General
Information
The facts and the
recommendations
made in this publication are based on our own research and the
research
of others, and are believed to be accurate.
We cannot anticipate all
conditions
under which this information and our products, or the products of
other
manufacturers in combination with our products, may be used. Users are
advised to make their own tests to determine the safety and
suitability
of each such product or product combination for their own purposes.
Copyright
& Trademark Information
Copyright © 2000 National
Plastic Heater, Sensor & Control Inc., (NPH). All rights reserved.
Except as otherwise indicated
elsewhere in this web site, with respect to particular portion, file,
or documents is hereby authorized to view, copy, print, and distribute
this document subject to the following conditions:
- The document may be
used for informational, non-commercial purposes only.
- Any copy of the document
or portion thereof must include this copyright notice.
- NPH reserves the right
to revoke such authorization at any time, and any such use shall be
discontinued upon written notice from NPH.
Warranties
and Disclaimers
This web site is provided "as is" without warranty of any
kind, either expressed or implied, including, but not limited to, the
implied warranties, merchantability, fitness for a particular purpose,
or non-infringement. NPH assumes no responsibility for errors or
omissions
in this web site or other documents which are referenced by links from
this web site.
References to corporations, their services and products, are provided
"as is" without warranty of any kind, either expressed or
implied. In no event shall NPH be liable for any special, incidental,
indirect, consequential damages of any kind, or any damages
whatsoever,
including without limitation, those resulting from loss of use, data,
or profits, whether or not advised of the possibility of damage, and
on any theory of liability, arising out of or in connection with the
use or performance of the information.
This web site could include technical or other inaccuracies of
typographical
errors. Changes are periodically added to the information herein;
these
changes will be incorporated in new editions of the publication. NPH
may make improvements and/or changes in the product(s) and/or the
program(s)
described in this web site at any time.
Should you or any viewer of this publication respond with information,
feedback, data, questions, comments, suggestions or the like regarding
the content of any NPH publication, any such response shall be deemed
to be confidential and NPH shall be free to reproduce, use, disclose
and distribute the response to others without limitation. You agree
that NPH shall be free to use any ideas, concepts or techniques
contained
in your response for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products incorporating
such
ideas, concepts or techniques.
Terms
of Sale
1.
GENERAL – Acceptance:
All quotations are valid for forty-five days unless otherwise stated.
The nature of our business is such that we handle a large number of
orders, many of, which specify terms and conditions that would add to,
or differ from those set forth herein. To negotiate individually with
respect to these terms and
conditions, which may vary from customer to customer, would seriously
interfere with our service to all our
customers. Consequently,
notwithstanding any terms
or conditions that may appear on the Buyer's purchase order NPH
products
are offered for sale only on the conditions and terms contained
herein.
National Plastic Heater, Sensor & Control Inc., (NPH) is herein
referred to as the "Seller" and the customer or person or
entity purchasing products ("Products") from Seller is referred
to as the "Buyer." These Terms and Conditions, any price list
or schedule, quotation, acknowledgment or invoice from Seller relevant
to the sale constitute the complete and exclusive statement of the
terms
of the agreement governing the sale of Products by Seller to Buyer.
Buyer’s acceptance of the Products will manifest Buyer’s assent
to these terms and conditions. Seller reserves the right in its sole
discretion to refuse orders.
2. PRICES
AND TAXES - All prices
are subject to change by Seller without notice. All prices specified
herein are exclusive of any costs of any sales, use, value added,
excise,
gross receipts, business and occupation or similar present or future
taxes imposed by any governmental body on the sale, delivery, use or
other handling of the Products or in connection with any related or
contemplated transactions.
3. EXCUSE
OF PERFORMANCE - Seller
shall not be responsible for non-performance or delays in performance
due to acts of God; acts of Buyer; war; fire; flood; weather;
sabotage;
strikes or labor disputes; civil disturbances or riots; governmental
requests, restrictions, allocations, laws, regulations, orders or
actions;
unavailability of or delays in transportation; default of suppliers;
or unforeseen circumstances or any events or causes beyond Seller’s
reasonable control. Deliveries or other performance may be suspended
for an appropriate period of time or canceled by Seller upon notice
to Buyer in the event of any of the foregoing, but the balance of the
agreement shall otherwise remain unaffected as a result of the
foregoing.
