Ecotent - a zingerle group brand

§ 2 Order Process and Payment

2.1 Customer Orders of ZG products can begin by confirmation of Our online Sales Quotes delivered by Your ZG Pro, or for select products, by online shopping cart (“Online Orders”) within respective brand websites and various online outlets. Valid Orders are serviced either directly with ZG or Our authorized Sales Partners, all containing the subsequent policies. When placing an Order through an authorized Sales Partners, review their additional Order policies that together will create Your full Terms and Conditions. To proceed with placing an Order: 2.1.1 With Sales Quotes, You may accept the Sales Quote, which will create a binding contract, by either (i) online acceptance and confirmation, (ii) written communications indicating acceptance, or (iii) signing and returning a copy of the Sales Quote.

2.1.2 For Online Orders, You may place the Online Order via the applicable shopping cart, which will create a binding contract, by carefully reviewing and acknowledging further self-service Term and Conditions.

2.2 Custom Products including but not limited to: printed tent roofs or sidewalls, inflatables, special sizes or features, designed furniture, and unique non-stock items; will have additional pre-Order steps to complete. We will work with You to develop the desired design and configuration, using legally sourced artwork (logos, pictures, licensed material, etc.) to create virtual renderings (“Graphic Layouts”), further artwork details can be found in section 8, Artwork Ownership and Licensing. During this process, Graphic Layouts will be digitally provided to You for review and approval. The final Graphic Layout that You approve for production must be accepted through either Your online Sales Quote, or where applicable through additional online Graphic Forms within steps of an Online Order, as outlined in section 2.1. Custom Products are non-refundable and have further return conditions detailed in section 5, Satisfaction and Return Policy.

2.3 ZG Order Confirmation and Invoicing will contain approved payment terms and conditions, standard being immediately due to proceed (“Prepayment”). Invoices from Order Confirmation procedures will be delivered to You by Our online invoicing and payment system, with secure payment options via credit card, ACH, and other; while Online Orders will create invoices and payment options simultaneous to checkout through the online shopping cart. Additionally, Customers can select phone payment processing for convenience where ZG follows PCI compliance, or by request can obtain check, ACH and wire instructions for offline payments.

2.4 Payment Terms, such as net 30, and deposit options, such as 50% down, are available with ZG review and approval of the Customer’s account. We will determine based on credentials including but not limited to: account type, business operations, trade references, payment history, and order risk; and must be completed and granted by ZG expressly in writing prior to any Order Confirmation seeking these terms. We may require Customer Purchase Orders to validate Your recognition of any grated terms. Please submit Payment Term requests with Your ZG Pro in advance of placing an Order to not experience Order delays.

2.5 Financing may be available through non-affiliated, third-party companies. We may offer suggestions through our ZG Pros or a digital connection to services like PayPal®, CreditKey®, Centra®, etc. However, Your election to use these financing tools is Your responsibility and completely independent of ZG. If utilized, these services will pay ZG directly for your Order and require that you agree to their payment, collateral, credit and other terms and conditions. Please review financing options carefully to ensure You understand interest obligations, default penalties, and other costs, to determine if such is right for You.

2.6 Stock selection and/or production of products for Orders will begin ONLY once We have received and acknowledged all applicable Customer information, approvals, and payments in accordance with the Order: ZG issues Order Confirmation and Invoicing, Customer confirms final Graphic Layouts for any custom products if applicable, and Customer payments have been satisfied per account terms.

Customer acceptance and desire to proceed with Sales Quotes or Online Orders require ZG acknowledgement and confirmation of receipt. To ensure optimal customer satisfaction and processing efficiency, ZG will review, confirm, and release subsequent Order Confirmation details back to You, either directly or through Our authorized Sales Partner, at which time the Order has been officially placed.

2.7 ZG reserves the right to accept, postpone or reject Your confirmed order after evaluating requirements to manufacture and/or fulfill. Any delays or rejections will be communicated by ZG as soon as possible. Customer payment of standard, non-custom products (standard frames, structures, fabrics, furniture, or accessories), or custom products (printed graphics or special features) not yet in production, will be eligible for refund if the Customer would elect.

