Terms & Conditions Title
Last updated: 1 March, 2024
User Terms & Conditions
These user terms & conditions are effective on 1 March 2024 and shall apply to all users of Garrett Marketplace.
Please read all sections of these User T&Cs carefully. In particular, we draw your attention to all the BOLDED sections in these User T&Cs which set out certain legal obligations, responsibilities, restrictions and rights that apply to you and that you must be aware of. You must not use the Garrett Marketplace or our Services if you do not agree to these sections.
Garrett Marketplace (https://shop.garrettmotion.com/) (“Garrett Marketplace”) is a marketplace operated by Garrett Motion Inc. or its affiliate ("Garrett", “Garrett Motion”, "we" or "us"), that allows users to offer, sell, and buy goods and services (“Product”) in various geographic locations.
The Garrett entity you are contracting with is Garrett Transportation I Inc, 251 Little Falls Drive, Wilmington DE 19808, United States, if you reside in the United States; Garrett Motion Australia Pty LIMITED, Unit 4/14 Alfred Road Chipping Norton NSW 2170 NSW, Australia, if you reside in Australia; and Garrett Motion Sàrl, Z.A. La Pièce 16, CH-1180 Rolle, Switzerland, if you reside in any other country.
These Garrett Marketplace User Terms and Conditions (“User T&Cs”), and other policies, rules and additional terms posted on Garrett Marketplace (“General Terms”) set out the terms on which Garrett offers you access to and use of our sites, applications, tools, and services (collectively "Services") on Garrett Marketplace.
By accessing or using the Services in any manner, including but not limited to visiting or browsing Garrett Marketplace, you as the user of Garrett Marketplace (“User”, “you”) agree to be bound by and comply with all terms of these User T&Cs and the General Terms. If you do not accept these User T&Cs and the General Terms, you must not use any of our Services or the Garrett Marketplace.
This User T&Cs applies to all users of Garrett Marketplace, including without limitation users who are sellers, buyers, merchants, contributors of content, information, and other materials or services on Garrett Marketplace.
Any guidance Garrett provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers. Unless otherwise expressly provided, GARRETT IS NOT A PARTY TO CONTRACTS FOR SALE BETWEEN SELLERS AND BUYERS ON GARRETT MARKETPLACE; GARRETT HAS NO CONTROL OVER AND DOES NOT GUARANTEE: THE EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF ITEMS ADVERTISED; THE TRUTH OR ACCURACY OF USERS' CONTENT OR LISTINGS; THE ABILITY OF SELLERS TO SELL ITEMS; THE ABILITY OF BUYERS TO PAY FOR ITEMS; OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN AN ITEM.
In connection with using or accessing our Services, you agree to comply with these User T&Cs and the General Terms, and all applicable laws, rules, and regulations.
These User T&Cs are designed for and applicable to all Users, whether as a buyer (“Buyer”) or seller (“Seller”) on Garrett Marketplace. If you are a Seller, you must, in addition to these User T&Cs, comply with the Seller Terms & Conditions (“Seller T&Cs”) as entered into by you and Garrett. FAILURE TO MEET THESE USER T&CS MAY RESULT IN GARRETT CHARGING USERS ADDITIONAL FEES, AND/OR LIMITING, RESTRICTING, SUSPENDING, DOWNGRADING YOUR ACCOUNT, OR TAKING FURTHER ACTION, AS DETAILED IN SECTION 12, “Breach of User T&Cs and Indemnity” BELOW.
If we believe you are abusing Garrett Marketplace General Terms and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
The full Services are available to registered members of Garrett Marketplace only. A user may view certain contents of Garrett Marketplace, but certain information such as price, inventory level, and delivery conditions will not be visible, and therefore such a user cannot complete the transaction via Garrett Marketplace until such user has completed the membership registration and provided all the mandatory details.