If Seller determines that its ability to supply the total demand for
the Products, or to obtain material used directly or indirectly in the
manufacture of the Products, is hindered, limited or made
impracticable
due to causes set forth in the preceding paragraph, Seller may
allocate
its available supply of the Products or such material (without
obligation
to acquire other supplies of any such Products or material) among
itself
and its purchasers on such basis as Seller determines to be equitable
without liability for any failure of performance which may result
therefrom.
4. WARRANTY - Subject to the limitations of Section
5, Seller warrants that the Products manufactured by Seller will be
free from defects in material and workmanship under normal use and
regular
service and maintenance for a period of one (1) year from the date of
shipment of the Products by Seller, unless otherwise specified by
Seller
in writing. Products purchased by Seller from a third party for resale
to Buyer shall carry only the warranty extended by the original
manufacturer.
THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER WITH RESPECT
TO THE PRODUCTS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE,
INCLUDING
WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE
WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN
SPECIFICATIONS,
DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER’S PRODUCTS ARE
SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE
OR PURPOSE.
This warranty does not extend
to any losses or damages due to misuse, accident, abuse, normal wear
and tear, Buyer’s negligence, unauthorized modification or alteration,
use beyond rated capacity, or improper installation, maintenance or
application. NPH does not warrant any products against damage from
corrosion,
contamination, misapplication, improper specification or operating
conditions
beyond our control. Further, since NPH has no control over the
use and sometimes misuse of the heaters, we cannot guarantee against
burnouts. To the extent that Buyer or its agents has supplied
specifications,
information, representation of operating conditions or other data to
Seller in the selection or design of the Products and the preparation
of Seller’s quotation, and in the event that actual operating
conditions
or other conditions differ from those represented by Buyer, any
warranties
or other provisions contained herein which are affected by such
conditions
shall be null and void. If within thirty (30) days after Buyer’s
discovery
of any warranty defects within the warranty period or within ten (10)
days for quantity discrepancies, Buyer notifies Seller thereof in
writing,
Seller shall, at its option, repair, correct or replace F.O.B. point
of manufacture, or refund the purchase price for that portion of the
Products found by Seller to be defective or missing. Failure by Buyer
to give such written notice within the applicable time period shall
be deemed an absolute and unconditional waiver of Buyer’s claim for
such defects or shortages. Products repaired or replaced during the
warranty period shall be covered by the foregoing warranty for the
remainder
of the warranty period or ninety (90) days from the date of shipment,
whichever is longer. Buyer assumes all other responsibility for any
loss, damage, or injury to persons or property arising out of,
connected
with, or resulting from the use of Products, either alone or in
combination
with other products/components.
5. LIMITATION
OF REMEDY AND LIABILITY
- THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER
(OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 6) SHALL BE LIMITED
TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE
UNDER SECTION 6.
SELLER SHALL NOT BE LIABLE
FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS
OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED ON
CONTRACT,
INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE),
SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE
PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCTS PROVIDED BY SELLER
GIVING
RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT
SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO
INCLUDE
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
The term "consequential damages" shall include, but not be
limited to loss of anticipated profits, business interruption, loss
of use or revenue, cost of capital or loss or damage to property or
equipment.
6. PATENTS - Subject to the limitations of the second
paragraph of Section 5, Seller warrants that the Products sold, except
as are made specifically for Buyer according to Buyer’s
specifications,
do not infringe any valid Canadian patent or copyright in existence
as of the date of shipment. This warranty is given upon the condition
that Buyer promptly notifies Seller of any claim or suit involving
Buyer
in which such infringement is alleged and cooperates fully with Seller
and permit Seller to control completely the defense, settlement or
compromise
of any such allegation of infringement. Seller’s warranty as to use
patents only applies to infringement arising solely out of the
inherent
operation, according to Seller’s specifications and instructions of
such Products. In the event such Products are held to infringe such
a Canadian patent or copyright in such suit, and the use of such
Products
in enjoined, or in the case of a compromise or settlement by Seller,
Seller shall have the right, at its option and expense, to procure for
Buyer the right to continue using such Products, or replace them with
non-infringing Products, or modify same to become non-infringing, or
grant Buyer a credit for the depreciated value of such Products and
accept return of them. In the event of the foregoing, Seller may also,
at its option, cancel the agreement as to future deliveries of such
Products without liability.
