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Submitted URL: http://www.iewc.com/terms-and-conditions
Effective URL: https://www.iewc.com/terms-and-conditions
Submission: On May 18 via manual from CA — Scanned from CA
Effective URL: https://www.iewc.com/terms-and-conditions
Submission: On May 18 via manual from CA — Scanned from CA
Form analysis 7 forms found in the DOM
<form class="search__form ng-pristine ng-valid" data-hs-cf-bound="true">
<div class="search-input">
<label for="criteria">Search</label>
<span tabindex="-1" role="presentation" class="k-widget k-autocomplete k-header isc-searchAutoComplete tst_header_searchInput ng-pristine ng-untouched ng-valid k-state-default ng-empty" style=""><input ng-model="vm.criteria" type="text"
class="isc-searchAutoComplete tst_header_searchInput ng-pristine ng-untouched ng-valid k-input ng-empty" ng-init="vm.autocompleteOptions.placeholder = 'What are you looking for?';
vm.translations = [
{key: 'category', text: 'Categories'},
{key: 'content', text: 'Content'},
{key: 'product', text: 'Products'},
{key: 'brand', text: 'Brands'},
{key: 'manufacturerItemNumber', text: 'MFG #'},
{key: 'partNumber', text: 'Part #'},
{key: 'customerPartNumber', text: 'My Part #'}]" kendo-auto-complete="" k-options="vm.autocompleteOptions" isc-enter="vm.onEnter()" name="criteria" ng-blur="vm.startAutocomplete()"
onfocus="$(this).data('kendoAutoComplete').search()" data-role="autocomplete" placeholder="What are you looking for?" autocomplete="off" role="textbox" aria-haspopup="true" aria-disabled="false" aria-readonly="false" aria-autocomplete="list"
aria-owns="" style="width: 100%;"><span class="k-icon k-loading" style="display:none"></span></span>
</div>
<div class="search-history">
<div class="search-history__wrapper">
<div class="search-history__headline search-history-label"><span>Search History</span></div>
<div class="search-history__clear clear-search-history">
<a href="#" ng-click="vm.clearSearchHistory()">Clear Search History</a>
</div>
</div>
</div>
<div class="search-button">
<button class="btn primary fastClick" ng-click="vm.search()"></button>
</div>
</form><form class="ng-pristine ng-valid" data-hs-cf-bound="true">
<div class="row collapse ng-hide" ng-show="::((vm.session.isAuthenticated || vm.session.rememberMe) && !vm.session.isGuest)">
<div class="small-12 columns right">
<div class="inf-cust">
<span class="inf-label">Customer #:</span>
<span class="inf-value" id="tst_userNav_customerNumber" ng-bind="::vm.session.billTo.customerNumber"></span>
</div>
<div class="inf-ship">
<span class="inf-label">Ship To:</span>
<span class="inf-value">
<span id="tst_userNav_shipToCompanyName" ng-bind="vm.session.shipTo.companyName"></span>
<!---->
<span ng-bind="vm.session.shipTo.fullAddress"></span>
</span>
</div>
<!---->
</div>
<div class="small-12 medium-12 large-12 columns int-settings ng-hide" ng-show="vm.languages.length > 1 || vm.currencies.length > 1">
<button class="btn tertiary isettings">
<!---->
<!---->
<!---->
<span>International Settings</span>
</button>
</div>
<div class="small-12 columns user-info">
<div class="user-button">
<i class="social foundicon-torso"></i>
<span class="cust-name" ng-bind="vm.session.userLabel"></span>
<!---->
</div>
<a href="javascript:void(0)" class="btn sign-out fastClick tst_header_signOutButton" ng-click="vm.signOut('/')">
<span>Sign Out</span>
</a>
</div>
</div>
</form><form class="ng-pristine ng-valid" data-hs-cf-bound="true">
<div class="row collapse">
<!---->
<!---->
<div class="ui-lock small-12 columns right isettings-buttons use-fastclick">
<button class="user-button btn secondary isettings-cancel">Cancel</button>
</div>
</div>
</form><form class="search__form ng-pristine ng-valid" data-hs-cf-bound="true">
<div class="search-input">
<label for="criteria">Search</label>
<span tabindex="-1" role="presentation" class="k-widget k-autocomplete k-header isc-searchAutoComplete tst_header_searchInput ng-pristine ng-untouched ng-valid k-state-default ng-empty" style=""><input ng-model="vm.criteria" type="text"
class="isc-searchAutoComplete tst_header_searchInput ng-pristine ng-untouched ng-valid k-input ng-empty" ng-init="vm.autocompleteOptions.placeholder = 'What are you looking for?';
vm.translations = [
{key: 'category', text: 'Categories'},
{key: 'content', text: 'Content'},
{key: 'product', text: 'Products'},
{key: 'brand', text: 'Brands'},
{key: 'manufacturerItemNumber', text: 'MFG #'},
{key: 'partNumber', text: 'Part #'},
{key: 'customerPartNumber', text: 'My Part #'}]" kendo-auto-complete="" k-options="vm.autocompleteOptions" isc-enter="vm.onEnter()" name="criteria" ng-blur="vm.startAutocomplete()"
onfocus="$(this).data('kendoAutoComplete').search()" data-role="autocomplete" placeholder="What are you looking for?" autocomplete="off" role="textbox" aria-haspopup="true" aria-disabled="false" aria-readonly="false" aria-autocomplete="list"
aria-owns="" style="width: 100%;"><span class="k-icon k-loading" style="display:none"></span></span>
</div>
<div class="search-history">
<div class="search-history__wrapper">
<div class="search-history__headline search-history-label"><span>Search History</span></div>
<div class="search-history__clear clear-search-history">
<a href="#" ng-click="vm.clearSearchHistory()">Clear Search History</a>
</div>
</div>
</div>
<div class="search-button">
<button class="btn primary fastClick" ng-click="vm.search()"></button>
</div>
</form>POST https://forms.hsforms.com/submissions/v3/public/submit/formsnext/multipart/14544717/6bbc9c13-711b-4591-81ce-02cb61a4a80c
<form id="hsForm_6bbc9c13-711b-4591-81ce-02cb61a4a80c" method="POST" accept-charset="UTF-8" enctype="multipart/form-data" novalidate=""
action="https://forms.hsforms.com/submissions/v3/public/submit/formsnext/multipart/14544717/6bbc9c13-711b-4591-81ce-02cb61a4a80c"
class="hs-form-private hsForm_6bbc9c13-711b-4591-81ce-02cb61a4a80c hs-form-6bbc9c13-711b-4591-81ce-02cb61a4a80c hs-form-6bbc9c13-711b-4591-81ce-02cb61a4a80c_fc1f9f9d-9f6d-41a7-bd7b-1f4d8648200b hs-form stacked"
target="target_iframe_6bbc9c13-711b-4591-81ce-02cb61a4a80c" data-instance-id="fc1f9f9d-9f6d-41a7-bd7b-1f4d8648200b" data-form-id="6bbc9c13-711b-4591-81ce-02cb61a4a80c" data-portal-id="14544717" data-hs-cf-bound="true">
<fieldset class="form-columns-1">
<div class="hs_email hs-email hs-fieldtype-text field hs-form-field"><label id="label-email-6bbc9c13-711b-4591-81ce-02cb61a4a80c" class="" placeholder="Enter your " for="email-6bbc9c13-711b-4591-81ce-02cb61a4a80c"><span></span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input id="email-6bbc9c13-711b-4591-81ce-02cb61a4a80c" name="email" required="" placeholder="Enter email address*" type="email" class="hs-input" inputmode="email" autocomplete="email" value=""></div>