In addition, by registering for Garrett Marketplace membership, you agree to the following conditions:
Age: the Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Garrett may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. Individuals under the age of 18 must at all times use the Services only in conjunction with, and under the supervision of, a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, some services offered through Garrett Marketplace may be subject to additional terms and conditions, rules, or policies issued on Garrett Marketplace from time to time as General Terms; your use of such Services is subject to those additional General Terms, which are incorporated into this User T&Cs by this reference. If you do not accept those additional General Terms, you must not use the Services subject to those additional General Terms.
Registration Information: You will be required to provide information or material about yourself, and, if you are a business entity, your entity, business, or products/services as part of the registration process on Garrett Marketplace for your access to and use of any Service or the User account. You represent, warrant, and agree that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of Garrett Marketplace or Service is true, accurate, current, and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Password: Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Garrett of any unauthorized use of your password or any breach of security. You also agree that Garrett cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Garrett without Garrett's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Number of Accounts: Except with Garrett’s approval, a User may only register one member account on Garrett Marketplace. If you are a business entity, you will still be assigned one member account, though you may have multiple employees logging onto Garrett Marketplace using the same account. Garrett may cancel or terminate a User’s member account if Garrett has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Garrett may reject the User’s application for registration for any reason.
Multiple Use: You acknowledge that sharing your account with other persons, or, if you are a business entity, allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Garrett Marketplace or other Users. YOU SHALL INDEMNIFY GARRETT, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST ANY LOSS OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS) SUFFERED AS A RESULT OF THE MULTIPLE USE OF YOUR ACCOUNT PERMITTED BY YOU. YOU ALSO AGREE THAT IN CASE OF THE MULTIPLE USE OF YOUR ACCOUNT PERMITTED BY YOU OR YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT, GARRETT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM SUCH A BREACH AND SHALL HAVE THE RIGHT TO SUSPEND OR TERMINATE USER’S ACCOUNT WITHOUT LIABILITY TO THE USER.
Account Transfer: You may not transfer or sell your Garrett Marketplace account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these User T&Cs.
Authorization: You agree that all use of Garrett Marketplace and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms and conditions, policies, or rules, subscribing to or making any payment for any services, sending message using Garrett Marketplace communication channel) will be deemed to have been authorized by the User of such account.
Right to Refuse Service: The Services are not available to temporarily or indefinitely suspended Garrett Marketplace members. Garrett reserves the right, in Garrett's sole discretion, to cancel unconfirmed or inactive accounts. Garrett reserves the right to refuse Service to anyone, for any reason, at any time.
All the prices for listed items are determined by the Seller. Buyer shall check with Seller if it has any questions with respect to the prices.
Taxes are determined by Garrett’s Tax Service Provider based on information provided by the Buyer and Seller. Final checkout price will include applicable sales taxes to be collected by the Marketplace and paid on behalf of Seller to applicable taxing authorities. Buyer is responsible for any underpayment of taxes based on incorrect information it provides. The responsibilities of Seller are contained in the Seller T&Cs.
We charge Sellers for the use of our Services. Please refer to the Seller T&Cs for details. Garrett does not charge Buyers for the use of our Services unless otherwise set out in our General Terms.
As a condition of your access to and use of Garrett Marketplace or Services, you agree that you will comply with all applicable laws and regulations when accessing or using Garrett Marketplace or Services.
You represent, warrant, and agree that (a) you have full power and authority to accept the User T&Cs, the Seller T&Cs, and the General Terms, and to grant the licenses and authorizations and to perform the obligations under these documents; and (b) for Users who are business entities: (i) your access and use Garrett Marketplace and Services will be for business purposes only; and (ii) the address you provide when registering is the principal place of business of your business entity. For the purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute, or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through Garrett Marketplace (the “Marketplace Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Marketplace Content to operate a business that competes with Garrett, or otherwise commercially exploiting Marketplace Content. Systematic retrieval of Marketplace Content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Garrett is prohibited. Use of any content or materials on Garrett Marketplace for any purpose not expressly permitted in these User T&Cs is prohibited.
