GREMSY USA

Terms and Conditions of Sales

IMPORTANT - READ CAREFULLY: BY PURCHASING A GREMSY US PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This agreement is subject to change without notice, from time to time in our sole discretion. The terms (“Agreement”) govern the sale of Gremsy US goods (“Products”) between Gremsy USA LLC (“Gremsy”) and the Buyer (“Buyer”). This document acknowledges receipt of the Buyer’s order by Gremsy US, and confirms the sale of Product evidenced by the invoice as expressly conditioned on the Buyer’s acceptance of the terms and conditions set forth herein.

1. PRICES AND PAYMENT TERMS

Art 1. PRICES: All published prices are subject to change without notice. Written quotations shall expire fifteen (15) calendar days from the date of quotation unless withdrawn in writing sooner. Verbal quotations are provided for budgetary guidance only. Unless otherwise specifically stated, prices are in U.S. Dollars.

Art 2. TERMS OF PAYMENT:

  • Method of Payment: Payment may be made by wire transfer. All orders are payable in U.S. Dollars (USD).
  • Standard Payment Terms: All orders must be paid in full prior to shipment via wire transfer. Gremsy US has the right to refuse any order, even after accepting payment or partial payment. If rejected, Gremsy US will credit/refund the payment. Once notified that a product is allocated, Buyer must remit payment in full within five (05) business days, or the order will be canceled.
  • Deposit: On orders requiring a deposit, Buyer must make a deposit equal to the amount specified by Gremsy US. Reservation numbers and delivery estimates are provided at the sole discretion of Gremsy US.
  • Balance Payments: Buyer must pay the full remaining balance within five (05) business days of order confirmation. Failure to do so will result in cancellation and the product will be released back to open inventory.
  • Leasing: At this time, Gremsy US does not offer any leasing options. Gremsy US does not affiliate, authorize or support any entities offering leasing options for Gremsy US products and assumes no liability for such services.

2. DELIVERY AND ACCEPTANCE

Art 3. DELIVERY AND ACCEPTANCE: Unless otherwise provided in writing, all Product shipments shall be made Carriage Paid to Destination (CPT) from Gremsy US facility at 7425 Lampson Ave, Garden Grove, CA 92841, USA.

  • Risk of Loss: Title, risk of loss, or damage shall pass to the Buyer when the products are transferred to the carrier.
  • Import Responsibilities: Buyer shall be the importer of record. Licensing requirements for importation to non-US countries is the sole obligation of the Buyer.
  • Shipping Methods: In the absence of specific instructions, Gremsy US will ship by the method it deems most advantageous. Transportation charges will be collected prior to shipment.
  • Freight Forwarder: If Buyer opts to use their preferred freight forwarder, shipments will be made “ex works” (Incoterms 2020) from Gremsy US’s facility.
  • Acceptance Window: Acceptance of the Product by the Buyer shall occur no later than fourteen (14) days after receipt of Product. Product not rejected during this period shall be deemed accepted.

3. RESTRICTIONS ON USE

Art 4. RESTRICTIONS ON USE:

  • Buyer will not cause or permit the modification or reverse engineering of software, electronics, or sealed components of Gremsy US Product without express written consent.
  • Buyer will not develop or use non-Gremsy US approved products or software that plug into or directly affect the function or performance of Gremsy US Product.
  • Buyer will not provide repair services for Gremsy US Product without express written consent.
  • Buyer will not use Gremsy US’s trademarks (domain, keywords, etc.) without express written consent.

4. WARRANTY (Art 5)

Gremsy US warrants all products will be of good quality and workmanship and free from material defects.

Standard Warranty Periods:
Component Warranty Period
Gimbal Mechatronics12 months
Gimbal Controller Board12 months
Gimbal Motors12 months
Mechatronics Accessories3 months
Electrical Accessories3 months

Exclusive Battery Warranty: Gremsy US warrants that batteries will be free from defects in materials and workmanship at the date of purchase. Due to the nature of use, there is no term warranty.

WARRANTY LIMITATIONS & VOIDING:
  • Sealed Components: Removal or modification of sealed components (motors, electronics) voids any and all warranties. Breaking the seal is prohibited unless approved by Gremsy US.
  • Exclusions: Warranty does not cover products purchased through distribution systems (handled by Dealer), theft, exposure to weather, operator negligence, misuse, improper power supply, or use of third-party accessories.
  • Refurbished Parts: Gremsy US may use refurbished parts for repairs or replacements.

5. RETURNS AND EXPORTS (Art 6)

Art 6. RETURNS: Buyers must obtain a Return Authorization (“RA”) prior to the return of any Product.

  • Refund Policy: Product (except batteries) may only be returned for refund within fourteen (14) days of receipt, provided it is in as-new condition and passes QC.
  • Factory Seal: If the factory seal is broken, returns are not accepted unless specifically approved, subject to a 25% restocking fee.
  • Custom Engraving: Engraved products may be returned within 14 days (less deposit). If the seal is broken on an engraved product, it is subject to a 25% restocking fee plus the deposit amount.
  • Shipping Costs: Buyer is responsible for prepaid shipping costs to return Product. Product must be delivered to Gremsy US within ten (10) days of RA issuance.
  • Dangerous Goods (Batteries): If returning lithium-ion batteries, Buyer agrees to use a certified shipper of Dangerous Goods and indemnify Gremsy US for non-compliance.
Export and Re-Export Restrictions:

Buyer agrees to comply with all export restrictions of the US Dept of Commerce and other authorities. Buyer agrees not to transfer materials to prohibited countries (US embargoed countries) or to individuals on the US Treasury’s Specially Designated Nationals list, or Commerce Department’s Denied Persons/Entity Lists.

Compatibility Warning: Use of any software, parts, or products other than Gremsy US approved ones which plug into or directly affect the function voids all warranties.

6. LIABILITY AND LEGAL TERMS

Art 7. LIMITATION OF LIABILITY:

IN NO EVENT SHALL GREMSY US OR ITS LICENSORS BE LIABLE TO BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES... IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNTS PAID BY BUYER TO GREMSY US FOR PRODUCT IN THE LAST TWELVE (12) MONTHS.

Art 8. INDEMNIFICATION: Buyer shall indemnify, defend, and hold Gremsy US harmless from all claims arising from Buyer’s misuse of the product or breach of this Agreement.

Art 9. PROPRIETARY INFORMATION: Gremsy US retains all intellectual property rights. Software is licensed, not sold. Buyer shall not decompile or reverse engineer software.

Art 12. GOVERNING LAW: These Terms and Conditions are governed by the laws of the state of California, USA. You submit to the non-exclusive jurisdiction of the courts in California.

Art 13. FORCE MAJEURE: Gremsy US shall not be liable for delay or failure caused by acts of God, war, government intervention, embargoes, etc.

Art 16. ENTIRE AGREEMENT: These terms constitute the entire agreement between Buyer and Gremsy US. We reserve the right to update these terms at our sole discretion.

7. PRIVACY & CONTACT

Art 17. PRIVACY & SECURITY: Gremsy US may obtain information (name, email, phone) through account registration, orders, or newsletter subscriptions. This information is used to administer accounts and is kept confidential unless required by law enforcement.

Art 18. CHANGES TO POLICY: We reserve the right to modify this privacy policy at any time. Changes take effect immediately upon posting.

For further assistance, please fill out the contact form HERE or drop us a line at contact@gremsy.us.

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