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PRIVACY POLICY

Snap-on Business Solutions Inc., Snap-on Business Solutions Limited, BTC Solutions Limited t/a autoVHC, and Snap-on Business Solutions a division of IDSC Holdings LLC Inc. are part of the Snap-on Incorporated group of companies (“Snap-on Group”), which processes your information. Snap-on Business Solutions Inc. and its affiliates are referred to as “we” in this privacy policy.

The protection of your personal information is an important concern to which we pay special attention.

This privacy policy answers frequently asked questions about the kinds of personal information we collect from you and how it is used.

Please note, the privacy practices set forth in this privacy policy are for Snap-on Business Solutions Inc. and its affiliates only. Other companies within the Snap-on Group may have websites and products that collect and use different personal information. Additionally, if you link to or otherwise visit any other websites, please review the privacy policies posted on those sites.

Should you have any questions or concerns regarding this privacy policy, please contact us at: SBS_Services@Snapon.com.

  1. What types of personal information do we gather?

Depending on the website, product or service you use, we may collect and process, and have collected and processed in the last 12 months, a range of personal information including:

  • Identifiers: Such as a real name, alias, postal address, telephone number, online identifier, internet protocol address, email address, account name, your signature, or other similar unique personal identifiers.
  • Commercial Information: Such as transaction and purchase information and history.
  • Financial Information: Such as your bank account number, credit card number, debit card number or any other financial information.
  • Technical and Usage Information: Such as login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and information on other technology on the devices using our websites or products; information about how you use our website, products and services, such as browsing history, search history, or other information on interactions with our websites, applications, products and services. For detailed information on the tracking technologies we use on this website, see the Cookies section.
  • Sensory information: Such as audio, electronic, visual and similar information, such as call and video recordings.
  • Geolocation Information: Such as device and internet protocol address location.
  • Inference Information: For example preference profiles drawn from any of the personal information listed above.
  • Protected Class Information or other Sensitive Information: including classifications protected by law such as: primary language, military/veteran status.
  • We do not intend to collect personal information of Children: We do not knowingly collect personal information from children under 16. Our website is not intended for children under 16 years of age. If you are under 16, do not use or provide any information on this website or through any of its features. If you believe we might have any information from or about a child under 16, please contact us at SBS_Services@Snapon.com.
  1. What are the sources of personal information we have gathered?

We collect personal information from a variety of sources, including:

  • From You. You may directly give us personal information when you:
    • Apply for, purchase, register or use our products and services;
    • Receive customer support;
    • Create an account on our website;
    • Subscribe to our publications;
    • Request marketing be sent to you;
    • Enter a competition, promotion or survey;
    • Correspond with us in person at trade shows, events, or otherwise;
    • Interact with us as a potential or existing franchisee or as an employee of a franchisee;
    • Make a claim under a franchisee insurance policy for which we provide claims administration services;
    • Give us feedback or provide us other information when you contact us; or
    • When you connect your social media account to your account with us.
  • From automated technologies or interactions. As you interact with our website or application, we will automatically collect Technical and Usage Information (more fully described in the “What types of personal information do we gather?” section). We collect this data by using cookies, server logs and other similar technologies. For detailed information on the technologies we us on this website, see the Cookies section.
  • From third parties or publicly available sources. We will receive personal information from various third parties that confirmed they are authorized to share it with us or other public sources, such as:
    • Original Equipment Manufacturer (OEM)
    • Consumer reporting agencies, credit reference agencies and publicly available databases;
    • Auto repair shops and auto dealers who use our products or services;
    • Our franchisees;
    • Insurance companies and brokers;
    • Other Snap-on Group companies that you may interact with through other websites, products, services, or social media pages;
    • Search information providers; or
      • Marketing list providers and other data aggregators
      • Advertising networks
      • Internet service providers
      • Data Analytics Providers
      • Operating systems and platforms
      • Social networks
      • Data brokers
  1. How is that personal information used by us?