GARRETT MAY ALLOW USERS TO ACCESS CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH HYPERLINKS (IN THE FORM OF WORD LINKS, BANNERS, CHANNELS, OR OTHERWISE), API, OR OTHERWISE TO SUCH THIRD PARTIES' WEBSITES. YOU ARE CAUTIONED TO READ SUCH WEBSITES' TERMS AND CONDITIONS AND/OR PRIVACY POLICIES BEFORE USING SUCH WEBSITES. YOU ACKNOWLEDGE THAT GARRETT HAS NO CONTROL OVER SUCH THIRD PARTIES' WEBSITES, DOES NOT MONITOR SUCH WEBSITES, AND SHALL NOT BE RESPONSIBLE OR LIABLE TO ANYONE FOR SUCH WEBSITES, OR ANY CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE ON OR THROUGH SUCH WEBSITES.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of Garrett Marketplace and/or any other User nor to gain unauthorized access to such computer systems or networks.
All the Products are listed by the Seller on Garrett Marketplace. The Seller is responsible for providing any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") it submits, posts, and displays on Garrett Marketplace (unless it is pre-defined contents and category by Garrett) to help the Buyer view the Product and make a purchase decision.
It is the Seller’s responsibility to ensure the Content has sufficient details to help Buyer understand the corresponding essential characteristics of the Product (including without limitation product description, use condition, price, inventory status, return/cancellation policy, warranty period, post-sale warranty service, and availability of cross-border delivery). Buyer may contact Seller via the communication channel provided on Garrett Marketplace to make further inquiries about the Product.
Once the Buyer has decided to purchase the selected Product, by clicking the “Submit Order” button or other similar function that will send the Buyer’s purchase request to the Seller, the Buyer is making an offer to the Seller to purchase the selected Product. Unless the Buyer makes a special note to the Buyer, all the Product information contained in the corresponding Content shall be incorporated into the offer. UPON BUYER MAKING SUCH OFFER OF THE PRODUCT, SUCH PURCHASE ORDER IS DEEMED ACCEPTED BY THE SELLER..
When placing an order to buy an item on Garrett Marketplace as a Buyer, you agree to enter into a legally binding contract with the Seller to purchase an item when you buy the item or commit to buying the item, regardless of when payment is due or received.
You also agree to comply with the General Terms, and in addition:
PLEASE NOTE GARRETT IS NOT A PARTY TO THE TRANSACTION BETWEEN BUYERS AND SELLERS. GARRETT IS NOT RESPONSIBLE FOR ANY TRANSACTION ISSUES BETWEEN BUYERS AND SELLERS. YOU FURTHER UNDERSTAND THAT FOR ANY SERVICES, GARRETT DOES NOT REPRESENT EITHER THE SELLER OR THE BUYER IN SPECIFIC TRANSACTIONS. GARRETT DOES NOT CONTROL AND IS NOT LIABLE OR RESPONSIBLE FOR THE QUALITY, SAFETY, LAWFULNESS, OR AVAILABILITY OF THE PRODUCTS OR SERVICES OFFERED FOR SALE ON GARRETT MARKETPLACE, THE ABILITY OF THE SELLERS TO COMPLETE A SALE OR THE ABILITY OF BUYERS TO COMPLETE A PURCHASE.
If a Buyer has a problem with a Seller, please be honest and have good intentions to resolve a transaction problem with the Seller. The Buyer may report the problem to Garrett via contact@shp.garrettmotion.com if it believes the Seller has violated these User T&Cs or Seller T&Cs.
If you purchase an item on Garrett Marketplace from a Seller that is in a different country/region from your delivery address, you are subject to the applicable local policies of the countries of your delivery address with respect to that particular purchase.
Please note the Seller is responsible for the delivery and, if applicable, all the customs clearance required for the cross-border delivery, unless otherwise agreed by the Buyer and Seller. Before placing an order on Garrett Marketplace, Buyer shall confirm with the Seller whether it can handle cross-border delivery before committing to buy any item and whether there is any additional charge or costs (such as import duties and customs clearance charge) for such cross-border delivery. If the Buyer’s information is required for such cross-border delivery, the Buyer will remain liable for the accuracy of the information it provides to the Seller, and the Buyer agrees to provide timely responses to requests for additional information required by the Seller.
