Terms of Use and Purchase

Last Updated: June 2025

This website, located at uniform resource locator www.datwylersealing.com (the “Site”), is provided by Dätwyler Holding Inc. (“Company,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”).  The Terms of Use set forth below apply to all Company purchases that are made by you, regardless of whether they are made through the Site or by other means, such as quotes received directly from the Company.  However, to the extent that your quote or contract with the Company contains its own separate terms and conditions, those conditions apply to your purchase.

1. You Agree to These Terms by Using the Site or Otherwise Making a Purchase from the Company
Your access to, and use of, the Site, along with any purchases made by you through the Site or otherwise, are subject to the following Terms of Use and all applicable laws and regulations.  By accessing and using the Site, or otherwise making purchases from the Company, you accept, without limitation or qualification, these Terms of Use.  Company may, at any time and without notice, modify these Terms of Use by revising them on the Site.  Your continued use of the Site, or further purchases from the Company, constitutes your acceptance of any such revisions.  You should therefore periodically visit this page to review the current Terms of Use.  You may not modify these Terms of Use except in a writing signed by Company.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site immediately, or otherwise stop moving forward with making a purchase from the Company through any source.

2. Permitted Use of the Site
The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or purchasing Company services or products.  You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose. 

3. Accounts and Security
To use certain features on the Site, you must create an account (an “Account”) by completing the registration process.  You will be guided through the registration process when you access certain features of the site, such as the online store.  You must provide us with current, complete and accurate information (including your email address) as prompted by the applicable registration form, and you acknowledge and agree that our communications to you through your Account shall satisfy any requirements for legal notices. You hereby promise that all information that you submit during the registration process is true and accurate, and acknowledge that you have an affirmative obligation to update your information in the event of any changes to the information you submit during your registration. If you create an Account or use the Services on behalf of another person or entity, you must have, and hereby represent and warrant that you do have, the authority to accept this Agreement on behalf of such other person or entity. You are responsible for maintaining the confidentiality of your Account username and password. You may not share your Account login information or Account credentials with, otherwise make your Account available to, any third party.  You agree to notify us immediately upon becoming aware of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by us).  As the Account holder, you are responsible for any and all actions taken by any person that has attained access to your Account.

You expressly acknowledge and agree that the Site is provided by us solely upon and subject to the terms and conditions in this Agreement. In the event that you breach the terms and conditions of this Agreement, or if we must do so in order to comply with law, we may terminate your Account or otherwise suspend or terminate your access to the Site for certain features on the Site.  Otherwise, we may terminate your Account or otherwise suspend or terminate your access to any features on the Site by providing you reasonable prior notice.  You have the right to cancel your Account at any time. You can cancel your Account by contacting us at suso.ont.sales@datwyler.com.   If your Account is terminated, suspended or canceled, you will no longer have access to the information in your Account or the applicable features on the Site and we may, at our option, delete your information, data, content, and other materials associated with your Account.

4. Prices

Unless otherwise specified, the prices shown do not include any taxes or shipping charges.

5. Quantity Pricing

Prices shown on the Site, or otherwise quoted to you, are consistent with quantity ordered and are computed separately for each product item. If an order is cancelled, the unit price may be adjusted to the price applicable to the uncancelled quantity, if any.

6. Taxes

Unless prohibited by applicable law, you agree to pay to Company the amount of any Federal, State, City or other tax which Company may be required to pay on account of the ownership at the place of installation, or the manufacture, transportation, sale or use of the material and equipment which are the subject of any order that is placed on the Site or otherwise.

7. Terms of Payment

Unless other written payment terms apply to your account, for items that are purchased directly from the Site, payment will be due at the time the order is placed.  For items that are not purchased directly from the Site, and unless stated otherwise, each invoice is payable within 30 days after the invoice date. If Company makes partial shipments, Company will invoice separately for each shipment. Company reserves the right to require payment in advance or C.O.D. and otherwise to change credit terms. If you do not pay an invoice within 90 days, Company may charge interest of 1.5% a month, but no more than the maximum allowed by law, until the invoice is paid. If Company fails to demand payment under the terms above, Company will not have waived the right to do so later. Furthermore, that demand, if made, will not alter your obligation your order.