We may use your personal information in the following ways:

  • Business Uses, such as:
    • Register you as a new customer;
    • Process and deliver your order, manage your subscriptions, or carry out our obligations arising from any other contracts you enter into with us;
    • Manage payments, fees and charges and collect and recover money owed to us;
    • Managing our relationship with you by sending you renewal notices, notifying you of product or service information, asking you to leave a review or take a survey, or enabling you to partake in a prize draw or competition;
    • Fulfill your requests, answer your questions, respond to your comments, and measure how effectively we address your concerns;
    • Analyze and develop new products and services, or make suggestions and recommendations to you about goods and services that may be of interest to you;
    • Provide customer support; or
    • Fulfill any legal obligations we may have.
  • Monitoring & Recording: to handle any calls, chats or other interactions with us, including by the customer services team. Please be aware that it is our general practice to monitor and in some cases record such interactions for staff training or quality assurance purposes or to retain evidence of a particular transaction or interaction.
  • Mobile Applications: to make available mobile applications, to implement social media platforms on some of our websites, to register on these platforms. Please refer also to any supplemental privacy policy that may be available with respect to these third party social media platforms.
  • Website Experience: for the technical administration of the website; for internal operations; for customer administration; for product surveys; for troubleshooting; for information analysis, information analytics, testing, and research and development purposes; to ensure that content from our site is presented in the most effective manner for you and for your computer; and as part of our efforts to keep our site safe and secure.
  • Protecting our Rights and Property: to protect our rights or property or that of our business partners, franchisees, dealers, suppliers, customers or others when we have reasonable grounds to believe that such rights or property have been or could be affected; to recover debts; to prevent, detect, identify, investigate, respond, and protect against potential or actual claims, liabilities and prohibited behavior or activities.
  • Information for our Business Partners, Dealers and Franchisees: to administer and develop our business relationship with you, the business partner, dealer or franchisee you represent, including sharing information with our group, to enter into or perform a transaction with you, to contact you as part of satisfaction surveys or for market research purposes.
  • Product development: We may use non-identifying and aggregate information to gather information for product management and development. For example, we may tell our sales and marketing staff that X number of individuals visited a certain area on our website, or that Y number of software licenses were ordered during a particular time period. This aggregate information may also be shared with our affiliates and independent dealers.
  • Marketing: to communicate about, and administer participation in, special events, programs, surveys, contests, sweepstakes, and other offers and promotions; to provide you with information about other goods and services we offer, or offered by others, that are similar to those that you have already purchased or enquired about and to send informational or promotional email messages to you, which you may opt out of receiving as described below.
  1. On what legal basis do we gather and use personal information of EU/EEA residents?

By visiting our website and/or providing your personal information in order to use our product or services you are accepting and consenting to the practices described in this policy.

  1. Is my personal information disclosed to third parties?

We may disclose Personal Information with the following categories of third parties:

  • "Affiliates." We share with our affiliates for the purposes described in this Privacy Policy.
  • "Service Providers." We share with our trusted third-party service providers, to facilitate services they provide to us, such as internet services, website hosting, data analytics, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing, background checks, and other services.
  • "Social Networks." We share with social network platforms, who use the data we share in accordance with their own privacy policies.
  • "Business Partners." We share with our trusted business partners.
  • "Franchisees." We share information with our Franchisees.
  • "Marketing Partners." We share with our marketing partners to permit them to send you marketing communications, consistent with your choices.
  • "Credit Bureaus." We share information about your credit history with us with credit bureaus.
  • "Legal Authorities." We share with public and government authorities, including regulators and law enforcement, to respond to requests, as well as to protect and defend legal rights.
  • "Other Parties in Litigation." We share information in the context of litigation discovery and in response to subpoenas and court orders.

In the preceding 12 months, we disclosed for our operational business purposes the following categories of Personal Information to the following categories of third parties:

 

Categories of Personal Information

Disclosed to Which Categories of Third Parties for Operational Business Purposes

Identifiers

Affiliates, Service Providers

Commercial Information

Service Providers

Financial Information

Service Providers

Technical and Usage Information

Affiliates, Service Providers

Educational Information

Not collected

Professional/Employment Related Information

Not collected

Sensory Information

Not collected

Geolocation Information

Service Providers

Inference Information

Not collected

Protected Class Information

Service Providers

 

  1. How long will my personal information be kept for?

We will endeavor not to keep your personal information in a form that allows you to be identified for any longer than is reasonably necessary for achieving the permitted purposes. This means that information will be destroyed or erased from our systems or anonymized when it has reached the applicable retention period.

  1. Will my personal information be transferred to other countries?

We are a global company and we may process, store and transfer personal information we collect to a country outside your own, provided that certain conditions as set out in the applicable legislation are complied with.

We are party to an information transfer agreement with the members of the Snap-on Group and we will keep that document up to date with current law. For more information on the safeguards in place, please contact SBS_Services@Snapon.com.

