Categories


For assistance with your products:
(US Customers Only)


 

  • Email sales@manvillemotor.com for support on all
    Products
  • Call Tech/Product Support 7:00 AM to 4:30 PM CST, M-F
    at 205-985-9505.

    Note: lunch hour between 12:00 - 1:00 PM CST.

For additional support-related topics please see the categories to the left.

Find the answers to questions regarding your order at manvillemotor.com.

For assistance with your order from manvillemotor.com contact us via phone at 205-985-9505
or email sales@manvillemotor.com.

 

Order Information

Payment Methods

We accept the following credit cards: Visa, Master Card, and American Express.

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Is My Order Secure?

The personal information you provide – including your billing information – is protected using Secure Sockets Layer (SSL) encryption technology. We use this technology to prevent your information from being viewable as it is transmitted over the Internet. The encrypted data goes to a secure site where your information is stored on restricted-access computers at restricted-access sites.

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Sales Tax

In accordance with applicable law, manvillemotor.com Site collects tax in the following states: AL, GA, FL, NC. Sales tax is applied to the total amount of the order and is based on the shipment's destination state and local sales tax rates.

States that impose sales tax collection on Shipping & Handling expenses require that sales tax be applied to Shipping & Handling when the item that is being shipped is subject to sales tax.

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Order Status

Order Confirmation

A confirmation email will be sent to you when your credit card is charged and your order is placed.

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Shipment Confirmation

A confirmation email will be sent to you along with the tracking number when your order is ready to leave our warehouse.

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Order Status & Tracking

You can check your order status by calling our customer service at 205-985-9505 .

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Shipping Information

Shipping Rates

All our products are shipped via FedEx, UPS, or motor freight. Shipping and handling chargers are calculated during the checkout and are based on the weight of the package, your shipping address and whether this address belongs to a residence or a business. Certian shipping options are only availabe for residential or business addresses. Once you start adding products to the shopping cart you will be able to get an estimate for shipping charges by using our online calculator.
Please note: Our weight limit for FedEx and UPS Delivery is 70lbs. If the total weight of the items in your shopping cart exceeds that limit you will not be able to see FedEx or UPS Delivery among the available shipping methods.

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Shipping Outside the Continental U.S.

We currently ship to the Continental US, Alaska, and Hawaii. Please note: we do not sell or ship internationally from manvillemotor.com at this time.

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APO/FPO Addresses

At this moment we are not able to ship to any military (APO/FPO) addresses.

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When Will My Order Ship?

Most orders will typically ship within 2-3 business days. Please allow extra time for weekends and holidays as we do not ship during those times. There may occasionally be other circumstances where there will be delays in shipment. When this happens we will do everything we can to ensure your order ships out as soon as is possible.
Please note that we cannot guarantee overnight shipping for orders placed after 2:00 pm CST

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Delivery

Please note that all packages will require signature proof of delivery.

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Availability & Back Orders

We are not taking any back orders at the moment.

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Returns and Cancellations

Return Policy

Returned Goods
All returns must be requested within 30 days of invoice. Returned merchandise will ONLY be accepted with an issued Return-Authorization number and ONLY within 30 days of issuing of that Return-Authorization number. All Special Order products are non-returnable once ordered.

All returns, except for returns involving an Manville order or product error, will be subject to a 25% restocking charge per line item.


Merchandise returned as defective will be thoroughly tested and inspected. For merchandise that is verified as defective, Manville will either (at its sole discretion) repair or replace the merchandise at no charge, or issue a full credit for the defective merchandise. Merchandise that is returned as defective, but that is determined to work properly, will be subject to a testing fee and the 25% restocking charge per line item.

Core Charges: Core credits will be voided if cores are not returned to Manville within 30 days.

Cores may have deductions for the following reasons:
  • Core has been disassembled
  • Missing parts
  • Bad or unserviceable non-standard replacement components

Cores must be returned in the same container that the remanufactured unit was shipped in or be subject to a $100.00 charge. Top of Page

Freight Collect or C.O.D returns will be refused.

Order Cancellation/Changege

We can only cancel or change your order if it hasn’t shipped yet. If you need to cancel or make changes to your order, please call our Customer Service at 205-985-9505.

