ArtBin® Terms and Conditions of Use
Nordic Group of Companies, Ltd.
By accessing and browsing this website, you agree to the following terms and conditions of use. If you do not agree, please do not access or use this website.
Information and materials displayed on this website, including, without limitation and to the extent applicable, product offering, product pricing, specifications, warranty and /or other information, are subject to modification without notice. Nordic reserves the right to modify such information without any obligation to notify past, current or prospective website users.
In addition, to the extent Nordic offers you the ability to purchase products on the information and materials on this website, the information and materials are applicable to products sold in the United States and not necessarily to products sold in other countries. Some products or services may not be available in certain areas. Specifications on the website are for comparison purposes only. Manufacturer’s Suggested Retail Price (MSRP) excludes transportation fees, taxes, license, title, optional or regionally required equipment. Actual dealer price may vary. [Text in red may not apply to your site.]
Mention of any third party products or services is provided for informational purposes only and does not constitute an endorsement or recommendation of such products or services by Nordic.
All offers on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Intellectual Property Rights
Copyright 2013 Nordic Group of Companies. All rights reserved.
All text, audio, video, graphics, images, charts, data structures, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are the copyrighted materials of Nordic or its vendors or suppliers. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable law. In addition, many proprietary names and marks belonging to Nordic and its affiliates appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.
Any unauthorized use of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Nordic or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
Use of this Site
You may download and/or print a copy of this website’s content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Nordic.
You may not violate the security of any Nordic network or system. Such violations may result in criminal and civil liability. You may not probe, scan or test the vulnerability of this website or attempt to breach any security or authentication measures or monitor data or traffic on our website. You may not interfere with the functioning of this website, including without limitation any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks. You may not use manual or electronic means to avoid the use or access limitations that may be on this website.
This site, all contents of this site, and all products and services offered in connection with this site are provided "AS IS" and "as available" basis. Nordic disclaims all warranties of any kind, express or implied, in connection with this site to the fullest extent of the law, including the implied warranties of merchantability, title, noninfringement and fitness for a particular purpose and any warranty arising from a course of dealing or usage in trade.
Nordic does not warrant that use of this site, or the operation or function of this site, will be uninterrupted or error free, that defects will be corrected, or that this site or its server are free of viruses or other harmful elements. Nordic does not warrant or make any representations regarding the accuracy, reliability or use of this site. You use this site at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site.
Limitation of Liability
Nordic shall not be liable for any damages of any kind related to your use of or inability to use this site, including, without limitation, direct, indirect, special, incidental, exemplary, compensatory or consequential damages, lost profits, loss of business, loss of data, business interruption, or loss of revenue arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Nordic has been advised of the possibility of such damages.
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limits or exclusions may not apply to you. Nordic's liability in any case shall, however, be limited to the greatest extent permitted by law.
Submission / Feedback Information
Any feedback, comments, suggestions, ideas, or similar materials that you send to Nordic in connection with the appearance or operation of this site or any Nordic or affiliate product or service will be treated as non-confidential and non-proprietary. Nordic may use any and all such materials without notice to you and without your consent. All such materials become the property of Nordic and may be used for any purpose and on an unrestricted basis. By submitting such information to Nordic you are assigning to Nordic, at no cost to Nordic, all copyright and other intellectual property rights to the information. Nordic may publish such material and/or incorporate it or any concepts described in it in our products or on our website without compensation, restrictions on use, acknowledgement of source, accountability, or liability unless agreed to otherwise in writing.
Nordic may include links to other sites on the internet that are not owned or operated by Nordic or its affiliates as a convenience to our users. These third party websites may include authorized dealers/resellers of Nordic products and equipment.
Nordic provides these links to you only as a convenience, and the inclusion of any link does not imply directly or indirectly, any approval, association, sponsorship, endorsement or affiliation by Nordic of the third party site of its contents. Nordic is not responsible for the contents of any third party website, including without limitation any dealer or reseller website.
You link to any other pages or websites at your own risk. You should review and determine if you agree to a particular site’s terms and conditions of use before using such a site.
Unless otherwise specified, this site and its contents are displayed solely for the purpose of marketing and promoting Nordic products and services. The site is controlled by Nordic from its offices in Baraboo, WI. All matters relating to this site shall be governed by federal laws and the laws of the State of Wisconsin. Any legal action or proceeding relating to this site shall be instituted in a state or federal court with jurisdiction over Baraboo, WI. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.
Group of Companies, Ltd.
715 Lynn Avenue, Suite 100
Baraboo, WI 53913 USA
E-mail: [email protected]
User Generated Content [Use this clause and Copyright clause if allowing users to post information to the site. Requires a registered copyright agent.]
You and other users of the Nordic bulletin boards and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this site. You should exercise the utmost discretion before providing any personal information on this site. Although Nordic is not obligated to monitor content or the accuracy of information, you acknowledge and agree that Nordic, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this site. Nordic also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason.
You understand and agree that: (1) Nordic assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the site by you or by any other users or third parties and (2) Nordic is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
Nordic respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Nordic the following information, in the form prescribed by Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the allegedly infringing material, including its location on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
1 EXAMINATION-SUITABILITY CLAIMS:
You should examine each shipment promptly upon arrival. We will recognize no claims for any cause after the goods have been changed in any manner (except for reasonable test quantities). It is your responsibility to determine whether the goods are suitable for your contemplated use, whether or not such use is known to us. You waive all claims of which we are not notified in writing within fifteen (15) days after the arrival of goods at destination.
2 DELIVERY AND FREIGHT:
All goods are shipped F.O.B. point of manufacture or warehouse, freight collect, and title passes upon such delivery. We will normally designate routing and means of transportation, but will attempt to route per your written instructions. All claims for damages or loss in transit must be made by you directly to the carrier.
