1. General
1.1 The Grundfos Installer Finder service (the “Service”) is a business offering by Grundfos for installer companies (the “Installer(s)”) to connect them with domestic customers (e.g., homeowners) (the “Customer(s)”) via the Home & Garden website database (the “Database”).
1.2 By submitting the sign-up request form (the “Form”) below, an Installer may apply for inclusion in the Service and, upon approval by Grundfos, may be included in the Database for recommendation to homeowners, usually within 1-2 weeks following the application.
1.3 The Service is offered to legal entities (e.g., companies) only, and not for individual employees of Installers. The representative (e.g., owner or director/manager) of an Installer can apply to be included in the Service on behalf of the Installer via filling out the Form and by accepting these Terms & Conditions.
2. Signing Up to the Service
2.1 By completing and submitting the Form, the Installer undertakes to provide accurate, genuine and up-to-date details about its business data and agrees:
a) to be contacted by Customers who have searched for a professional installer company in the Database relating to the Service;
b) to provide Customers professional advice on the selection, purchase and installation of Grundfos pumps and solutions for their homes; and
c) to refrain from performing any action or conduct that could damage the reputation of Grundfos.
2.2 The Installer acknowledges that filling out the Form does not mean automatic inclusion for the Installer in the Database and that it is in the sole discretion of Grundfos to accept the sign-up request of any Installer. The Installer further acknowledges that it is not entitled to any compensation from Grundfos for its participation in the Service.
3. Removal from the Service
3.1 The Installer may request to be removed from the Database anytime.
3.2 Grundfos, in its sole discretion, is entitled to remove any Installer from the Database with a 15-day notice period.
3.3 Grundfos is entitled to remove any Installer from the Database immediately upon the occurrence of any of the following:
a) the contact information provided by the Installer having become incorrect, thus, the Installer becoming unreachable to Customers;
b) the negative Customer feedback relating to the Installer has the potential to damage the reputation of Grundfos or the conduct of the Installer does not comply with the core values of Grundfos.
3.4 In the event that the Installer is removed from the Database, the Installer:
a) undertakes to complete all ongoing projects/works with which it was engaged through the Service with due and professional care and
b) accepts that it will not be entitled to any kind of compensation from Grundfos for direct or indirect losses including but not limited to loss of profit and loss of business opportunity.
4. Miscellaneous
4.1 To the maximum extent permitted by applicable law, the liability of Grundfos towards an Installer under or in connection with the Service (inclusive of interest as well as legal and other costs), whether in contract, under indemnity, negligence, any other tort or howsoever arising in respect of one incident or series of incidents arising from the same cause (“Liability”) shall be excluded. In case the applicable law does not allow the exclusion of Liability, the aggregate liability of Grundfos shall not exceed USD 100.
4.2 With respect to any Proceeding brought by someone other than an Installer against Grundfos that arises out of or in connection with these Terms & Conditions, the Installer’s participation in or use of the Service (including, but not limited to any service or sale undertaken by an Installer), the respective Installer shall indemnify Grundfos against all Losses arising out of that Proceeding, except to the extent that Grundfos negligently or intentionally caused those Losses. “Proceeding” means any judicial, administrative, or arbitration action, suit, claim, investigation, or another proceeding. “Losses” mean any litigation expenses (including any reasonable out-of-pocket expense incurred in defending a proceeding or in any related investigation or negotiation) and any loss (including any amount awarded in, or paid in settlement of, any Proceeding).
4.3 These Terms & Conditions, and any dispute or claim arising out of or in connection with it or its formation (including non-contractual disputes or claims) are governed by and constructed in accordance with the laws of Texas, excluding its provisions on choice of law or principles thereof which may cause the application of the laws of another state. The Federal and state courts of Texas have exclusive jurisdiction to settle any dispute or claim (including non-contractual) that arises out of, or in connection with, these Terms & Conditions or its formation.