Service Level Agreement - GILGAL Power Systems Ltd

Please read all these provisions (“terms”) carefully before using this web site. Use of this web site indicates your agreement and acceptance of these terms.

For purposes herein, “GILGAL POWER SYSTEMS LTD.” and its subsidiaries are collectively referred to as “GILGAL”. The applicable Web site is referred to herein as the “Site”. GILGAL Web site is owned and provided by Gilgal from its offices at Hamazmera 3 st. Nes Ziyona, Israel. If you may have any questions regarding this site or its products, please reach us at +972-77-216-6678 or through our email: sales@gilgalpower.com. We appreciate your interest in our products and your visit to our site, www.gilgalpower.com
Gilgal website (“Site”) is provided for your personal information and commercial use. Your access to and use of the Site is subject to these Terms and all applicable laws. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Gilgal prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Gilgal opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
All information contained on this website is the property of Gilgal and may not be copied or modified except with the prior written consent of the Gilgal. Gilgal customers are obliged to treat all information received from Gilgal at strictly confidential, and are not permitted to transfer this information to a third party by any means, including electronic, without prior written approval from Gilgal.
Third-Party Sites
Gilgal may provide as a convenience, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this Site. A link to another website does not mean that Gilgal endorses or accepts any responsibility for the content, or the use of that website. If you use those sites, you do so at your own risk. Gilgal makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing therein or any of products and services described therein. Furthermore, links do not imply that Gilgal is affiliated or associated with those sites, or that those sites are authorized to use any trademark, trade name, logo, or copyright of Gilgal.
All the Gilgal products and related engineering information,belong to Gilgal and may not be copied or used without the prior written consent from Gilgal.
Gilgal’s intellectual property, including without limitation, all patents, copyrights, trade secrets, trade-dress and any other intellectual property of any kind (including without limitation, that which exists in the underlying technology), furnished by Gilgal to in connection with visiting this Site or in communication resulting therefrom. Gilgal retains all rights, including without limitation, exclusive rights of use, licensing, and sale. Possession of Goods, pre-production units, specifications, prints or drawings, or any other materials does not convey any rights or license thereto unless otherwise conveyed in writing..
Changes: Gilgal reserves the right, at its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Gilgal is under no obligation to update Materials. Gilgal may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Gilgal makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Paragraphs 9 to 23 form the Service Level Agreement (SLA), that defines the general obligations of Gilgal to her customers, the customer obligations regarding the business and engineering information it receives from Gilgal, and the liabilities of Gilgal for their products
Gilgal is committed to providing high quality and reliability products. All products are developed by the company are based on the Company’s sole knowledge.
Gilgal’s products are developed by the company finest experts, and are design to meet all the information given on the data sheet. Nevertheless, product specification, design and prices might change from time to time, as we are continuously striving to improve our products. The information advertised in the site will generally be the most up-to-date available. We may update details at any giving time without any prior notice, so you are kindly asked to verify the validity of the specifications before completing your order. In cases where a product was ordered prior to an update; it will be completed and manufactured exactly as it was at the time of the quote, unless otherwise agreed in writing.
All our products are ATP testing according to Gilgal test procedure and the requirements of our customers.
Our products have all the needed technical and environmental testing either by specific testing or by similarity.
Gilgal’s intellectual property, including without limitation, all patents, copyrights, trade secrets, trade-dress and any other intellectual property of any kind (including without limitation, that which exists in the underlying technology), furnished by Gilgal to a Buyer in connection with any agreement is the property of Gilgal and Gilgal retains all rights, including without limitation, exclusive rights of use, licensing, and sale. Possession of Goods, pre-production units, specifications, prints or drawings, or any other materials does not convey to Buyer any rights or license thereto.
While submitting an order, you are kindly asked to specify the exact Revision of the product being ordered.
All price quotes are valid for 60 days only, unless otherwise stated in the price quote.
TAXES: Any current or future tax or governmental charge (or increase in same) affecting Gilgal’s costs of production, sale, or shipment, or which Gilgal is otherwise required to pay or collect in connection with the sale, purchase, delivery, storage, processing, use or consumption of Goods, shall be for Buyer’s account and shall be added to the price or billed to Buyer separately, at Seller’s election unless it was agreed in a different way in the Purchase Order.
Unless otherwise expressly specified by an agreement, products will be shipped from Gilgal offices. Prices quoted, do not include shipment cost.
Gilgal is obliged to try and provide its products components with the most up-to-date inventory in the market. In an event that a certain component could not be obtained under these conditions, Gilgal will use proven parts from proven suppliers.
The products offered by Gilgal are offered with a 24 months limited warranty. The 24 months period will start from the day that the product was sent by Gilgal. Gilgal warrants that within this period all items will be free from significant defects in material and will function properly. This warranty will not be valid in case the product will show clear or obvious evidence of an attemptto be modify or repair by someone other than Gilgal or their assigned agents. Likewise, the warranty will not be valid if the product was damaged by system failure or misuse.
Cancellation of an order is possible only prior to the issuance of a Sales order confirmation by Gilgal, which will occur as soon as possible after a purchase order has been received by Gilgal. In any event of cancellation after the Sales Order Confirmation was issued, at least 70% of the agreed price will have to be paid by the customer, unless otherwise expressly mentioned on the Sales Order Confirmation.
Gilgal is committed to insure its products with liability for damage caused by Gilgal employees.
In no event shall Gilgal be liable for any lost profits, lost data, any business irruption, and equipment downtime or for any indirect, incidental, special or consequential damage of any kind arising out of or relating to Gilgal’s products, whether based on warranty, contract, tort or any other legal theory. Even if Gilgal has been advised of the possibility of such damages, Gilgal’s total cumulative liability in connection with these terms shall not exceed the total amount the customer paid for the related product.
The terms under this SLA will reflect any order made with Gilgal, regardless of all communication made between Gilgal and its customer previously, unless specifically detailed otherwise in the order confirmation sent by Gilgal.
PATENTS AND COPYRIGHTS: Gilgal warrants that the Goods sold, except as are made specifically for Buyer according to Buyer’s specifications, do not infringe any valid patent or copyright in existence as of the date of shipment. This warranty is given upon the condition that Buyer promptly notifies Gilgal of any claim or suit involving Buyer in which such infringement is alleged and cooperates fully with Gilgal and permits Gilgal to control completely the defense, settlement or compromise of any such allegation of infringement. Gilgal’s warranty as to utility patents only applies to infringement arising solely out of the inherent operation according to Gilgal’s specifications and instructions of such Goods. In the event such Goods are held to infringe such a patent or copyright in such suit, and /or the use of such Goods is enjoined, or in the case of a compromise or settlement by Gilgal, Gilgal shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with non-infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of them. In the event of the foregoing or, if in Gilgal’s opinion, Gilgal receives a credible allegation of infringement, Gilgal may also, at its option, cancel or suspend this agreement as to future deliveries of such Goods, without liability.
Any disputes with Gilgal will be handled primarily through direct dialogue. If there will be no agreement between the sides, any claim will be discussed in the Israeli courts and under Israeli laws.
Governing Law These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Gilgal and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
Do not post any details of your relationship or business information relating to Gilgal in press and/or other media, including online, written consent from Gilgal.
These terms of the SLA are contractual terms that require for any exclusive contract with Gilgal – unless Gilgal approved it in writing any change in the conditions listed above.