8. Delivery

Shipping dates are approximate. If conditions arise that prevent compliance with delivery schedules, the Company shall not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay, and such delay shall not constitute grounds for cancellation.

9. Force Majeure

The Company shall not be liable for any failure to perform, due to causes beyond its reasonable control, inability to obtain the necessary labor, materials or manufacturing facilities, or for failures due to elements, acts of God, your acts acts of civil or military authorities, priorities, fires, floods, epidemics, quarantine restrictions, wars, riots, strikes, differences with workmen, accidents to machinery, freight car or truck shortages, delays in transportation or any other causes beyond the control of the Company whether or not similar to the foregoing.

10. Shipment

All shipments will be made F.O.B. Company’s factory unless otherwise specified, regardless of which party selects the carrier or pays the freight. Unless notified otherwise, the Company will select the carrier. Title and risk of loss shall pass to you upon delivery by the Company to the carrier for shipment.

11. Claims

You are responsible for inspecting the goods promptly after receipt and before use. Unless otherwise indicated on Company’s acknowledgment, your inspection of O-ring goods shall be according to MIL-STD-413B and to a 2.5 AQL according to MIL-STD-105D. Your inspection of all other goods shall be according to the latest blueprint furnished to Company. Within ten days following receipt of goods, You shall give detailed written notice of any shortage or defective goods, and failure to give such notice shall constitute irrevocable acceptance of goods.

12. Rights of Parties with Respect to Tools and Aids

In case you pay for Tools and/or Aids required to accommodate the Order, the legal ownership in the manufactured Tools and/or Aids shall not be transferred to you until full payment of the amounts due is received.

The Tools and/or Aids shall remain at Company’s facilities and Company shall not move the Tools to another address without your prior written consent. You or your representatives may at any time inspect the Tools and/or Aids at Company’s facilities during Company’s normal business hours upon thirty (30) business days written notice.

Company shall use the Tools exclusively on your request or that of your designated partners. Without your prior written consent, Company shall not be entitled to use the Tools and/or Aids to manufacture any product for any third party.

Company shall provide for the custody of the Tools and/or Aids while at Company’s facility with the diligence Company uses with its own Tools and/or Aids.

Products manufactured out of the Tools and/or Aids and delivered to you under this agreement may be manufactured and designed as a standard product for a standard use or individually designed as prescribed by you. Irrespective of whether it has been designed individually or it is a standard product of Company, a conflict with third parties rights might arise, in some cases only based on a different use by you. Company has not and will not execute a respective FTO (Freedom to operate) analysis in order to determine the risk of potential infringement, based on the specific design ordered by you or even only based on a specific use of the product by you. It is your responsibility to avoid any infringement of third parties’ rights in view of the use of the product or of a prescribed product design. In case nevertheless Company is held responsible for infringement in a given case, Company will be entitled for immediate recovery of any damages suffered in this respect. In case Company is or becomes aware of a third party’s right of possible relevance, Company is entitled to ask you for a respective attorneys’ infringement opinion.

As a designer of the Tools and/or Aids, Company retains all Intellectual Property and other rights in the Tools and/or Aids, in particular know-how, copyrights, patent and design rights, relating to tooling and manufacturing technology.

Tools and/or Aids will not be physically shipped to you. You shall be free to require Company to destroy the Tools and/or Aids and to provide you with a certificate of destruction duly executed by Company.

13. Insurance

You, at your sole expense, shall purchase and maintain insurance against all risk of loss, theft, destruction, or damage, from any cause whatsoever covering all tools, equipment and materials in possession of Company, but with title in you.

14. Government Requirements

The Company agrees to comply with all applicable state and federal laws, rules and regulations and all obligations hereunder are subject to applicable government regulations, including those affecting or limiting prices, production, purchase, sales, use, or inventory of materials. If the material or articles are to be used in making parts or equipment to be furnished to the United States Government, the Company agrees to comply with the applicable requirements of such contract with respect to secrecy, use of convict labor, employment of aliens, non- discrimination, plant protection, espionage, sabotage, Fair Labor Standards Act of 1938 as amended, including section 12a thereof, as amended, Walsh-Healy Act, and other provisions relating to hours and conditions of work, if and when applicable.