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Site Use Terms

Copyrights
This Site and the materials within it are © 2011 Manville Electric Motor Co., Inc. ("Manville"). Viewing this Site creates a copy of Manville Electric Motor Co. materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.

Use License
Manville jointly grant you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Manville that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Manville relating to the sale of products or services to you through this Site, Manville will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Manville and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Manville aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Manville Electric Motor Co., Inc., Manville logo or the other Manville formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Manville. Manville prohibits use of Manville Electric Motor Co., Inc.'s logo as part of a link to or from any site unless establishment of such a link is approved in advance by Manville in writing. Fair use of Manville's Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Product Orders
While we will use our best efforts to fulfill all orders, Manville cannot guarantee the availability of any particular product displayed on this Site. Manville reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Manville reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

For further information about purchasing products from Manville, please read our FAQ: General Information About Products and our Product Return Policy carefully.

Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than Manville. Such links are provided for your reference only. Manville does not control outside Sites and is not responsible for their content. Manville's inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Manville's inclusion of the links imply that Manville is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Manville also may make employment information available through this Site. Manville is an equal opportunity employer. Manville provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Manville's policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF MANVILLE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

NO WARRANTIES; EXCLUSION OF LIABILITY
MANVILLE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MANVILLE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. MANVILLE SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER MANVILLE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

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CONDITIONS AND TERMS OF SALE

1. APPLICABILITY - All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of parts and accessories ("Products") sold on the manvillemotor.com website ("Website") of the Manville Electric Motor Co. Inc. ("Company") are subject to and shall be governed exclusively by the provisions of these STANDARD TERMS AND CONDITIONS OF SALE (the "Agreement"). Purchaser's offer to purchase Products from Company is limited to the terms and conditions of this Agreement. Any terms or conditions in addition to, or inconsistent with those stated herein, that are proposed by Purchaser in any offer to Company are hereby, by reference, totally rejected. No such additional, different or inconsistent terms and conditions shall become part of this Agreement between Company and Purchaser unless expressly agreed to in a writing signed by both parties. Company's acceptance of any offer to purchase by Purchaser is expressly conditioned upon Purchaser's full agreement to all the terms and conditions herein stated, and any terms in addition to, or inconsistent with those contained in Purchaser's Product order or receipt by Purchaser of Company's Products, shall in all events constitute full acknowledgment of and assent to the terms and conditions in this Agreement.

2. LIMITED WARRANTY -

REBUILT ITEMS: Any rebuilt item purchased from Company on the Website shall be free from defects in material or workmanship under normal use and service (the "Limited Warranty"). This Limited Warranty with respect only to rebuilt items is for defects reported to Company no later than six (6) months from the date of delivery of the Products to the Purchaser's location or 600 hours of use. Products repaired or replaced under this Limited Warranty are warranted for six (6) months from the date of delivery or 600 hours of use.

All new items will be subject to the respective manufacturer's warranty.

EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are:

(a)Routine maintenance items, cosmetic deterioration or electrical components susceptible to fluctuations in electric current.

(b)Damage to a Product resulting from inadequate maintenance, neglect, abuse, accident or collision.

(c)Damage to a Product resulting from installation or use of non-Company approved parts or accessories.

(d)Damage to a Product during shipment to the Purchaser.

(e)Any item sold has "used".

REMEDY:  Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Product is that Company will, at its sole option, repair or replace any defective Product. If Company elects to repair or replace a defective Product, Company may at its discretion provide a factory reconditioned Product or new Product from an alternate supplier. All replaced Products become the sole property of Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as Company has made reasonable efforts to repair or replace the defective Product.

DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE PRODUCTS AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED.

LIMITATIONS: THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). THE RESPONSIBILITY OF COMPANY FOR PRODUCT MALFUNCTIONS AND DEFECTS IS LIMITED TO REPAIR AND REPLACEMENT OF THE PRODUCTS AS SET FORTH IN THE LIMITED WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW SPECIFIC LIMITATIONS ON IMPLIED WARRANTIES OR THEIR DURATION, SO THIS LIMITATION MAY NOT APPLY TO YOU

Company reserves the right to improve, modify or change the design of any Company Product without being responsible to modify previously manufactured Products.