2.8 Late payments will accrue interest at a rate of 1½% per month (18% per year) until full payment is received.

§ 3 Shipping Policy

3.1 ZG works hard to make receiving products as easy as their purchase and use. Customer Orders will contain selected shipping terms, commonly being FOB Delivered (ZG Prepaid) or FOB Origin (Customer Collect). When FOB Delivered is utilized, We will prepay for shipping with ZG Carrier (e.g. UPS, FedEx, Estes, etc.) accounts, where applicable charges of such will display in Your Invoice and Order Confirmation. When FOB Origin is chosen, You have selected to ship with Your further obligation to pay shipping charges directly to the Carrier either by, (i) cash of delivery (COD) or (ii) Your established Carrier accounts.

3.2 Risk of loss and obligation to insure will follow the party in possession of products during shipment. With FOB Delivery, ZG will assist and correct any shipping issues that may arise with the Carrier until delivery to destination. When FOB Origin is used, either by ZG scheduling or Customer, You will be responsible for resolving any shipping matters. Regardless of shipment method when there is damage or loss of products, We will strive to quickly assist with replacement Orders as needed, where such Orders follow the procedures of section 2, Order Process and Payment.

3.3 ZG is not responsible for damage, loss or theft of products once delivered by the shipping Carrier to Your destination. Please ensure that You take local precautions to protect delivered products, including but not limited to, having someone present to receive the shipment, asking ZG to ship with Signature Required, or, as available, selecting to pick-up at a local Carrier terminal.

3.4 Deliveries are contingent upon Our receiving of necessary raw materials and may be delayed, reduced, or cancelled by ZG, to the extent affected by delay, reduction, or cancellation of shipment of such materials.

3.5 PLEASE CHECK YOUR SHIPMENT IMMEDIATELY, including all boxes and cartons, against the ZG bill-of-delivery BEFORE signing for the delivery. Any damaged or missing item(s) should be noted in writing on the Carrier’s bill-of-lading, with the Carrier’s delivery driver signing the bill-of-lading to acknowledge the same. We understand some situations only present themselves once you have opened all packaging, so please be mindful that You have 2 Weeks (14 Days) from delivery receipt to inspect and communicate any issues with ZG. Should this time pass with no communications, We will be pleased of your satisfaction.

3.6 Delay in delivery or defect in quality will entitle Customer to cancel only that portion of product that is delayed or defective. Standard, non-custom products (standard frames, structures, fabrics, furniture, or accessories), and custom products (printed graphics or special features) not yet in design or production, will be eligible.

3.7 Delivery and/or tender made after specified date of delivery will constitute a good delivery. Customer hereby agrees to grant adequate additional amount of time to complete shipment. Thereafter, delivery or deliveries and/or tender or tenders prior to receipt of written cancellation will constitute timely delivery.

§ 4 Product Care and Safety 

4.1 ZG products need to be cared for to preserve their performance and function. Customers need to review all product safety information and operating instructions prior to use and ensure that such material is conveyed to additional product users and operators. You, and all product users, are responsible for maintaining safe conditions and using products only as intended. Failure to do so may lead to property damage or even result in human injury and death. ZG makes every effort possible to educate and guide

You in proper product handling, however if there are ever any questions or uncertainty do not hesitate to contact Your ZG Pro for guidance.

4.2 ZG designs for quality and durability, however the inherent nature of mobile tents, tables, inflatables, and other products makes them vulnerable to lifting when winds are stronger than their securing. Any ZG wind and weather performance material is provided as testing estimates for general guidance and cannot be solely relied upon for exact real-world conditions that You may experience.

4.3 USERS ARE REESPONSIBLE for assessing on-site wind and weather conditions and always ensuring they have secured products sufficient for their conditions. The mobile and easy-to-use design of Our products allows them to quickly be closed and stored when conditions are, or soon will become, unsuitable for use. Please be aware that wind and weather related damages are NOT WARRANTY COVERED, and ZG is NOT LIABLE FOR DAMAGE OR INJURY that may occur as a result.