Unless otherwise provided herein, we warrant title and that all goods sold hereunder shall conform to this Quotation. Except as otherwise expressly stated herein, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, 3 EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS.
4 TECHNICAL ADVICE:
Any technical advice furnished you before or after delivery in regard to the use of said goods is furnished on the basis that it represents our best judgment under the circumstances, but that the goods are used at your sole risk.
You agree that our liability in respect of any warranties or matters in respect of any goods sold or delayed in shipment or not shipped is limited, at our option, (a) to repayment, or if not paid, to credit of the purchase price, (b) to replacement, or (c) to repair, of that part of said goods which is the subject of the cause on which the claim is based and that we shall in no event be liable for special, incidental, indirect, consequential, or punitive damages.
6 OVERAGES AND UNDERAGES:
Overages and underages of goods ordered shall be in accordance with our current practice.
Credit is at all times subject to approval and review by our credit department, notwithstanding the terms stated on the face hereof. If we are at any time in doubt as to your financial responsibility we may (a) decline to make further deliveries except against cash or satisfactory security, (b) declare all rendered invoices immediately due and payable, (c) discontinue production on all orders received, and (d) deliver all specially printed or nonstandard goods produced for your existing orders and demand payment therefore immediately following delivery at then current prices.
All orders are accepted and all sales made subject to the terms on the face hereof as well as the following provisions.
Any unpaid account for invoiced parts or mold work shall constitute a lien on any molds, tools, or piece parts in our possession. In the event a customer's account remains open and unpaid for a period of thirty (30) days, or in case of purchaser's dissolution or bankruptcy, we reserve the right to use purchaser's molds or tools to make and sell articles and parts therefrom and such sales shall not be deemed infringement of any patent or trademark thereon, of which the purchaser is owner or licensee.
No claims will be recognized in regard to goods disposed of or returned without our consent, and no shipping costs on returns will be paid unless previously authorized in writing by us.
10 PRINTING, ETC:
All printing, molded logos, art work, and composition is to be done on your instructions and you will hold us harmless from any liability for any resulting infringement of copyrights and trademarks. While we will use our best efforts to see that painting, artwork, and composition are in accordance with your instructions, we assume no responsibility for errors therein. All art work, printing plates, and cylinders remain our property.
Goods "purchased" hereunder which are tooling, dies, molds, other special equipment or the like (tooling) to be used to produce custom-designed product for you, such tooling are and remain our sole property and will remain in our possession and control. Your purchase price is a contribution toward our design, engineering, manufacturing, and other special costs of such tooling. We will use such tooling exclusively to make goods purchased by you, but we reserve the right to use, modify, sell, or destroy such tooling without notice after the lapse of eighteen (18) consecutive months without receipt of an acceptable purchase order from you for the standard minimum run of these goods.
The goods identified on the face hereof may be billed at the price in effect on the date of shipment if such date is more than thirty (30) days after the date of acceptance of your order subject to your right to cancel any quantity to which an increase is applicable within ten (10) days after receipt of such notice.
In the absence of proper evidence of exemption supplied to us, you will reimburse us for all taxes, excise or other charges, which we may be required to pay to any government (national, foreign, state, or local) upon, or measured by the production, storage, sale, transportation, and/or use of the goods identified on the face hereof.
14 VIS MAJOR:
No liability shall result from any cause (including without limitation: Acts of God, force majeure, labor trouble, inclement weather, shortage of or inability to obtain materials, equipment or transportation, and/or orders of courts) beyond the reasonable control of the party affected. Either of us may eliminate herefrom quantities so affected but the applicable agreement shall remain otherwise in effect. If our supply of goods to be sold hereunder is limited by any such cause, we shall have the right to reduce or cancel in its entirety our commitment under the applicable agreement.
Our contract in regard to the goods identified on the face hereof consists in its entirety of the terms and conditions appearing on the face and back of this instrument. These Conditions may be modified only with the written authorization of an officer of Flambeau, and no changes or additions shall be effected by the return to you, signed or unsigned of tear-off or other forms attached to or accompanying your order that you require us to return. No written or oral understandings, representations, or warranties predating the date hereof shall be of any effect, nor shall any written or oral communication from us to you predating the date hereof be deemed an acceptance of your order or to impose contractual obligations on us with respect to it. It is the express agreement of the parties hereto that the interpretation and effect of this Agreement shall be governed by the laws of the State of Ohio and shall govern all rights and duties of you and us hereunder.
This contract is not assignable or transferable voluntarily or by operation of law. If this instrument is an invoice, the data thereon shall be prima facie evidence that this instrument was mailed within three (3) day of its date.
17 NO LICENSE GRANTED:
No license is granted expressed or implied, under any patents by our acceptance of an order, the manufacture of any tooling for your benefit, or the purchase of goods from us.
18 CANCELLATION AND CHANGES:
A shipment cannot be canceled or changed within thirty (30) days of the ship date. If the order is for multiple shipments within thirty (30) days of each other, we may elect to run two releases at one time and in this case, you shall be responsible for both. If special accessories are required for your order, you shall be responsible for them at the time of cancellation, even if the cancellation is thirty (30) days prior to the ship date.
19 HOLD HARMLESS:
You shall hold us harmless and indemnify us against any expense or loss resulting from infringement or any violation of any patents, copyrights, trademarks, or any other intellectual property rights, arising from, or out of, compliance with your design specifications or instructions.
20 NO WAIVER:
Our failure to insist upon strict performance of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that we may have, and shall not be deemed a waiver of any subsequent breach or default of the terms and conditions herein contained. No provision in this Agreement shall be deemed to have been waived by us unless such waiver is in writing and signed by an officer of Flambeau. These conditions are subject to change by us without notice and all such changes shall apply to orders bearing a date subsequent to change.