</div>
</fieldset>
<fieldset class="form-columns-2">
<div class="hs_list_of_subscriptions__c hs-list_of_subscriptions__c hs-fieldtype-checkbox field hs-form-field" style="display: none;"><label id="label-list_of_subscriptions__c-6bbc9c13-711b-4591-81ce-02cb61a4a80c" class=""
placeholder="Enter your List of Subscriptions" for="list_of_subscriptions__c-6bbc9c13-711b-4591-81ce-02cb61a4a80c"><span>List of Subscriptions</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input name="list_of_subscriptions__c" class="hs-input" type="hidden" value="Product & Industry News;Connection;Hotwire"></div>
</div>
<div class="hs_lead_description__c hs-lead_description__c hs-fieldtype-textarea field hs-form-field" style="display: none;"><label id="label-lead_description__c-6bbc9c13-711b-4591-81ce-02cb61a4a80c" class=""
placeholder="Enter your Lead Description" for="lead_description__c-6bbc9c13-711b-4591-81ce-02cb61a4a80c"><span>Lead Description</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input name="lead_description__c" class="hs-input" type="hidden" value="Web_Landing Page"></div>
</div>
</fieldset>
<fieldset class="form-columns-1">
<div class="hs_hs_lead_status hs-hs_lead_status hs-fieldtype-radio field hs-form-field" style="display: none;"><label id="label-hs_lead_status-6bbc9c13-711b-4591-81ce-02cb61a4a80c" class="" placeholder="Enter your Lead status"
for="hs_lead_status-6bbc9c13-711b-4591-81ce-02cb61a4a80c"><span>Lead status</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input name="hs_lead_status" class="hs-input" type="hidden" value="NEW"></div>
</div>
</fieldset>
<fieldset class="form-columns-3">
<div class="hs_leadsource hs-leadsource hs-fieldtype-select field hs-form-field" style="display: none;"><label id="label-leadsource-6bbc9c13-711b-4591-81ce-02cb61a4a80c" class="" placeholder="Enter your Lead source"
for="leadsource-6bbc9c13-711b-4591-81ce-02cb61a4a80c"><span>Lead source</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input name="leadsource" class="hs-input" type="hidden" value="Web_Landing Page"></div>
</div>
<div class="hs_lead_source_details__c hs-lead_source_details__c hs-fieldtype-text field hs-form-field" style="display: none;"><label id="label-lead_source_details__c-6bbc9c13-711b-4591-81ce-02cb61a4a80c" class=""
placeholder="Enter your Lead Source Details" for="lead_source_details__c-6bbc9c13-711b-4591-81ce-02cb61a4a80c"><span>Lead Source Details</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input name="lead_source_details__c" class="hs-input" type="hidden" value="IEWC Network Subscription"></div>
</div>
<div class="hs_leadstatus hs-leadstatus hs-fieldtype-select field hs-form-field" style="display: none;"><label id="label-leadstatus-6bbc9c13-711b-4591-81ce-02cb61a4a80c" class="" placeholder="Enter your Status"
for="leadstatus-6bbc9c13-711b-4591-81ce-02cb61a4a80c"><span>Status</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input name="leadstatus" class="hs-input" type="hidden" value="New"></div>
</div>
</fieldset>
<div class="hs_submit hs-submit">
<div class="hs-field-desc" style="display: none;"></div>
<div class="actions"><input type="submit" class="hs-button primary large" value="SIGN UP"></div>
</div><input name="hs_context" type="hidden"
value="{"embedAtTimestamp":"1684433888742","formDefinitionUpdatedAt":"1663854035330","lang":"en","embedType":"REGULAR","disableCookieSubmission":"true","renderRawHtml":"true","userAgent":"Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/113.0.5672.126 Safari/537.36","pageTitle":"Terms & Conditions | IEWC.com","pageUrl":"https://www.iewc.com/terms-and-conditions","isHubSpotCmsGeneratedPage":false,"hutk":"567d6e2f2a4f29657319ab1471e891ea","__hsfp":1944070336,"__hssc":"81101128.1.1684433890310","__hstc":"81101128.567d6e2f2a4f29657319ab1471e891ea.1684433890310.1684433890310.1684433890310.1","formTarget":"#hbspt-form-fc1f9f9d-9f6d-41a7-bd7b-1f4d8648200b","locale":"en","timestamp":1684433890333,"originalEmbedContext":{"portalId":"14544717","formId":"6bbc9c13-711b-4591-81ce-02cb61a4a80c","region":"na1","target":"#hbspt-form-fc1f9f9d-9f6d-41a7-bd7b-1f4d8648200b","isBuilder":false,"isTestPage":false,"isPreview":false,"isMobileResponsive":true},"correlationId":"fc1f9f9d-9f6d-41a7-bd7b-1f4d8648200b","renderedFieldsIds":["email","list_of_subscriptions__c","lead_description__c","hs_lead_status","leadsource","lead_source_details__c","leadstatus"],"captchaStatus":"NOT_APPLICABLE","emailResubscribeStatus":"NOT_APPLICABLE","isInsideCrossOriginFrame":false,"source":"forms-embed-1.3211","sourceName":"forms-embed","sourceVersion":"1.3211","sourceVersionMajor":"1","sourceVersionMinor":"3211","_debug_allPageIds":{},"_debug_embedLogLines":[{"clientTimestamp":1684433889180,"level":"INFO","message":"Retrieved pageContext values which may be overriden by the embed context: {\"pageTitle\":\"Terms & Conditions | IEWC.com\",\"pageUrl\":\"https://www.iewc.com/terms-and-conditions\",\"userAgent\":\"Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/113.0.5672.126 Safari/537.36\",\"isHubSpotCmsGeneratedPage\":false}"},{"clientTimestamp":1684433889183,"level":"INFO","message":"Retrieved countryCode property from normalized embed definition response: \"CA\""},{"clientTimestamp":1684433890324,"level":"INFO","message":"Retrieved analytics values from API response which may be overriden by the embed context: {\"hutk\":\"567d6e2f2a4f29657319ab1471e891ea\"}"}]}"><iframe
name="target_iframe_6bbc9c13-711b-4591-81ce-02cb61a4a80c" style="display: none;"></iframe>
</form>POST
<form id="fileUploadForm" enctype="multipart/form-data" method="post" target="fileUploadIframe" data-hs-cf-bound="true"><input type="file" id="fileSelector" name="file" style="display: none;"><input name="filename" type="hidden"></form><form action="" onsubmit="LO.submit_chat(); return false;" data-hs-cf-bound="true">
<div id="lo_chat_input" style="position:relative; width: 100%; ">
<div class="lo-fx-hr" style="height:0px; margin-bottom:0px; margin-top:0px; width:100%; border-top:1px solid #000000;border-bottom:1px solid #4f4f4f"></div>
<div style="padding:10px;"><label for="lo_chat_textarea" style="display:none">Chat Input Box</label><textarea id="lo_chat_textarea" disabled="disabled" rows="2"
style="color: black; background-color: rgb(255, 255, 255); border-radius: 5px; padding: 7px; height: auto; width: 100%; font-family: sans-serif; text-transform: none; resize: none;" dir="null" data-last-scroll-height="0"></textarea></div>
<div id="lo_chat_sound_holder" style="position:absolute; right:0px; top:-25px; width:100%;">
<div style="cursor: pointer; float:right; opacity:0.6; padding-right:10px; height:16px;" id="lo_chat_sound"><img alt="Click to mute chat sounds" src="https://d10lpsik1i8c69.cloudfront.net/graphics/sound-on-white.png"></div>
