Welcome to the FRX Innovations Online Services web site, currently located at www.frxpolymers.com, and other online services owned or controlled by FRX Innovations (collectively, the "FRX Innovations Online Services").
The FRX Innovations Online Services are not available to persons under the age of 18 or to any previous users previously suspended or removed from accessing the FRX Innovations Online Services by FRX Innovations. BY USING THE FRX INNOVATIONS ONLINE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM ANY OF THE FRX INNOVATIONS ONLINE SERVICES.
2. Incorporation by Reference.
3. Individual Features and Services.
When using the FRX Innovations Online Services, You may be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and any Policies, these Terms shall control.
4. Modification of these Terms.
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the FRX Innovations Online Services. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use FRX Innovations Online Services, you agree to the revised Terms.
5. Use of FRX Innovations Online Services.
5.1 Limited Terminable License .
Subject to your compliance with the terms and conditions set out in these Terms, FRX Innovations provides a limited, terminable license regarding access to and use of the Site Content that is revocable at any time, in FRX Innovations sole discretion. "Site Contents" means images, text, information, sounds, interactive features, links, and other features of the FRX Innovations Online Services. You are responsible for ensuring that other parties that have access to the FRX Innovations Online Services or Site Contents through your system or with your permission agree to the Terms.
5.2 Reservation of Rights.
FRX Innovations reserves all rights not expressly granted in these Terms.
5.3 Prevention of Unauthorized Use.
FRX Innovations reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use or access of the FRX Innovations Online Services, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
6. Prohibited Conduct.
BY USING THE FRX INNOVATIONS ONLINE SERVICES YOU AGREE NOT TO:
6.1 use the FRX Innovations Online Services for any purposes other than (i) to receive information regarding FRX Innovations (ii) to provide information to FRX Innovations when applicable to your use of the FRX Innovations Online Services (such as responding to a job opening);
6.2 delete indications or notices regarding the copyright or other proprietary rights on the FRX Innovations Online Services or any third party content;
6.3 use the FRX Innovations Online Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
6.4 use the FRX Innovations Online Services if you are under the age of eighteen (18) years old;
6.5 intentionally interfere with or damage operation of the FRX Innovations Online Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
6.6 take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on FRX Innovations’ infrastructure;
6.7 interfere or attempt to interfere with the proper workings of the FRX Innovations Online Services; or
6.8 bypass robot exclusion headers or other measures FRX Innovations may use to prevent unauthorized access to the FRX Innovations Online Services.
7. Submitted Information; Feedback
You agree that any information you provide to FRX Innovations at any time will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You hereby grant FRX Innovations and its affiliates a perpetual, non-exclusive, fully paid, royalty free, license and right to use any information you provide to FRX Innovations for any purpose, in any manner, and in any medium. You further agree that FRX Innovations and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback ("Feedback"), whether oral or written, that you may provide to FRX Innovations or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that FRX Innovations has no duties to you, with respect to such Feedback.
8. Third-Party Sites, Products and Services; Links.
The FRX Innovations Online Services may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). FRX Innovations does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
9.1 FRX Innovations.
You agree that FRX Innovations, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the FRX Innovations Online Services. FRX Innovations may also in its sole discretion and at any time discontinue providing access to the FRX Innovations Online Services, or any part thereof, with or without notice. You agree that any termination of your access to the FRX Innovations Online Services may be effected without prior notice, and You agree that FRX Innovations will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FRX Innovations may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) the FRX Innovations Online Services, (ii) any term of these Terms, (iii) any policy or practice of FRX Innovations in operating the FRX Innovations Online Services, or (iv) any content or information transmitted through the FRX Innovations Online Services, is to terminate these Terms and Your use of the FRX Innovations Online Services. You may terminate these Terms at any time by discontinuing use of any and all parts of the FRX Innovations Online Services.
10. Ownership; Proprietary Rights.
The FRX Innovations Online Services is owned and operated by FRX Innovations. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the FRX Innovations Online Services provided by FRX Innovations are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the FRX Innovations Online Services are the property of FRX Innovations or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FRX Innovations or its affiliates and/or third-party licensors. Except as expressly authorized by FRX Innovations, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. FRX Innovations reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold FRX Innovations, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your (or anyone using Your account's) use or misuse of the FRX Innovations Online Services, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. FRX Innovations reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FRX Innovations, and you agree to cooperate with FRX Innovations’ defense of these claims. FRX Innovations will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimers: No Warranties.