  1. What security measures are in place to protect my personal information?

We endeavor to protect the security of your personal information. We will seek to maintain administrative, technical and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your personal information.

Unfortunately, the transmission of information via the internet is not completely secure. Although we endeavor to protect your personal information, we cannot guarantee the security of your personal information transmitted to us or stored on our systems; any transmission is at your own risk. Once we have received your personal information, we will use procedures and security features to try to prevent unauthorized access. These procedures include physical, electronic, and managerial procedures.

  1. How do I update or access my personal information?

We ask that you keep your information as up-to-date as possible so you may get the maximum benefit from us.

If you have an account with us then you can access and correct personal information that we keep in your online account by changing your profile on the website or its Access Control system. For other questions related to updating or changing your account information or if any errors in your personal information cannot be corrected by accessing your website account, please send a request to SBS_Services@snapon.com.

  1. What specific rights do I have in relation to my personal information based on my residency?
  • European Union and European Economic Area Residents. Depending on the circumstances, the General Data Protection Regulation “GDPR” may provide you the right to:
    • request access to any personal information we hold about you;
    • object to the processing of your information for direct-marketing purposes;
    • ask to have inaccurate information held about you amended or updated;
    • ask to have your information erased or to restrict processing in certain limited situations;
    • request the porting of your personal information to another organization in control of your personal information; and/or
    • object to any decision that significantly affects you being taken solely by a computer or other automated process.
    • If you are a resident of the European Union or European Economic Area that wishes to make a formal request for information we hold about you, you can contact us, at SBS_Services@snapon.com. We will respond to your request consistent with the GDPR.
  • California Residents: The California Consumer Privacy Act (“CCPA”) provides California residents specific rights regarding their personal information. You have the right to be free from unlawful discrimination for exercising your rights under the CCPA. This section describes your CCPA rights and explains how to exercise those rights.
    • Access to Specific Information and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including the following:
      • The categories of personal information we collected about you.
      • The categories of sources for the personal information we collected about you.
      • Our business or commercial purpose for collecting that personal information.
      • The categories of Personal Information about you that we shared or disclosed, and, for each, the categories of third parties with whom we shared or to whom we disclosed such Personal Information.
      • The specific pieces of personal information we collected about you (also called a data portability request).
    • Deletion Request Rights: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We do not provide these deletion rights for B2B personal information. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
      • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
      • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
      • Debug products to identify and repair errors that impair existing intended functionality.
      • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
      • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
      • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
      • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
      • Comply with a legal obligation.
      • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
    • Exercising Access, Data Portability, and Deletion Rights.
      • To exercise the rights described above, please submit a verifiable consumer request to us by either:
      • We will verify and respond to your Request to Know or Request to Delete consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as username or account number, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a Request to Delete, we may ask you to confirm your request before we delete your Personal Information.
      • If you are the authorized agent of a consumer, making a Request to Know or a Request to Delete on behalf of the consumer, we will ask you for:
        • proof of your registration with the California Secretary of State to conduct business in California; and
        • proof that the consumer has authorized you to make a Request to Know or a Request to Delete on the consumer’s behalf. This must be a permission signed by the consumer. “Signed” means that the permission has either been physically signed or provided electronically in accordance with the Uniform Electronic Transactions Act, Civil Code 1633.7 et seq.
      • If an authorized agent has not provided us with a power of attorney from the consumer pursuant to Probate Code sections 4000-4465, we may also:
        • require the consumer to provide you with a written permission signed by the consumer to make the request on the consumer’s behalf,
        • verify the identity of the consumer as we would if the consumer were making the request personally, and
        • obtain verification from the consumer that they provided the authorized agent permission to make the request.
    • Other notices for California residents:
      • California “Do Not Track” Disclosure. We do not track our customers over time and across third party websites to provide targeted advertising and therefore generally do not respond to Do Not Track (DNT) signals.
      • Pursuant the CCPA, California residents have the right to opt-out of the sale of their personal information.
      • WE HAVE NOT “SOLD” PERSONAL INFORMATION FOR PURPOSES OF THE CCPA.
      • If you are a resident of California, under 18, and a registered user of our websites, you may ask us to remove content or information that you have posted by writing to our Data Protection Manager at DataProtectionManager@snapon.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
  • Nevada Residents: Nevada residents may request that website operators not sell consumer’s “Covered Information” as defined by Nevada law. WE HAVE NOT “SOLD” COVERED INFORMATION FOR PURPOSES OF NEVADA LAW. If you are a Nevada resident that would like to make a further inquiry regarding the selling of your Covered Information, please contact DataProtectionManager@snapon.com.
  1. How do I opt out of being contacted for promotional purposes?