In addition, in the event of cross-border delivery, the post-sale warranty service may be subject to limitations (for example, repair services may not be feasible if the Seller and Buyer are in different countries/regions), and the Seller may incur additional costs for cross-border post-sale warranty service (for example, additional shipping and customs clearance fees for replacement product). The Buyer is recommended to confirm with Seller whether it can provide the same level of post-sale warranty service and whether it needs to charge additional costs for cross-border transactions. If the Seller does not indicate such limitation in the Content, it is deemed that the Seller can provide the same level of post-sale warranty service for cross-border transactions.
Buyers and Sellers agree to transact payments for goods and services sold using our Services through a payment service provider designated by Garrett ("PSP"), subject to Payments Terms of Use which will be provided to you at registration on the Garrett Marketplace (“Payment Terms”). If you access or use our Services in any manner, you agree to the Payment Terms to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Payments Terms, including the requirements to provide at registration accurate information about you, your business, and the financial account you will use to make or receive payments. If you do not accept the Payments Terms, you must not use any of our Services or the Garrett Marketplace.
Payments are subject to:
When buying on Garrett Marketplace, the Buyer authorizes Garrett (through its PSP) to initiate payments using the selected Payment Method.
By placing a payment method on file with Garrett and/or its PSP, you authorize Garrett to charge your payment method(s) for any and all amounts arising from your use of our Services, including as applicable the price of goods, shipping, taxes, seller fees, charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error.
Garrett and/or its PSP will store payment information (including in tokenized or encrypted form) for use in carrying out transactions. You are responsible for maintaining the accuracy of information the PSP has on file, and you consent to Garrett and/or its PSP updating such stored information from time to time based on information provided by you, your bank, or other payment service providers. You will only provide information about payment methods that you are authorized to use. Garrett, through its PSP, may decline to process a transaction if, in Garrett’s sole judgment, it presents a risk of fraud.
You agree to comply with, and not cause a third party to violate, all applicable laws and regulations in connection with the use of the services provided by the PSP.
You understand that some third parties, such as credit and debit card issuers, and credit and debit card networks, and payment service providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payment transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that Garrett and its designated PSP have no control over, or responsibility or liability for, such fees or actions.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GARRETT AND ITS PSP (AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PAYMENT SERVICE PROVIDED BY GARRETT AND/OR ITS PSP.
Subject to each User’s compliance with these User T&Cs, Garrett grants to each User a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Garrett Marketplace and Garrett's Services solely for the purpose of buying and selling Products on the Garrett Marketplace. This right and license will automatically expire when the Services or your right to use the Garrett Marketplace has expired or terminated.
Each User grants to Garret, a non-exclusive, worldwide, royalty-free, transferable, sublicensable (through multiple tiers), irrevocable right and perpetual license to use and to exercise any and all intellectual property rights in the Content (and other materials, information and data) provided by that User for any purpose in connection with the Garrett Marketplace, our provision, expansion, and promotion of our Services, these User T&Cs and for any purposes permitted by our Data Privacy Statement.
Garrett Motion, and other Garrett graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Garrett or its affiliates. Garrett's trademarks and logos may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion, unless the item sold is an authenticated product produced by Garrett.
Garrett may have independent third parties involved in the provision of the Services (e.g., SAAS and PSP). You may not use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.
With respect to any third-party intellectual property in Products and Content, it is the Seller’s obligation to ensure there is no infringement of such third-party intellectual property. Garrett is not responsible for any third-party intellectual property in Products and Content as a result of any item displayed by the Seller. If you believe that your intellectual property rights have been infringed, please notify us via contact@shp.garrettmotion.com and we will investigate and take necessary actions to stop further infringement of such third-party intellectual property.