4.4 MISUSE OF THE PRODUCT IN ANY WAY, INCLUDING BUT NOT LIMITED TO INSTALLATION AND USE DURING INCLEMENT WEATHER, VOIDS ANY EXPRESS OR IMPLIED WARRANTY PROVIDED WITH YOUR PRODUCT.

§ 5 Satisfaction and Return Policy 

5.1 Every ZG Order is backed by a 100% Satisfaction Guarantee on Returns and Exchanges for THIRTY (30) DAYS from the date of product receipt by the Customer, product eligibility is as follows: 5.1.1 Standard, in-stock items that are not printed or customized are eligible for any reason when kept in new condition with all original components, manuals and packaging. Returns may be subject to a Restock Fee, waived at ZG discretion for account credit or exchanges.

5.1.2 Printed fabrics are guaranteed to substantially match order-approved Graphic Layouts in form, context and color, and any errors (“Print Errors”) found during the thirty (30) day period are eligible for reprint exchange. Customers understand that produced resolution is only as good as their artwork provided to Us and actual colors on fabrics and surfaces may vary by +/-10%.

5.1.3 INELIGIBLE RETURNS OR EXHANGES: 5.1.3.1 Any printed product such as canopy tent roofs and sidewalls, inflatables, pavilion roofs and panels, flags and banners, and valance advertising panels, direct table imprints, or alike.

5.1.3.2 Any custom or modified product such as Mastertent custom inflatables or S1 canopy tent frames with custom colors or extended height legs, special features of roofs and sidewalls, custom sizes, or alike.

5.1.3.3 Any product that has been modified by someone other than ZG, or an authorized ZG servicer.

5.1.3.4 Eligible standard products or Print Error exchanges that return to ZG in used condition, either by Customer or shipping, or without original components, manuals and packaging will be deemed ineligible.

5.2 Shipping for eligible returns or exchanges is Your responsibility, where ZG can assist as a courtesy with costs deducted from return or exchange credit. For Print Error exchange or incorrect product fulfillment, ZG will accommodate with standard shipping of return and corrected redelivery at no additional costs to You. Original shipping costs are non-refundable. Any ineligible product returned to Us is Your responsibility for collection or redelivery. In any event, rush options may be available with additional Customer fees. Return packaging exception will be made for products that originally deliver to Customer in consolidated packaging, where partial return or exchange has been approved by ZG, and the Customer has prepared their own packaging for return shipment. You are responsible to ensure that all return shipment packaging protects the returning product, along with its components, manuals and direct packaging, so that they arrive to ZG in new condition. Should shipping damage or loss occur it is Your responsibility to resolve.

5.3 Within the thirty (30) day Return and Exchange period, ZG must receive Your completed Return Merchandise Authorization (RMA) form, processed either by online submission or traditional form completion, where forms can be obtained by website download or ZG Pro request. The completed RMA should detail Your Order information, products requesting return or exchange, and further financial and

shipping selections You are electing. Once accepted by ZG, an RMA number will be issued and return steps can commence. Please remember that a Restock Fee may be assessed on Returns for Refund.

5.4 ZG will issue a credit or refund only once the returned product is received, matches the RMA and inspected by ZG to comply with all terms and conditions herein. For full value of refund or credit, also ensure that You return any free (“Promotional”) product, including all components, manuals, and packaging, if applicable on an Order being returned or exchanged. ZG may waive this if exchange for similar product is occurring. Any packaging or shipping of Promotional item is Customer responsibility.

5.5 Custom products that are already in production will not be eligible to cancel, exchange or refund.

§ 6 Manufacturer’s Warranty

6.1 ZG builds quality and We stand behind Our products with industry-leading warrants that range from 1-year to Limited Lifetime coverage across Manufacturing Defects and Corrosion: 6.1.1 ZG Manufacturing Defects warranty states that all Our products will be substantially free from defects in material and workmanship that may cause failure when products are under normal conditions, properly cared for, and used as intended. Covered components such as aluminum tubing and welds, cast-iron moldings, tension systems, connecting pins and fasteners, fabric, stitched threads, grommets, zippers, wood components, etc. will all arrive in good condition out-of-the-box and perform for You as intended.

