Terms and Conditions of use

1. Acceptance of Terms

Welcome to the website of FOCKE & CO., Inc. (“FOCKE & CO. USA“, “we”, “us”, or “our”), an affiliate of FOCKE & CO. (GmbH & CO KG) (FOCKE Germany). By accessing, browsing, or using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use (“Terms”) and to comply with all applicable U.S. laws and regulations. If you do not agree to these Terms, you must immediately cease using this Site.

2. Scope of Commercial Purpose (B2B)

This Site is designed strictly for business-to-business (B2B) commercial purposes in the US, providing information regarding our high-speed, automated packaging machinery, engineering solutions, and local manufacturing technical services based in Whitsett, North Carolina. By submitting information through this site, you represent that you are acting solely in your capacity as an employee, owner, director, officer, or contractor of a business entity. Our machinery is used in a wide variety of industries, including food and beverage, pharmaceuticals and cigarette manufacturing. As such, the website should not be used by anyone under the age of 21. No consumer transactions or retail sales are conducted through this Site.

3. Intellectual Property Rights

All content, features, and functionality on this Site—including but not limited to text, graphics, engineering schematics, industrial design renders, logos, trademarks, and corporate branding—are the exclusive property of FOCKE Germany or FOCKE & CO. USA, protected under both United States and international copyright, trademark, patent, and intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access the Site for internal commercial inquiry purposes only. You may not reproduce, distribute, modify, or reverse-engineer any product designs or digital media from this Site without explicit written authorization.

4. Disclaimer of Warranties

THE SITE AND ALL CONTENT PROVIDED HEREIN ARE DISCLOSED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE UNITED STATES LAW. FOCKE & CO. USA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SPECIFICATIONS OF INDUSTRIAL MACHINERY DISPLAYED ARE AT ALL TIMES CURRENT, UNINTERRUPTED, OR FREE OF TECHNICAL ERROR.

5. Limitation of Liability

IN NO EVENT SHALL FOCKE & CO. USA, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFIC MACHINE PERFORMANCE AND PROCUREMENT GUARANTEES ARE EXCLUSIVELY GOVERNED BY FORMAL B2B SALES AGREEMENTS AND NOT BY ANY CONTENT DISPLAYED ON THIS WEBSITE.

6. Governing Law and Jurisdiction

These Terms shall be governed by, interpreted, and enforced in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms that is not subject to arbitration shall be brought exclusively in the state or federal courts located in or serving Guilford County, North Carolina.

7. Mandatory Arbitration & Class Action Waiver

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU AGREE THAT ANY ARBITRATION PROCEEDING SHALL TAKE PLACE INDIVIDUALLY; CLASS ARBITRATIONS AND CLASS ACTIONS ARE STRICTLY WAIVED AND NOT PERMITTED.