You have the right to ask us not to send you marketing communications. We will usually inform you (before collecting the personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect personal information. You can also exercise the right to prevent such processing at any time by:

  • Clicking the unsubscribe link in any informational or promotional email that we send you.
  • Contacting our Customer Service Center at SBS_Services@Snapon.com or 1-800-656-4772 if you have any questions about changing your contact preference or require assistance in removing your name from our subscription lists.
  1. How do we use cookies?
  • What are cookies: Cookies are small text files that are placed on your computer by websites that you visit, and are widely used to make websites work, or work more efficiently.
  • How do I change my cookie settings:
    • Most browsers automatically accept cookies. However, you can prevent cookies from being stored on your computer or device by setting your browser to not accept cookies. The exact instructions for this can be found in the manual for your browser. You can delete cookies already on your computer or device at any time. If you choose to set your browser settings so cookies are not accepted, then you can still visit our website, apps and online services, however doing so may affect your use of some parts of our web services, apps and online services and reduce availability of the services provided by our website, apps and online services.
    • To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
  • How does this website use cookies: The table below explains the cookies we use and why.

Honda.snapon.com Cookies:

 

Name

Cookie Type

Purpose

Expiration

cartId

Strictly necessary Persistent

Tracks the user's cart

7 days

.AspNet.ApplicationCookie

Strictly necessary Session

Store information to log in and authenticate login

On session end

ASP.NET_SessionId

Strictly necessary Session

Store information to log in and authenticate login

On session end

__RequestVerificationToken

Strictly necessary Session

Enhance security (such as preventing cross-site scripting)

On session end

__utma

Analytical (Persistent)

Google tracking cookie

365 days

__utmb

Analytical (Persistent)

Google tracking cookie

365 days

__utmc

Analytical (Persistent)

Google tracking cookie

365 days

__utmt

Analytical (Persistent)

Google tracking cookie

365 days

__utmz

Analytical (Persistent)

Google tracking cookie

365 days

 

Except for essential cookies, all cookies will expire after a browser process is terminated, an EPC user logs off the EPC manually, an EPC user’s authenticated session has exceeded its designated time limit, or a user session is terminated by SBS.

  1. Who should I contact with concerns or questions about this Privacy Policy or applicable data protection legislation?

If you have concerns or questions about this Privacy Policy or you believe that the applicable data protection legislation or this policy has not been followed, then you should raise the matter with our Data Protection Manager at DataProtectionManager@snapon.com.

If you are a citizen of the European Union or European Economic Area, you may make a complaint at any time to the applicable supervisory authority for data protection issues. We have appointed a data protection manager who is responsible for addressing any reported data protection issues related to GDPR, and we would like the opportunity to respond to your concerns before you approach a supervisory authority so please feel free to contact the data protection manager at DataProtectionManager@snapon.com.

  1. Modifications to this Privacy Statement

We reserve the right to modify this Privacy Policy at any time and without prior notice, subject to applicable legal requirements to notify you or obtain your consent. We will post any changes on our website so please check regularly for the most recent version of our Privacy Policy. This version is dated, 03 July 2020.

  1. Links

This site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of those sites, and our Privacy Policy does not apply to information collected from you by those sites. We encourage you to read the privacy statements of each site that collects information from you. When you are leaving our site via a link to interact with a site that is not governed by our Privacy Policy, a new browser window will open. If your interaction with our site will require sending your information to a third-party site that is not governed by our privacy policy, we will clearly inform you before your information is sent.

DISCLAIMER

By accessing and using this web site, each user agrees that they have read and agreed to be bound by the Terms and Conditions governing this site. All the contents of this website are copyright by Snap-on Business Solutions, a Division of IDSC Holdings Inc. All rights reserved. The Kia Symbol and Logotype is the property of Kia.

Using this web site and/or purchasing product from Snap-on Business Solutions does not provide authorization for use of any of Kia trademarks, which are reserved for Kia and its franchised dealers.

