These Terms of Use were last updated and are effective as of February 19, 2024.
Welcome to Oilon US!
Oilon US (the “Company”, “Oilon”, “we”, “us” or “our”) provides this website and online store (collectively, the “Oilon Webshop”), as well as related pages and content for use by our permitted users. These Terms of Use help enable us to provide you with the products, services, information, other content and features available through our Oilon Webshop to facilitate the online sales of our goods and services, and shall govern your use of the Oilon Webshop.
PLEASE READ THESE TERMS OF USE CAREFULLY. THE TERMS AND CONDITIONS SET FORTH BELOW GOVERN YOUR USE OF THE OILON WEBSHOP. THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN YOU AND OUR COMPANY AND GOVERN YOUR ACCESS TO, AND USE OF, THE OILON WEBSHOP. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE OILON WEBSHOP, OR ANY INFORMATION CONTAINED ON THE OILON WEBSHOP. YOUR USE OF THE OILON WEBSHOP SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE COMPANY MAY MAKE CHANGES TO THE CONTENT, PRODUCT AND THE SERVICES OFFERED ON THE OILON WEBSHOP AT ANY TIME.
1. Scope of Access to Oilon Webshop
Subject to these Terms of Use, you may use the Oilon Webshop solely for your personal or internal business use.
You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Oilon Webshop. Further, you may not reproduce all or any portion of the Oilon Webshop. The Oilon Webshop is owned by the Company. The Company reserves the right at any time to suspend or terminate use of the Oilon Webshop or its functionality and tools by you or other users in the Company’s sole discretion.
You may browse the pages in the Oilon Webshop without obtaining a username, but in such case the information displayed will be limited. To use the business services and purchasing features provided through the Oilon Webshop, you will need to set up a username, password and billing account with Oilon. Oilon may, at their discretion, refuse to grant rights of use to you or any other person (“User”, “Users”) and withdraw, restrict or alter the provided rights of use on reasonable grounds or otherwise pursuant to Oilon’s currently-valid Conditions for customer accounts.
In the event that you are given access to password-protected areas of the Oilon Webshop, you are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify the Company immediately of any unauthorized use of your password or any other breach of security relating to the Oilon Webshop. You shall not, and shall not attempt to, access any data of another User if you are not an authorized user under the applicable account.
2. Additional Sales Terms and Payment Matters
Any orders placed by you on the Oilon Webshop shall be binding. Oilon shall provide you with an order confirmation, which will be used to confirm the order and the prices for products on the Oilon Webshop. Any other agreements between Oilon and you shall apply to the orders placed on the Oilon Webshop. If prices, terms of payment or terms of delivery declared on the Oilon Webshop are contrary to terms specified elsewhere, the prices and terms declared on the Oilon Webshop shall apply.
You agree that you will promptly pay for purchases made by you through the Oilon Webshop in accordance with the applicable payment terms for such purchases. You shall pay interest on all late payments at the lesser of the rate of 15% per annum or the highest rate permissible under applicable law, calculated monthly. You shall reimburse Oilon for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms of Use or at law (which Oilon does not waive by the exercise of any rights hereunder), Oilon shall be entitled to suspend the delivery of any purchased parts, equipment or other products, (the “Products”) if you fail to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof. You shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Oilon, whether relating to Oilon’s breach, bankruptcy or otherwise.
3. Delivery
The Products will be delivered within a reasonable time after receipt of your order. All shipping dates are estimates and in all events are subject to availability of the Products. Oilon shall not be liable for any delays, loss or damage in transit. Unless otherwise agreed in writing by the parties, Oilon shall arrange for delivery of the Products to the address provided on the order (the “Delivery Point”) using Oilon’s standard methods for packaging and shipping such Products. If the Delivery Point is a location other than the location of your facility, you shall take delivery of the Products within three (3) business days of Oilon’s written notice that the Products have been delivered to the Delivery Point. You shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Products at the Delivery Point. Upon written agreement between you and Oilon, Oilon may arrange other shipping methods to a location specified by you, and add the costs of such shipping and packaging to your invoice.