6.1.2 ZG Corrosion warranty states that Our protected metal products will resist oxidization (“Rusting”) to a point that causes failure when products are under normal conditions, properly cared for, and used as intended. Covered components such as anodized aluminum, powder-coated aluminum, galvanized cast-iron, and stainless steel will perform in natural environments with User routine care of the metal surface.

6.2 Users are responsible for operating and storing products in normal conditions and providing proper care. The following conditions, and the lack of customer care to mitigate such, are NOT COVERED and WILL VOID the Manufacturing Defects and Corrosion warranties: 6.2.1 Mishandling – forcefully operations (e.g. forcing open or close), improper transport stacking or storage (e.g. tents or tables stacked on sides), wet closure or debris build-up, negligent use or misuse of the product, use contrary to instructions, or alike.

6.2.2 Accidents – shipping damages, product drops or falls, product scratches, dents or tears, product hit by other objects, vehicle or other moving collisions, natural acts of god, or alike.

6.2.3 Weather – ZG designs, builds, and tests products for operations in all types of weather conditions, however on-site circumstances are always unique and requires User care to maintain safe product operations. All weather conditions will void Our Manufacturing Defects warranty: Wind gusts at any speed; Rain, Hail, Snow or other precipitation where the product is visibly damaged (stretched, ripped, torn, etc. as a direct result of exposure or accumulation); and extreme temperatures below 20° and above 120°F (-10°/+50°C).

6.2.4 Elements – submersion in water; consistent exposure to humid or damp conditions; salt, sand or abrasives that etch and damage the product surface; exposure to fire; direct contact with heating sources; or chemicals, solvents or acids that deteriorate structural integrity.

6.2.5 Other – vandalism or theft, normal wear and tear, and/or repair or alterations by anyone other than ZG or a ZG authorized servicer.

6.3 All products, including ZG, have a natural useful life depending on the environment and conditions they are exposed to, known as Wear and Tear, which may or may not be noticed as it gradually breaks down product components, until a point in time of function failure or appearance dissatisfaction. With proper care, Wear and Tear can be minimized for many years on ZG products, however Users understand that if products arrive in good condition out-of-the-box, perform for You as intended during the first 12 months, and do not experience any of the void Conditions in 6.2, Wear and Tear is a result of the failure and is not covered under Our warranties.

6.4 Our product warranty periods are from the date of purchase as follows: 6.4.1 Limited Lifetime Warranties:

6.4.2 Limited 1-Year Warranties:

6.5 Upon delivery of the product, You have a duty to inspect the product for defects in material and/or workmanship and an obligation to notify ZG within thirty (30) days of purchase of such defect upon discovery after inspection.

6.6 ZG, at its option, will repair or replace a product, or any component of the product, We find to be defective during its warranty period (“Covered Product”). ZG guarantees that replacement parts, either under warranty or through Customer purchase, will be available for ten (10) years after the date of original product purchase. Product parts will either be in stock or produced on-demand with applicable production times. Customer is responsible for any transport and service costs required to inspection the product. Once warranty eligibility is determined and approved by ZG, or an authorized service provider, the Covered Product will be installed at no additional cost to the Customer. If You elect to keep the product in Your possession for self-servicing and ZG has approved warranty coverage or You have purchased replacement parts, You are responsible for transport costs and proper installation, and cannot make further claims due to improper installation.

6.7 To make a claim for any allegedly defective product under these warranties, contact Your ZG Pro that originally assisted with Your purchase, or contact ZG as listed in the Comments and Questions section below to provide proof of purchase from ZG, or an authorized Sales Partner. These warranties are valid for the original retail purchaser only and are not transferable. Second-hand resell, use and claim will void all warranties.

6.8 Additional factors NOT COVERED under ZG warranties and are exclusively Your responsibility are deductibles, premiums or procedures related to Your insurance that may cover products, as well as economic losses, including personal time and inconvenience related to product repair or replacement.