12.1 No warranties.
NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION REFERS. ,. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRX INNOVATIONS OR THROUGH THE FRX INNOVATIONS ONLINE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 12, THE TERM FRX INNOVATIONS INCLUDES FRX INNOVATIONS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE FRX INNOVATIONS ONLINE SERVICES IS AT YOUR SOLE RISK. THE FRX INNOVATIONS ONLINE SERVICES AND ANY DATA, INFORMATION, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FRX INNOVATIONS ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
FRX INNOVATIONS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE FRX INNOVATIONS ONLINE SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
FRX INNOVATIONS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FRX INNOVATIONS ONLINE SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE FRX INNOVATIONS ONLINE SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH MATERIAL OR DATA.
13. Limitation of Liability and Damages.
13.1 Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FRX INNOVATIONS ONLINE SERVICES . YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FRX INNOVATIONS ONLINE SERVICES IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FRX INNOVATIONS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE FRX INNOVATIONS ONLINE SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FRX INNOVATIONS, EVEN IF FRX INNOVATIONS OR AN FRX INNOVATIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FRX INNOVATIONS IS TO DISCONTINUE YOUR USE OF THE FRX INNOVATIONS ONLINE SERVICES. YOU AND FRX INNOVATIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FRX INNOVATIONS ONLINE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
13.2 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN FRX INNOVATIONS AND RECEIVED THROUGH ANY REFERENCE SITES.
13.3 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT FRX INNOVATIONS HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FRX INNOVATIONS AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FRX INNOVATIONS. FRX INNOVATIONS WOULD NOT BE ABLE TO PROVIDE THE FRX INNOVATIONS ONLINE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
14. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.
FRX Innovations may provide you with notices, including those regarding changes to FRX Innovations’ terms and conditions, by postings on the FRX Innovations Online Services. You hereby consent to notice in this manner.
The failure of FRX Innovations to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FRX Innovations.
15.3 Governing Law: Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts , without giving effect to any principles of conflict of laws. The parties agree that the federal and state courts residing in Boston, Massachusetts will have exclusive jurisdiction over these Terms.
15.4 No Third Party Beneficiary.
The parties specifically disavow any desire or intention to create a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
If any provision of these Terms or any Policies is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by FRX Innovations without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9 Entire Agreement.
This is the entire agreement between you and FRX Innovations relating to the subject matter herein and will not be modified except by a change to these Terms made by FRX Innovations as set forth in Section 4 above.
15.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The services are offered by FRX Innovations located at 200 Turnpike Rd. Chelmsford, MA 01824
Personal Information We Collect
You may provide personal information to us when you interact with FRX Innovations. For example, depending on the specific FRX Innovations Website page, you may provide us with personal information when you:
Contact us by email for any reason (such as to ask a question or provide us with your comments/feedback) and we collect your name and email address from this contact;
2. You are using our online request system/tool to down load data sheets and product guides or to request product: or
3. Submit your resume or other personal information in response to a job opening posted on the FRX Innovations Website.
Your use of the FRX Innovations Website and submission of information indicates your consent to these uses of personal information described below. To respond to your request, this information is stored on FRX Innovations servers in the United States.
How We Use Personal Information
We use personal information for internal purposes only. In general, we may use personal information to process your requests and provide you information or services requested. We may also use personal information for certain auditing, research and analysis to operate and improve FRX Innovations technologies and services. When we use your personal information, it may be processed on our servers in the United States of America and in other countries, and your information may be processed on a server that lies outside your own country.
From time to time and in compliance with applicable law requirements (e.g. based upon your prior consent if required under the law applicable to you), we may use contact information that you have provided to send you information regarding products and services, as well as other information that we think may be useful to you. If you do not wish to receive marketing information from us, you may opt out by declining marketing information when registering or at other information collection points on the FRX Polymer Website or by following opt out instructions included in such
Use of Aggregate Information
Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or users, from which individual identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Aggregate data helps us understand trends and customer needs so that we can better consider new services and tailor existing services to customer desires. We may share aggregated non-personal information with third parties outside of FRX Innovations.
Sharing of Personal Information
In addition, information about our users, including personally identifiable information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy, or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the company.
The following are categories of cookies used by FRX:
Session cookies. These are temporary and are deleted as soon as you close your Internet browser.
