Terms and Conditions

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Terms and Conditions

Applicability

These terms and conditions of use ("Terms of Use") apply to all visits to and all use of this website of ERIKS Seals and Plastics, Inc. ("ERIKS"), as well as to all Information, recommendations and/or services provided to you on or through this website (the "Information").

Information and Liability

The Information is for general Information purposes only and does not constitute advice. ERIKS shall not be liable for any damages resulting from the use (or inability to make use) of this website, including damages caused by viruses or any incorrectness or incompleteness of the Information, unless such damage is the result of any willful misconduct or gross negligence on part of ERIKS.

ERIKS shall further not be liable for damages resulting from the use of electronic means of communication, including – but not limited to – damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Financial Information

This website may include financial Information. This financial Information, including but not limited to share prices, is for general Information purposes only. ERIKS shall not be liable for damages resulting from any lack of continuous accuracy or correctness of such financial Information.

The publication of financial Information, including but not limited to annual reports or annual accounts, on this website does not constitute an official publication and is not binding. ERIKS will send you its official financial publications at your request by regular mail. Requests for financial publications can be directed to the contact form or Postbox 280, 1800 BK Alkmaar mentioning your name and postal address.

This website and the Information does not constitute an invitation or an offer to invest in any securities of ERIKS, including but not limited to any type of equity or debt instrument, in any way. Visitors of this website should not base their decision to invest or to trade in the securities of ERIKS on this website or the Information published on this website. Future developments and future results may deviate substantially from views, opinions or expectations that may be expressed on this website or in the Information published on this website.

Information of third parties

The Information originating from third parties constitutes an expression of the personal opinions of those third parties. ERIKS is not responsible and shall not be liable for such Information. (Hyper)links on this website may direct visitors to external websites which are maintained by third parties. ERIKS shall not be liable for the contents and the functioning of such external websites. ERIKS shall also not be liable for the quality of products or services which may be offered on such external websites.

Intellectual property

These rights include but are not limited to all copyrights, rights to the trade names, word trademarks, pictorial trademarks and logos of ERIKS.

Users are permitted to read this website and the Information and make copies for their own personal use, for example by printing or storing. All other use of the website or of the Information, for example the storage or reproduction of (a part of) the website of ERIKS in any external internet site or the creation of links, hypertext links or deeplinks between the website of ERIKS and any other internet site, is prohibited without the express written consent of ERIKS.

Unsolicited ideas

In the event that you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, Information or otherwise (the "Materials") on this website or send such Materials to ERIKS by e-mail or otherwise, ERIKS shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge. ERIKS shall not be bound by any confidentiality obligation in respect of such Materials.

You hereby indemnify and hold ERIKS harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by ERIKS as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

Severability

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part be provisions that are valid and have legal effect that correspond with those of such void part as much as possible, taking into account the content and the purport of these Terms of Use.

Applicable law and jurisdiction

These Terms of Use shall be exclusively governed by Dutch law. All disputes arising in connection with these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of the district of Amsterdam in The Netherlands.

Privacy and Cookie Policy

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Privacy and Cookie Policy

General

ERIKS Group N.V. ("ERIKS") is the controller of the processing of all personal data collected through this website (the "Website").

ERIKS respects your privacy and complies with the provisions of the Dutch Act on the Processing of Personal Data ("APPD").

This Privacy and Cookie Policy (the "Policy") provides information regarding the processing of personal data collected through the Website, as well as the rights to access and correction of such personal data.

Personal data

ERIKS processes personal data that it collects through the Website. The personal data that ERIKS collects includes all information that you enter on forms on the Website. On such forms, you may submit your name, address, postal code, city, phone number and e-mail address to ERIKS.

Visitors of the Website under the age of 16 may only submit personal data by means of the Website to ERIKS, if such visitors have obtained consent of their legal representatives, which have taken notice of this Policy.

Purposes and transfer to third parties

ERIKS uses your personal data to answer your questions and to send information to you regarding any current or future activities of ERIKS. If legally required, ERIKS will obtain your permission, before sending you such information.

ERIKS may transfer your personal data to its group companies. ERIKS may also provide your personal data to third parties, which will process your personal data according to instructions of ERIKS and under the responsibility of ERIKS. ERIKS will not provide your personal data to any other third parties, unless there is a legal obligation to do so.

Cookies

This Website makes use of so-called "cookies". Cookies are small text files that the Website stores locally on your computer. The Website uses cookies to recognize you if you visit the Website. By doing so, ERIKS is able to improve user-friendliness of the Website and to adjust the Website to your needs.

By changing settings in your web browser, you can establish that you will be given notice if a cookie is stored on your computer. By changing settings, you can also establish that your browser does not accept cookies from this Website. However, if your browser does not accept cookies from this Website, you may not be able to access or use all features of this Website.