TERMS

1. Offering and Governing Provisions.
Snap-on Business Solutions ("Seller") has contracted with certain manufacturers (each, a "Manufacturer") to provide equipment to Seller for inclusion in the Seller's catalog (the "Catalog") and for resale. For each item of Equipment, the Manufacturer thereof is identified in the Catalog. Seller's offer to sell the equipment listed in the Catalog (the "Equipment") is subject to the following terms and conditions. This offer is expressly conditioned upon Buyer's assent to these terms and conditions, and Buyer's placement of any order for Equipment shall constitute Buyer's unconditional acceptance of these terms and conditions. Except as set forth in this Paragraph 1, Seller hereby objects to any additional and/or different terms which may be contained in any of Buyer's forms or other correspondence. No such additional different terms will be of any force or effect. The terms and conditions set forth herein, and any contract for the sale of Equipment by Seller, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without reference to principles of conflicts of laws.

2. Prices.
Prices of Equipment shall be the prices published in the-then current Catalog, as amended or supplemented from time to time by Seller. For all payments made directly to Seller, payment terms are net thirty (30) days from the date on the invoice; any payments not made directly to Seller shall be according to the payment terms then established by Seller. Seller reserves the right to charge interest of up to 1.5% per month (but not more than the highest rate permitted by law) on all overdue accounts.

3. Sales and Similar Taxes.
Any Manufacturer's tax, occupation tax, use tax, sales tax, excise tax, duty, custom, inspection and testing fee, or any other tax, fee, interest, or a charge of any nature whatsoever imposed by any governmental authority, on or measured by the sale by Seller to Buyer, shall be paid by Buyer in addition to the prices quoted or invoiced. If Buyer is exempt from any such tax or charge, Buyer shall provide Seller the applicable exemption certificate. If Seller is required to pay any such tax, fee, interest or charge, Buyer promptly shall reimburse Seller therefor.

4. Errors.
Stenographic and/or clerical errors may occur from time to time in the catalogs, price schedules, program bulletins and announcements, order paperwork, and other documents developed and distributed by Seller in connection with the marketing of Equipment. All such errors are subject to correction by Seller.

5. Orders.
Orders for Equipment must be placed either by phone or by using one of the order forms supplied to Buyer. All orders are subject to these Terms and Conditions, as amended or revised from time to time by Seller. At Seller's discretion, Seller may require Buyer to confirm in writing any order placed by phone or fax. Buyer may not alter or withdraw its order except upon payment to Seller of an appropriate cancellation charge or restocking charge.

6. Delivery.
Except as otherwise specified in the Catalog, or except as otherwise agreed by Buyer and Seller in writing, Equipment shall be sold F.O.B. Manufacturer's shipping point, commercial carrier freight prepaid. Seller has the right to select the carrier and mode of transportation. Seller reserves the right to make delivery in installments and all such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Title to Equipment and risk of loss or damage shall pass to Buyer at the F.O.B. point. In the event of in-transit damage to the Equipment, Buyer shall accept the shipment and file its claim with the delivering carrier within ten (10) days after receipt of the damaged shipment (with a copy to Seller). All claims for shortages or other errors in delivery must be made in writing to Manufacturer (with a copy submitted to Seller) within ten (10) days after receipt of shipment. Failure to give any notices required under this Paragraph 6 shall constitute unqualified acceptance and a waiver of all such claims by Buyer.

7. Security Interest.
The Buyer hereby grants Seller a security interest in all Equipment ordered or delivered, until such time as Buyer shall execute and deliver any financing statements or other documents as may be requested by Seller in order for Seller to establish and maintain a perfected security interest in the Equipment.

8. Unloading and Installation.
Buyer shall be solely responsible for providing such unloading devices (e.g. fork lift, tow truck) as may be required to unload Equipment from the carrier. Seller shall cause the Manufacturer to furnish Buyer with all written installation manuals, directions, and instructions that the Manufacturer ordinarily supplies with the Equipment. Seller shall not be responsible for installation, on-site testing, or start-up of Equipment at Buyer's destination; however, with certain types of Equipment, some Manufacturers may offer such service to Buyer. The terms and conditions under which such services are available to Buyer shall be determined between Buyer and Manufacturer without the involvement of Seller.

9. Right of Set-Off.
In addition to any right of set-off provided by law to Seller, all moneys and accounts owed Buyer hereunder shall be considered net of indebtedness of Buyer to Seller (including all its divisions, operating units and subsidiary corporations) arising from whatever cause; in addition, Seller has the right to deduct any amounts due to or that become due hereunder to Seller from any amounts due or to become due to Buyer from Seller.