EACH USER HEREBY FURTHER AGREES TO INDEMNIFY AND SAVE GARRETT, OUR AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES HARMLESS, FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS, AND LIABILITIES (INCLUDING LEGAL COSTS ON A FULL INDEMNITY BASIS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, AS A RESULT OF ANY CLAIMS ASSERTED BY ANY THIRD PARTY IN RESPECT OF ITS COPYRIGHT, PATENT, TRADEMARK, TRADE NAME, TRADE SECRETS OR ANY OTHER PERSONAL OR PROPRIETARY RIGHTS (“THIRD PARTY RIGHTS”) OR OTHER THIRD PARTIES RELATING TO THE CONTENT, INFORMATION AND/OR PRODUCTS OFFERED OR DISPLAYED ON GARRETT MARKETPLACE WHERE THOSE CONTENT, INFORMATION AND/OR PRODUCTS WERE PROVIDED BY USER. GARRETT RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH GARRETT IN ASSERTING ANY AVAILABLE DEFENSES.
Each party shall keep confidential all confidential information provided by the other party or any of its affiliates in connection with any Services or the Garrett Marketplace. Each party will use confidential information only as is reasonably necessary and relevant to any Services or the Garrett Marketplace. Each party will not directly or indirectly (including through a third party) otherwise disclose confidential information to any individual, company, or other third party except as required to comply with the law, as permitted by or required to perform obligations under these User T&Cs, or in the case of Garrett as required in connection with the Garrett Marketplace or as permitted by the Data Privacy Statement or to any of its affiliates. Each party will take all reasonable measures to protect confidential information against any unauthorised use or disclosure. Each party will retain confidential information only for so long as its use is necessary for the Services, the Garrett Marketplace or to fulfill its statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations.
All information and material provided by either party or any of its affiliates will be deemed to be confidential information unless such information or material is already in the public domain or subsequently becomes public other than due to your breach of the confidential obligations.
Upon becoming a User, you consent to the inclusion of the contact information about you in our database and authorize Garrett and our affiliates to share the contact information with other Users and service providers of Garrett Marketplace, in order to carry out the required Services, or otherwise use your personal information in accordance with Garrett Marketplace Data Privacy Statement.
User information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the consent of the User, other than in connection with the Garrett Marketplace or for the express purpose of providing the Service requested by the User.
For your safety and protection, our PSP and Tax Service Provider keep this information encrypted and secure on your behalf.
The email address and other contact details you provide for order processing may be used to send you information and updates pertaining to your order, in addition to periodic marketplace news, updates, and/or related product or service information, etc.
Garrett reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Garrett may disclose the User's identity, contact information, and/or information regarding the User's account(s), transactions, or activities carried out on or via Garrett Marketplace, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. GARRETT SHALL NOT BE LIABLE FOR DAMAGES OR RESULTS ARISING FROM SUCH DISCLOSURE, AND YOU AGREE NOT TO BRING ANY ACTION OR CLAIM AGAINST GARRETT FOR SUCH DISCLOSURE.
Please refer to Garrett Marketplace Data Privacy Statement (available at https://shop.garrettmotion.com/legal/privacy-statement) for further details about the protection and use of personal information about Users in the possession of Garrett and our affiliates through Garrett Marketplace.
YOU AGREE THAT GARRETT IS NOT A PARTY TO ANY TRANSACTION ON GARRETT MARKETPLACE, AND YOU ARE SELLING AND PURCHASING PRODUCTS VIA GARRETT MARKETPLACE AT YOUR OWN RISK, AND THAT THESE PRODUCTS ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS, AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GARRETT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CORRECTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH GARRETT MARKETPLACE WHICH IS PROVIDED BY USERS, INCLUDING SELLERS AND BUYERS; GARRETT DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON GARRETT MARKETPLACE BY SELLERS OR BUYERS DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GARRETT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON GARRETT MARKETPLACE BY SELLERS OR BUYERS.