7. SPECIAL
TOOLING - Not
withstanding
any tool, die or pattern charges, all tooling and related items shall
be and remain the property of Seller.
8. SHIPMENT
AND DELIVERY
- Shipments are made F.O.B. Seller’s shipping point. Risk of loss
of damage and responsibility shall pass from Seller to Buyer upon
delivery
to and receipt by carrier. Any claim for shortages or damages suffered
in transit is the responsibility of Buyer and shall be submitted by
Buyer directly to the carrier. Shortages or damages must be
acknowledged
and signed for at the time of delivery. While Seller will use all
reasonable
commercial efforts to maintain the delivery date(s) acknowledged or
quoted by Seller, all shipping dates are approximate and not
guaranteed.
Seller reserves the right to make partial shipments. Seller, at its
option, shall not be bound to tender delivery of any Products for
which
Buyer has not provided shipping instructions. If the shipment of the
Products is postponed or delayed by Buyer for any reason, Buyer agrees
to reimburse Seller for any and all storage costs and other additional
expenses resulting therefrom.
9. TERMS
OF PAYMENT - Unless
otherwise
specified by Seller, terms are net thirty (30) days from date of
Seller’s
invoice in USD (US denomination) or currency. Seller accepts most
major
credit cards for payment towards purchase orders. In the event Seller
accepts a credit card as a deposit towards a purchase order and Seller
extends credit to the Purchaser for a maximum of 30 days (Net 30 days)
for the balance owing, the Purchaser agrees to allow the Seller as a
remedy to use the Purchaser’s credit card (which is or may be on the
Sellers records from time to time) to receive the balance or funds
that
are thirty (30) days or more past due on any purchase the Purchaser
makes. Seller shall have the right, among other remedies,
either
to terminate this agreement or to suspend further performance under
this and/or other agreements with Buyer in the event Buyer fails to
make any payment when due, which other agreements Buyer and Seller
hereby
amend accordingly. Buyer shall be liable for all expenses, including
interest at 2% per month (24% per annum), attorney’s and collection
fees relating to the collection of past due amounts. Should Buyer’s
financial responsibility become unsatisfactory to Seller, cash
payments
or security satisfactory to Seller may be required by Seller for
future
deliveries and for the Products theretofore delivered. If such cash
payment or security is not provided, in addition to Seller’s other
rights and remedies, Seller may discontinue deliveries.
10. RETURNS
AND CANCELLATIONS - In
the event Buyer desires to return Products, prior written return
material
authorization (RMA) approval of an authorized representative of Seller
at Seller’s home office located at Schomberg, Ontario, Canada is
required.
In the event of approval of a return request; (i) any allowed outgoing
prepaid freight costs will apply, (ii) all returns must be shipped
freight
prepaid at Buyer’s expense, and (iii) Buyer must pay Seller’s return
and restocking charge. Buyer may cancel orders only for “stock”
and/or other “off the shelf” products but not for “custom
manufactured”
products once manufacturing has begun and upon reasonable advance
written
notice from Buyer and upon Seller’s written approval and payment to
Seller of Seller’s cancellation charges which include, among other
things, all costs and expenses incurred, and, to cover commitments
made,
by the Seller and a reasonable profit thereon. Seller’s determination
of such return and cancellation charges shall be conclusive.
11. GENERAL
PROVISIONS - These terms
and conditions supersede all other communications, negotiations and
prior oral or written statements regarding the subject matter of these
terms and conditions. No change, modification, rescission, discharge,
abandonment, or waiver of these terms and conditions shall be binding
upon the Seller unless made in writing and signed on its behalf by a
duly authorized representative of Seller. No conditions, usage of
trade,
course of dealing or performance, understanding or agreement
purporting
to modify, vary, explain, or supplement these terms and conditions
shall
be binding unless hereafter made in writing and signed by the party
to be bound, and no modification or additional terms shall be
applicable
to this agreement by Seller’s receipt, acknowledgment, or acceptance
of purchase orders, shipping instruction forms, or other documentation
containing terms at variance with or in addition to those set forth
herein. No waiver by either party with respect to any breach or
default
or of any right or remedy, and no course of dealing, shall be deemed
to constitute a continuing waiver of any other breach or default or
of any other right or remedy, unless such waiver be expressed in
writing
and signed by the party to be bound. All typographical or clerical
errors
made by Seller in any quotation, acknowledgment or publication are
subject
to correction.
