Effective Date: June 10, 2014
1. Parties. The parties to these Terms of Use are you, and the owner of the WIKA.com, WIKA.us, and WIKA Customer Portal websites, WIKA Instrument, LP and WIKA Process Solutions, LP ("WIKA"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website and WIKA.
2. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
3. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.
5. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
6. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
7. Warranty Disclaimers; Limitation of Liability. WIKA MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WIKA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLETENESS, TIMELINESS, CORRECTNESS, AND ACCURACY. WIKA DOES WARRANT THAT THIS SITE, ITS SERVICES, CONTENT, AND MATERIALS: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WIKA SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER WIKA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND ITS SERVICES, CONTENT OR MATERIALS, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PARTY OF YOUR RIGHT TO VISIT THIS SITE.
8. Disclaimer For FAST ™ Plant Instrument Audit Program.
WIKA's FAST plant instrument audit program is a complimentary service intended to assist the customer with instrument performance evaluation, and no warranty is intended nor given. WIKA AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE INSTRUMENT AUDIT AND ANY RECOMMENDATIONS PROVIDED IN THE AUDIT, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, ACCURACY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE INSTRUMENT AUDIT. NO USE OR RELIANCE OF THE INSTRUMENT AUDIT IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WIKA SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR RELIANCE ON THE FAST INSTRUMENT AUDIT. IF ANY DISCLAIMERS, EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE ARE RULED INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN WIKA'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON, INCLUDING YOU, SHALL BE LIMITED TO THE LESS OF THAT PERSON'S COST FOR HAVING THE INSTRUMENT AUDIT DONE OR U.S. $100,000. THE INSTRUMENT AUDIT SHALL NOT OPERATE AS A WAIVER BY WIKA OF ANY OBLIGATION OF CUSTOMER UNDER A SEPARATE AGREEMENT.
The results, comments and conclusions provided by WIKA in connection with any audit report are WIKA's opinion based on facts and information disclosed to WIKA by you. WIKA is not responsible for verifying these facts and/or information and assumes no liability for the truth or falsity of facts and/or information disclosed by you. Any reliance by you on the opinions expressed herein is solely at your own risk.
Comments and conclusions provided by WIKA in connection with any audit report are not an endorsement or disparagement of any particular product, service or manufacturer identified in the audit. Unless otherwise noted in the audit report, the audit and its contents, including all opinions, trademarks and proprietary information, are the property of WIKA, and may not be shared, excerpted, modified or republished without WIKA's express permission.
FAST Instrument Audits are conducted in “As-Run” condition, meaning there is no control over the known specific operating real time conditions. The review is a visual observation and the results at the time of the review may be different from those of a normal operating mode, or special circumstances that may randomly occur in the process and therefore, may not be witnessed. The process may not be running at time of observation and no data therefore realized.
9. Terms And Conditions of Sale; Return Material Authorization. For information regarding WIKA products purchase terms, please see Terms and Conditions of Sale and Return Material Authorization for WIKA Instrument, LP
10. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
11. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.
12. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
13. California Transparency in Supply Chains Act of 2010.
WIKA supports the goals of the California Transparency in Supply Chains Act of 2010 and strongly condemns any form of forced labor, slavery and human trafficking. WIKA communicates our policy of zero tolerance for any form of forced labor, slavery or human trafficking in our supply chains. These actions include the following:
13.1 Verification. Most of WIKA’s supply chains are WIKA’s affiliated entities worldwide. WIKA has communicated with the applicable affiliated entities regarding WIKA’s policy of condemning any form of forced labor, slavery and human trafficking.
13.2 Auditing. WIKA does not audit it’s supply chains consisting of affiliated entities. Instead, WIKA has communicated with the applicable affiliated entities regarding WIKA’s policy of condemning any form of forced labor, slavery or human trafficking.
13.3 Certification. WIKA has requested its affiliated entity suppliers worldwide to comply with the laws regarding forced labor, slavery and human trafficking.
13.4 Internal Accountability. WIKA is committed to responsible and ethical conduct in the workplace. Our business practices have been governed by honesty, fair dealing, integrity and full compliance with applicable laws and regulations. WIKA requires all of our employees to adhere to our Integrity Policy, which requires compliance with all laws and regulations, including laws regarding forced labor, slavery and human trafficking. Employees who violate the Integrity Policy may be subject to disciplinary action up to and including termination of their employment.
13.5 Training. WIKA conducts employee training regarding slavery and human trafficking to those who have direct responsibility for supply chain management.
14. Jurisdiction And Venue. The courts of Fulton County in the State of Georgia, USA and the U.S. District Court for the Northern District of Georgia, Atlanta Division shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
15. Controlling Law. This Agreement shall be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
16. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
17. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
18. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
19. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
20. Contact Us. If you have any questions regarding these Terms of Use, please contact us at:
WIKA Instrument, LP
Attn: CFO
1000 Wiegand Boulevard,
Lawrenceville, GA 30043
E-mail: webmaster@wika.com
Phone: 770-513-8200
Gayesco-WIKA USA, LP
Attn: CFO
229 Beltway Green Boulevard
Pasadena, TX 77503
E-mail: webmaster@wika.com
Phone: 713-475-0022
Fax: 713-475-0011
Material Modifications Since June 10, 2014: none.
The existing legal disclosures and disclaimers were amended and restated effective June 10, 2014. Material modifications include: new and revised information regarding use restrictions, modifications, monitoring, warranty disclaimers and limitations of liability, links to this site and to others, California Transparency in Supply Chains Act of 2010, jurisdiction and venue, controlling law, and force majeure.