No Company employee or representative, or any other person, has any authority to bind Company beyond the terms of this Limited Warranty without the express written approval of the Company Warranty Department.

3. DELIVERY, TITLE AND RISK OF LOSS - The Products will be delivered to the Purchaser's designated location and risk of loss will transfer upon delivery to the common carrier. Title will transfer upon delivery of the Products by Company to the common carrier. Unless otherwise indicated in the purchase order, all delivery dates specified in the purchase order are estimates only and time is not of the essence in Company's performance of any purchase order. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR LIQUIDATED DAMAGES ARISING OUT OF OR RELATED TO A DELAY OR FAILURE TO DELIVER COMPANY PRODUCTS.

4. PACKING and SHIPMENT - Purchaser shall promptly and thoroughly inspect all shipments of Products immediately after delivery. Purchaser shall notify Company in writing within two (2) business days after the delivery of any Product of any damage to the Product or error in the shipment. Company reserves the right to refuse to adjust any errors in shipment or damage to the Products in the event the foregoing procedure has not been followed. Purchaser shall within five (5) business days after delivery notify the Company in writing of any other failure of Products to conform to this Agreement which is reasonably discoverable upon delivery. All failures of Products to conform to this Agreement not reported to the Company as required by this Section 4 will be deemed forever waived.

5. TAXES - Any applicable duties or sales, use, excise, value-added or similar taxes will be added to the price and included in the invoice.

6. TERMS OF PAYMENT -

(a) The full price of all Products shall be due and payable in cash or cash equivalent upon order of the Products, unless Company has agreed in writing to extend credit to Purchaser, in which event the price of all Products delivered pursuant to such extension of credit shall be due and payable as provided in such separate writing. Company may at any time, and for any reason whatever, revoke its extension of credit or alter the terms and conditions thereof with respect to any sale without prior notice to Purchaser prior to shipment.                   

(b) Unless otherwise agreed to by Company, all payments shall be in United States dollars.

(c) On late payments, the price shall, without prejudice to Company's right to immediate payment, be increased by the lesser of 1 1/2% per month on the unpaid balance or the maximum permitted by law.

(d) If any time in Company's reasonable judgment, Purchaser is unable or unwilling to meet the payment terms specified, Company may require satisfactory assurance or full or partial payment as a condition to commencing or continuing manufacture or making shipment, and may, if shipment has been made, recover the Products from the carrier, pending receipt of such assurances.

7. LIMITATION OF LIABILITY - IN NO CASE SHALL COMPANY OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURERS AND ATTORNEYS BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, ECONOMIC LOSS OR LOSS OF CONVENIENCE, ARISING FROM OR RELATED TO ANY ALLEGED FAILURE OF A PRODUCT OR ANY OTHER BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER OR NOT MANVILLE ELECTRIC MOTOR CO., INC. WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THE LIMITED WARRANTY IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE PRODUCT FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE.

8. FORCE MAJEURE - The Company shall not be liable to Purchaser or any third party for Company's failure to perform any of its obligations under this Agreement when the failure is caused in whole or in part by the occurrence of any contingency beyond the control of the Company or its Affiliates, including but not limited to war (whether an actual declaration thereof is made or not) or hostility; sabotage, terrorism, insurrection, riot or other act of civil disobedience, crime, tort or other unlawful act; act of a public enemy; failure or delay in transportation; act of any government or any agency, subdivision or branch thereof; judicial action; strike or other labor dispute; accident, fire, epidemic, explosion, flood, storm or other act of God; shortage of labor, fuel, materials or machinery, or technical failure; or delay or failure to perform by any supplier. In the event of a shortage of Products which makes it impossible or impracticable for the Company to fill all orders from all of its purchasers in the quantities and within the time periods originally agreed upon, the Company will allocate its available Products in any manner it deems reasonable.In no event shall Purchaser's lack of finances or ability to perform or pay be considered an event of Force Majeure.

9. DISPUTES WITH MANVILLE -

(a) Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(b) Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 9(a) above, you agree that any claim or dispute you may have against Manville must be resolved by a court located in Shelby County, Alabama. You agree to submit to the personal jurisdiction of the courts located within Shelby County, Alabama for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Alabama, without regard to conflict of law provisions.

