Terms and Conditions of Famat Sampling

1.1 Definitions

In these Terms and Conditions, unless the context requires otherwise, the following terms shall have the meanings assigned to them:

• “Company” or “Famat Sampling” means Famat Sampling SA, a Swiss company registered at CH-1933 Sembrancher, Switzerland.
• “Website” refers to the official website www.famat-sampling.com and all its subdomains.
• “User” means any individual or entity accessing the website, requesting information, or purchasing products from Famat Sampling.
• “Products” includes all sampling valves, systems, and related technologies offered by Famat Sampling.
• “Services” encompasses technical consultations, product support, documentation, and any other assistance provided by the Company.
• “EPT® Technology” refers to the Expanding Piston Technology developed and owned by Famat Sampling.

1.2 Interpretation

• Words importing the singular shall include the plural and vice versa.
• References to persons shall include individuals, corporations, partnerships, and other legal entities.
• Headings are for convenience only and do not affect the interpretation of these Terms and Conditions.
• Any reference to a statutory provision shall be deemed to include any subsequent modification or re-enactment of such provision.

2. User Rights and Responsibilities

2.1 Website Access

Users are granted a limited, non-exclusive, and revocable right to access and use the Famat Sampling website for personal and non-commercial purposes. This access is subject to strict compliance with these Terms and Conditions.

2.2 User Obligations

By using the Famat Sampling website, users agree to:

• Provide accurate, current, and complete information when requested
• Maintain the confidentiality of any account credentials
• Use the website and its resources solely for lawful purposes
• Refrain from any activities that may:
  • Interfere with or disrupt the website’s functionality
  • Compromise the security of the website
  • Infringe on the rights of Famat Sampling or other users

2.3 Prohibited Activities

Users are expressly prohibited from:

• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the website without written permission
• Using the website for any illegal or unauthorized purpose
• Attempting to gain unauthorized access to any part of the website or its systems
• Introducing any viruses, malware, or other malicious code
• Collecting or harvesting personal information of other users
• Using automated systems or software to extract data from the website

2.4 Intellectual Property Rights

All content on the Famat Sampling website, including text, graphics, logos, images, and software, is the property of Famat Sampling and protected by intellectual property laws. Users may not use, reproduce, or distribute any content without explicit written consent from the Company.

3. Website Use and Services

3.1 Website Services

Famat Sampling provides comprehensive online services designed to support our customers’ technical and informational needs. Our website offers access to product information, technical specifications, documentation downloads, contact forms, and channels for technical consultation and product inquiries.

3.2 Service Limitations

The Company maintains full discretion in managing our online services. We reserve the right to modify, suspend, or discontinue any aspect of our website without prior notice. This includes restricting access to certain services, refusing service to any user, and changing website content or functionality at our sole discretion.

3.3 Information Accuracy

While we strive to provide the most accurate and current information possible, users should understand that website content is presented as a general resource. Product details, specifications, pricing, and availability are subject to change without notice. We recommend that users independently verify critical technical information and specifications.

3.4 Technical Consultations

Technical advice and consultations provided through our website are offered as a professional courtesy. These communications do not constitute a binding agreement and should not be considered comprehensive solutions. They are based on the information available at the time and do not replace professional engineering assessments or detailed technical evaluations.

3.5 Website Availability

Famat Sampling cannot guarantee uninterrupted or error-free access to our website. Users should understand that online services may be impacted by various technical factors, and we do not promise instantaneous responses or continuous availability of all website features and services.

4. Product and Service Terms

4.1 Product Specifications

All product specifications, technical drawings, and performance data provided by Famat Sampling are subject to change without prior notice. While we make every effort to ensure accuracy, the final product may differ slightly from website representations due to ongoing technological improvements and manufacturing processes.

4.2 Quotations and Offers

Quotations and product offers from Famat Sampling are valid for a limited period as specified in the respective document. Prices are subject to change and do not include additional costs such as shipping, taxes, or custom duties unless explicitly stated.

4.3 Intellectual Property

The EPT® Expanding Piston Technology and all related intellectual property are exclusively owned by Famat Sampling. Customers are granted a limited use license for purchased products but do not acquire any rights to the underlying technologies, designs, or patents.

4.4 Product Warranties

Famat Sampling provides warranties on our sampling valves and systems as specified in separate warranty documentation. Warranties are subject to proper use, maintenance, and adherence to provided operational guidelines. Warranty coverage may be voided by improper use, unauthorized modifications, or failure to follow recommended maintenance procedures.

4.5 Technical Support and Consultation

Technical support and consultation services are provided as a courtesy to our customers. While we aim to offer the most accurate and helpful advice, Famat Sampling cannot be held liable for outcomes resulting from technical recommendations or consultations.

5. Order and Purchase Terms

5.1 Order Placement

Orders placed through the Famat Sampling website or directly with our sales team constitute a binding purchase agreement. Customers are responsible for providing accurate and complete information during the ordering process. Famat Sampling reserves the right to verify order details and refuse or cancel orders at its discretion.

5.2 Pricing and Payment

All prices are quoted in Swiss Francs (CHF) and are exclusive of taxes, shipping, and handling charges. Payment methods accepted will be specified at the time of purchase. Famat Sampling requires full payment before product shipment unless alternative arrangements have been explicitly agreed upon in writing.