• Canopy Tent Frames: all levels of Mastertent and Ecotent.
• Canopy Tent Base Weights: all galvanized cast-iron styles.
• Limited Lifetime represents the conditions required to be warranty eligible and the useful life that the product will naturally have, known as Wear and Tear. Please read all warranty Terms and Conditions.
• Canopy Tent Roofs: all levels of Mastertent and Ecotent – Printing included
• Canopy Tent Sidewalls: all levels of Mastertent and Ecotent – Printing included
• Canopy Tent Folding Counters
• Mobile Lighting and Batteries: LEDs and Mobile Battery Packs
• Mobile Heating and Cooling: Infrared Heaters, Electric Fans and AC’s
• Flags and Banners: All Styles and Sizes – Printing included
• Curtains and Other Fabric Accessories – Printing included
• Inflatables: All Styles and Sizes – Electric Motor included
• Mobile Pavilions: All Styles and Sizes – Printing included
• Tables and Benches: All Styles and Sizes
• Mobile Partitions: All Styles and Sizes – Printing included

During the 1-Year period (first year of ownership) there are conditions required to be warranty eligible. Please read all warranty Terms and Conditions, including limitations and void circumstances.

6.5 Upon delivery of the product, You have a duty to inspect the product for defects in material and/or workmanship and an obligation to notify ZG within thirty (30) days of purchase of such defect upon discovery after inspection.

6.6 ZG, at its option, will repair or replace a product, or any component of the product, We find to be defective during its warranty period (“Covered Product”). ZG guarantees that replacement parts, either under warranty or through Customer purchase, will be available for ten (10) years after the date of original product purchase. Product parts will either be in stock or produced on-demand with applicable production times. Customer is responsible for any transport and service costs required to inspection the product. Once warranty eligibility is determined and approved by ZG, or an authorized service provider, the Covered Product will be installed at no additional cost to the Customer. If You elect to keep the product in Your possession for self-servicing and ZG has approved warranty coverage or You have purchased replacement parts, You are responsible for transport costs and proper installation, and cannot make further claims due to improper installation.

6.7 To make a claim for any allegedly defective product under these warranties, contact Your ZG Pro that originally assisted with Your purchase, or contact ZG as listed in the Comments and Questions section below to provide proof of purchase from ZG, or an authorized Sales Partner. These warranties are valid for the original retail purchaser only and are not transferable. Second-hand resell, use and claim will void all warranties.

6.8 Additional factors NOT COVERED under ZG warranties and are exclusively Your responsibility are deductibles, premiums or procedures related to Your insurance that may cover products, as well as economic losses, including personal time and inconvenience related to product repair or replacement.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

§ 7 Artwork and Content Rights

7.1 With ZG graphics service, there are multiple levels of artwork creation and utilization that must follow proper ownership and licensing protocols. At all times, ZG looks to maintain lawful use of artwork, images, and marks in the production of custom printed products, following all applicable trademark, copywrite, and/or licensing requirements. The following are common circumstances of such service:

7.1.1 Customer supplied – Customers represent that any artwork, images, and/or marks that they supply to ZG, either directly or through their representative, are of their legal right to use, alter

and reproduce, by their direct ownership or contracted authorization, and further grant those rights to ZG for design and production.

7.1.2 Third party approval – as Customers wish to utilize artwork, images, and/or marks from third party organizations, such as well-known entities or sports franchises, and the Customer is not authorized to act on the organization’s behave as mentioned in section 7.1.1, the Customer is responsible for receiving approval. Approvals will need to be on file with ZG and instruct use restrictions of either a) one-time use, granting that individually approved order, b) time-restricted use, for orders of a period, or c) continuous use, allowing use until notified to cease.

7.1.3 Sourcing assistance – when Customers desire ZG assistance to source artwork, images, and/or marks, ZG will do so through authorized publishing software and/or sourced through brand clearing houses for licensing rights. Use of such will apply to the individually approved order unless the asset acquisition gives future use and reproduction rights. Additional fees may apply.

7.1.4 Published design – on any collaboration that ZG does with third party organizations for rights to use their artwork, images, and/or marks in a published design, ZG will acquire and maintain authorization to use such, being fully responsible for any costs associated with the collaboration. Published designs are fixed in format and not available for any Customer modifications.