<div id="lo_chat_status" style="padding-left:10px; font-size:11px; color:#6d6d6d"></div>
<div style="clear:both;"></div>
</div>
</div>
</form>Text Content
* Search
0
* Brands
* Services
* Industries
* Resources
* About IEWC
* Request A Quote
Brands Services Industries Resources About IEWC Request A Quote
Call Us: (877) 613-4392
Feedback
* Locations
* Careers
* Order Status
* AIR Sign In
Locations Careers Order Status AIR Sign In
* Sign In or Register
* My account: #
* My Dashboard
* Download Documents
* Account Manager
* Sign Out
Search
Search History
Clear Search History
Customer #:
Ship To:
International Settings
Sign Out
Cancel
Quick Order
Shop Products
Brands
Services
Industries
Resources
About IEWC
Request A Quote
Call Us: (877) 613-4392
Feedback
Locations
Careers
Order Status
AIR Sign In
Sign In or Register
Wire & Cable
Hook-Up & Lead Wire
MTW
Switchboard Wire
300V PVC
Irradiated Hook-Up Wire
International Lead Wire
High-Temp & High Voltage
Shop by UL Style
Building & Fixture Wire
THHN
XHHW-2
TFFN
TFN
Power Cable
Crane & Hoist Cable
Lamp & Rip Cord
Coil Cord
Type W Mining Cable
Central Office Power Cable
Welding Cable
Thermocouple Wire
Thermocouple Grade
Extension Grade
Automotive Wire & Cable
Primary Wire
High Voltage Battery Cable (EV)
Battery Cable
J1939
Trailer Cable
Brake Cable
Booster Cable
Door/Hatch
Powertrain
Aerospace & Defense Wire & Cable
Coaxial Cable
Lead Wire
Type E Cable
Marine & Shipboard Cable
GPTM
SGTM
Transit & Locomotive Cable
Polyrad
Rapid Transit Data Cable
Traction Cable
DLO
HUBER+SUHNER
Portable Cord
SOOW
SJOOW
SEOOW
SJEOOW
SJT
STOOW
SVT
Harmonized Cord
Tray Cable
PLTC
Tray Cable 600V
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Flex Control Cable
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TFN
Milspec Lead Wire
Brady
Labels
Printers
Printer Ribbon
Belden
Electronic Multi-conductor
Electronic Multi-pair
Hook-Up Wire
PLTC
Industrial Ethernet
VFD Cable
Coaxial Cable
Champlain Cable
High Voltage Battery Cable (EV)
J1939
Powertrain Cable
Irradiated Hook-Up Wire
General Cable/Prysmian
Portable Cord
Multi-conductor
POLYRAD
Mining Cable
Harbour Industries
Milspec Lead Wire
Milspec Coaxial Cable
High-Temp Hook-Up Wire
Hellermann-Tyton
Cable Ties
Cable Tie Mounts
Clips & Clamps
Labels
Duct
Lake Cable
Electronic Multi-conductor
Tray Cable 600V
Lapp
Control Cable
Tray Cable 600V
Draka Prestolite Automotive
Hook-Up & Lead Wire
GXL Primary Wire
SXL Primary Wire
SGX Battery Cable
SGR Battery Cable
Class K Welding Cable
Radix
High-Temp Lead Wire
Type T Thermocouple
SAB
Control Cable
VFD Cable
Tray Cable 600V
Southwire
Hook-Up & Lead Wire
TXL Primary Wire
Battery Cable
THHN
Portable Cord
Class K Welding Cable
Control Cable
TechFlex
Expandable Sleeving
Non-Expandable Sleeving
Wrappable Sleeving
Coated Sleeving
View All Partner Brands
* Shop Products
* Wire & Cable Wire & Cable
* Hook-Up & Lead Wire
MTW
Switchboard Wire
300V PVC
Irradiated Hook-Up Wire
International Lead Wire
High-Temp & High Voltage
Shop by UL Style
Building & Fixture Wire
THHN
XHHW-2
TFFN
TFN
Power Cable
Crane & Hoist Cable
Lamp & Rip Cord
Coil Cord
Type W Mining Cable
Central Office Power Cable
Welding Cable
Thermocouple Wire
Thermocouple Grade
Extension Grade
Automotive Wire & Cable
Primary Wire
High Voltage Battery Cable (EV)
Battery Cable
J1939
Trailer Cable
Brake Cable
Booster Cable
Door/Hatch
Powertrain
Aerospace & Defense Wire & Cable
Coaxial Cable
Lead Wire
Type E Cable
Marine & Shipboard Cable
GPTM
SGTM
Transit & Locomotive Cable
Polyrad
Rapid Transit Data Cable
Traction Cable
DLO
HUBER+SUHNER
Portable Cord
SOOW
SJOOW
SEOOW
SJEOOW
SJT
STOOW
SVT
Harmonized Cord
Tray Cable
PLTC
Tray Cable 600V
Industrial Automation Cable
VFD Cable
Medium & High Voltage
Flex Control Cable
Light-to-Moderate Flex
Continuous Flex
Industrial Ethernet
Electronic Cable
Belden Cable
Alpha Wire
Multi-conductor
Multi-pair
Coaxial Cable
Ribbon Cable
Data & Communication Cable
Commercial Ethernet Cable
Fiber Optic Cable
Telephone Cable
Commercial Coaxial Cable
Ethernet Patch Cords
Industrial Cord Sets
Overstock Wire & Cable
* Additional Services & Resources
Wire Striping
Drum Packing
Wire Printing
Wire Twisting
Respooling
Technical Guides
IEWC 60th Anniversary Video
* Wire Management Wire Management
* Tubing
Heat-Shrink Tubing
Non-Shrink Tubing
Cont Print Heat Shink
Bus Bar Heat Shink
Conduit
Metal Conduit
Plastic Conduit
Conduit Fittings
Convoluted Tubing
Slit Convoluted Tubing
Non-Slit Convoluted Tubing
Sleeving
Expandable Sleeving
Non-Expandable Sleeving
Coated Sleeving
Metal & Shielding
Wrappable Sleeving
Molded Boots
Duct
Duct
Duct Covers
Cordgrips
Cable Ties
Standard Cable Ties
2 Piece Cable Ties
Push Mount Ties
Automatic Tool Ties
Cable Tie Mounts
Clips & Clamps
Tools
Cable Tie Tools
Heat Shrink Guns
Termination Tools
Sleeving Tools
Connectors
Lugs & Terminals
Industrial Connectors
Ethernet Connectors
Identification
Labels
Printer Equipment
Markers
Tape
Lacing Cord
Tape
Overstock Wire Management
* Resources
Educational Resources
Applicator Wraptor A6200 Video
* Shop by Brand Shop by Brand
* 3M
Heat-Shrink Tubing
Tape
ASCENT
SJOOW Cord
SOOW Cord
Multi-conductor Cable
Alpha Wire
EcoGen Cable
Electronic Multi-conductor
Electronic Multi-pair
Hook-Up Wire
Stationary Control Cable
Tray Cable & PLTC
Wire Management
Atlas
UL 1015 MTW Wire
UL 1007 PVC Lead Wire
UL 1061 SRPVC Hook-Up Wire
TFFN
TFN
Milspec Lead Wire
Brady
Labels
Printers
Printer Ribbon
Belden
Electronic Multi-conductor
Electronic Multi-pair
Hook-Up Wire
PLTC
Industrial Ethernet
VFD Cable
Coaxial Cable
Champlain Cable
High Voltage Battery Cable (EV)
J1939
Powertrain Cable
Irradiated Hook-Up Wire
General Cable/Prysmian
Portable Cord
Multi-conductor
POLYRAD
Mining Cable
Harbour Industries
Milspec Lead Wire
Milspec Coaxial Cable
High-Temp Hook-Up Wire
Hellermann-Tyton
Cable Ties
Cable Tie Mounts
Clips & Clamps
Labels
Duct
Lake Cable
Electronic Multi-conductor
Tray Cable 600V
Lapp
Control Cable
Tray Cable 600V
Draka Prestolite Automotive
Hook-Up & Lead Wire
GXL Primary Wire
SXL Primary Wire
SGX Battery Cable
SGR Battery Cable
Class K Welding Cable
Radix
High-Temp Lead Wire
Type T Thermocouple
SAB
Control Cable
VFD Cable
Tray Cable 600V
Southwire
Hook-Up & Lead Wire
TXL Primary Wire
Battery Cable
THHN
Portable Cord
Class K Welding Cable
Control Cable
TechFlex
Expandable Sleeving
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* Terms & Conditions
TERMS & CONDITIONS
1. Terms & Condition of Sale
2. Terms & Conditions for Purchases
3. Website Terms of Use
TERMS & CONDITION OF SALE
1. QUOTATION PROCESS
Upon issuance of a quotation by IEWC (“Seller”), Buyer may submit to IEWC a
purchase order describing the goods and pricing set forth in IEWC’s quotation.