YOU FURTHER AGREE THAT GARRETT IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU OR ANYONE ELSE FOR ANY CONTENT OR OTHER MATERIAL TRANSMITTED THROUGH GARRETT MARKETPLACE OR SERVICES BY SELLERS OR BUYERS, INCLUDING FRAUDULENT, UNTRUE, MISLEADING, INACCURATE, DEFAMATORY, OFFENSIVE, OR ILLICIT MATERIAL AND THAT THE RISK OF DAMAGE FROM SUCH CONTENT OR OTHER MATERIAL RESTS ENTIRELY WITH THE USER. GARRETT RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY THE USER, IN WHICH EVENT THE USER SHALL COOPERATE WITH GARRETT IN ASSERTING ANY AVAILABLE DEFENSES.
GARRETT DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO GARRETT MARKETPLACE, AND THE OPERATION OF THE GARRETT MARKETPLACE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE GARRETT'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY THE LAW, GARRETT (INCLUDING ITS AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF USE, OR DAMAGE TO GOODWILL OR BRAND NAME) OR SUBSTANTIALLY SIMILAR TYPE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IF GARRETT'S LIABILITY IS NOT FULLY EXCLUDED IN THE ABOVE PARAGRAPHS, TO THE FULLEST EXTENT PERMITTED BY THE LAW, GARRETT'S AGGREGATED LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THESE USER T&CS OR ANY SERVICES SHALL IN NO CASE EXCEED THE AMOUNT OF THE PRICE OF THE PRODUCT TO WHICH THE LIABILITY RELATES OR USD 7,500 (SEVEN THOUSAND FIVE HUNDRED US DOLLARS), WHICHEVER IS LESS. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT BY THE USER TO PROVE ACTUAL DAMAGES. ALL CLAIMS ARISING FROM THE USE OF THE SERVICES MUST BE FILED WITHIN THREE (3) YEARS FROM THE DATE THE CAUSE OF ACTION AROSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.
NOTHING HEREIN, HOWEVER, IS INTENDED TO DISCLAIM GARRETT'S PRODUCT LIABILITY, IF THE SOLD ITEM IS AN AUTHENTICATED PRODUCT MADE BY GARRETT OR ITS AFFILIATES, TO THE EXTENT SUCH PRODUCT LIABILITY IS MANDATED BY APPLICABLE LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Without limiting any other remedies, Garrett may, without notice, and without refunding any fees, delay or immediately remove any item, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account, terminate a User's account, prohibit access to the Garrett Marketplace, and take technical and legal steps to keep a User off the Garret Marketplace and refuse to provide Services to a User if any of the following apply:
Without limiting the generality of the provisions of these User T&Cs, a User would be considered as being in breach of these User T&Cs in any of the following circumstances:
In such circumstances, Garrett reserves all rights to take any legal action against such User.
YOU WILL INDEMNIFY AND HOLD US (INCLUDING OUR AFFILIATES AND SUBSIDIARIES, AS WELL AS OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE USER T&CS, YOUR IMPROPER USE OF OUR SERVICES OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
These User T&Cs shall be governed by the laws of the jurisdiction based on the residence of the User, as follows:
with the express exclusion of the UN Convention on the International Sale of Goods.
Any controversy, claim, or dispute arising out of or relating to these User T&Cs or provision of Service, including any question regarding its formation, interpretation, validity (of the whole Agreement or one or several provisions thereof), performance, or termination, shall be subject to the non-exclusive jurisdiction of the courts of competent jurisdiction of the jurisdiction based on your residence as described above, provided however that Garrett reserves the right at all times to bring an action in the courts of your residential address or principal place of business.
Except as explicitly stated otherwise, any notices to Garrett shall be given by email to: contact@shp.garrettmotion.com. Notice shall be deemed given 24 hours after the email is sent.
Garrett may give you notice by email to the address provided in your user account.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Garrett Marketplace, or by posting such notice or demand on an area of Garrett Marketplace that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User:
Both parties agree that all agreements, notices, demands, disclosures, and other communications that each party sends to the other party electronically will satisfy any legal requirement that such communication should be in writing.