7.2 In any event that is not a published design of section 7.1.4, the Customer will guide ZG on the design of their custom printed product, with application and/or alteration of all artwork, images, and/or marks used, where the Customer agrees to indemnify, defend and hold ZG harmless from any third party claim, suit, allegation or proceeding brought against ZG that alleges the artwork, images, or marks are an infringement, misappropriation, or misuse of any existing copyright, trademark, service mark, trade name, or other intellectual property right. Customer shall pay for all damages and costs, including any attorney’s fees, expended by ZG or awarded against ZG by a court or tribunal as a result of such suit or proceeding. ZG agrees to provided Customer prompt notice, in writing, of the initiation of such suit or proceeding, and shall permit Customer to defend the same.

7.3 ZG sales and marketing efforts are continuously collaborating with Customers for their feedback, reviews, comments, and content. This information is vital to help Us perfect the products and services we provide to You. Unless there is an explicit agreement prior to Your information exchange that specifically covers the shared content, as represented in section 7.4, You agree to the following:

7.3.1 By submitting, posting or displaying any content (text, images, videos or other materials) on or through Our services, products or platforms, You grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in any and all media or distribution methods (now known or later developed).

7.3.2 This license allows Us to use the content You submit in connection with Our products, services and platforms, as well as for commercial purposes such as marketing, advertising and promotional activities related to Our business. We may sublicense these rights to third parties as needed to operate Our business.

7.3.3 You represent and warrant that You own or have secured all legal rights necessary for the content You submit, and that such content does not violate any law or infringe on the rights of others. We reserve the right to remove any content that We believe violates these terms.

7.3.4 While You retain ownership of the copyright and other intellectual property rights in content You submit, by submitting content You agree that We may use such as outlined above without any compensation due to You.

7.5 With any artwork or content that You provide, outlined throughout this section 7, Artwork and Content Rights, You agree to indemnify, defend and hold ZG harmless from any third party claim, suit, allegation or proceeding brought against ZG that alleges the artwork or content is an infringement, misappropriation, or misuse of any existing copyright, trademark, service mark, trade name, or other intellectual property right. You agree to pay for all damages and costs, including any attorney’s fees, expended by ZG or

7.4 Establishing an explicit ZG marketing agreement is utilized when, at Our sole discretion, We want to provide a defined structure and value for a planned content exchange. Each marketing agreement that We generate will govern a specific set of conditions and will have obligations and deliverables that the content collaborator is providing for the value that is received. All parties of such agreement understand and acknowledge that together with the terms and conditions herein will create the full contract.

§ 8 Campaigns and Programs

ZG is continuously evolving sales campaigns and partner programs to deliver exceptional value to customers and partners. These campaigns and programs will have further terms and conditions, including but not limited to rules for participation, time limitations for activation, and restrictions for eligibility. Campaigns and programs are subject to launch, change and deactivate at any time without notice. The additional terms and conditions of such campaigns and programs will combine with the herein Sales and Products terms and conditions to establish the entire policy. Please visit Our respective Campaigns and Programs for further details.

§ 9 External Product Sourcing

While ZG manufactures its core product lines of Mastertent®, Ecotent®, and Ruku1952®, ZG can source supplemental produces, either directly acquiring them or with the assistance of a sourcing partner. This service is at the complete discretion of ZG through many factors and offered only as a convenience to Customers. When You request and ZG agrees to source products from third parties as part of an approved Order, Customer acknowledges that ZG is not responsible for the performance or safety of any third party product. Customer agrees to indemnify, defend and hold ZG harmless from any third party claim, suit, allegation or proceeding brought against ZG arising out of the Customer’s use of the third party product sourced by ZG at the Customer’s request. Customer shall pay for all damages and costs, including any attorney’s fees, expended by ZG or awarded against ZG by a court or tribunal as a result of such suit or proceeding. ZG agrees to provided Customer prompt notice, in writing, of the initiation of such suit or proceeding, and shall permit Customer to defend the same. Customer also acknowledges that any issues, complaints, or concerns with third party products sourced by ZG, at the Customer’s request, shall be directly addressed by the Customer to the supplier of that product, and ZG shall not be responsible for facilitating any resolution or conversations related to third party product concerns.