Buyer’s Purchase Order may only be accepted by an authorized representative of
IEWC and must be greater than or equal to USD $100.00. IEWC may refuse or reject
a Purchase Order issued by Buyer in whole or in part for any reason, including
but not limited to credit issues, volumes or destinations. Prices and other
information shown in any IEWC publication (including product catalogs and
brochures) are subject to change without notice and to confirmation by specific
quotation. Such publications are not offers to sell and are provided only as a
source of general information.
2. FORMATION OF AGREEMENT
If IEWC accepts the purchase order from Buyer, IEWC agrees to sell and Buyer
agrees to purchase the goods described in the Purchase Order, subject to these
General Terms and Conditions of Sale (“Terms”). IEWC will provide buyer with an
order acknowledgement form upon acceptance of a Purchase Order from Buyer which
incorporates or references these Terms. The Quotation, the Purchase Order, these
Terms and IEWC’s Order Acknowledgement constitute the agreement between the
Parties (the “Agreement”).
3. REJECTION OF ADDITIONAL TERMS
IEWC does not agree to any addition, alteration, or deletion by Buyer to these
Terms. If Buyer responds to these Terms with a document which includes terms
which differ from these Terms, the additional terms are deemed rejected and
shall not become part of the Agreement between the parties unless agreed to in
writing by IEWC.
4. TITLE TO GOODS AND SHIPPING
IEWC will ship goods to the address and according to the shipping instructions
provided by Buyer in a purchase order. Title and risk for the goods pass to
Buyer FOB Seller unless previously agreed to in writing by IEWC. IEWC will use
commercially reasonable efforts to ship the goods within the time frames
requested by Buyer, but does not guarantee those time frames and will not be
liable for any shipping delays. IEWC agrees to inform Buyer within a reasonable
time period of the new estimated shipment date should there be a delay in
shipment. For items on backorder, IEWC may ship whenever the product becomes
available without any notice to Buyer.
5. OVER/UNDER RUNS
All length based products are subject to a quantity tolerance in which IEWC
reserves the right to ship 10% over or under the quantity ordered.
6. PAYMENT FOR GOODS
Upon shipment of an order, Seller will issue to Buyer an invoice. IEWC will
establish credit terms for each Buyer that will govern the term by which payment
must be made to Seller. Said term will start from the date of the invoice. Buyer
agrees to pay for each order in U.S. Dollars unless otherwise agreed to in
writing by IEWC. Buyer agrees to pay invoices in full without right of offset.
IEWC, at its option, may enter into discussions with the Buyer relative to the
feasibility of rendering invoices electronically and receiving payment by
electronic funds transfer. Past due invoices may be subject to monthly interest
charges up to the limit permitted by applicable law.
7. PAYMENT FOR TRANSPORTATION & TAXES
In addition to the quoted price, Buyer agrees to pay all shipping charges using
Buyer's selected shipping method plus all applicable sales, use, customs,
excise, value added or similar taxes. For purposes of calculating sales tax, the
destination to which the product is to be shipped shall govern.
On orders to be delivered outside the United States, Buyer is responsible for
arranging delivery and payment of shipping charges, custom, duties, import and
export fees, and taxes/VAT where applicable.
8. IMPACT OF FAILURE TO PAY INVOICES
IEWC reserves the right to suspend its obligations to sell or deliver goods
subject to any accepted purchase order, to reject future purchase orders and to
cease further delivery of goods to Buyer in the event payment is not made when
due. IEWC further reserves the right to change credit terms should Buyer’s
credit record or payment history so warrant.
9. CANCELLATION
Order cancellations are subject to cancellation charges or restocking fees as
deemed applicable by IEWC to cover all costs and expenses incurred prior to the
cancellation of said order. Cancellation charges or restocking fees may include,
but are not limited to, all costs and expenses incurred in producing or sourcing
the goods (both completed and in process) and the cost of all items and special
material procured for such an order. Cancellation charges may equal the actual
selling price of the goods or the price to restock the goods. Made to order
goods and special orders are not subject to changes or cancellation by the Buyer
under any circumstance.
10. ACCEPTANCE OF GOODS; RETURNS
Buyer agrees to promptly inspect the goods upon receipt. Buyer has the
obligation to advise Seller within thirty (30) business days of Buyer’s receipt,
if it has received nonconforming goods and must state with particularity all
material facts concerning the claim then known to Buyer. Failure by Buyer to
give notice within such thirty (30) day period shall constitute an unqualified
acceptance of such goods by Buyer.
Returns for any reason are subject to IEWC’s Return Policy.
11. EXPRESS LIMITED WARRANTY
IEWC warrants: (i) that it has clear title to the Goods delivered to Buyer, (ii)
that to the best of its knowledge it is not selling any products that violate
the intellectual property of a third party and (iii) that the goods delivered
will meet the published specifications and/or order acknowledgement. Buyer's
sole and exclusive remedy for a breach of this express limited warranty shall be
to return the product to IEWC for replacement. If IEWC is unable to provide a
replacement, in IEWC’s sole discretion, Buyer's alternate exclusive remedy is to
receive a refund for the Goods.
12. WARRANTY DISCLAIMERS
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH IN PARAGRAPH 10, IEWC MAKES
NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE GOODS WHICH ARE THE
SUBJECT OF A PURCHASE ORDER ACCEPTED BY IEWC. IEWC EXPRESSLY DISCLAIMS ALL OTHER
EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE GOODS, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, CUSTOM & USAGE IN THE
TRADE, INTELLECTUAL PROPERTY INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
13. LIMITATION OF LIABILITY. CAP ON DAMAGES
1. 1. UNDER NO CIRCUMSTANCES SHALL IEWC BE LIABLE TO BUYER OR ANY THIRD PARTY
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONTINGENT DAMAGES
WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH
RESPECT TO GOODS SOLD BY IEWC, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS
RELATING THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IEWC
SHALL HAVE NO LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES,
SPECIAL OR PUNITIVE DAMAGES, DAMAGE FOR LOST PROFITS OR REVENUES, LOSS OF
USE OF GOODS, OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF
SUBSTITUTE GOODS, FACILITIES OR SERVICES, OR FOR ANY OTHER TYPES OF ECONOMIC
LOSS, OR FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH
DAMAGES.
2. 2. IN NO EVENT SHALL IEWC’S TOTAL LIABILITY TO BUYER ARISING UNDER OR
RELATED TO THIS AGREEMENT EXCEED THE SUMS BUYER PAID TO IEWC FOR THE GOODS
UNDER AN APPLICABLE PURCHASE AGREEMENT.
14. FORCE MAJEURE
IEWC will not be obligated to perform under this Agreement, and shall not be
liable for any damages (including, but not limited to, consequential,
incidental, indirect, punitive, contingent, or special damages for lost profits)
if IEWC’s performance under the Agreement or any accepted Purchase Order is
prevented, delayed, restricted or interfered with by strikes, work stoppages or
other action by workmen, any act or omission by a governmental authority or by
Buyer, insurrection or riot, war, terrorism, embargo, rail car shortage, wreck
or delay in transportation, inability to obtain necessary labor, materials or
manufacturing facilities from usual sources under usual terms, breakdown in the
manufacturing process, disruption in the supply chain, acts of God and/or
nature, fires, floods, epidemics, quarantine restrictions or any other cause
beyond the reasonable control of the IEWC, whether similar or dissimilar to any
of the above causes. If such a delay occurs, the due date for performance will
be extended as may be reasonably necessary to compensate for the delay.
