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HOMAPAL GmbH

Bahnhofstraße 30/32
D-37412 Herzberg am Harz

t:+49 (0) 5521 856 - 0
f:+49 (0) 5521 856 - 20
m:info(at)homapal.de

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General Terms and Conditions

Disclaimer

These terms and conditions govern your use of any and all information made available to you in any form whatsoever by HOMAPAL GmbH and its group companies (hereinafter: the "Information" and Homapal and its group companies, hereinafter collectively “Homapal”).

The Information is solely indicative and exclusively intended for general informational purposes. No rights can be derived from the information provided; the use of the information is at your risk and responsibility. This document does not guarantee any properties of HOMAPAL®’s products except where this is explicitly and specifically stated otherwise. Homapal does not warrant that the Information in any document is suitable for the purpose for which you consult it. Homapal does not warrant and accepts no responsibility for the accuracy and/or completeness of the Information.

Any recommendation in the Information serves as a general guide to good practice only. The Information constitutes no form of warranty or representation as to fitness for purpose in respect of the products and processes described in it. Any information or products contained within this document must be verified and tested for suitability by the user for his or hers particular purpose or specific application. Consideration needs to be given to local or specific circumstances. The content of this document reflects our knowledge and experience at the time of publication.

The Information is not intended as any recommendation, any design, estimate or other warranty or representation that you may rely on. You must have a professional adviser inform you about (the suitability of) the Homapal products for all desired applications and about compliance with design requirements, applicable codes, laws and regulations, and test standards. Please check local and national codes and design requirements for proper use. Homapal will not accept any liability in relation to your use.

Colours used in Homapal’s communications (including but not limited to printed matter) and in samples of Homapal’s products may differ from the colours of the Homapal products to be supplied. Samples are not intended for use in product tests and are not representative of characteristics of the Homapal products. Homapal’s products and samples are produced within the specified colour tolerances and the colours (of production batches) may differ, even if the same colour is used. The viewing angle also influences the colour perception. Metallics panels feature a surface whose colour appears to change based on the direction from which it is viewed. The specified colour stability and colour specifications relate only to the decorative surface of the Homapal products, not to the core material and samples of the Homapal products.

The most recent version of the delivery program and the Material Property Datasheet can be found at homapal.info. Only the information in the most recent and valid Material Property Datasheet should be used to select and provide advice regarding Homapal products. Homapal reserves the right to change (the specifications for) its products without prior notice.

You are entitled to use the Information, such as documents, photographs, drawings, illustrations and other content subject to the following conditions: you may consult the Information and make copies of the Information for own use, for example by printing or storing the Information. Each and every use of the Information is permitted exclusively in relation to the sale and/or purchase of Homapal products. The Information may not be modified or changed in any way whatsoever. Illustrations in the Information may not be used without the accompanying text. In addition, the Information may not be used in any way that is in breach of Homapal’s intellectual property rights or in breach of the Homapal’s terms of use. You are explicitly responsible for always using the most recent Information. Thus, if you use the Information, you must regularly check to ensure that the Information used still corresponds to the latest information on the homapal.info Website. Any other use of the Website and/or of the Information, including distribution, reproduction, modification, publication, storage in an automated data file or the dispatch of such a file without Homapal’s prior written consent is explicitly prohibited.

Homapal is not liable (neither contractual nor non-contractual) for any damage arising from or related to the use of the Information, including the inaccuracy and/or incompleteness of the Information. These limitations do not apply in case such damage is the result of intent or gross negligence on the part of Homapal and/or its management.

All oral and written statements, offers, quotations, sales, supplies, deliveries and/or agreements and all related activities of HOMAPAL GmbH are governed by HOMAPAL GmbH’s General Terms and Conditions which can be found and downloaded from the website www.homapal.com.

A copy of these general conditions of sale will be provided free of charge on request. All general terms and conditions other than the conditions mentioned above are explicitly dismissed and do not apply, regardless of whether such terms and conditions are referred to on requests for offers, offer confirmations, stationery and/or other documents of the other party.

You indemnify Homapal, its employees, representatives, licensees and trade partners against all damages and costs, including the costs for legal assistance, accountants and other external advisers, suffered or incurred by Homapal regarding third-party claims to the effect that your use of the Information is in breach of any statutory rule or infringes (intellectual) (property) rights of third parties or is otherwise unlawful towards a third party.

In the event that part of these terms is or becomes invalid, Homapal and you will continue to be bound by the remaining parts. Homapal will replace the invalid part by clauses that are valid and whose legal consequences, in view of the content and purpose of these terms, correspond as much as possible to the invalidated part.

These terms are governed exclusively by Italian law. Any claim or dispute related to the use of the Website and/or the content of these Terms of Use, including disputes regarding the existence and validity of these terms, will be submitted exclusively to the competent court in the capital city of such selling entity’s country. Applicability of the Vienna Sales Convention is excluded.