§ 10 Force Majeure

Except for non-payment, neither You nor We will be liable for a delay in performance of its obligations and responsibilities under an order due to causes beyond such party’s control and without its fault or negligence, such as, but not limited to, war, embargo, national emergency, insurrection or riot, acts of the public enemy, fire, flood or other natural disaster, provided that said party has taken reasonable measures to notify the other promptly in writing of delay (but in any event, within 72 hours of the force majeure event).

§ 11 Indemnity

Customer will, at Customer’s sole cost and expense, release, defend indemnify, and hold ZG, its affiliates, directors, officers, agents, employees, and shareholders harmless from and against all claims, demands, disputes, complaints, causes of action, suits, losses, and damages (including attorneys’ fees) of any kind to the extent they in any way relate to or arise, in whole or in part, due to the acts or omissions of Customer, its subcontractors, or agents or the employees, in the performance of Customer’s obligations under an order or any breach or default under these Terms and Conditions.

§ 12 Limitation of Liability

IN NO EVENT WILL ZINGERLE GROUP BE LIABLE TO CUSTOMER OR ANY THIRD PARTY, IN CONTRACT, TORT, OR OTHERWISE, FOR ANY LOSS OF PROFITS OR BUSINESS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR AS A RESULT OF THESE TERMS AND CONDITIONS, ANY ORDER OR ANY AGREEMENT BETWEEN THE PARTIES RELATING TO PRODUCTS, SERVICES, OR DELIVERABLES, EVEN IF ZINGERLE GROUP HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. ZINGERLE GROUP’S AGGREGATE LIABILITY TO CUSTOMER FOR ANY CLAIM REGARDLESS OF THE NATURE OF SUCH CLAIM ARISING OUT OF OR RELATED TO AN ORDER OR THESE TERMS AND CONDITIONS WILL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO ZINGERLE GROUP UNDER AN ORDER.

§ 13 Privacy

See Terms of Use page on this website for Our privacy policy and terms of use.

§ 14 Assignment/Delegation/Subcontracting

Customer may not assign, delegate, subcontract, or transfer any order, the work required to be done or any payments to be made under an order or these Terms and Conditions without ZG’s prior written approval, in each instance. In the event of agreed delegation or subcontracting, Customer will continue to be liable with respect to all of the obligations or liabilities assumed by it under these Terms and Conditions.

§ 15 Remedies

ZG’s remedies will be cumulative and will include any remedies allowed by law. Waiver of any breach by ZG will not constitute ZG’s waiver of any other breach of the same or any other provision. Acceptance of any items or payments will not waive any breach.

§ 16 Governing Law/Submission to Jurisdiction

This Agreement will be construed in accordance with the laws governing contracts made and to be performed in the State of North Carolina, USA, exclusive of the U.N. Convention on the International Sale of Goods or any conflict of laws principles. Customer consents to the jurisdiction of any local, state, or federal court located within the City of Charlotte, County of Mecklenburg, and State of North Carolina and waives any objection which Customer may have based on improper venue or forum non conveniens to the conduct of any proceeding in any such court.

§ 17 Language

The parties confirm that it is their wish that these Terms and Conditions, as well as any other documents relating to these Terms and Conditions, including all orders, notices, schedules, authorizations, attachments, and amendments, have been and will be in the English language only.

§ 18 Entire Agreement

These Terms and Conditions and associated ZG documents (quotes, orders, invoices, deliveries) referenced herein constitute the entire agreement between the parties with respect to the subject matter of these Terms and Conditions; all prior agreements, representations, statements, negotiations and undertakings, whether oral or written, are superseded.

Comments or Questions

For Comments or Questions concerning these Terms and Conditions, please contact us:

Zingerle Group USA, Inc.

6965 Northpark Blvd. Ste N

Charlotte, NC 28216

(704) 312-1600

info.usa@zingerle.group