15. TERMINATION FOR CAUSE
1. IEWC has the right to cancel an accepted order for cause at any time by
written notice to buyer.
2. If IEWC violates the terms of this agreement, Buyer is required to provide
IEWC with written notice of the breach, detailing the alleged breach. IEWC
shall have thirty (30) days from the date of the notice of default to cure
the default. If IEWC does not cure the default within that thirty day cure
period, Buyer may terminate the purchase order subject to this agreement.
16. COMPLIANCE WITH LAWS
Buyer agrees that, to its knowledge, it is complying with all applicable
import/export laws. Buyer is responsible for compliance with the export control
rules and regulations, import/export laws, and all other applicable laws of any
entity having jurisdiction over Buyer or the goods. Buyer shall not name IEWC as
shipper or exporter of record in connection with the export of any goods
purchased from IEWC.
17. WAIVER
IEWC’s waiver of any provision or right hereunder on one occasion shall not
operate as a waiver of any provision or right under any future occasion.
18. GOVERNING LAW/VENUE
The Buyer irrevocably consents that these Terms are governed by the laws of the
State of Wisconsin, excluding any conflicts of law. The state and federal courts
of Waukesha County, Wisconsin shall be the exclusive jurisdiction and venue for
any actions brought pursuant to this agreement. The parties hereby expressly
agree that the 1980 United Nations Convention on the International Sale of Goods
shall not apply to transactions hereunder.
19. DISPUTE RESOLUTION
The parties shall act in good faith and use commercially reasonable efforts to
promptly resolve any claim, dispute, controversy or disagreement (each a
“Dispute”) between the parties or any of their respective subsidiaries,
affiliates, and successors under or related to this Agreement or any document
executed pursuant to this Agreement or any of the transactions contemplated
hereby. If the parties cannot resolve the Dispute within ten (10) business days
after initial notice of the Dispute, the Dispute shall be submitted for
resolution to the Judicial Arbitration and Mediation Services (“JAMS”), or its
successor (“Mediation”) in Chicago, Illinois. Neither party shall seek, nor
shall be entitled to seek, binding outside resolution of the Dispute unless and
until the parties have been unable to amicably resolve the dispute as set forth
in this Section, and then only in compliance with the procedures set forth in
this Section.
20. COMMUNICATION
Any notice or consent required or given shall be (i) in writing, (ii) in
English, (iii) either personally delivered or sent by facsimile, email, or by
first class airmail, and (iv) sent to the address of the receiving party as set
forth in the purchase order or such other address as such party may from
time-to-time designate by notice to the other party. All notices shall be
effective (i) when delivered in person, (ii) upon confirmation of receipt when
transmitted by facsimile transmission or by email; or (iii) three (3) days after
mailing of the notice.
21. NO THIRD PARTY BENEFICIARIES
This agreement does not and is not intended to confer any rights or remedies
upon any person other than the Buyer and IEWC.
22. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired, and this Agreement
shall be interpreted to affect the original intent of the parties as closely as
possible.
23. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between the parties with regard
to their subject matter and supersede all related conversations or documents, as
well as any prior agreements. Any terms and conditions of any purchase order or
other document submitted in connection with this Agreement that is in addition
to or conflicting with the terms herein are rejected by IEWC, will not be
binding on IEWC, and will have no force or effect. This Agreement may not be
amended, and IEWC expressly rejects all counteroffers from Buyer. Any
modifications or amendments must be in writing and signed by IEWC.
24. COUNTERPARTS
This Agreement may be executed in one or more electronic counterparts, each of
which shall be deemed to be an original, and all of which together shall
constitute one and the same agreement.
25. CONSTRUCTION PRODUCTS REGULATION (CPR)
IEWC has obtained Construction Products Regulation (CPR) certification for many
products specifically designed for construction use in the European Union. For
all such products, IEWC carries the Document of Performance (DOP) from the
original manufacturer on file, and such document is available to any Buyer who
may request it for their own records. In addition, all product packaging is
marked and labeled per CPR standards including the manufacturer name, country of
manufacture, DOP number, and CE mark. IEWC hereby certifies that such products,
properly marked, meet the CPR standards per the original manufacturers’
certifications.
TERMS & CONDITIONS FOR PURCHASES
All purchase orders incorporate the following terms and conditions between IEWC
Holdings Corp. and its subsidiaries (“Buyer”) and Vendor (“Supplier”) (each
individually referred to as a “Party” and collectively as the “Parties”).
1. PURCHASE
Buyer agrees to purchase from Supplier certain goods (“Goods”) at the prices and
terms described on the face of the purchase order (“Purchase Order”) in
accordance with these Terms and Conditions (“Terms”) (collectively, the Purchase
Agreement and the Terms are referred to as the “Agreement”). By accepting a
Purchase Order from Buyer, Supplier is accepting these Terms. In the case of a
conflict between these Terms and the face of the Purchase Order, the face of the
Purchase Order will control.
2. REJECTION OF ADDITIONAL TERMS
These Terms, along with the face of the Purchase Order, constitute the entire
agreement between the Parties. Buyer does not agree to any addition, alteration,
or deletion by Supplier to these Terms. If Supplier responds to a Purchase Order
with a document which includes terms which differ from these Terms, the
additional terms are deemed rejected.
3. PRICE
Upon final acceptance of the Goods by Buyer, Buyer agrees to pay Supplier the
purchase price set forth on the face of the Purchase Order (“Price”) in U.S.
Dollars or such other currency as agreed to by both parties. The Price includes
all packing, storage, transportation and delivery charges, import/export customs
and duties and all applicable taxes on the sales of the goods and services,
value added, use or other similar taxes, and charges, payable to any federal,
state or local taxing authority (“Taxes”). Supplier agrees to include a line
item for all Taxes payable by Buyer on each invoice. Supplier represents and
warrants to Buyer that the Price quoted to Buyer and reflected in the Purchase
Order will be no higher than the price charged by Supplier to other customers
for similar quantities of Goods. Supplier shall offer a volume discount/ rebate
program based on annual purchases of product by Buyer. The details of the
program are to be agreed to by the Supplier and Buyer and will be renewable on
an annual basis.
4. TIME IS OF THE ESSENCE
Supplier agrees that time is of the essence with regard to the delivery of the
Goods subject to a Purchase Order. Supplier agrees to provide Buyer with prompt
written notice if there will be a shipment delay or if Supplier is unable to
comply with the delivery date stated in the Purchase Order. Buyer reserves the
right to cancel a Purchase Order upon receiving notice of a delay by Supplier in
delivery of the Goods.
5. CANCELLATION
Buyer may cancel this Purchase Order at any time prior to the date of shipment
by Supplier of the Goods by providing written notice of cancellation to Supplier
unless the Buyer and Supplier have agreed to a different cancellation policy and
is spelled out in the Buyer’s Purchase Order.
6. SHIPMENTS
Supplier will ship the Goods, adequately packaged for shipment, storage and
preservation and including all documentation required for use, maintenance and
upkeep, to Buyer “F.O.B. Destination” on the date set forth on the Purchase
Order unless other terms are reflected in the Buyer’s Purchase Order. Title and
risk of loss or damage to the Goods will pass to Buyer upon receipt by Buyer.
Supplier will not retain any security interest in the Goods and will deliver the
Goods free and clear of any liens or encumbrances. Buyer may return or reject
shipments of Goods which are nonconforming, damaged, or late at Supplier’s sole
expense and Supplier shall continue to bear the risk of loss until Buyer issues
a written acceptance statement without reservations.
7. PAYMENT
Upon acceptance of the Goods, Buyer will pay Supplier the Price within ninety
(90) days of the date of the invoice, unless different terms have been agreed to
by both the Supplier and the Buyer. Buyer may withhold, deduct or set-off all
or a portion of a payment of the Price for any breach of these Terms.