5.3 Shipping and Delivery

Delivery times and shipping methods are estimated based on current production capabilities and logistics. Famat Sampling does not guarantee specific delivery dates and is not liable for delays caused by external factors, including but not limited to customs processing, transportation issues, or force majeure events.

5.4 Returns and Cancellations

Custom-manufactured sampling valves and systems are non-returnable and non-cancelable once production has commenced. Standard products may be returned within 30 days of receipt, subject to our return policy. Returned items must be in original, unused condition with all original packaging and documentation.

5.5 Export Compliance

Customers are responsible for ensuring compliance with all applicable export control regulations. Famat Sampling products may be subject to export restrictions and may require special licenses for international shipment. The customer bears full responsibility for obtaining necessary permits and complying with international trade regulations.

6. Liability and Disclaimers

6.1 Limitation of Liability

Famat Sampling’s total liability for any claims arising from products or services shall not exceed the purchase price of the specific product or service in question. The company shall not be liable for any indirect, consequential, or special damages, including lost profits, business interruption, or loss of data.

6.2 Product Use Disclaimer

Customers acknowledge that sampling technologies involve complex industrial processes. Famat Sampling provides products and technical guidance based on our best knowledge, but we cannot guarantee absolute precision or suitability for every specific application. Users are responsible for determining the appropriateness of our products for their particular use cases.

6.3 Warranty Limitations

Our products are sold with limited warranties as specified in separate warranty documentation. These warranties are exclusive and in lieu of all other warranties, whether express or implied. Famat Sampling expressly disclaims all implied warranties, including warranties of merchantability and fitness for a particular purpose.

6.4 Force Majeure

Famat Sampling shall not be held responsible for any failure or delay in fulfilling obligations due to circumstances beyond our reasonable control. These include natural disasters, wars, strikes, governmental actions, pandemics, or other extraordinary events that prevent the normal course of business.

6.5 Indemnification

Customers agree to indemnify and hold Famat Sampling harmless from any claims, losses, damages, liabilities, and expenses arising from the use of our products, including but not limited to product misuse, improper installation, or application in unintended contexts.

7. Confidentiality and Data Protection

7.1 Confidential Information

Any information shared between Famat Sampling and the customer during business interactions shall be treated as confidential. This includes technical specifications, product designs, pricing information, and any proprietary data exchanged during consultations, quotations, or product development.

7.2 Data Protection

Famat Sampling is committed to protecting personal and business data in compliance with Swiss data protection regulations. We collect, process, and store customer information solely for the purpose of providing our products and services, managing customer relationships, and improving our business operations.

7.3 Information Usage

Customer data may be used for communication related to products, services, technical support, and business correspondence. We do not sell or share personal information with third parties without explicit consent, except as required by law or for essential business operations.

7.4 Customer Rights

Customers have the right to request access to their personal information, request corrections, and ask for the deletion of their data. Requests can be submitted through our official contact channels and will be processed in accordance with applicable data protection laws.

7.5 Data Security

While we implement industry-standard security measures to protect customer information, we cannot guarantee absolute security. Customers are advised to exercise caution when sharing sensitive information and to use secure communication channels.

8. Dispute Resolution and Governing Law

8.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland. The canton of Valais shall serve as the primary jurisdiction for any legal interpretations or proceedings related to these terms.

8.2 Dispute Resolution

Any disputes arising from or related to these Terms and Conditions shall first be addressed through amicable negotiations. Parties are encouraged to resolve conflicts through direct communication and mutual understanding.

8.3 Arbitration

If a dispute cannot be resolved through direct negotiations, the parties agree to submit the matter to arbitration. Arbitration proceedings shall be conducted in accordance with the Swiss Rules of Commercial Arbitration, with the place of arbitration being Sion, Valais, Switzerland.

8.4 Legal Proceedings

In the event that arbitration fails to resolve the dispute, exclusive jurisdiction is granted to the competent courts of the canton of Valais, Switzerland. Both parties agree to submit to the jurisdiction of these courts.

8.5 Partial Invalidity

Should any provision of these Terms and Conditions be found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

9. General Provisions

9.1 Amendments to Terms

Famat Sampling reserves the right to modify these Terms and Conditions at any time. Updated versions will be published on our website, and continued use of our services constitutes acceptance of the revised terms.

9.2 Communication

Official communications from Famat Sampling will be sent via email or through official postal channels. Customers are responsible for maintaining up-to-date contact information and ensuring the receipt of important communications.

9.3 Assignment of Rights

Customers may not assign or transfer their rights or obligations under these Terms and Conditions without prior written consent from Famat Sampling. The company may freely assign its rights and obligations.

9.4 Entire Agreement

These Terms and Conditions constitute the entire agreement between Famat Sampling and its customers, superseding all prior agreements, representations, and understandings, whether written or oral.

9.5 Waiver

Any failure by Famat Sampling to enforce strict compliance with these Terms and Conditions shall not be construed as a waiver of the company’s right to subsequently enforce any provision.

10. Acceptance and Acknowledgment

10.1 Terms Acknowledgment

By accessing our website, purchasing our products, or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

10.2 Contact Information

For any questions or clarifications regarding these Terms and Conditions, please contact:

Famat Sampling SA CH-1933 Sembrancher Switzerland

Email: info@famat-sampling.com
Phone: +41 27 552 11 11

10.3 Effective Date

These Terms and Conditions are effective as of the date of publication on our website.