Terms & Conditions

General

Gimbel Automation is a Doing Business As (DBA) for Gimbel Group LLC. All sales and transactions are invoiced and paid through Gimbel Group LLC. In order to purchase or use Gimbel Group LLC’s products and services, you are required to agree to our Terms & Conditions. The terms “Gimbel Group”, “Gimbel Automation”, “Company”, “we”, “us”, and “our” refer to Gimbel Group LLC. Gimbel Group offers its websites (GimbelAutomation.com, GimbelAviation.com, and any others) and various services subject to this agreement. The term “Customer” refers to a buyer, purchaser, or potential buyer or purchaser, or company in some way doing business with the Company.

Through using one or more of our websites and/or products or services, you agree to be bound by our Terms & Conditions. These Terms & Conditions apply to all users of our sites or services, including but not limited to vendors, browser users, customers, and merchants.

We reserve the right to deny our sites or services to anyone for any reason. It is your responsibility to check this page for changes to our Terms & Conditions.

 

Stocked Product Warranty

Gimbel Automation offers a 30-day, limited warrantee on all its Stocked Products (a “Stocked Product” is defined as any Gimbel Automation product that is listed in-stock and available on GimbelAutomation.com that is not in Beta Testing with a retail value below $2,500 per item). This warrantee is against manufacturer defects only. In the case that the Customer has a faulty product, it is the Customer’s responsibility to contact the Company, through email at sales@gimbelautomation.com.

In most cases, the Company will do the following:

  • Issue a Return Merchandise Authorization (RMA) for the customer to send out
  • Send the Customer one of the following, at its own discretion
    • A replacement equivalent or better product. The replacement product may use used or worn parts, or be a repair of the product sent in by the Customer
    • A refund for the original purchase value

Although incredibly rare, the Company retains the right to subject warranty replacements or refunds to a 20% restocking fee. This restocking fee is generally only applied in very specific scenarios, such as severely damaged product for which we have decided to accept a return.

Some products are not eligible for our standard warranty and return process. These include our Auto-Doors, Conveyor Loading System, and custom products developed for a customer application.

Returns

Gimbel Automation offers a limited 30-day return window on Stocked Products only. Custom orders and Turnkeys are not eligible for changes or cancellations except by the Company's sole discretion.

In the case that the Customer would like a return, it is the Customer’s responsibility to contact the Company, through email at sales@gimbelautomation.com.

In most cases, the Company will do the following:

  • Issue a Return Merchandise Authorization (RMA) for the customer to send out
  • Receive and inspect the returned merchandise
  • Finalize refund approval or denial
  • Issue refund amount to customer

Returned merchandise must be in working condition (free from heavy scratches, or dents, or signs of abuse) to be eligible for a refund. In the very rare case that we reject a refund, the Company will ship the merchandise back at the Customer's expense.

Although incredibly rare, the Company retains the right to subject warranty replacements or refunds to a 20% restocking fee. This restocking fee is generally only applied in very specific scenarios, such as severely damaged product for which we have decided to accept a return.

 

Turnkeys and Custom Orders

Gimbel Automation offers a variety of services, including product sales, custom orders, and the design, install, and/or implementation of automation solutions. Custom orders and orders that involve any level of custom design or engineering work are known as “Turnkeys”. Turnkeys can vary in complexity from the design and manufacture of a simple adapter plate, through complex multi-system robotic automation cells for CNC machinery.

Due to the broad range of Turnkey orders, Gimbel Automation has a variety of different billing structures associated with Turnkey orders. In most cases, the Company collects a 50% upfront non-refundable deposit in order to start work on the Turnkey. The remaining 50% final payment is usually due before the completion of the project. In most but not all cases, this 50% final payment is due when the Company demonstrates to the customer that the turnkey system is operational. This demonstration is usually a test demonstration of the equipment installed on Gimbel Automation machines showing operability, and usually shown to the customer virtually (through video, Zoom, or Google Meets, for example).

In many cases, Gimbel Automation will require up to full payment in advance of install. This can happen for a variety of reasons, including but not limited to:

  • Unclear machine configuration or communication from customer
  • Company personnel arriving on Custom Location to find machinery in a state other than “Ready to Install” (see: Install as Part of a Turnkey)
  • Unusual or difficult customer requirements
  • Early release of physical or digital goods to customer

In some very rare cases, a Turnkey deposit may be collected from the Customer, but the Company opts not to complete the installation process due to a Customer's non-compliance with our Turnkey process. The Company retains this right on all Turnkey orders and is under no obligation to refund the initial deposit.  In this very rare scenario, the Company virtually always operates at a loss and cannot offer refunds on the labor-intensive process of designing custom solutions for the Customer. 