Warranty
& Limitation of Remedy & Liability
The validity, performance, and
all other matters relating to the interpretation and effect of this
agreement shall be governed by the law of the province of Ontario,
Canada.
Buyer and Seller agree that the proper venue for allocations arising
in connection herewith shall be only in Ontario and the parties agree
to submit to such jurisdiction. No action, regardless of form, arising
out of transactions relating to this contract, may be brought by
either
party more than two (2) years after the cause of action has accrued.
National Plastic Heater, Sensor
& Control Inc., (NPH) - warrants only that the Products and
parts manufactured by NPH, when shipped, and the work performed by NPH
when performed, will meet all applicable specification and other
specific
product and work requirements (including those of performance), if
any,
and will be free from defects in material and workmanship under normal
conditions of use. All claims for defective or nonconforming (both
hereinafter
called defective) Products, parts or work under this warranty must be
made in writing immediately upon discovery, and in any event, with one
(1) year from delivery, provided, however all claims for defective
Products
and parts must be made in writing no later than eighteen (18) months
after shipment by NPH. Defective and nonconforming items must be held
for NPH’s inspections and returned to the original f.o.b. point upon
request. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES
WHATSOEVER, EXPRESSED, IMPLIED AND STATUTORY, INCLUDING, WITHOUT
LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Notwithstanding the provisions
of this WARRANTY AND LIMITATION Clause, it is specifically understood
that Products and parts not manufactured and work not performed by NPH
are warranted only to the extent and in the manner that the same are
warranted to NPH by NPH’s vendors, and then only to the extent that
NPH is reasonably able to enforce such warranty, it being understood
NPH shall have no obligation to initiate litigation unless Buyer
undertakes
to pay all cost and expenses therefore, including but not limited to
attorney’s fees, and indemnifies NPH against any liability to NPH’s
vendors arising out of such litigation. Upon Buyer’s submission of
a claim as provided above and its substantiation. NPH shall at its
option
either (i) repair or replace its Products, parts or work at the
original
f.o.b. point of delivery, or (ii) refund an equitable portion of the
purchase price.
THE FOREGOING IS NPH’S ONLY
OBLIGATION AND BUYER’S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, AND
IS BUYER’S EXCLUSIVE REMEDY AGAINST NPH FOR ALL CLAIMS ARISING
HEREUNDER
OR RELATING HERETO WHETHER SUCH CLAIMS ARE BASED ON BREACH OF
CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES.
BUYER’S FAILURE TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY
WAIVE ALL CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT
LIMITED
TO CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT SHALL BUYER BE ENTITLED
TO INCIDENTAL OR CONSEQUENTIAL DAMAGES AND BUYER SHALL HOLD NPH
HARMLESS
THEREFROM. ANY ACTION BY BUYER ARISING HEREUNDER OR RELATING HERETO,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY) OR OTHER THEORIES MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE DATE OF SHIPMENT OR IT SHALL BE BARRED.
Privacy
Statement
National
Plastic
Heater, Sensor & Control Inc., (NPH) Privacy Statement
NPH respects your privacy. NPH does not sell, rent, or loan any
identifiable
information regarding its customers to any third party. Any
information
you give us is held with the utmost care and security and is only used
to facilitate your business relationship with NPH.
Information
Collection
NPH will explicitly ask when they need information that personally
identifies
you or allows them to contact you ("Personal Information").
Generally this information is requested when registering for the site,
requesting a particular service, making a purchase, communicating with
NPH, or entering a giveaway or sweepstakes. Examples of such
information
are: name, postal address, e-mail address, phone number, industry,
channel,
and product interests.
