, no legal entity that provides, leases, or subscribes to any servers or web-hosting service, registers or owns any domain name, and/or provides technical support or administrative services to any other legal entity in connection with the Website shall by reason of any such act be responsible or liable for any content, information, or data in the Website or for any other legal entity’s acts or omissions. 

 

3. No supply of products through the Website. No supply of products shall take place through the Website. The User can apply for a quotation through the Website, upon which we will submit such quotation to you. In such quotation, you will also find the further terms and conditions that would govern the actual purchase of any product by you. Our products are not offered to consumers. When submitting request for quotation, the User will have to state, among other details, its VAT number or, if that is not applicable in the relevant jurisdiction, any other company identification number. The responsibility of submitting the correct User information, lies solely with the User and in no event can we be held liable for any damages or costs resulting from incorrect information provided by the User.

 

4. Trade compliances. By placing a request you certify that the products will not be used for any purpose connected with chemical, biological or nuclear weapons, or missiles capable of delivering such weapons, nor any other purpose prohibited by applicable law. You also confirm that the items ordered will not be sold or transferred, directly or indirectly, to Iran, North Korea, Syria, Russia, Belarus, Crimea or any contested region of Ukraine or Russia. Furthermore, you certify that you will comply with applicable local and international foreign trade and customs requirements or any embargos or other trade sanctions. You will immediately notify us in writing of any breach of this statement. We shall not be obligated to fulfill a binding Order or agreement or any part thereof or related to it, nor will we be liable for its non-fulfillment, if such fulfillment is prevented by any impediments arising out of applicable local and/or international foreign trade and customs requirements or any embargos or other sanctions. We shall have the right to terminate a binding Order or agreement or any part thereof or related to it, with immediate effect and without prior notice, if fulfillment is prevented by any impediments arising out of applicable local or international foreign trade and customs requirements or any embargos or other sanctions. The User shall indemnify us for any direct or indirect damages arising in consequence of any breach of this statement.

 

5. Product Availability and Pricing. Although we attempt to accurately state availability and other information on the Website, the Website could contain typographical errors and incorrect information regarding availability or other data. Products and/or services listed on the Website may not be available. Availability of information, materials, products and/or services is subject to change without notice. OriginAir reserves the right to impose a maximum number of products to be quoted for by one User over one or more quotations.

 

6. Disclaimer of Warranty; Limitation of Liability. WE PROVIDE ACCESS TO AND USE OF THE WEBSITE 'AS IS' AND 'AS AVAILABLE' WITH NO WARRANTIES OR REPRESENTATIONS WHATSOEVER, INCLUDING BUT NOT LIMITED TO RELIABILITY, FUNCTIONALITY, UPTIME, NON-INFRINGEMENT, OR SECURITY OF THE WEBSITE, OR ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE SPECIFICATION, AVAILABILITY, AND OTHER DATA. USER ASSUMES TOTAL RESPONSIBILITY AND ALL RISK FOR ACCESS TO OR USE OF THE WEBSITE. ORIGINAIR DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY OPINIONS, STATEMENTS, SERVICES, OR OTHER INFORMATION CONTAINED IN THE WEBSITE. ORIGINAIR MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER ABOUT ANY THIRD PARTY’S WEBSITE WHICH MAY BE ACCESSIBLE VIA LINKS THROUGH THE WEBSITE. ANY SUCH LINK IS PROVIDED FOR CONVENIENCE ONLY. IN NO EVENT SHALL ANY ATLAS COPCO LEGAL ENTITY OR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, OR AFFILIATES HAVE ANY LIABILITY TO USER OR ANY THIRD PARTY FOR ANY BUSINESS INTERRUPTION OR LOSS OF USE, DATA, PRODUCTION, PROFITS, OR CONTRACTS, OR FOR ANY OTHER CONSEQUENTIAL, INCIDENTAL, OR INDIRECT LOSS OR DAMAGE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

 

7. Modification of these Terms and Conditions. OriginAir may at any time modify these Terms and Conditions. User’s access to or use of the Website constitutes acceptance of such modified Terms and Conditions. 

 

8. Modification of the Website. OriginAir may at any time temporarily or permanently update, modify, change, or terminate any or all functions, content, information, data or any other aspects of the Website.

 

9. Allowable Use of the Website / Indemnification for Violation of Law. User’s access to and use of the Website is allowed only in connection with User’s ordinary course of business in accordance with these Terms and Conditions and applicable local, national, and international laws and regulations ('Applicable Law'). Any other use is prohibited. If access to or use of the Website by User violates or infringes any Applicable Law, User is not authorized to access or use the Website and must exit immediately. User’s access to or use of the Website constitutes User’s representation that User’s access and use of the Website does not violate any Applicable Law, and OriginAir may rely upon such representation. If any Atlas Copco legal entity incurs any loss, damage, expense, liability, or fee, including reasonable attorney fees (collectively 'Loss') as a result of any violation of Applicable Law by User, User shall indemnify such legal entity for any such Loss to the extent caused by User. 

 

10. Personally Identifiable Information. If User provides any personally identifiable information (including but not limited to name, email address, etc.) to OriginAir in connection with access to or use of the Website, User consents to OriginAir's transfer of such information to other countries, including within or outside of the European Economic Area. Please see Privacy Policy for additional information. Acceptance of the present terms and conditions will also include acceptance of the Privacy Policy as can be found on https://originair.atlascopco.com/privacy-policy .

 

11. Arbitration and Applicable Law. Unless agreed in writing by the parties, any dispute arising in connection with these Terms and Conditions or the Website shall be arbitrated in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said rules. The arbitration shall take place in Antwerp, Belgium, and such Belgum’s substantive law shall be applied. 

 

12. Miscellaneous. If any term in these Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The headings in these Terms and Conditions have been inserted solely for convenience of reference, and shall not be considered in interpreting these Terms and Conditions.