Security

The transfer, storage and processing of personal data collected through this Website is secured by means of current, usual technical measures.

Retention period

In general, ERIKS will not retain the personal data that is obtained through this Website for a period longer than two years.

Access, correction and removal

You can request ERIKS to provide access to the personal data it has collected about you at any time. You can also request ERIKS to correct or to delete such personal data. You can send requests for access, correction or removal of your personal data to the contact form , mentioning your name and postal address.

Offer of Sale

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Offer of Sale

All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Sellers products are subject to and shall be governed exclusively by the terms and conditions stated herein. Buyer's acceptance of any offer to sell is limited to these terms and conditions. Any terms and conditions in addition to, or inconsistent with those stated herein proposed by Buyer in any acceptance of an offer by Seller are hereby objected to. No such additional or different terms and conditions shall become part of the contract between Buyer and Seller unless expressly accepted in writing by Seller. Seller's acceptance of any offer to purchase by Buyer is expressly conditioned upon buyer's assent to all the terms and conditions stated herein, including any terms in addition to, or inconsistent with those contained in Buyer's offer. Acceptance of Seller's products shall in all events constitute acceptance.

Prices

All quotations by Seller are made subject to acceptance and conditions set forth in this document. All prices quoted are subject to acceptance for a period of thirty (30) days only and may be revoked during this period prior to Buyer's acceptance. Any orders placed with open pricing terms will have pricing applied which is reasonable and customary to the industry. All catalog prices are subject to change without notice.

Payment

Payment shall be made within 30 days of the date of the invoice for the items shipped. Any special payment terms must be agreed upon in writing by the Seller. Any claims by Buyer for omissions, shortages, shipment discrepancies or claims shall be deemed waived unless the Seller receives notice hereof within thirty (30) days of Buyer's receipt of the shipment.

Credit Terms

In consideration of credit the Buyer acknowledges that accounts are considered due on the 30th day following date of shipment and agrees to pay interest at the rate of 1 ½% per month (18% per year) on balances not paid before the 31st day following shipment. Should suit or action be instituted in collection of Buyers debt, Buyer hereby agrees to pay costs of collection and/or suit, including but not limited to, reasonable attorney fees and costs of special counsel together with costs and disbursements incurred. Buyer acknowledges these credit terms and agrees that all terms of this agreement shall be binding upon Buyer as long as credit is extended to Buyer.

Returns

Returned goods or shortage claims must be made within thirty (30) days of receipt by Buyer. No returns or claims will be honored for credit without the proper approval of Seller.

Delivery

Unless otherwise provided on the face hereof, delivery shall be m ade F.O.B. Sellers plant, however, risk of loss shall pass to Buyer on Seller's delivery to carrier. Any delivery dates or schedules will be deemed to have been met on delivery to carrier and Seller shall have no liability for any delays in transportation.

Warranty

Eriks companies guarantee their products to be free from defects in materials and workmanship for a period of thirty (30) days. This warranty comprises the sole and entire warranty pertaining to items provided hereunder. Seller makes no other warranty, guarantee, or representation of any kind whatsoever. All other warranties, including, but not limited to, merchantability, and fitness for purpose whether express or implied, or arising by operation of law, trade usage, or course of dealing are hereby disclaimed. Notwithstanding the foregoing, there are no warranties whatsoever on items built or acquired wholly or partially, to buyer's designs or specifications.

Limitation of Remedy

Seller's liability arising from or in any way connected with the items sold or this contract shall be limited exclusively to repair or replacement of the items sold or refund of the purchase price paid by Buyer, at Seller's sole option. In no event shall Seller be liable for incidental or consequential or special damages of any kind or nature, including but not limited to lost profits arising from or in any way connected with this agreement or items sold hereunder.

Changes or cancellation

Buyer may request to modify the designs or specifications as well as delivery dates and quantities for the Buyer's convenience, however no such request or cancellation shall become part of the contract between Buyer and Seller unless accepted by Seller in a written amendment to the agreement. Acceptance of any such requested modification or cancellation shall be at the Seller's discretion, and shall be upon such terms and conditions as Seller may require. Special tooling A Non-recurring set-up charge or tooling charge may be imposed for any special tooling, including without limitation, dies, fixtures, molds and patterns acquired to manufacture items sold subsequent to this contract. Such special tooling shall be and remain Sellers property notwithstanding payment of any charges therefore by buyer unless otherwise agreed to on the face hereof. Payment of charges in connection with tooling or apparatus does not constitute ownership of same. All charges in connection with this contract will be imposed only with the knowledge and acceptance of Buyer. Seller shall have the right to alter, discard or otherwise dispose of any special tooling or other property at its sole discretion at any time.

