Terms & Conditions
Overview
Gimbel Waterjet & CNC is a Doing Business As (DBA) for Gimbel Group LLC. All sales and transactions are invoiced and paid through Gimbel Group LLC. In order to use Gimbel Group LLC’s products and services, you are required to agree to our Terms & Conditions. The terms “Gimbel Group”, “we”, “us”, and “our” refer to Gimbel Group LLC. Gimbel Group offers its websites (GimbelWaterjet.com, GimbelAutomation.com, GimbelAviation.com, and any others) and various services subject to this agreement.
Through using one or more of our websites and/or services, you agree to be bound by our Terms & Conditions. These Terms & Conditions apply to all users of our sites or services, including but not limited to vendors, browser users, customers, and merchants.
We reserve the right to deny our sites or services to anyone for any reason. It is your responsibility to check this page for changes to our Terms & Conditions.
Services
Gimbel Group LLC provides the following services (“Services”) which are subject to this agreement:
Engineering consulting of hardware and software products
Engineering and fabricated component manufacture
Signage and architectural products
Automation Products
Aviation Products
Payment & Pricing
We reserve the right to change our pricing at any time. Gimbel Group LLC does not offer refunds. All sales are final. All invoices are due upon receipt. We may require a 50% deposit or retainder agreement in order to begin manufacturing, consulting, or other services. By submitting any payment, including to but not limited to a deposit and/or retainder, you agree to our Terms & Conditions. Once any verbal or written approval or any payment is received by us, you agree to pay any invoices in full. You waive any right to refunds or chargebacks. Once Gimbel Group LLC delivers, ships, or installs a product or service, the transaction has been completed and you waive any right to returns, chargebacks or other recourse.
In some cases, Gimbel Group may provide you with a Proof (a visual depiction of the item to be manufactured). It is your sole responsibility to carefully inspect the Proof. Gimbel Group will not rework or change designs or items after a Proof has been accepted.
Cancellations & Retruns
Due to the customized nature of products, consulting, and other services we offer, we do not allow cancellations or returns. If there are problems with our products or services, please contact us within 72 hours. We may, at our sole discretion, offer corrective action. If you do not contact us within 72 hours, you agree that products and services meet your needs and specifications.
Indemnification
You agree to indemnify, defend, and hold harmless Gimbel Group LLC and our partners, vendors, subsidiaries, officers, employees/interns, directors, agents, contractors, and licensors from any claim or demand, including reasonable attorneys’ fees, made by you or any third party.
We shall not be liable for any failure to perform our obligations herein or for the failure of our products and services including, without limitation, mechanical, electronic, or communications failure of degradation. You agree that it is your sole responsibility to ensure that our products are in good operating condition. In the case of building-installed products such as architectural and signage products, you agree that Gimbel Group LLC is not responsible for the integrity of the mounting to the building, the building itself, the electrical wiring, or the integrity of the installed product. You agree to have any installations that require electrical work be completed by a certified electrician.
Due to the customized nature of our products and services, it is your sole responsibility to ensure that the products or services provided by Gimbel Group LLC meet your needs and specifications. You agree to indemnify Gimbel Group LLC for the degradation or failure of any product installed or produced by us.
You maintain sole legal responsibility for the design specifications and performance of the product or service and agree to indemnify Gimbel Group LLC from damages. Gimbel Group LLC does not offer any warranty of any products or services or guarantee that the products or services are suited to any particular use. We do not warrant the longevity or integrity of any manufactured product. In no case shall Gimbel Group LLC, or our partners, vendors, subsidiaries, officers, employees/interns, directors, agents, contractors, and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Governing Law
These Terms & Conditions shall be governed and construed in accordance with the laws of the state of California.
Severability
In the event that any portion of these Terms & Conditions shall be determined to be unenforceable, the remainder of this Agreement shall be enforced to the fullest extent possible and the unenforceable portion shall be amended by a court of competent jurisdiction, or otherwise thereafter shall be interpreted, to reflect as nearly as possible the parties’ intent. In the event that any portion of this Agreement is determined by any court of competent jurisdiction to be unenforceable by reason of excessive scope as to geographic, temporal, or functional coverage, such portion shall be deemed to extend only over the maximum geographic, temporal, and functional scope as to which it may be enforceable. If such amendment or interpretation is not possible, the unenforceable portion will be severed from the remainder of this Agreement and the remainder of this Agreement shall be enforced to the fullest extent.
Changes to Terms & Conditions
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting changes to our website(s). It is your responsivity to check our website(s) for changes.