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Terms for sale of Grundfos Utility Connect

ADDITIONAL TERMS AND CONDITIONS FOR GRUNDFOS UTILITY CONNECT APPLICABLE FOR KEY ACCOUNT CUSTOMERS

These Additional Terms and Conditions for Grundfos Utility Connect applicable for Key Account Customers (the “Additional Terms”) are a part of the agreement (the “Agreement”) between Grundfos Americas Corporation (“Grundfos”) and the Customer, which is qualified as Key Account Customer (“Key Account Customer”), governing Grundfos’ sale and delivery of Grundfos Utility Connect to the Key Account Customer. Grundfos Utility Connect is one of the digital services (“Digital Service(s)”) offered by Grundfos based on the Grundfos iSolutions Cloud (“GiC”).

1.             Terms and Conditions

1.1         The Standard Terms and Conditions for Grundfos Utility Connect (the “Terms”), which has been accepted by the Key Account Customer, and these Additional Terms govern Grundfos’ sale of Grundfos Utility Connect to the Key Account Customer. In the Terms, the term “Customer” refers to the Key Account Customer. The Terms are accessible via this link:
https://www.grundfos.com/legal/grundfos_customer_terms/terms-for-sale-of-grundfos-utility-connect

1.2         In the event of discrepancies, the Additional Terms take precedence before the Terms.

2.             Key Account Customer

2.1         The Key Account Customer may on an ongoing basis purchase subscriptions for the full Grundfos Utility Connect-solution from Grundfos. Unless the Key-Account -Customer is qualified as a Reseller, the Key Account Customer is not authorised to resell subscriptions for Grundfos Utility Connect.

2.2         The subscription period will automatically be initiated when Grundfos accepts the order to the next first day of a month for new subscriptions.

3.             Resellers

3.1         A Reseller is a Key Account Customer, which is authorised by Grundfos with special reseller agreement. A Reseller is authorised to resell the Digital Offerings to its customers (“End-Customer”), subject to these Additional Terms (including this Clause 3).

3.2         The Reseller shall ensure that the Agreement with its End-Customers is subject to terms and conditions, which will not diminish Grundfos’ rights or extent Grundfos’ obligations described in the Terms.

3.3         When Grundfos processes the Reseller’s data, the Reseller acts as data responsible, while Grundfos acts as data processor. When Grundfos processes the End-Customer’s data, the End-Customer acts data responsible, the Reseller acts as data processor, and Grundfos acts as sub-processor. When Grundfos acts as sub-processor, Section C in the Terms, shall be understood so that “data responsible” means the “Reseller” and “data processor” means Grundfos as sub-processor. The Reseller shall ensure that the Data Processing Agreement, which the Reseller enters into with an End-Customer is in line with the Terms. Especially, the Reseller shall not grant any users and/or End-Customers any further rights or accept any further obligations as data processor, than what Grundfos accepts as sub-processor in the Terms.

3.4         The Reseller’s right to resell the Digital Services is revocable, terminable, non-exclusive, non-transferable and it is conditional upon all connected gateways being located in the designated area described in section A of the Terms.  

4.             Fee

4.1         The Key Account Customer pays subscriptions monthly in advance based on the standard yearly fee (1/12). The discount for all subscriptions will be adjusted monthly based on the number of subscriptions as described below and mathematically rounded by two decimals:

Reduction of price pr. subscription  I     0%     I    10%    I   20%    I     30%      I    40%    I    46%   I

Number of subscriptions                    I   0-10    I    11-50   I  51-150  I   151-250  I  251-350 I   351 +   I

 

5.             Termination

5.1         A specific number of subscriptions may at any time be terminated by either party giving not less than five (5) working day’s written notice to the end of of the month in course the subscriptions are terminated.

5.2         Regardless of the cause of termination, a Reseller shall provide Grundfos with a list of its End-Customers, and Grundfos may contact each of them directly to offer them a subscription for Grundfos Utility Connect.

Last updated: 21 March 2022