Taxes

Unless otherwise indicated on the face hereof, all prices and char ges are exclusive of excise, sales, use, property, occupational or like taxes which may be imposed by any taxing authority upon the manufacture, sale or delivery of the items sold hereunder. If any such taxes must be paid by Seller or if Seller is liable for the collection of such tax, the amount thereunder shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse Seller therefore upon receipt of its invoice. If buyer claims exemption from any sales, use or other tax imposed by the taxing authority, Buyer shall hold Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable. Seller shall require proof of tax exempt status from Buyer at time of sale.

Indemnification

Seller shall have no liability for infringement of any patents, trademarks, copyrights, trade secrets or similar rights. Seller agrees to hold confidential, any designs, drawings, patterns, materials or other confidential information furnished by Buyer or any other items which become Buyer's property. It is the responsibility of the Buyer to protect Seller from infringement claims, subsequently, Seller shall have no liability for claims of infringement based on information provided by Buyer for manufacture or distribution of items provided hereunder resulting in infringement. If a claims is based on information provided by Buyer or if the design for an item delivered hereunder is specfied in whole or in part by Buyer, Buyer shall defend and indemnify Seller for all costs, expenses or judgments resulting from any claim that such item infringes any patent, trademark, copyright, trade secret of similar right.

Force Majeure

Buyer or Seller may cancel or modify this agreement or performance hereunder due to unforeseeable circumstances, or if performance is rendered impossible or impracticle. Seller shall not be liable for delays or defaults in delivery due to fire, an act of god, labor disputes, governmental order or regulation or other unforseeable causes beyond its control and without its fault or negligence.

Entire agreement

The terms and conditions set forth herein, together with any amendments, modifications and additional terms and conditions expressly accepted by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto. This agreement shall be governed by and construed in accordance with the laws and decisions of the jurisdiction in which the office of the Seller from which this agreement originated is located as indicated on the front side of this document.

Purchase Order Terms

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Purchase Order Terms

Acceptance

This purchase order is an offer to purchase goods and/or services as set forth on the face hereof. Any of the following acts by Seller shall constitute acceptance of this order: delivery of any of the goods ordered: commencement of performance: or expressly acknowledging the terms set forth on the face hereof. Any additional or different terms or conditions otherwise communicated by Seller in accepting this order, shall be deemed to be a material alteration of this order and is hereby objected to by Buyer unless specifically agreed to in a writing signed by Buyer. Acceptance of goods or services covered by this order will not constitute acceptance by Buyer of Seller's terms and conditions to the extent this order is in any way deemed to be an acceptance of a quotation or other offer by Seller. Any such acceptance is expressly conditional upon the consent of the Seller to the terms and conditions of this order.

Price and Delivery

Seller shall furnish the goods or services covered by this order in accordance with the prices and delivery schedule stated on the face of this order. Any changes in price or delivery terms must be approved in writing by authorized representative of Buyer. Time is of the essence under this agreement. Seller shall promptly advise Buyer of any inability to make timely shipment. If Seller does not, or it appears will not, meet buyer's delivery or work schedule, Buyer may, in addition to any other rights or remedies provided by law: (a) cancel this Agreement, in whole or in part, without liability to Buyer except for payment for goods previously shipped and accepted or services previously performed to the extent reasonable in amount; (b) approve an agreed upon revised delivery schedule; or (c) require that Seller ship via expedited routing to meet such delivery schedule or to recover lost time. Any additional transportation costs incurred as a result of expedited delivery shall be paid by Seller. Buyer may return, at Seller's expense, any goods delivered more than thirty (30) days in advance of the delivery date specified for such goods. No change in the goods or services ordered under this Agreement, or their method of production, including substitutions or changes in materials, equipment, processing or production location shall be made by Seller, or any approved subcontractor, without the prior written consent of Buyer.

Over Shipments

Over shipments to ten percent (10%) may be accepted by buyer upon the terms and conditions set forth herein. Goods which are delivered in excess of this amount are subject to rejection and return at Sellers expense.

Packing and Shipping

No charge shall be made by Seller for packing, handling or storage. An itemized packing list shall accompany each shipment. All parts are to be marked with Buyer's purchase order number, part number, qty, batch and cure where applicable. Buyer has the right to specify carrier and routing.

F.O.B. Title and Risk of Loss

Unless otherwise specified on the face of this order, the F.O.B. point shall be Buyer's location. All risk of loss, damage in transit or specified of loss or damage to the Goods and title shall not shift to buyer until delivery of the Goods to the carrier.

Payment Terms

Payment for goods ordered or services to be performed shall be as set forth in this Agreement unless otherwise agreed to in writing by Buyer. For purposes of determining Buyer's eligibility to earn any prompt payment discounts specified, the period during which the applicable discount may be earned and a discounted payment made shall be computed from such date of delivery and/or acceptance of goods/services whichever is later. Buyer will make payments based on Purchase Order pricing as agreed to by performance of Seller. Payments by Buyer are not made in accordance with invoice from Seller.

