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A. User Agreement |
As a user of the TRW Web Site, I represent to TRW
that my access is on my own behalf or authorised so that I am acting
on behalf of my employer, or as an authorised agent or for my own
business enterprise and that I am fully authorised and empowered
to make promises, representations and agreements on behalf of my
employer, my principal or my own business enterprise as applicable.
I understand this agreement contains important legal and financial
responsibilities that may affect me, my employer, my principal or
my business.
These terms and conditions relate
to use of the TRW Web Site and the form and function of this TRW Web
Site.
As an inducement and in consideration
for TRW to provide me with access to or permitting me to use the TRW
Web Site, I agree to the following terms and conditions.
I understand that the Internet, electronic
commerce and technology is changing rapidly and TRW may address these
changes by changing these terms and conditions from time to time at
TRW's sole discretion. Accordingly, I promise to review regularly
these terms and conditions to be informed of and agree to any changes
made by TRW. If at any time I do not agree to any term or condition
of this or any revised TRW web access or use agreement, I promise
not to access or otherwise use the TRW Web Site. I acknowledge and
agree that the word "Content", as used in this Agreement refers to
any product listings, product description, materials, documents, images,
trademarks, copyrighted materials, graphics, logos, design, audio,
video and any other information provided on this and any other TRW
Web Site.
On behalf of my employer or business
enterprise, I shall accept responsibility for and take steps to keep
confidential any password or key number which is issued to me for
use of the TRW Web Site so as to prevent misuse by any third party
of any account which I have with TRW with which I order or purchase
any goods or services from TRW.
I understand that TRW shall accept
no liability for any claims, costs, losses, damages and liabilities
made as a result of the misuse or abuse of any person or entity gaining
access to the TRW Site using my password or key number and I shall
hold TRW harmless in relation to such liabilities or losses
I shall take steps to update my password
regularly to prevent such misuse.
B. Purpose and Offer/Incorporation
of TRW Trading Terms and Conditions
I acknowledge and fully understand
that the TRW Web Site shall not be construed as making an offer and
I accept that the information contained herein shall be interpreted
merely as an invitation to treat.
Therefore, regardless of the existence
of any order details, order forms, interactive features, request forms,
invitation for comment or suggestions contained in the TRW Web Site,
no contract or binding obligation of TRW of any kind may be implied,
assumed or made until an authorised and empowered representative of
TRW reviews and accepts, in writing, any proposal, offer, order or
other information submitted by me as the user of the TRW Web Site.
I agree that TRW becomes legally bound
to and responsible for only those promises, obligations and commitments
contained in written contracts and instruments signed by such authorised
and empowered representative of TRW. Notwithstanding anything to the
contrary contained in this TRW Web Site, TRW reserves the right to
and may reject in its sole discretion any information, offers, orders,
suggestions, comments or other information submitted to TRW via this
or any other TRW web site.
On acceptance by an authorised
TRW representative of any offer made by me on behalf of my employer
or business via this TRW Web Site or by any other method, TRW's
terms and conditions of sale and supply shall be the terms and conditions
applicable to our contractual agreement
I acknowledge that a copy of those
terms and conditions is available for review on the secure area of
the TRW Web Site.
C. No Permissions
No licence is granted by TRW to anyone
to use or exploit any Content. If I wish to use or exploit any TRW
Web Site Content, I agree to contact TRW in writing and to use such
Content only in accordance with a written agreement with TRW. If I
use or exploit any TRW Content without the agreement of TRW, I agree
to be responsible for all claims, costs, losses, expenses, damages
and liabilities incurred by TRW as a result of my actions or omissions.
D. Disclaimer
TRW has no obligation to be sure that
the Content of its Web Site is accurate or complete, up-to-date or
current, free from technical inaccuracies or typographical errors,
free from changes caused by any third party or that access to the
TRW Web Site will be free from interruptions, errors, computer viruses
or other harmful components. The information given on this TRW Web
Site is meant for guidance only. The information should not be relied
upon as statements or representations of facts. I understand that
TRW may (but has no obligation in the absence of governmental regulatory
requirements) change, withdraw, improve or otherwise modify its Web
Site Content at any time without any notice to me.
E. No Warranties in relation
to Content
The TRW Web Site Content is provided
by TRW "AS-IS" and without warranties of any kind, either express
or implied. I agree that under no circumstances, including, but not
limited to, negligence, shall TRW be liable for any direct or indirect,
special, incidental or consequential damages resulting from my reliance
on the Content. This includes but is not limited to loss of goodwill,
anticipated profits, data or profit arising out of the use or the
inability to use or rely upon the Content of this TRW Web Site, even
if a TRW representative has been advised of the possibility of those
damages.
This provision relates to the TRW
Web Site Content and shall not affect or be interpreted to override
or affect the Guarantee provisions of the TRW terms and conditions
of sale and supply.
F. Confidentiality and Licence
If I wish to provide my information
to TRW and I wish to retain an interest or ownership in it, I understand
that I must contact TRW in writing and propose to TRW a commercial
transaction pursuant to which I and TRW agree in a written and signed
agreement to an exchange of information. If I transmit to or post
on the TRW Web Site without any prior written Agreement with TRW providing
for such activity, any material, data, information or idea, it will
be treated as non-confidential and non-proprietary and may be disseminated
or used by TRW for any purpose. By sending TRW any information or
material, I grant TRW an unrestricted, irrevocable licence to use,
reproduce, display, perform, modify, transmit and distribute those
materials and information. I also agree that TRW is free to use any
ideas, concepts, know-how or techniques that I send to TRW for any
purpose without any obligation to me.