Use of
Information
NPH, in many parts of the world, utilizes a representative network for
best meeting your personal needs on a local level. These
representative
companies have access to much of the same information as NPH
concerning
customer-specific information. As a result, for the exclusive purposes
of privacy issues and access to personal information, these
representatives
are not considered to be a third party, but rather, are considered to
be part of the NPH organization in order to provide you with a higher
level of service.
The Personal Information
described
above will be collected by NPH and any of its direct representative
organization. Personal Information is used by NPH to assist in serving
you more effectively. Personal Information is also used by NPH to
improve
the content of our Internet System, to customize the content and/or
layout of our pages for each individual customer, to notify customers
about updates to our website, and/or to contact customers for
marketing
purposes.
NPH may sell or share
non-personal
aggregate, or summary, information regarding its customers with
partners
or other third parties, but NPH does not sell or share any information
at the individual customer level.
NPH may disclose Personal
Information
if required to do so by law or in the good-faith belief that such
action
is necessary to (a) conform to the edicts of the law or comply with
legal process served on NPH or the NPH Internet System; (b) protect
and defend the rights or property of NPH, the site or the users of the
NPH Internet System, and (c) act under exigent circumstances to
protect
the personal safety of users of NPH, the NPH Internet System or the
public.
Reviewing and
Updating Information
Whenever possible, NPH will provide you with the means to ensure that
your Personal Information is correct and current. You may update your
contact information at 877-674-9744.
To request that your Personal
Information be removed from NPH's database, or to request that NPH no
longer solicit you either by e-mail, telephone, regular mail or by any
other means, please contact NPH directly at 877-674-9744 and request
any such action. Please be sure to provide us with your exact e-mail
address, name, address and/or telephone number(s) in order to be sure
we handle your request correctly.
Cookies
NPH uses a feature of your Web browser called a "cookie" to
assign a unique identification to your computer. Cookies are files
that
your Web browser places on your computer's hard drive. NPH creates and
then uses these cookie files to track your clicks as you go through
the NPH Web site.
Currently, NPH uses cookies to
keep track of usage statistics, to tell us whether you have visited
previously, and to help us determine whether you came from a
particular
Internet link or banner advertisement.
Cookies may also be used to help
to save and retrieve information used on the NPH site such as contact
information, preferences, saving you from having to re-enter this
information
upon every visit to the NPH Internet System. Cookies cannot be used
by NPH to retrieve any personal information about you. NPH does not
and cannot use cookies to retrieve personal information about you from
your computer unless such information was knowingly and willingly
provided
by you.
Activity
Logging
The NPH Internet System, as do most all Internet sites, writes to a
log file common activity information such as IP addresses and browser
types for systems administration purposes. These logs will be analyzed
to constantly improve the value of the materials available to you on
the website.
Contact Us
We use email links located on the "contact information" and
“profile” page to allow you to contact us directly with any questions
or comments you may have. We read every message sent in and try to
reply
promptly to every one. This information is used to respond directly
to your questions or comments. We may also file your comments to
improve
the site and program, or review and discard the information. Your
personal
information is only shared with third parties with your explicit
permission.
If at any time you believe that
a NPH site has not adhered to these principles, please notify NPH and
we will use all commercially reasonable efforts to promptly determine
and correct the problem.
Modification
of this Privacy Statement
NPH reserves the right, at its discretion, to change, modify, add, or
remove portions of this policy at any time. Please check this page
periodically
for changes. By using this site, you are agreeing to the terms set
forth
in NPH's Privacy Policy. Your continued use of this site following the
posting of changes to these terms will mean that you accept those
changes.
Linking
Policy Statement
User Policy
- Outbound Linking Policy Statement:
Any link, (including hyperlinks, buttons or referral devices of any
kind) used on this or any other National Plastic Heater, Sensor &
Control Inc., (NPH) web page(s) is provided for the use and
convenience
of the visitor. The appearance of a link on this or any other NPH web
page(s) does not constitute an endorsement, recommendation, or
certification
by NPH, nor should the presence of a link in any way be construed as
a suggestion that the site has any relationship with NPH.
So You Want
to Link to National Plastic Heater, Sensor & Control
Inc., (NPH) Web Pages?