Inspection

Final inspection and acceptance by Buyer shall be at destination unless otherwise specified in this order. Such inspection shall be in accordance with the customary established inspection procedures of the location of buyer where the Goods are received. If rejection of a shipment would result from buyer's normal inspection level under such procedures, Buyer may, at its option conduct an above normal level of inspection up to 100% and charge the Seller the reasonable costs thereof. Buyer reserves the right, in addition to any other rights which it may have at law and notwithstanding prior payment therefore to Seller, to reject or refuse acceptance of all or a portion of such goods or services which are not in conformity with Seller's warranties, as determined by Buyer. Seller agrees that time for acceptance or rejection of any shipment of goods shall not expire until Buyer's sale of goods pass through inspection and acceptance of buyer's customers established inspection procedures.

Rejection

Buyer shall have the right to return to Seller all or a portion of such non-conforming goods at Seller's sole risk and expense for full credit or refund, or require that Seller, correct or replace such goods or services with conforming goods or services within such time as Buyer may require only after written authorization from Buyer. If Seller fails to correct or replace any nonconforming goods or services promptly after notification and authorization from Buyer, Buyer may charge Seller for the cost incurred by Buyer thereby, equitably adjust the order price for such goods or services or set-off the cost hereunder, at the sole discretion of buyer. Any goods or services corrected, replaced or repaired by Seller shall be subject to the warranties and other terms of this Agreement. Payment for any goods or services hereunder shall not be deemed acceptance thereof. Buyer's failure to inspect and accept or reject goods or services shall not relieve Seller from responsibility for goods which are not in conformance with this Agreement nor for latent defects in any goods whether inspected or not, nor shall anything herein relieve Seller from obligation to inspect and test the goods or services covered by this Agreement in accordance with good commercial practices and Buyer's requirements and specifications, nor impose any liability upon buyer for such failure or defects. Seller shall maintain inspection and test records pertaining to such goods and services for a period of five (5) years after delivery of such goods and services.

Warranties

In addition to all other express or implied warranties, Seller warrants that the Goods will be (a) free from defects in workmanship and materials; (b) free from defects in design except to the extent that such Goods comply with the detailed designs provided by Buyer; (c) suitable for the purposes, if any, which are implied or stated on the face of this order; and (d) in conformity with all the other requirements of this order. These warranties and all other warranties, express or implied, shall survive delivery, inspection, acceptance, and payment. Warranty shall extend one year from delivery and acceptance of Goods by buyers' customer.

Materials and Tools

If Buyer pays for or furnishes Seller material or equipment, tools, dies, jigs etc., title thereto shall remain or vest in Buyer and Seller shall label, identify, maintain, and preserve such material and equipment and shall dispose of it only in accordance with buyer's direction. Unless authorized in writing by Buyer, Seller shall use such material or equipment exclusively in the performance of purchase orders for Buyer. Seller shall be responsible for any loss, damage, or destruction to same.

Compliance with Laws

Seller agrees to comply with all federal, state and local laws, regulations and orders, and to defend, hold harmless and indemnify Buyer rules orders identified necessary Buyer, its customers, and regulatory agencies to determine and verify the quality of work, records, and material at any place at the subcontractor's premises.

Indemnification and Adequate Insurance

Seller shall defend, indemnify and hold Buyer entirely harmless from all damages to property or person, including death, resulting from defects in the supplies or services purchased under this Agreement. Seller will maintain public liability and product liability insurance in adequate amounts fully to indemnify Buyer and shall, upon Buyer's request, provide certificates of insurance evidencing Seller's insurance.

Changes

Buyer may, at any time, by written change order, suspend performance of this order, in whole or in part, make changes in the drawings, designs, specifications, method of shipment or packing, or time or place of delivery of the Goods, reschedule the services, or require additional or diminished Services. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this order, an equitable adjustment shall be made in the contract price or delivery dates or both, and this order shall be modified in writing accordingly. Any claim for adjustment under this section may, at Buyer's option be deemed to be absolutely and unconditionally waived unless asserted in writing and delivered to Buyer within thirty (30) days from the date of receipt by Seller of the change order. Buyer's engineering/technical or other personnel are not authorized to change the Goods or Services ordered or any other provision of this order. No change order will be binding on Buyer unless issued by an authorized representative of Buyer's purchasing office.

Complete Agreement

This order, and any supplemental sheets and riders annexed hereto by Buyer, contains the complete and entire agreement between the parties as to the subject matter hereof, and replaces and supersedes and prior or contemporaneous communications, representations, or agreements, weather oral or written, with respect to such subject matter.