Terms and Conditions

Disclaimers:
All the information on this website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information on our website is strictly at your own risk. And we will not be liable for any losses and damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.

Website Terms of Use:
Welcome to GasQuip . By continuing to use and browse our site you understand and accept to comply with the following Terms and Conditions. These Terms and Conditions along with our Privacy Statement govern the relationship between the visitor (“You”) and GasQuip  (“GASQUIP”, “we”, “us”).

Terms and Conditions:
The content found within our website is for your general information only. We reserve the right to change it without notice.

GASQUIP does not provide any guarantee of the accuracy or otherwise suitability of the content provided on our website for any particular use or purpose. You understand that the content found on our website may contain errors and we expressly exclude liability for any applicable inaccuracies. If you must make use of information found in our website, you understand that you may do so at your own risk and GASQUIP will not be liable.

Partial or entire reproduction of our website without our expressed written permission is hereby prohibited.

On occasion, we will include a number of external links to websites that we believe are related to certain topics covered throughout our website. These links are provided for your information and convenience but we do not guarantee the accuracy or otherwise suitability of information found within any of these links. We do not endorse these linked sites nor claim credit on any of their content. You may visit these sites at your own risk.

Any disputes or issues derived from your use of our website are subject to the United States and State of Texas corresponding Laws.

Visitors of our website are deemed to have understood and accepted our Terms of Use. Otherwise, GASQUIP asks visitors who don’t agree with our Terms of Use to kindly leave the site and at their discretion, to check us out from time to time for any changes that may be satisfactory to their requirements.

We hope you have a good experience while at our site and thank you for your visit!

General Conditions of Use
These terms and conditions, together with any additional terms, conditions, notices and disclaimers displayed elsewhere on the GasQuip LLC (GasQuip) Network (“Conditions”) govern your use of and access to the GASQUIP Network.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the GASQUIP Network. Your subsequent or continued use of the GASQUIP Network will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the GASQUIP Network.

These terms and conditions of use were last updated on 10 August 2010.

The GASQUIP Network
While we use reasonable endeavors to ensure that the GASQUIP Network is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the GASQUIP Network may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the GASQUIP Network at any time.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the GASQUIP Network at any time without providing notice to you.

Membership
To access or use certain parts of the GASQUIP Network, you may need to register as a member of the GASQUIP Network and/or a particular website that forms part of the GASQUIP Network. Generally, registration is free.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

You must not register as a member multiple times.

You must not impersonate or create a membership for any person other than yourself.

We may at any time request a form of identification to verify your identity.

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorized use of your credit card). You must notify us immediately if you become aware of any unauthorized use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the GASQUIP Network, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

Your conduct
You must not:

(a) use the GASQUIP Network in breach of any applicable laws or regulations;

(b) use the GASQUIP Network (or Material obtained from the GASQUIP Network):

  • to transmit (or authorize the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

(c) use the GASQUIP Network to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains nudity, excessive violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless you have their consent;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content;
  • contains restricted or password only access pages, or hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorized by us); or
  • contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on the GASQUIP Network;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the GASQUIP Network;

(f) use the GASQUIP Network with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of the GASQUIP Network without our prior written authorization;

(h) use code or other devices containing any reference to the GASQUIP Network to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the GASQUIP Network or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the GASQUIP Network.

Your Material
By uploading, transmitting, posting or otherwise making available any Material via the GASQUIP Network, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of the GASQUIP Network a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

(c) warrant that you have the right to grant the above mentioned licenses;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the GASQUIP Network, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the GASQUIP Network by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the GASQUIP Network simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying us
If you think that the GASQUIP Network has been accessed or used by another user in breach of the Conditions, please email us at sales@gasquip.com. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to sales@gasquip.com.

Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the GASQUIP Network.

The GASQUIP Network contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the GASQUIP Network for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on the GASQUIP Network to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the GASQUIP Network should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the GASQUIP Network without the express written consent of the relevant owner.

Third party websites, advertising and activities

We may feature or display links and pointers to websites operated by third parties on the GASQUIP Network. Such websites do not form part of the GASQUIP Network and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the GASQUIP Network entirely at your own risk.

You must not link to the GASQUIP Network from any other website (or otherwise authorize any other person to link from a third party website to the GASQUIP Network) without our prior written consent.

The GASQUIP Network may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the GASQUIP Network, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.

Disclaimer
You use the GASQUIP Network at your sole risk.

Except where expressly stated otherwise, Material on the GASQUIP Network is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on the GASQUIP Network will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the GASQUIP Network, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the GASQUIP Network in any circumstance.

Limitation of liability
You use the GASQUIP Network at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the GASQUIP Network that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

  • (i) the re-supply of those services; or
  • (ii) the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

  • (i) the replacement of the goods or the supply of equivalent goods;
  • (ii) the repair of the goods;
  • (iii) the payment of the cost of having the goods replaced; or
  • (iv) the payment of the cost of having the goods repaired.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the GASQUIP Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the GASQUIP Network.