NPH encourages links to our pages, and many people have asked for a
logo to use as a link. To ensure proper usage of our trademark/brand
identity, we've presented one of them below for use in linking to our
pages. All we ask is that you agree to follow a few simple rules when
using our linking trademark/brand identity. If you have any questions,
or have a proposed use that is not in strict conformance with these
policies, please contact nph@nphheaters.com who will forward the message to the
appropriate
person.
1. The below NPH linking trademark/brand
identity (the "Logo") may only be used as a link to NPH homepage
(www.nphheaters.com)
and for no other purpose. It may not link to other
pages on your Web site, or to a third party Web site. You may not give
the Logo to anyone else. This agreement also incorporates linking to
www.nphheaters.com,
however, NPH prefers that linking be done directly
to www.nphheaters.com.
2. You agree and acknowledge that this is
not a "trademark license" by which you are in any way using
the Logo to indicate origin of any product or service you offer.
3. You agree not to alter the Logo in any
manner, including proportions, colors, elements, etc., or to animate,
morph or otherwise distort its perspective or two-dimensional
appearance.
4. Do not use any of NPH names, logos, designs,
slogans, or product trademark, or any other words or codes identifying
NPH web sites in any "metatag" or other information used by
search engines or other information location tools to identify and
select
sites, without NPH’s express written permission for a particular use.
5. You agree not to use the Logo on any site
that disparages NPH or its products or services, infringes on NPH
intellectual
property or other rights, or violates any state, federal or
international
law. Your use of the Logo must be truthful and not misleading. You
agree
not to use the Logo to imply any relationship with, or endorsement or
sponsorship by NPH that is not true.
6. You agree not to display the Logo in a
manner which displays it in a negative light, disparages it, or uses
it in connection with immoral materials or any other way that detracts
from the good taste and family values represented by NPH.
7. You agree not to use the Logo as a predominant
feature on your Web site. This means (at a minimum) that it must
appear
smaller than your Web page title and your company logo, it may not be
displayed larger or more prominently than other company logos on your
page, and it should not appear at the top of the page, but rather at
the bottom, along the sides, or in some location less prominent than
the top.
8. You agree to display the Logo by itself.
You agree not to use the Logo as a feature or design element of any
other logo or any other name or trademark. However, subject to these
conditions of use, other company logos may appear on the same Web
page.
9. You agree to link only to the home page/first
page of this site (www.nphheaters.com).
Please do not incorporate any
content from this site into your site (e.g., by in-lining or framing).
Framing or in-lining is an infringement on the Copyright of NPH.
10. Unless required to use more specific trademark
attribution language by any license or agreement you may have from
NPH,
you agree to use the following language on the page where the Logo
appears
or where there are other legal notices:
"National Plastic Heater, Sensor & Control Inc., the NPH logo
and the NPHHEATERS web link are trademarks or registered trademarks
of National Plastic Heater, Sensor & Control Inc."
11. NPH reserves the right to approve or disapprove
the use of the Logo on your Web page (size, surrounding text, etc.)
to ensure that it complies with these policies.
12. This Agreement applies only to Web pages,
and not to other uses, such as documentation, product packaging,
or other advertising or marketing materials.
13. You agree and acknowledge NPH rights in
the Logo and agree not to adopt, use, register, or attempt to register
anywhere in the world any logo or trademark confusingly similar to the
Logo. You agree that you will not at any time do or cause to be done,
or fail to do or cause to be done, any act or thing, directly or
indirectly,
contesting or in any way impairing NPH right, title or interest in the
Logo. You agree that use of the Logo shall inure to the benefit of
NPH.
If you happen to obtain rights in the Logo, you agree to give such
rights
back to NPH.
14. NATIONAL PLASTIC HEATER, SENSOR &
CONTROL INC. DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED
BY LAW REGARDING THE LOGOS, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
YOU AGREE TO INDEMNIFY NPH FROM AND AGAINST ALL CLAIMS AND LIABILITIES
ARISING OUT OF YOUR USE OF THE LOGO.
15. NPH reserves the right in its sole discretion
to modify or terminate permission to use the Logo at any time. NPH
reserves
the right to take action against any use that does not conform to the
terms of this Agreement, infringes any NPH intellectual property or
other right, or violates other applicable law.
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