8.INSPECTION OF GOODS
Buyer has the right to inspect the Goods upon receipt. If upon inspection,
Buyer determines that all or a portion of the Goods received do not conform to
the Warranty, Buyer may reject the Goods at Supplier’s sole expense. Buyer
agrees to provide written notice of rejection within five (5) business days of
receipt and retain the Goods at Supplier’s expense. Supplier agrees to inspect
the Goods prior to shipment to ensure the Goods meet the requirements on the
Purchase Order and comply with the Warranty.
9. SUPPLIER'S REPRESENTATIONS
Supplier represents to Buyer that: (i) Supplier owns all right, title and
interest in the Goods necessary to deliver the Goods to Buyer, free and clear of
any liens or encumbrances; (ii) the Goods do not and will not infringe or
violate any Intellectual Property Rights of any third parties; (iii) there are
no pending or threatened lawsuits, demands or claims related to the Goods which
are the subject matter of this Agreement, including but not limited to claims
for negligence, product liability, strict liability or Intellectual Property
Infringement; (iv) the manufacture, sales and distribution of the Goods supplied
under this Agreement shall comply with all applicable international, federal,
state, and local laws, rules, regulations and ordinances; and (v) none of the
Goods will contain any Conflict Minerals as defined in Section 1502 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Conflict
Minerals Laws”).
10. EXPRESS LIMITED WARRANTY
Supplier represents and warrants to Buyer that the Goods subject to this
Purchase Order will (i) be merchantable; (ii) conform to the Terms of this
Purchase Order; (iii) comply with Buyer’s specifications and all specifications
drawings, designs, prototypes, samples, catalogs or other marketing materials;
(iv) be free from defects in design, materials or workmanship; (v) be fit for
the purpose required; and (vi) be free of liens, security interests and
encumbrances. (Collectively, “Warranty”). The warranty term will extend for: (a)
the manufacturer’s warranty term; or (b) one year from the date of delivery of
the Goods, whichever is longer. Supplier’s Warranty shall extend to Buyer, its
successors, assigns, customers and other users of the Goods.
11. REMEDIES
If the Goods delivered pursuant to this Purchase Order fail to conform to the
Warranty, in addition to any other rights it may have at law or in equity, Buyer
has the right, at its sole election, to: (i) return the Goods and receive a
replacement at Supplier’s expense; (ii) return the Goods to Supplier at
Supplier’s expense; (iii) obtain a refund of the Price; or (iv) retain all or a
portion of the Goods at an adjusted price. In all cases, Buyer shall be
reimbursed by Supplier for all of its expenses incurred by Buyer in connection
with the handling and transporting of any such nonconforming Goods and
additional expenses incurred by Buyer as a result of nonconformance of the
Goods. Supplier shall assume all risk of loss or damage in transit with regard
to Goods returned by Buyer.
12. RECALL
In the event of a recall of the Goods, Supplier will bear all costs and expenses
of such recall, including but not limited to costs of notifying Buyer’s
customers, refunds, return of Goods, lost profits, and other damages incurred as
the result of the recall.
13. INTELLECTUAL PROPERTY
Each Party owns or has a license to use its respective patents, trademarks,
drawings, inventions, copyrights, samples, processes, designs, design rights,
trade secrets, specifications, instruction manuals, technology, materials,
know-how, information, data, improvements and writings (“Intellectual Property”)
created or developed prior to entering into the Purchase Order including all
modifications, improvements or changes in or to such pre-existing Intellectual
Property. To the extent that any pre-existing materials owned by Supplier are
contained in or used in connection with the Goods (“Supplier’s Pre-Existing
IP”), Supplier grants to Buyer a worldwide, irrevocable, non-exclusive,
transferrable, royalty-free, perpetual right and license to and to authorize its
customers and their end users to) use, execute, reproduce, display, perform,
distribute and prepare derivative works of Supplier’s Pre-Existing IP.
14. IEWC QUALITY CLAUSES
1. Any Product requiring special equipment or personnel qualifications or
Quality Management System requirements will be stated on the Purchase Order.
2. Supplier must have qualified personnel perform set tasks.
3. Supplier shall have a registered Quality Management System and submit the
necessary registrations to IEWC’s quality department.
4. Supplier shall review and agree to the clauses and specifications on a
Purchase Order prior to shipment.
5. Supplier shall maintain Product data on file for a minimum of five (5) years
after the last shipment.
6. Changes / modifications to Products supplied to IEWC will be permitted, as
long as Supplier provides written communication to IEWC and has been
acknowledged and approved in writing by IEWC.
7. Supplier shall not make any change or modification to any Product form, fit,
function or the description, change in manufacturing location without IEWC’s
prior written approval.
8. Supplier shall advise its subcontractors and suppliers of the terms of this
Purchase order and shall require their compliance with its terms.
15. CONSTRUCTION PRODUCTS REGULATION (CPR)
IEWC has obtained Construction Products Regulation (CPR) certification for many
products specifically designed for construction use in the European Union. For
all such products, IEWC carries the Document of Performance (DOP) from the
original manufacturer on file, and such document is available to any customer
who may request it for their own records. In addition, all product packaging is
marked and labeled per CPR standards including the manufacturer name, country of
manufacture, DOP number, and CE mark. We hereby certify that such products,
properly marked, meet the CPR standards per the original manufacturers’
certifications.
16. AEROSPACE & DEFENSE SUPPLIERS
The Following requirements are applicable to Aerospace and Defense Suppliers:
1. Product Specifications: Suppliers are required to manufacture product as
per Specifications, Drawings that were provided by IEWC and their Customers.
Suppliers are also required to manufacture product as per any special
customer requirements listed on the IEWC Purchase Order.
2. Nonconforming Product and Product Change Notifications: After shipping
product to IEWC, if the supplier identifies that product is defective, then
the supplier need to notify IEWC about the nonconforming product immediately
along with all the information related to the nonconformance. After
reviewing the nonconformance, IEWC will provide the disposition.
Any Changes/modifications to products supplied to IEWC will be permitted
only after the change requests are approved by IEWC Sourcing and Quality
Departments. If any change / modification in product form, fit, or function
are desired by our suppliers, a description of the changed specification
must be submitted in writing to the IEWC Sourcing Department using IEWC
Supplier Change Request Notification form. The Sourcing department will work
with concerned IEWC functions (Sales, Marketing and Quality Assurance) in
processing the change request.
A product change/modification is described as, but not necessarily limited
to, changes in compound, strand construction, shield construction, surface
printing, certifications, and put-ups. If needed IEWC Sourcing and Quality
Assurance departments will ask for further dialogue with the supplier prior
to implementation of the change.
3. Records Retention: Suppliers are required to retain all records for a
minimum of 10 years.
4. Right of Access to Supplier Facilities: If required by IEWC, Suppliers
shall provide right of access to IEWC and IEWC Customers and regulatory
authorities to the applicable areas of the facilities and their supply chain
involved in the specific order and to all applicable records of the order.
5. Counterfeit Parts: IEWC requires suppliers to implement necessary process
controls in their supply chain and ensure that no counterfeit parts are
delivered to IEWC.
6. Product Safety and Conformity: For Materials shipped to IEWC, suppliers must
assure that their employees are aware of their contribution to relevant
Product Safety and Conformity Requirements.
7. Ethical Behavior: Suppliers must assure that their employees are aware of
the importance of IEWC Code of Ethics found on IEWC website.
17. CONFIDENTIALITY
Any information, knowledge or Intellectual Property which Buyer may have
disclosed or may disclose to Supplier in connection this Purchase Order is
confidential and proprietary information of Buyer (“Confidential Information”).