Quotations:
Quote validity is 30 days from its date unless stated otherwise, except for materials including copper, steel, or aluminum, which shall be good for a max 7 days.

Prices:
Prices are subject to change without notice. For products, prices will be the prices in effect at the time of shipment by GASQUIP. In the event of a price change for services or products, the effective date of the change will be the date shown on the new price or rate sheets. Pricing is based on the assumption that all work will be performed as scheduled and work can proceed unimpeded once begun. For any service work that is impeded, GASQUIP reserves the right to bill for the delays. Third Party content will be billed at a minimum of cost plus 25%, unless communicated otherwise. Fuel surcharges shall be added for any increase of fuel prices of more than 5% from level at time of quote.

Scope of Service – Products & Changes:
The services and products supplied shall be as set forth in the quotation provided. For any scope changes required after the order is placed, GASQUIP will prepare a written Change Order, to be signed by both parties before proceeding with the changes.

Scheduling of Service:
Buyer shall give written notice reasonably in advance of the date on which GASQUIP is scheduled for service. GASQUIP shall promptly inform Buyer whether the personnel will be available on that date, and if not, the nearest date on which they will be available. GASQUIP reserves the right to delay performance of any scheduled work due to Buyer not meeting GASQUIP’s required credit terms.

Provisions of Facility:
Buyer shall be responsible for providing at its own expense all things necessary to enable GASQUIP personnel to perform field services requested, including without limit, equipment operators; labor, craftsmen, foremen; rigging, tools, crane, scaffold, burning and welding equipment, instruments; lubricants; cleaning materials; telephone; storage space for any special equipment furnished by GASQUIP; equipment manuals; first aid facilities; safety equipment. Buyer shall also be responsible for informing GASQUIP, prior to agreement on the price of services, and of any local permits or fees which may be required for GASQUIP personnel to perform field service.

Repair & Overhaul:
In the event that Buyer’s equipment may be in the custody or control of GASQUIP in connection repair, overhaul work or other services, risk of loss or of damage to such equipment shall remain with Buyer at all times.

Delivery of Products:
Unless otherwise specified, all products are shipped F.O.B. shipping point, regardless of transportation costs being “allowed,” “prepaid” or “collect”. Transportation charges incurred from the nearest accessible common carrier point to final destination or to ship-side are the responsibility of the buyer. GASQUIP will determine point of origin of shipment, method of transportation, and routing of shipment. Except in the event of F.O.B. destination shipments, GASQUIP will not participate in any settlement of claims for concealed or other shipment damage. For F.O.B. destination shipments, the Buyer must unpack immediately and, if damage is discovered, notify the carrier in writing on carrier’s delivery receipt and request the carrier to make an inspection, and notify GASQUIP within 72 hours of delivery.

Minimum Billing:
Charge to Buyer for field services will be as quoted for Fixed Price jobs. Jobs on a T&M basis for after hours, weekends, and holidays will include lapsed time from the time of departure of the personnel from their station, or previous assignment, until their return to their station or subsequent assignment. Jobs on a T&M basis will be billed on a 4 hour minimum. Mileage will be billed at $ 1.50 per mile on a round-trip basis. Special preparation before departure, or complementary follow-up work after return to station, may require additional time to be charged. For services, all prices are based upon straight time for eight hours per weekday shift. Overtime will be after 8 hours, after normal working hours, and on weekends and will be billed at time and a half. Holidays will be billed at double time. Buyer shall reimburse GASQUIP for all reasonable expenses incurred for GASQUIP personnel in connection with field services from the time of departure until return to headquarters. Such expenses shall include but are not limited to: air and ground transportation, lodging, food, gratuities, equipment rental, etc.

Payment:
Products will be paid for on the basis of a lump sum price and will be billed for at time of product shipment. Services will be paid for either on the basis of a lump sum price, if so quoted, or on the basis of time and materials. For projects involving service that last more than one week, GASQUIP will bill for progress payments. All pricing excludes Federal, state or local property, license, privilege, sales, service, use, excise, gross receipts or other like taxes which may now or hereafter be applicable to, measured by or imposed upon or with respect to the furnishing of the products and services. Payments shall be made within 30 days from date of invoice, in United States dollars at the offices of GASQUIP shown on the invoice. Overdue payments are subject to a late charge equal to 1.0% per month or the highest rate allowed by law.