Except for payment obligations, neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure event. Force Majeure is an event beyond the reasonable control of the non-performing Party and may include but is not limited to (a) delay or refusal to grant an export license or the suspension or revocation thereof, (b) any other act of any government that would limit a party’s ability to perform the Agreement, (c) fires, earthquakes, floods, tropical storms, hurricanes, tornadoes, epidemic, severe weather condition, or any other acts of God, (d) quarantines or regional medical crisis, (e) labor strike or lockout, (f) riots, strife, insurrection, civil disobedience, landowner disturbance, armed conflict, terrorism or war, declared or not (or impending threat of any of the foregoing if such threat might reasonably be expected to cause injury to people or property), and (g) shortages or inability to obtain materials or components. If a force majeure event causes a delay, then the date of performance will be extended by the period of time that the non-performing party is actually delayed, or for any other period as the parties may agree in writing.
Except as otherwise provided in these User T&Cs, if any provision of these User T&Cs is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such section.
The failure of either party to act with respect to a breach by the other party or others does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches. Each party retains the discretion to enforce these User T&Cs selectively, and there is no guarantee either party will take action against all breaches of these User T&Cs.
WE MAY AMEND THESE USER T&CS AND SELLER T&CS (AND THE GENERAL TERMS) AT ANY TIME BY POSTING THE AMENDED TERMS ON GARRETT MARKETPLACE. OUR RIGHT TO AMEND THESE USER T&CS AND SELLER T&CS (AND THE GENERAL TERMS) INCLUDES THE RIGHT TO MODIFY, ADD TO, OR REMOVE TERMS IN THESE USER T&CS AND SELLER T&CS (AND THE GENERAL TERMS). WE WILL PROVIDE YOU WITH 30 DAYS' PRIOR NOTICE OF THE AMENDED TERMS (WHICH WE MAY PROVIDE BY POSTING ON THE GARRETT MARKETPLACE). IF YOU NOTIFY US WITHIN THAT 30 DAY NOTICE PERIOD THAT YOU DO NOT ACCEPT THE AMENDED TERMS, YOU MAY TERMINATE THESE USER T&CS AND SELLER T&CS (AND THE SERVICES) WITHOUT LIABILITY TO US EFFECTIVE ON EXPIRY OF THAT 30 DAY NOTICE PERIOD. YOUR CONTINUED ACCESS OR USE OF OUR SERVICES AFTER THAT 30 DAY NOTICE PERIOD CONSTITUTES YOUR ACCEPTANCE OF THE AMENDED TERMS. WE MAY ALSO ASK YOU TO ACKNOWLEDGE YOUR ACCEPTANCE OF THE AMENDED TERMS THROUGH AN ELECTRONIC CLICK-THROUGH, IN WHICH CASE THE AMENDED TERMS ARE EFFECTIVE FROM THE DATE YOU ACCEPT USING THAT CLICK-THROUGH. THE AMENDED TERMS ONLY APPLY TO TRANSACTIONS MADE BY USERS ON GARRETT MARKETPLACE AFTER THESE USER T&CS OR SELLER T&CS (OR THE GENERAL TERMS) (AS APPLICABLE) HAVE BEEN UPDATED OR ACCEPTED BY YOU.
Without limiting either party’s ability to refuse, modify, or terminate all or part of our Services in accordance with these User T&Cs, either party may also terminate these User T&Cs at any time for any reason, at its sole discretion, by giving [30 days'] advance notice of such termination.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these User T&Cs.
These User T&Cs and Seller T&Cs and the General Terms set forth the entire understanding and agreement between you and Garrett, and supersede all prior understandings and agreements of the parties.
EXCEPT AS SET OUT IN THESE USER T&CS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN RESPECT OF THE GARRETT MARKETPLACE AND THE GARRETT SERVICES, GARRETT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, PERFORMANCE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GARRETT OR ANYONE ELSE SHALL CREATE A WARRANTY.