The acceptance of a Turnkey deposit followed by the Company's cancellation of final install is very rare and generally only happens due to one of the following reasons:

  • Customer refusal to pay final payment for Turnkey project
  • Customer machinery found to be in a state other than “Ready for Install” on more than one occasion (see: Install as Part of a Turnkey)
  • Customer consistently changing project requirements to an unreasonable degree
  • Safety concerns (for instance, the Customer would like to install an industrial robot without the required Safety fencing in place)

Gimbel Automation does not offer refunds, returns, exchanges, or partial refunds on any part of a Turnkey or custom order, even in cases where that part of the Turnkey order is a Stocked Product. In most cases,  Gimbel Automation’s profit margins are dependent on the sale of said Stocked Product as part of the Turnkey’s overall sale, and therefore such stocked items are not eligible for the same return, exchange, or refund as items that are purchased that are not part of a Turnkey.

Gimbel Automation, may, at its sole discretion, offer refunds, exchanges, or other potential remedies above and beyond what is required by these Term and Conditions for Turnkey and Custom Orders.

 

Installation as Part of a Turnkey

As part of a Turnkey, Gimbel Automation may offer to install its own or another manufacturer’s equipment for an additional fee or as part of a Turnkey Package. In most cases, this equipment is installed on CNC machinery or robotics equipment. For Gimbel Automation to come to the customer’s location, the machinery that is being worked on must have the following attributes to be considered “Ready-for-Install”:

  • Been installed and tested by trained installation technicians
  • Have an on-site operator who can properly run the equipment
  • Have adequate and properly installed (up to local code) electricity and pneumatic (air sources)
  • Have adequate clearance and access to all doors and panels (generally 3’ on all sides of machinery)

Note that any machinery involved in the install must be in the "Ready-for-Install" state. For instance, if we are conducting an installation on two machines at your location and only one is Ready-for-Install, we reserve the right to terminate the install process until the customer has all machines Ready-for-Install.

If Gimbel Automation sends personnel to work on an install as part of a Turnkey package and equipment is not “Ready-for-Install”, then Customer is entirely responsible for the following:

  • Getting equipment to a Ready-to-Install state
  • Proving that equipment is Ready-to-Install before rescheduling install with the Company
  • Rescheduling with Gimbel Automation for installation
  • Paying an additional installation fee, equal to the greater of the following:
    • $1500 per day per Company install employee on-site
    • an additional 100% of the original installation surcharge

 

Indemnification

You agree to indemnify, defend, and hold harmless Gimbel Group LLC and our partners, vendors, subsidiaries, officers, employees/interns, directors, agents, contractors, and licensors from any claim or demand, including reasonable attorneys’ fees, made by you or any third party.

We shall not be liable for any failure to perform our obligations herein or for the failure of our products and services including, without limitation, mechanical, electronic, or communications failure of degradation. You agree that it is your sole responsibility to ensure that our products are in good operating condition. In the case of building-installed products such as architectural and signage products, you agree that Gimbel Group LLC is not responsible for the integrity of the mounting to the building, the building itself, the electrical wiring, or the integrity of the installed product. You agree to have any installations that require electrical work be completed by a certified electrician.

Due to the customized nature of our products and services, it is your sole responsibility to ensure that the products or services provided by Gimbel Group LLC meet your needs and specifications. You agree to indemnify Gimbel Group LLC for the degradation or failure of any product installed or produced by us.

You maintain sole legal responsibility for the design specifications and performance of the product or service and agree to indemnify Gimbel Group LLC from damages. Beyond our Stocked Product limited 30-day warrantee against manufacturer defects, Gimbel Group LLC does not offer any warranty of any products or services or guarantee that the products or services are suited to any particular use. Beyond our limited warranty, we do not warrant the longevity or integrity of any manufactured product. In no case shall Gimbel Group LLC, or our partners, vendors, subsidiaries, officers, employees/interns, directors, agents, contractors, and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Governing Law

These Terms & Conditions shall be governed and construed in accordance with the laws of the state of California.

 

Severability

In the event that any portion of these Terms & Conditions shall be determined to be unenforceable, the remainder of this Agreement shall be enforced to the fullest extent possible and the unenforceable portion shall be amended by a court of competent jurisdiction, or otherwise thereafter shall be interpreted, to reflect as nearly as possible the parties’ intent. In the event that any portion of this Agreement is determined by any court of competent jurisdiction to be unenforceable by reason of excessive scope as to geographic, temporal, or functional coverage, such portion shall be deemed to extend only over the maximum geographic, temporal, and functional scope as to which it may be enforceable. If such amendment or interpretation is not possible, the unenforceable portion will be severed from the remainder of this Agreement and the remainder of this Agreement shall be enforced to the fullest extent.

 

Changes to Terms and Conditions

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting changes to our website(s). It is your responsivity to check our website(s) for changes.