10. Notice of Defect.
In the event Equipment supplied hereunder is claimed to be defective, any claims must be made within 30 days after Buyer's receipt. Seller shall be given ample opportunity to inspect the Equipment, and Buyer acknowledges and agrees that Seller shall not be liable for any transportation, fabrication, installation, or other expenses incurred by Buyer in connection with defective Equipment.

11. Pass-Through Warranty.
Seller makes no warranty to Buyer regarding the Equipment (other than a warranty of title) and Seller authorizes no third person or party to assume any warranty obligation or liability on Seller's behalf. The only warranties applicable to the Equipment are those, if any, extended by the respective Manufacturer. The Manufacturer shall furnish to Buyer any and all applicable warranty documents. Seller hereby assigns to Buyer, without recourse, any applicable warranties extended to Seller. Such assignment shall constitute Seller's sole obligation and Buyer's sole and exclusive remedy from Seller with regard to defective Equipment.

SELLER SHALL HAVE NO OBLIGATION OR LIABILITY TO BUYER UNDER ANY PROVISION OF THIS AGREEMENT, AND HEREBY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTY RELATED TO THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AGAINST INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability.
Seller's liability with respect to the Equipment sold hereunder shall be limited to the obligation to assign the Manufacturer's warranty as provided above, and with respect to other performance of the contract shall be limited to the contract price.

SELLER SHALL NOT BE SUBJECT TO AND HEREBY DISCLAIMS (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD BY SELLER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

Without limiting the generality of the foregoing, Seller specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, costs of any equipment recall, loss of use of equipment or any associated parts, costs of capital, costs of substitute equipment, facilities or services, downtime, shutdown, or slowdown costs, or for any other types of economic loss, or claims of Buyer's customers or any third party for any such damages.

13. Returns.
Equipment may be returned only when Buyer obtains Seller's advance written permission. Such requests should be made on a return goods authorization form available from Seller. Returned Equipment must be new, unused, and in the original carton, must be securely packaged to reach the location designated by Seller without damage, and must be shipped F.O.B. designated location, freight prepaid. Seller will issue credit to Buyer only to the extent that the Manufacturer issues credit to Seller for the return of such Equipment.

14. Cancellation.
No order may be canceled or altered by Buyer except upon Seller's written consent.

15. Aftermarket Service.
Seller shall cause the Manufacturer to furnish Buyer with all applicable service manuals, operating manuals, and other like information, that the Manufacturer ordinarily supplies with the Equipment. Without assuming responsibility therefor, Seller shall cooperate with and assist Buyer in obtaining such warranty and after-warranty service as the Equipment requires.

16. Failure or Delay of Performance.
All delivery dates are approximate; time is not of the essence as regards delivery of the Equipment to Buyer. Seller shall not be liable for any damage as a result of any failure to deliver or for any delay in the event and to the extent such failure or delay results from events beyond Seller's reasonable control, including, but not limited to any of the following: acts of God, acts of Manufacturer, acts of Buyer, fire, flood, war, any transportation or utility shortage or curtailment, governmental regulations, policies or action, accident, slowdown, riot, or labor strike.

17. No agents.
From time to time sales representatives of various Manufacturers may visit Buyer to promote the sale of Equipment. Buyer understands and acknowledges that all such representatives act for and on behalf of their respective Manufacturers only, and that no statements or representations made by such sales representatives are to be attributed to Seller or any of its divisions or other operating units.

18. Equipment Changes.
Seller has the right to discontinue or suspend the sale of any Equipment and to make or permit changes in design or specifications of any Equipment at any time without incurring any obligation or liability to Buyer with respect thereto; provided, however, that if any pending orders placed by Buyer would be affected by such a design or specification change, Seller shall give Buyer advance notice thereof and an opportunity to cancel.

19. Waivers.
Except as otherwise provided herein, no omission or delay by either the Seller or Buyer at any time to enforce any right or remedy reserved to it, or to require performance of any of the terms and conditions herein, shall be a waiver of any such right or remedy to which either party is entitled, nor shall it in any way affect the right of either party to enforce such provision(s) thereafter.

20. General.
When confirmed by Seller, Buyer's order including these Terms and Conditions shall become the entire agreement between Seller and Buyer and a complete allocation of risks between Seller and Buyer relating to Buyer's acquisition of the Equipment. This agreement supersedes all prior understanding and agreements between the parties relating to the subject matter hereof and may not be supplemented or amended except expressly in writing signed by the party to be charged therewith. Buyer may not assign any of its rights or delegate any of its duties hereunder without the prior written consent of Seller.