Nothing in these User T&Cs excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law (under Schedule 2 to the Competition and Consumer Act 2010 (Cth)) which contains guarantees that protect the purchasers of goods and services in certain circumstances.
If any guarantee, warranty, term or condition is implied or imposed in relation to these User T&Cs under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Garrett is able to limit your remedy for a breach of the Non-Excludable Provision, then the liability of Garrett for breach of the Non-Excludable Provision is limited to one or more of the following at Garrett’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Nothing in these User T&Cs excludes, restricts or modifies any guarantee or warranty provided by Garrett as the original manufacturer or supplier of Garrett’s products under any separate agreement entered into between Garrett and a User.
Any reference to an exclusion of Incidental, Consequential or Indirect Damages includes, without limitation, loss of profits, loss of revenue, loss of goodwill, loss of opportunity or anticipated savings, damage to reputation and loss of or corruption of data.
16. European Union Addendum – For Users in the EU only
A. Right to withdrawal Consumers
For this Section,
When a Consumer located in the European Union purchases a product from a Professional Seller, they have a period of fourteen (14) calendar days from the receipt of the product to exercise their right of withdrawal with the Professional Seller. During this period, the Consumer may exercise their right to cancel the transaction with the Professional Seller, without having to provide reasons or pay any penalties.
The Consumer must inform the Professional Seller, using the model withdrawal form provided in Attachment 1 or in another clear and unambiguous manner, of their intention to exercise their right of withdrawal by any other means within the said period.
The Consumer has a maximum period of fourteen (14) calendar days from the communication of their decision to withdraw to return the product to the Professional Seller.
The product must be returned to the Professional Seller by the Consumer, at their own expense unless otherwise specified by the Professional Seller. In the event that the Professional Seller does not receive the product subject to the right of withdrawal within the aforementioned fourteen (14) calendar days, it may recover the product from the Consumer, at the Consumer’s expense.
The Consumer will be refunded using the same means of payment as used for the payment of their order for the full amount paid, that is, the price and standard shipping costs (additional shipping costs resulting from choosing a more expensive delivery method, other than the standard delivery method, however, remain at their expense), and other fees that may be applicable within fourteen (14) calendar days following the receipt of the product by Garrett Marketplace.
The right of return is not applicable to purchased items that fall under a legal exception, such as:
When the Buyer is a professional, or when the Consumer purchases a product from a Non-Professional Seller, the Buyer has no right of withdrawal.
B. Internal complaints management system
Users in the EU have access to an internal complaints management system in which an appeal can be requested against a decision mentioned in Section 12.
For any complaint or objection, please contact us at shop@garrettmotion.com.
The following are the cases in which we may have made a mistake and our decision could be appealed accordingly:
In the case that an appeal is made for any of the reasons indicated above, it must provide sufficient information and evidence to allow us to re-evaluate the request in a proper manner. If the evidence provided is sufficient and corroborates the request, we will proceed to reverse our decision. Otherwise, we will deny the request again.
In all cases, we recommend the appeal to be made within a maximum of 6 months after receipt of the initial decision.
Finally, we inform Users that, as an alternative or additional, they have the right to select any extrajudicial resolution body certified by the Digital Services Coordinator in the relevant Member State to make the necessary claims and appeals. This information will be available on the website designated for this purpose by the European Commission. As a provider of these services, we will collaborate with the Coordinator to try to resolve the dispute, however, we remind Users that the decision of this body is not binding on us or the applicant. Additionally or as a supplement, it is always possible to appeal to the judicial system of the relevant Member State.
C. Governing law
If you are a non-professional Buyer and your habitual residence is in the EU, you enjoy the protection of the mandatory consumer protection legislation of your country of residence. You may file claims related to these User Terms arising from consumer protection standards, either in Switzerland or in the EU member state where you live.
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We prefer to resolve your questions in direct contact with you. For any questions or problems, please contact us at shop@garrettmotion.com.
Attachment 1. Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
(*) Fill in the blanks as appropriate.