Persistent cookies. These are stored on your computer or device until they expire or you remove them. They store personal preferences such as your language preferences on multi-lingual sites to make subsequent visits easier.
Third party cookies. We work with third parties who, on our behalf, research the use of our website and activities on it. In doing so they may place a cookie on your computer or device. However, it would not contain any personal data that others could read and understand.
If you do not wish to receive cookies from the Site, you can set your browser to warn you before accepting cookies and refuse the cookie when alerted by the browser to its presence. Cookies can also be refused by turning them off in the browser. Please refer to your web browser's instructions or help screen to learn more about these functions.
Links to Other Web Sites
Use of the FRX Innovations Website by Children
You must be 18 years old or older to use the FRX Innovations Website. Accordingly, we do not knowingly collect information from children under the age of 13. If we become aware that we have inadvertently received information from a child under the age of 13, we will delete such information from our records.
Access, Update or Correct Your Personal Information
If you have created an account or a personal profile on the FRX Innovations Website, you may be able to access and update some or all your personal information on your account settings or profile page. If you wish to access, update or correct other personal information, please contact us.
We have put into place reasonable security measures to protect personal information while it is under our control. Although we take reasonable security precautions, no computer system or transmission of information can ever be completely secure or error-free, and you should not expect that your information will remain private under all circumstances. In addition, it is your responsibility to safeguard any passwords, ID numbers, or similar individual information associated with your use of the FRX Innovations Website.
Terms & Conditions
General Terms and Conditions of Sale of FRX Innovations Product
SELLER: FRX Innovations
(a) TAXES – Except as expressly provided elsewhere in the Agreement, Buyer will pay any tax (other than on income), duty or other governmental charge now or hereafter imposed on any Products or imposed on FRX Innovations by reason of the manufacture, sale, use or transportation of such products or raw material.
(b) FORCE MAJEURE – Neither party shall be liable to the other for any delay or failure of performance resulting from any circumstance (other than the payment of money owed) beyond the reasonable control of such party (a “Force Majeure Event”), including without limitation: fire, storm, flood, act of God, war, earthquake, explosion, sabotage, epidemic, quarantine restrictions, embargo, strikes or other labor trouble, compliance with law, failure of the usual means of production or of transportation, or shortage of labor, raw materials, utilities, fuel and/or energy. FRX Innovations shall not be obligated to make up any deficiencies in delivery due to any such shortage except by written agreement. In the event FRX Innovations experiences a Force Majeure Event, Buyer may purchase elsewhere the amount of product it requires which FRX Innovations is unable to provide.
(c) APPORTIONMENT– In the event of a shortage of the product and/or delay in shipment or delivery occasioned by a Force Majeure Event, FRX Innovations will endeavor to allocate equitably the available product among its buyers, its own internal users and its affiliates. In the case of a shortage or anticipated shortage of labor, raw materials, utilities, fuel or energy, FRX Innovations will endeavor to allocate equitably the available labor, raw materials, utilities, fuel and energy to use in the product covered by this contract, to FRX Innovations’ own internal use, to the use of its affiliates and to the use in other products.
(d) LIMITED WARRANTY – FRX Innovations WARRANTS THAT (i) THE PRODUCT SOLD HEREUNDER SHALL AT THE TIME OF DELIVERY CONFORM TO THE AGREED SPECIFICATIONS (OR IN THE ABSENCE OF AGREED SPECIFICATIONS, THEN TO MANUFACTURER’S STANDARD SPECIFICATIONS FOR THE PRODUCT); AND (ii) BUYER SHALL RECEIVE GOOD TITLE TO THE PRODUCT, FREE AND CLEAR OF LIENS OR ENCUMBRANCES. HOWEVER, FRX INNOVATIONS MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, TO THE EXTENT THAT THE PRODUCTS CONFORM TO THEIR APPLICABLE SPECIFICATIONS, THE BUYER ASSUMES ALL RISK AND LIABILITY FOR RESULTS OBTAINED BY THE USE OF THE MATERIALS COVERED BY THIS CONTRACT, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS.
(e) EXCLUSIVE REMEDIES – The exclusive remedy of Buyer against FRX Innovations for any failure to perform its obligations under the Agreement is expressly limited to one of the following:
(i) providing the quantity of Product to Buyer with respect to which the claim is established, or
(ii) paying the qualifying damages established by Buyer, in an amount not to exceed the purchase price paid for the Product with respect to which such damages are claimed.
