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