G. No Unlawful or Unacceptable
Content Posting
I am not authorised to post on or
transmit to the TRW Web Site any unlawful, threatening, libellous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material, or any other content that could give rise to any civil or
criminal liability under the law. If I do so, I agree to assume all
claims, costs, losses, expenses, damages and liabilities caused by
such activity and indemnify and shall hold TRW harmless from any such
liability or loss.
H. Hyperlinks
TRW may provide hyperlinks to other
internet web sites maintained by third parties or may provide third
party content on TRW Web Site. The content in any such linked sites
is not under TRW control and TRW is not responsible for the content
of those sites, including any further links in another site. If I
decide to access any of the third party sites linked to this or any
other TRW Web Site, I understand that I do so entirely at my own risk.
I understand that it is up to me to take precautions to ensure that
the third party I link to for my use is free of computer viruses,
worms, trojan horses and other items of a destructive nature. By providing
a link, TRW does not necessarily endorse a third party or its web
site. TRW reserves the right to terminate a link to a third party
web site at any time in its sole discretion.
I. Deep Linking
I expressly agree and warrant that
I will not undertake or procure or allow or instruct any third party
to undertake or procure any form of deep linking onto the TRW Web
Site.
J. Linked Internet Sites
If I wish to provide a link to a TRW
Web Site, I understand that I may do so under the terms and conditions
of this or any future TRW web access and use agreement, but that I
may not use or replicate TRW Content. I agree not to create a browser,
border environment or frame for TRW Content and I may not imply that
TRW is endorsing my (or the business which I represent) product or
services. I must not misrepresent my relationship with TRW; I may
not present false information about TRW products or services; and
my linked web site shall not contain content that could be construed
as distasteful, offensive or controversial, and or contain content
that is not appropriate for all age, racial, religious or other groups
protected by law. I accept that if I violate these promises, I agree
to be responsible for all claims, costs, losses, expenses, damages
and liabilities associated with such acts or omissions and shall indemnify
and hold TRW harmless against any such liability and I agree to remove
any link to TRW immediately upon the request of TRW.
K. List Prices
Any and all list prices included on
this TRW Web Site for goods and services are intended for guidance
only and may be subject to alteration, adjustment or change by TRW
without notice. TRW endeavours to provide, up to date pricing information
but I acknowledge that inaccuracies may occur in our pricing details.
Accordingly, the prices listed shall not become firm until TRW has
accepted any offer made by me on behalf of my employer or business
as contemplated in these terms and conditions and the order has been
despatched.
Any VAT exclusive prices do not apply
to purchases by consumers.
L. Termination
TRW retains the right to terminate my access to the TRW Web Site
without payment of compensation or other damages caused to me solely
by such termination, by giving notice to me if any one or more of
the following events happens:
- I commit a material breach of any of my obligations under this
agreement.
- I fail to remedy, where capable of remedy, or persist in any
breach of my obligations under this agreement having been required
in writing to remedy or desist from such reach within a period
of 30 days.
- I enter into an arrangement with any of my creditors, enter
into receivership or administrative receivership are presented
with a petition for winding up, go bankrupt, cease or threaten
to suspend or cease to carry on trade or I suffer or undergo any
procedure or event analogous to any of the above in any other
jurisdiction.
M. Force Majeure
Neither party shall be liable to the
other if it suffers an event of Force Majeure (and for the purposes
of this agreement Force Majeure shall mean any cause of any kind whatsoever
beyond either parties control or which they could not with reasonable
diligence have avoided).
If the Force Majeure continues for
longer than 3 months either party may at any time whilst such Force
Majeure continues by notice in writing to the other immediately terminate
this agreement.
N. No Representations/Legal Compliance
TRW makes no representation that content
or materials in a TRW Web Site are appropriate or available for use
outside the United Kingdom of Great Britain and Northern Ireland.
I agree to refrain from access to Content on a TRW Web Site from jurisdictions
where such access is illegal or prohibited. If I choose to access
this site from other jurisdictions, I do so on my own initiative and
shall be responsible for compliance with applicable local laws and
regulations. We are not responsible for any law violations of law
or regulation by my access or use of any Content on a TRW Web Site.
Any claims relating to this TRW Web
Site and its Content and materials shall be governed by the laws England
and Wales and subject to the non-exclusive jurisdiction of the English
Courts.
O. Copyrights/Trade Marks
TRW claims the copyright interest
in the compilation in all the TRW Web Site Content, and the TRW and
any TRW owned trade marks used on this and any other TRW Web Site
including without limitation, any incorporated TRW Web Sites. The
laws of England and Wales and all other signatories to the Berne Convention
protect the copyright owner from infringement and I represent that
I will not violate them in my access and use of this or any other
TRW Web Site and that I will indemnify and hold TRW harmless from
any breach of this agreement or infringement of TRW copyright and
trade marks.
Copyright © TRW
Limited 2000. |
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This EOS web site is a TRW web site ("TRW Web Site") for TRW Limited (company number 872948, VAT number 109 4320 94) Stratford Road, Solihull, B90 4AX("TRW").
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