If for any reason you fail to accept delivery of any of the Products on the date specified in Oilon’s notice that the Products have been delivered at the Delivery Point, or if Oilon is unable to deliver the Products at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations, Oilon may, at its option: (i) terminate the order immediately upon delivery of written notice to you; and (ii) retain or take immediate possession of the Products and retain all money paid hereunder to the date of such notice toward liquidated damages. Notwithstanding the foregoing, Oilon may recover its actual losses and exercise any other rights or remedies available to Oilon at law or equity with respect to such matter.
4. Non-delivery
The quantity of any order of Products as recorded by Oilon on dispatch from Oilon’s place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide reasonable and conclusive evidence proving the contrary and in a timely manner. Oilon shall not be liable for any non-delivery of Products (even if caused by Oilon’s negligence) unless you give written notice to Oilon of the non-delivery within ten (10) days of the date when the Products should, in the ordinary course, have been received. Any liability of Oilon for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or adjusting the invoice respecting such Products to reflect the actual quantity delivered.
5. Title and Risk of Loss
Shipments shall be made FOB Oilon’s facility regardless of whether the Delivery Point is Oilon’s facility or a location specified by you. Other than the purchase money security interest granted to Oilon as provided in this Section, the Products shall be free of all liens, claims and encumbrances of any kind. Title and risk of loss passes to you upon placement of the Products with the designated shipper. As collateral security for the payment of the purchase price of the Products, you hereby grant to Oilon a purchase money lien and security interest in and to all right, title and interest of you in, to and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Georgia Uniform Commercial Code. You will execute all financing documents needed to perfect this security interest, and hereby grant Oilon a power of attorney to execute such documents on behalf of you in the event that you are unavailable or otherwise fail to do so promptly upon request from Oilon.
6. Inspection and Rejection of Nonconforming Products
You shall inspect the Products within ten (10) business days upon receipt (“Inspection Period”). You will be deemed to have accepted the Products unless you notify Oilon in writing of any Nonconforming Products during the Inspection Period and furnish such written evidence or other documentation as required by Oilon. “Nonconforming Products” means that the Product shipped is different than identified in your order for any reason. If you timely notify Oilon of any Nonconforming Products, Oilon shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the purchase price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by you in connection therewith. You shall ship, at Oilon’s expense and risk of loss, the Nonconforming Products to Oilon’s facility as specified by Oilon. If Oilon exercises its option to replace Nonconforming Products, Oilon shall, after receiving your shipment of Nonconforming Products, ship to you, at Oilon’s expense and risk of loss, the replaced Products to the Delivery Point. You acknowledge and agree that the remedies set forth in this Section are your exclusive remedies for the delivery of Nonconforming Products. Except as provided in this Section, all sales of Products to you are non-refundable and you have no right to return Products purchased under this Agreement to Oilon.
7. Information Errors and Corrections; Delivery Matters; Product Changes
Although we strive to maintain the accuracy of information maintained on the Oilon Webshop (including product and other pricing information for products and services), occasionally pricing or other information errors may occur. In the event that a product or service that is made available through the Oilon Webshop (including, without limitation, through any services or product catalogs accessible through the Oilon Webshop) is mistakenly listed at an incorrect price or with other incorrect information, we reserve the right to refuse or cancel any orders placed for any such product or service that is based on such incorrect price or information.
Applicable service and delivery schedules, if any, noted for products and services offered through the Oilon Webshop are estimated indications of service or delivery dates unless otherwise expressly agreed by the Company in a written confirmation concerning an applicable order.
The Company reserves the right to discontinue offering any particular service or product made available through the Oilon Webshop and at any time, with or without notice.
8. Company Content
The content that is originally provided by the Company (the “Content”) on the Oilon Webshop is made available to you by the Company and is the copyrighted work (and in some cases logos and other marks) of the Company.
You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content or the Oilon Webshop in any manner. You may not distribute the Content or the Oilon Webshop in any manner to any third party except as expressly authorized by us.
9. Third Party Content
Certain information and other content appearing on the Oilon Webshop may be the material of third-party licensors and suppliers to the Company (“Third Party Content”). Third Party Content does not include materials and other content posted on the Oilon Webshop by you or other users (as applicable “User Content”). Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal use or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. Links to Third Party Sites
The Oilon Webshop may be linked to other sites that are not Company sites. The Company is providing these links to you only as a convenience, and the Company is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
11. Term and Termination
Your rights to use the Oilon Webshop continue until terminated by the Company in our discretion. If you violate these Terms of Use, the Company may terminate and/or suspend your access to the Oilon Webshop without notice.