Supplier agrees that it will not disclose the Confidential Information to third
parties or use the Confidential Information other than for purposes of meeting
its obligations under this Agreement. Supplier agrees to use commercially
reasonable efforts to protect the Confidential Information from disclosure,
consistent with those practices used by Supplier to protect its own confidential
information. Supplier agrees that it will advise its employees and agents with a
need to know the Confidential Information of their obligations to comply with
this provision and Buyer will be responsible for any breach of these
confidentiality obligations by Supplier’s employees or agents.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL BUYER BE LIABLE TO
SUPPLIER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE,
LIQUIDATED OR INCIDENTAL DAMAGES, OR CLAIMS FOR LOST PROFITS, LOST REVENUES OR
LOSS OF USE, ARISING FROM OR RELATED TO THE GOODS OR THE SUBJECT MATTER OF THIS
AGREEMENT. IN NO EVENT WILL BUYER’S LIABILITY FOR ANY CLAIMS EXCEED THE PRICE
FOR THE GOODS GIVING RISE TO A CLAIM.
18. INDEMNIFICATION
Supplier agrees to indemnify, defend and hold harmless Buyer, as well as its
parents, subsidiaries, affiliates, customers, officers, directors, employees,
attorneys, and agents from and against all claims, allegations, lawsuits,
losses, damages, verdicts, settlements, costs, penalties, expenses and
attorneys' fees (“Claims”) arising out of or related to: (i) any defects or
nonconformance of the Goods; (ii) breach of Supplier’s Warranty or Supplier’s
Representations; (iii) personal injury or property damage caused by the Goods,
including but not limited to claims for negligence, strict liability or products
liability; (iv) Intellectual Property infringement or violation of other
proprietary rights; (v) violations of the obligations to protect Confidential
Information under this Agreement; (vi) the purchase, sale, or use of the Goods;
(vi) failure of the Goods to conform to applicable legal requirements; or (vii)
Supplier’s violation of any applicable laws.
Buyer will promptly notify Supplier of any Claims brought against Buyer by a
third party which is subject to indemnification under this Agreement. Supplier
agrees to, at its own cost, defend the Claims using counsel acceptable to Buyer.
19. INSURANCE
During the operation of this Agreement and for a period of three (3) years
following the date of final delivery of the Goods, Supplier shall obtain and
maintain: (i) worker’s compensation and employer liability insurance within
statutory requirements; (ii) broad form commercial general liability insurance,
including premises and operations, products and completed operations, blanket
contractual liability, and personal and advertising injury with minimum coverage
of $2,000,000 per occurrence; and (iii) umbrella insurance coverage with a
minimum coverage of $10,000,000.
Supplier agrees that it is responsible for any applicable self-insured retention
or deductible related to any Claim under an insurance policy subject to these
Terms. Upon request, Supplier shall provide Buyer with a certificate of
insurance issued by an authorized representative of Supplier’s insurance
company, naming Buyer as an “Additional Insured” under each policy and providing
a waiver of subrogation in favor of Buyer.
20. TERMINATION
Buyer may terminate the Purchase Order without liability to Buyer: if (i) Buyer
seeks adequate assurance of Supplier’s performance or ability to perform and
does not receive such assurances within ten (10) days of Buyer’s request; (ii)
Supplier fails to deliver the Goods on time or in the quantities set forth in
this Agreement; (iii) if deliveries are not made at the time or in the
quantities specified; or (iv) in the event of a breach or failure by Buyer to
meet other terms of this Agreement. This right will be in addition to any other
remedies provided to Buyer at law or in equity.
21. INSPECTION RIGHTS
Supplier agrees that Buyer will have the right to inspect the premises where the
Goods subject to the Purchase Order are manufactured or stored. In addition,
Buyer may audit Supplier’s production and quality assurance processes, upon
reasonable advance written notice to Supplier, provided that such inspection
will not relieve Supplier of any of its obligations under this Agreement.
22. NON-SOLICITATION
Supplier agrees that for a period of one (1) year following the satisfaction or
termination of this Agreement, Supplier will not, directly or indirectly,
solicit, entice or attempt to persuade any employee of Buyer to leave the
employment of Buyer for any reason, including, but not limited to, in order to
provide services for or on behalf of Buyer.
23. FORCE MAJEURE
In the event of an occurrence which prevents Buyer from accepting delivery of
the Goods or providing payment for the Goods, including but not limited to acts
of God, accident, war, acts of terrorism, restraint by government, natural
crisis, strike, embargo, or otherwise, Buyer will be relieved of its obligations
under this Agreement.
24. ASSIGNMENT
Supplier may not assign its rights or obligations under this Agreement in whole
or in part without Buyer’s prior written consent and any assignment in violation
of this provision shall be null and void. Buyer may assign, transfer or
otherwise delegate its rights and obligations under this Agreement without the
prior written consent of Supplier.
25. COMPLIANCE WITH LAWS
Supplier will be solely responsible for obtaining all applicable certifications
and will comply with all applicable international, federal, state and local
laws, orders, rules and regulations with respect to the manufacture, sale and
distribution of the Goods, including but not limited to:
1. Export Laws. Supplier agrees to obtain all necessary licenses, permits or
other authorizations as may be required to export the Goods from their
country of manufacture to the delivery destination, and will comply with all
applicable international or national export, import or re-export laws, rules
and regulations which cover the Goods.
2. FCPA: The Foreign Corrupt Practices Act, 15 U.S.C. § 78 et seq. (the
“FCPA”), and all comparable laws and regulations of Supplier’s country.
3. Employment Laws: All applicable laws regarding minimum wage, living
conditions, overtime, working conditions, and labor and employment.
Supplier will not use any child labor or prison inmates in manufacturing,
selling or distributing the Goods.
4. Environmental Laws. All applicable environmental laws.
5. Conflict Minerals. All Conflict Minerals laws and regulations. In
addition, Supplier will provide Buyer with assistance and cooperation with a
country-of-origin inquiry for any minerals used in the Goods purchased by
Buyer, and providing information and documentation requested by Buyer or any
third party hired by Buyer to assist with compliance with the Conflict
Minerals Laws.
26. SEVERABILITY
In the event that any provision of this Agreement is held to be invalid or
unenforceable, in whole or in part, the remaining portions of the Agreement will
remain in force and effect.
27. APPLICABLE LAW
Wisconsin law applies to this Agreement, without reference to its conflicts of
law principals. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
28. ENGLISH LANGUAGE
This Agreement was written in English and should be interpreted using the
English language. Any notices required under this Agreement shall be provided
in the English language.
29. DISPUTE RESOLUTION; FORUM
If a dispute arises with regard to the subject matter of this Agreement, the
Parties agree to attempt to resolve any such dispute through good faith
settlement negotiations to commence within five (5) business days of a written
request by the other Party. If the negotiations are unsuccessful, the Parties
agree that either party may submit the dispute to mediation with the Judicial
Arbitration and Mediation Service (“JAMS”), or its successor, for mediation in
Chicago, Illinois with each Party to pay its own legal fees and each Party to
equally share the mediation costs. The Parties agree that JAMS will appoint a
mediator who is an attorney and has substantial experience with resolving
disputes regarding the sales of goods and the Uniform Commercial Code. If the
Parties are unable to resolve a dispute after the mediator has declared an
impasse in writing, then the Parties agree to submit the dispute to the state or
federal courts with jurisdiction in Waukesha County, Wisconsin. Supplier
irrevocably consents to submit to jurisdiction in such applicable courts.
30. SURVIVAL OF PROVISIONS
All provisions of these Terms that by their nature are intended to extend beyond
the termination of this Agreement for any reason shall survive the termination
of this Agreement for any reason.
31. ENTIRE AGREEMENT
The Purchase Order and the Terms constitute the entire agreement between the
Parties with regard to their subject matter and supersede all prior
negotiations, discussions, understandings or agreements between the Parties. The
Parties agree that any amendment to this Agreement must be in writing and signed
by both.
WEBSITE TERMS OF USE
IEWC Corp., together with its subsidiaries and affiliates ("IEWC"), operates
IEWC.com and affiliated country sites ("Site") to provide online access to
information about IEWC and the products, services and opportunities we provide.
By accessing and using the Site, you agree to be bound by each of the terms and
conditions set forth in these Terms of Use ("Terms ").
IEWC reserves the right to modify these Terms at any time, without prior notice.