Warranty:
GASQUIP warrants to Buyer that services will be performed in a workmanlike and competent manner and that recommendations for corrective action made in connection with technical investigations, inspections, or similar services, will be based on GASQUIP’s best judgment in light of the facts then known. GASQUIP warrants that the products provided by it will be as described in its quotation and will be free of defects in workmanship and material. Should any failure to conform with the warranty set forth appear within one year from the delivery of the products or within 12 months after the provision of the services, and if promptly notified thereof in writing, GASQUIP will, at its option, either re-perform the services without charge, repair or replace the products, or refund to Buyer an agreed amount to cover the nonconforming services or products. GASQUIP shall not be responsible for gaining access to any products supplied or serviced equipment or for disassembly, re-assembly or transportation of any products or equipment from or to the place of installation. Products supplied by GASQUIP, but manufactured by others, are warranted only to the extent of the manufacturer’s warranty. The foregoing warranties are exclusive and in lieu of all other warranties of quality, performance, and results, whether written, oral, or implied, and all other warranties, including any warranty or results, merchantability or fitness for purpose are hereby disclaimed. Correction by GASQUIP of nonconformities, re-performing services, repair or replacement or refund of amounts paid, in the manner and for the period of time provided above, shall be Buyer’s exclusive remedy and shall constitute fulfillment of all liabilities with respect to the services rendered or products supplied, whether in warranty, contract, negligence, tort, strict liability or otherwise, except to the extent prohibited by law.

Indemnity & Insurance:
GASQUIP will not indemnify and will not hold Buyer harmless from and against claims of third parties for personal injury, death or damage to third party personal tangible property to the extent caused directly and solely by the intentional or negligent acts of GASQUIP personnel while on or about Buyer’s premises but not to any such losses resulting from the implementation of any recommendations, conclusions, or advice rendered in connection with the services performed under this Agreement.

Limitation of Liability & Disclaimer of Service:
The total liability of GASQUIP arising out of or in connection with the provision of services and products shall be limited to the price of the service provided or product or part supplied by GASQUIP upon which such liability is based. GASQUIP shall not, under any circumstances, be liable, contract, tort, negligence, strict liability, failure of remedy or otherwise for loss of profits or revenue, loss of use of any equipment or technology, damage to other tangible property of Buyer, cost of capital, cost of substitute power or equipment or services, downtime costs, delays or claims of Customers or third parties, or for any special, indirect, incidental or consequential damages whatsoever.

Force Majeure & Liquidation Damages:
GASQUIP shall not be liable for failure to perform or for delay in performance due to, any cause beyond its reasonable control, or fire, flood, strike or other labor difficulty, act of God, riot, terrorism, embargo, fuel or energy shortage, wrecks or delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities from usual sources. GASQUIP will not accept any penalty or liquidated damage clauses of any kind, or any liability arising from such clauses, unless specifically approved in writing by an authorized representative of GASQUIP.

Title – Risk of Loss:
The product sold shall remain the property of GASQUIP and shall remain personal property until fully paid for in cash, and the Buyer agrees to perform all acts which may be necessary to perfect and assure retention of title to such product by GASQUIP. Risk of loss of the product, or any part of same, shall pass to the Buyer upon delivery of such product or part at the designated delivery or F.O.B. point.

Contract Variations:
Where Buyer’s specifications are not sufficiently detailed, GASQUIP reserves the right to supply the product or service in line with, in GASQUIP’s judgment, good commercial practice. Any order or contract may be terminated by the Buyer only by written notice and upon payment of reasonable and proper termination charges (Direct costs + 20% and 10% of final net price). Any orders held, delayed or rescheduled beyond a reasonable period of time will be treated as a Buyer termination. When products are ready for shipment and shipment cannot be made because of reasons beyond GASQUIP’s control, GASQUIP shall submit an invoice for such product and shall, upon written notice to the Buyer, store and invoice for such products, with risk of loss of the product passing to the Buyer. GASQUIP shall have the right to cancel at any time by written notice for any material breach of the contract by the Buyer.

Returning of Products:
Product may not be returned except with the written agreement of GASQUIP and subject to terms specified by GASQUIP. In general, engineered products cannot be returned.

Pre-Existing Site Conditions:
It is understood and agreed that nothing herein shall be interpreted as placing any responsibility or liability on GASQUIP for pre-existing site conditions, including but not limited to pollution, contamination, hazardous waste or toxic material; or for the generation, emission, or disposal of such substances not directly attributable to GASQUIP’s acts or omissions.

Arbitration:
Any unresolved claim, dispute or controversy arising out of or relating to this Agreement, including claims, dispute or controversies, shall be submitted to binding arbitration in Houston, Texas, under the Commercial Arbitration Rules of the American Arbitration Association then in effect.

Choice of Law:
The construction and performance of this agreement and the rights and remedies of the parties hereof shall be governed by the laws of the State of Texas

Severability
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age
By using the GASQUIP Network, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable law
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:
“Conditions” means any terms, conditions, notices and disclaimers displayed elsewhere on the GASQUIP Network.

“GASQUIP Network” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). “Material” means text, illustrations, photos, audio, video, any combination of these or other material.

“Us”, “we” or “our” means GASQUIP and/or its related bodies corporate.

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