12. Cookies
Oilon and Oilon’s partners use cookies for Oilon Webshop services. These cookies may be used to collect data about the services accessed and used by you. Oilon may also combine data collected in this manner. Such data is used to monitor the use of Oilon Webshop services and other services, deliver targeted marketing, and measure marketing performance.
13. Privacy Policy
Your use of the Oilon Webshop is governed by the Company Privacy Policy (the “Privacy Policy“) which may be accessed at this link: [Oilon Privacy Policy].
14. Unauthorized Activities
Unauthorized use of the Oilon Webshop, any Content or Third Party Content contained on the Oilon Webshop may violate certain laws and regulations. You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your submitted User Content and/or that your use of the Oilon Webshop, any Content or Third Party Content or the use by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Oilon Webshop or on the Internet.
15. Proprietary Rights
“Oilon”, “Oilon US” and other logos and other marks used by the Company to identify it and its products and services, are protected trademarks of the Company. Other trademarks, names and logos on the Oilon Webshop are the property of their respective owners.
Unless otherwise specified in these Terms of Use, all information and screens appearing on the Oilon Webshop, including documents, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company or its licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
16. Disclaimer of Warranties
Your use of the Oilon Webshop is at your own risk. Neither the User Content or Third Party Content nor Submissions have been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy or timeliness of the User Content, Submissions or the Third Party Content contained on the Oilon Webshop. The Company has no liability for any errors or omissions in the User Content and/or the Third Party Content, whether provided by the Company or our licensors.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING AS TO PRODUCTS AND SERVICES OFFERED BY THE COMPANY: (A) THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY PRODUCTS OR SERVICES OFFERED BY THE COMPANY, THE OILON WEBSHOP, ANY MATERIALS, USER CONTENT, USER SITES, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE OILON WEBSHOP AND/OR THE RESULTS OBTAINED FROM THE USE OF THE OILON WEBSHOP, INCLUDING WITHOUT LIMITATION THE MATERIALS, USER SITES, AND THE THIRD PARTY CONTENT; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY PRODUCTS OR SERVICES OFFERED BY THE COMPANY, THE OILON WEBSHOP, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE OILON WEBSHOP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE AS A RESULT OF USING THE OILON WEBSHOP, AND THE COMPANY DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE OILON WEBSHOP.
17. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT TO OR FROM THE OILON WEBSHOP. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND THE COMPANY SHALL NOT BE LIABLE IN THE AGGREGATE FOR THE GREATER OF: (I) THE PAYMENT AMOUNTS, IF ANY, PAID BY YOU TO THE COMPANY TO ACCESS THE OILON WEBSHOP DURING THE PRIOR TWELVE (12) MONTHS OR (II) FIFTY DOLLARS ($50.00).
18. Local Laws; Export Control
The Oilon Webshop, Company Content, User Content and/or Third Party Content may not be appropriate or available for use outside of the United States of America. If you use the Oilon Webshop outside the United States of America, you are responsible for following applicable local laws and regulations, including any applicable export controls laws.
19. Changes To These Terms of Use
These Terms of Use may be changed, modified, supplemented or updated by the Company from time to time. The date that these Terms of Use were last revised is identified at the top of the page and you will be bound by any changed, modified, supplemented or updated Terms of Use if you choose to continue to use the Oilon Webshop after such changes to the Terms of Use are posted.
20. Governing Law
The provisions of Georgia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms of Use.
21. Dispute Resolution and Arbitration
Generally and Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below as Excepted Matters) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice of a Dispute from one Party to the other Party.
Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, any in-person arbitration will take place in Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and inconvenience of the forum with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Oilon Webshop be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by applicable law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration (the “Excepted Matters”): (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. Force Majeure Conditions
The Company shall not be responsible for any delays or failures of performance resulting from acts beyond its control, including, without limitation, acts of God, acts of war, riots, acts of terror, public health emergencies, epidemics, pandemics, and other acts or omissions of third parties such as interruptions, delays, or malfunctions of service by third-party service providers.
23. Other General Matters
If any of these Terms of Use is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Company’s failure to enforce any of these Terms of Use is not a waiver of such term. These Terms of Use are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about the Oilon Webshop. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Use.