Your use of the Site following any such modification constitutes your acceptance
of the modified Terms.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE OF CONTENT
The Site and all of its content, including but not limited to text, writings,
materials, articles, information, documents, specifications, logos, downloads,
code, software, images, photographs, videos, audio and other digital media
contained within the Site ("Content") are owned by IEWC or are used by IEWC as
permitted by law. The Content is protected by applicable U.S. and applicable
international and state, copyright, trademark or other laws and regulations. The
selection and arrangement of the Content are protected as a compilation under
the U.S. copyright laws.
IEWC permits you to access, download, copy and print portions of the Content
solely for informational and non-commercial purposes provided that: (1) you
comply with these Terms; (2) you do not use the Site or the Content in a manner
which may violate the intellectual property, privacy or other legal rights of
IEWC or any third party; (3) you do not share, publish, display, republish,
perform, reproduce, transfer or post any Content from the Site for any
commercial purpose without the prior written consent of IEWC; (4) gathering data
from The Site through web harvesting, screen scraping, automated data extraction
or other similar software technologies (scripts, bots and/or web crawlers) is
strictly prohibited. (5) you do not make derivatives from, modify or alter any
of the Content; and (5) you include, without alteration, all copyright and other
proprietary notices appearing on such Content.
Special use rules may apply to access and use of content accessible by
authorized users of IEWC’s Secured Customer Portal.
TRADEMARKS, TRADE NAMES AND LOGOS
IEWC owns certain trademarks, service marks, registrations, tradenames and
logos, including but not limited to IEWC, Customer Automated Replenishment
System®, C.A.R.S.®, Connection®, Hot Wire®, ASCENT™, YOURTEAM® and YOURTEAM – Go
Further® (the "IEWC Trademarks"). You may not use any of the IEWC Trademarks
without the prior written consent of IEWC. You may not use the IEWC Trademarks
as meta tags or include the IEWC Trademarks as "hidden text."
DISCLAIMER OF WARRANTIES
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. IEWC EXPRESSLY DISCLAIMS ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
COURSE OF DEALING, COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS,
COMPLIANCE WITH LAWS, AVAILABILITY, UPTIME, OR ABSENCE OF BUGS, ERRORS, VIRUSES,
MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS.
IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL IEWC, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, OFFICERS OR
DIRECTORS ("IEWC PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES) OF ANY KIND, ARISING OUT OF OR RESULTING
FROM: (1) YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, (2) YOUR INABILITY
TO ACCESS OR USE THE SITE OR THE CONTENT, (3) COPYING, DOWNLOADING, USING OR
RELIANCE UPON ANY OF THE CONTENT, (4) USE OR DISCLOSURE OF ANY SUBMISSIONS
PROVIDED TO US BY ANY USER THROUGH THE SITE, (5) ANY VIOLATIONS OF THESE TERMS.
YOU AGREE NOT TO MAKE ANY CLAIMS AGAINST US FOR ANY REASON ARISING OUT OF YOUR
USE OF OR YOUR INABILITY TO USE THIS SITE, OR ANY CONTENT CONTAINED ON THE SITE
OR FOR ANY VIOLATIONS OF THESE TERMS.
INDEMNIFICATION
You agree to indemnify, defend and hold IEWC and the IEWC Parties harmless from
any and all claims, losses, judgments, damages, expenses, costs and attorneys'
fees, arising out of or resulting from your use of the Site, your inability to
use the Site, your access to the Content, your use of this Content, your
Submissions or any violation of these Terms.
REMEDIES
If you violate these Terms, IEWC may contact you to advise you of your violation
and seek corrective action. However, we reserve the right in our sole discretion
to immediately terminate your access to the Site for violating these Terms. In
addition to terminating your access to the Site, IEWC retains all other legal
rights and remedies available to it at law or in equity if you violate these
Terms.
USER SUPPLIED INFORMATION
IEWC does not want to receive confidential or proprietary information from Users
of this Site. You agree that any material, information, content or data you
transmit to us or post to the Site (each a "Submission" or collectively
"Submissions") will be considered non-confidential and non-proprietary. For all
Submissions, (1) you represent and warrant to us that you have the legal right
to post the Submission and that such Submission does not and will not violate
any applicable law or the rights of any person or entity, and (2) you grant IEWC
a royalty-free, irrevocable, perpetual, worldwide right to use, exploit,
communicate, distribute, reproduce, publish, display and create derivative works
from the Submission, in any and all media, in any manner, in whole or in part,
without any restriction or responsibilities to you.
LINKS AND LINKING RIGHTS
Linked Sites:
The Site contains links to third-party websites or content (the "Linked Sites").
The links are provided by IEWC as a convenience to you. IEWC is not affiliated
with the Linked Sites and is not responsible for any of the content on the
Linked Sites. IEWC does not endorse the Linked Sites nor vouch for its content.
IEWC is not responsible for the privacy and/or data-gathering practices of the
Linked Sites.
Links to Our Site:
You may link to any pages on the Site, subject to the following restrictions:
(1) you may not modify the appearance of the Site, or cause it to be framed; (2)
you may not interfere with the operation or access to the Site, (3) you may not
modify or alter the Content of the Site, (4) you may not use the link in any
manner that is misleading, defamatory, offensive or negative in any way
including, without limitation, in a manner that adversely impacts the goodwill
or reputation of IEWC, its customers, suppliers, business partners, employees,
officers, directors, products and services.
IEWC may at any time, in its sole discretion, terminate your permission to link
to the Site. Upon receiving notification by us of such termination, you agree to
immediately remove all links to the Site, and to bear all costs, including legal
fees and related expenses, we incur to enforce our rights under this provision.
INFRINGEMENT NOTICE
We respect the intellectual property rights of others. If you believe your
copyrights or the copyrights of a third person are being infringed on our site,
you may notify:
IEWC Marketing Department
To be effective, your notification must (i) be in writing, (ii) be provided to
the IEWC Marketing Department, and (iii) include substantially the following:A
physical or electronic signature of the copyright holder or authorized agent;
* A description of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
* A description of the material that is claimed to be infringing or to be the
subject of infringing activity and is reasonably sufficient to permit IEWC to
locate the material;
* Information reasonably sufficient to permit IEWC or its representative to
contact you, such as an address, telephone number, and, if available, an
electronic mail address;
* A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and
* A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Upon receipt of your notice, we may remove the complained of Content, in our
sole discretion.
CHOICE OF LAW, JURISDICTION AND VENUE
IEWC controls and operates this Site from its headquarters in the United States
of America. These Terms are governed by the laws of the State of Wisconsin,
United States of America and United States law, without regard to their
conflicts of laws principles. By accessing the Site, you agree to irrevocably
consent to submit any dispute related to the Site, the Content or these Terms to
the applicable state or federal courts located in Waukesha County, Wisconsin.
If you use this Site from outside the United States of America, you are entirely
responsible for compliance with applicable local laws, including but not limited
to the export and import laws, privacy laws and intellectual property laws of
other countries in relation to the Content.
USE OF IEWC.COM REGISTERED USER ACCOUNT
If you are an authorized user of an IEWC.com Registered User Account (the
"Portal"), you agree that all content found within the Portal is to be
considered confidential and proprietary. The Portal may be accessed and used by
authorized users for internal business purposes only. If you have not been
authorized to access the Portal, you agree that you will be liable to IEWC for
any damages resulting from your unauthorized access to, use of, or disclosure of
any content on the Portal, and you will defend, indemnify and hold IEWC harmless
from all claims arising from your access to, use of, or disclosure of content on
the Portal. Additional terms of use may apply to the Portal which will be
accessible once you have logged on as an authorized user. Your use of the Portal
constitutes your acceptance of any additional terms contained therein.
ENTIRE AGREEMENT
These Terms set forth the entire agreement between IEWC and you with regard to
their subject matter and supersede all prior or contemporaneous negotiations,
discussions or agreements between the parties.
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