This limitation shall apply to all claims, whether stated in contract, warranty, tort, strict liability, infringement of third party rights or any other legal or equitable claim whatsoever. Failure to give written notice of claim within sixty (60) days from date of delivery, or in the case of non‑delivery, from the date fixed for delivery, shall constitute a waiver by the parties of all claims with respect thereto. In no event will FRX Innovations be liable to Buyer for loss of profits or for punitive, special, exemplary, incidental or consequential damages.
(f) DELIVERY – FRX Innovations will endeavor diligently to make the Product on or about the requested pick up dates, given the limits of its operational and logistical constraints. However, requested pick up dates are for indicative purposes only, and pick up date on a date other than the requested date (i) shall not entitle Buyer to reject the goods unless Buyer shall have given FRX Innovations notice of cancellation at least three (3) days prior to shipment; and (ii) shall not entitle Buyer to any claim for compensation.
(g) WAIVER – Failure of either party in any particular circumstance to insist on the strict performance of any covenant, term, provision or condition hereunder, or to exercise any option herein contained, shall not be construed as a waiver thereof in any other instance.
(h) NOTICE – Notice to either party under this Agreement shall be deemed good and sufficient if sent by mail to the address specified on any purchase order or invoice (or otherwise to the last known address of such party), and shall be deemed effective three business days after the date of such mailing.
(i) ENTIRE AGREEMENT – This Agreement constitutes the entire contract of purchase and sale of the product(s) named herein. All prior agreements between the parties relating to this subject shall have no further force or effect. The terms of this Agreement shall not, in the absence of prior express written consent of the parties, be amended, supplemented or superseded by any terms or provisions of any purchase order, invoice or other document of any kind.
(j) GOVERNING LAW – This Agreement shall be interpreted in accordance with the laws of the State of Massachusetts, without giving effect to provisions as to the conflicts of laws.
(k) ASSIGNMENT – This Agreement is neither transferable nor assignable by either party, except (i) to its majority-owned affiliates, (ii) to its successors to that portion of the business to which this Agreement relates, or (iii) with the prior written consent of the other party.
(l) SAFE PRACTICES – Buyer acknowledges that it is familiar with the safety and health data outlined in Manufacturer’s Material Safety Data Sheet(s) relating to the Product and any other information which has been provided by FRX Innovations. Buyer will act with reasonable diligence and prudence to safeguard the health and safety of its employees, customers and the environment.
(m) CREDITWORTHINESS – In the event that Buyer's financial responsibility deteriorates materially, FRX Innovations shall be entitled to require advance payment or satisfactory assurances of future payment.
(n) CONFIDENTIALITY – FRX Innovations and Purchaser agree to maintain confidentiality as to the commercial terms of this Agreement, except only as may be required (in the good faith opinion of counsel) to comply with applicable law.
Nofia HM1100, Nofia HM9000, Nofia HM7000, Nofia HM5000
Patent Nos. CN1,777,632, EP1,597,303, EP2,173,801, EP2,181,141, JP04,936,121, JP05,452,810, JP05,603,238, JP05,808,253, KR1,510,085, US6,861,499, US7,666,932, US7,816,486, US8,093,320, US8,975,367, US9,290,653, US9745424
Nofia CO3000, Nofia CO4000, Nofia CO6000
Patent Nos. CN101506310, CN101321804, CN102675618, CN103282405, EP1,979,395, EP1,919,977, EP2,173,801, JP05,452,810, JP05,603,238, JP05,714,800, JP05,808,253, JP05964307, JP06023123, KR1,415,630, KR1,510,085, RU2,575,339, TW473,857, US7,645,850, US7,666,932, US7,838,604, US8,093,320, US8,389,664, US8,415,438, US8,648,163, US8,975,367, US9,290,653
Nofia OL1001, Nofia OL3001
Patent Nos. CN103384673, CN103,384,674, CN104194000, EP2655383, EP2655384, EP2816048, IL226,937, IL227,106, IL232,716, JP05,806,333, JP05,808,253, JP05,819,983, JP05908945, KR1,419,694, KR1,424,525, KR1,489,176, TW460,212, TW472,558, TW475,052, US8,530,044, US8,563,638, US8,779,041