15. Termination Settlement Formula

To the extent required under the law, in the event of termination, cancellation or reduction of the Order, except by reason of default by the Company, settlement shall be made by negotiations in accordance with the procedure and formula set forth in the Termination Clause for sub-contracts set forth in the Armed Services Procurement Regulations.

16. Acceptance Required to Form Contracts

For those orders placed directly with the Company, unless and until a formal written acceptance upon a printed Acknowledgment of Order form is signed by an authorized representative of the Company, no order will become effective as a valid contract binding upon the Company.

17. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site.  Company does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Company reserves the right to block or remove communications or materials that it determines to be unacceptable to Company in its sole discretion.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

18. Electronic Communications
When you visit the site or send e-mails to Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Privacy
Company’s Privacy Policy is incorporated and made part of these Terms of Use.  You hereby agree to such Privacy Policy.  Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by Company in accordance with the Privacy Policy.

20. Typographical Errors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Company reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, Company shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.

21. Disclaimer – Warranty
UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH THE COMPANY THAT PROVIDES OTHERWISE, THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE, OR OTHERWISE PURCHASED BY YOU, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Company does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Company does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Company does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

22. Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

23. Limitations of Liability
YOUR USE OF THE SITE, ALONG WITH ANY OTHER PURCHASES THAT YOU MAKE FROM THE COMPANY, IS AT YOUR OWN RISK.  NEITHER COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, OR ANY PURCHASES THAT YOU MAKE FROM THE COMPANY THROUGH THE SITE OR OTHERWISE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

24. Third-Party Links
In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Company.  These linked sites are only for your convenience and therefore you access them at your own risk.  Without limiting the foregoing, Company specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Company does not endorse the content, or any products or services available, on such sites.  Nonetheless, Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

25. Patents

Unless the design for the goods shall have been furnished by you to the Company and used by the Company in manufacturing the goods, Company shall defend and hold harmless you from any claim that any product or article sold to you hereunder in and of itself infringes any United States patents by reason of its sale provided Company is notified in writing within ten days after any such claim is made against you and provided further that Company is permitted to defend the same in your name if action be brought. If the product or article sold to you is manufactured by the Company in accordance with the design or specification furnished by you, you will defend and hold harmless the Company from any claims of infringement.

Any proprietary information furnished by Company pursuant to obtaining or fulfilling your Order, shall not be disclosed by you to anyone outside of its organization except the United States Government where required by law, nor shall it be duplicated or used in whole or in part within your own organization for any purpose other than to evaluate Company’s quotation and assist in fulfilling your Order.

You are responsible for avoiding any infringement of third parties’ rights in view of the use of the product or of a prescribed product design. In the event a claim is made against the Company, or the Company is held responsible for infringement in a given case, as a result of your use of the product, you agree to indemnify the Company for any harm suffered by the Company as a result thereof, including, but not limited to, reasonable attorneys’ fees incurred by the Company in connection therewith.

26. Trademarks
The following trademarks are our property: SoftPulse. These marks may not be used without our consent on any product or service, except our own. 

27. Copyright
Copyright © 2024, Dätwyler Holding Inc.  ALL RIGHTS RESERVED.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by United States and international copyright laws.  You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

28. Copyright Complaints
Company respects the intellectual property of others. If you believe in good faith that materials hosted by Company infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices described above should be sent to Company (by email, fax, or mail) at:

Dätwyler Holding Inc.
Gotthardstrasse 31
6460 Altdorf
Switzerland
info@datwyler.com

29. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

Company does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

30. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. The courts of general jurisdiction located within New York, New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

31. Attorneys’ Fees

If any action is necessary to interpret or enforce the terms of your Order or these Terms of Use, the prevailing party will have the right to recover reasonable attorneys’ fees and other costs, including costs of collection, in addition to any other relief.

32. Assignment
Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

33. Entire Agreement

With the exception of situations in which your quote or contract with the Company contains its own terms and conditions, the provisions in this Terms of Use and on accompanying papers, if any, signed by Company, constitute all the terms and conditions agreed upon by the parties.. No modifications hereof shall be valid unless in writing and duly signed by an officer of the Company.

34. Questions and feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to suso.ont.sales@datwyler.com.

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