(c) Improperly Filed Litigation. All claims you bring against Manville must be resolved in accordance with section 9 of this Agreement. All claims filed or brought contrary to section 9 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 9, Manville may recover attorney's fees and costs (including in-house administrative staff) up to $1,000.00 USD, provided that Manville has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

(d) Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Manville will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

10. STATUTE OF LIMITATIONS - To the extent permitted by applicable law, any lawsuit for breach of contract, including breach of warranty, arising out of or related to the transactions covered by this Agreement, must be commenced not later than twelve (12) months from the date the cause of action arose.

11. COMPLIANCE WITH EXPORT LAWS AND REGULATIONS - Products manufactured by Company, as well as technical data related thereto, are subject to export licensing controls under the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations and the U.S. Department of Treasury's boycott and export control regulations, which require licensing for and/or prohibit the export or diversion of the Company's products to certain countries, entities or individuals. If Purchaser is responsible for obtaining export approvals, Purchaser warrants that it will not assist or participate in any export of Products or related technical data without first obtaining the required export license and will not knowingly assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. If Company is responsible for obtaining export approvals, Purchaser shall assist Company, as necessary, in obtaining such approvals. Purchaser shall indemnify and hold harmless Company for any losses or claims arising out of or related to Purchaser's failure to comply with applicable export control laws and regulations.

12. ANTI-CORRUPTION COMPLIANCE - In the event Purchaser resells the Products outside of the United States, Purchaser certifies that neither Purchaser nor any of its officers, employees or representatives have paid, offered to pay or promised to pay, or authorized the payment of, directly or indirectly through any other person or firm, anything of value (in the form of compensation, gift, contribution or otherwise) to: (a) any person or entity employed by or acting for or on behalf of any other purchaser, whether private or governmental, for the purpose of inducing or rewarding any favorable action by such purchaser in connection with this transaction; or (b) any government official, political party or official of such party, or any candidate for political office, for the purpose of inducing or rewarding favorable action or the exercise of influence by such official, party or candidate in connection with this transaction. Purchaser shall indemnify and hold harmless Company and its affiliates for any losses or claims arising out of or related to Purchaser's failure to comply with the provisions of this Section 12.

13. RELATIONSHIP OF THE PARTIES - Nothing in this Agreement makes Company or Purchaser the agent or legal representative of the other party for any purpose.  Neither party has authority to assume or to create any obligation on behalf of the other party.

14. WAIVER - The failure of Company to enforce any right or remedy provided in this Agreement or any other agreement between the parties, or by law, on a particular occasion will not be deemed a waiver of that right or remedy on a subsequent occasion or a waiver of any other right or remedy.

15. SEVERABILITY - A finding that any provision of this Agreement is invalid or unenforceable in any jurisdiction will not affect the validity or enforceability of any other provision of this Agreement or the validity or enforceability of that provision in any other jurisdiction.

16. ASSIGNMENT and DELEGATION - No right or interest in the sale of Products hereunder shall be assigned by Purchaser without the written permission of Company, and no delegation of any obligation owed, or the performance of any obligation by Purchaser, shall be made without the written permission of Company. Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes unless made in conformity with this Section 16. Company shall have the right to assign this Agreement or any related purchase order and its obligations thereunder to any affiliate of Company or any successor to substantially all of the assets of Company. In the event of a proper assignment, this Agreement shall be binding upon and inure to the benefit of either party's successors and assigns.

17. THIRD PARTY RIGHTS - Notwithstanding any provision of law, no third party shall have any right to enforce this Agreement or any other contractual rights against Company or its affiliates, except as explicitly set forth in this Agreement.

18. INTERPRETATION, PAROL EVIDENCE -This Agreement is intended as a final expression of the relationship between Company and Purchaser and as a complete and exclusive statement of the terms thereof. No course of prior dealings between Company and Purchaser, and no usage of the trade shall be relevant to supplement or explain any term used herein. Acceptance or acquiescence in a course of performance rendered hereunder shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used herein, the definition contained in the Uniform Commercial Code shall control.

19. ENTIRE AGREEMENT - This Agreement, including attachments hereto, constitutes the entire understanding and agreement between the parties and supersedes any prior oral or written agreements with respect to the subject matter hereof.

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