Terms and Conditions
Clarion guarantees to you, the original Buyer, that its products (safety signs, labels, tags and markings) are free from defects in material or workmanship. Clarion limits its obligation under this warranty to credit the portion of the sale price or replacement of the product that is shown to Clarion’s satisfaction to have been defective at the time Clarion sold it. All standard products are eligible for return for credit or replacement. However, removal of the Clarion tagline, product code, or part number from the product’s design renders the product non-returnable without exception, including manufacturer defect. All claims must be made within fourteen calendar days of the product’s receipt of delivery. A 20 percent restocking fee may apply. Custom products (defined as non-standard items) are not eligible for returns unless a manufacturing defect is present. Purchase orders for custom products are non-cancellable upon Clarion’s receipt. Buyer shall purchase the entire quantity of product within the specified delivery date as defined in the purchase order.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON CLARION’S PART. UNDER NO CIRCUMSTANCES WILL CLARION BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE, OR CONSEQUENTIAL DAMAGE INCLUDING ANY CLAIM OF PERSONAL INJURY OR DAMAGE, INCURRED FROM THE USE, OR INABILITY TO USE, ANY OF CLARION’S PRODUCTS OR SERVICES.
Clarion makes no representations or warranties as to the sufficiency, legal or otherwise, of any of the products or services provided to Buyer. If the Clarion products’ designs contain symbols, the symbols may or may not have demonstrated understandability for the users of Buyer’s products. Clarion strongly encourages its customers to perform comprehension testing for their Clarion products prior to production or use in accordance with the ANSI Z535.3 Standard Criteria for Safety Symbols or ISO 9186. Verification of the accuracy of any and all translation is the responsibility of Buyer. It is the responsibility of the manufacturer of a product to ensure that the product contains adequate warnings. Due to the variety of products and uses to which any product may be placed, it is impossible for Clarion to render any opinion as to the adequacy of any products it sells. Adequacy of warnings, as well as non-defective design, is the responsibility of the manufacturer. Clarion expects all its customers to contact their legal, engineering and risk management consultants to ascertain their responsibilities in the field of product safety, warnings, and product liability law.
Buyer hereby agrees to indemnify, defend, reimburse, and hold Clarion and its employees harmless from any and all liability, claims, demands, suits, judgments, settlements, and causes of action and all costs, charges and expenses, including counsel fees associated therewith, incurred by or accruing against Clarion arising out of or in connection with injury or death of any person or damage to or loss or destruction of property which allegedly results from or is attributable to any defect or claim of defect, negligence or breach of warranty of any of Clarion's products or services.
The copyright for all Clarion product designs remain the sole property of Clarion. Clarion limits permission to Buyer to use Clarion designs for Buyer's use for inclusion in a product's instructional material and on the products that Clarion manufactures.
Buyer warrants and represents to Clarion that all copyrights, trademarks, marks, designs, drawings or other intellectual property provided by Buyer to Clarion in connection with production of products by Clarion for Buyer are the property of Buyer and do not infringe upon any copyright, patent, trademark, or proprietary right of any third party.
Buyer shall defend or settle, at its own expense, any claim or suit against Clarion arising out of or in connection with an assertion that any material furnished by Buyer to Clarion infringes any copyrights, patents, trademarks or other intellectual property rights, and Buyer shall indemnify and hold harmless Clarion from all damages, loss, costs, and attorneys’ fees, incurred by Clarion as a result of such assertion of infringement. In the event that an allegation of infringement of intellectual property rights is made against Clarion, Clarion will (i) give Buyer prompt written notice of and control over the defense and settlement of any demand, claim, action or lawsuit for which Clarion believes it is entitled to indemnification under this paragraph and (ii) cooperate fully in such defense and settlement.
If any such claim of infringement of intellectual property rights has occurred or in Buyer’s or Clarion’s opinion is likely to occur, then Buyer may, in addition to indemnifying Clarion as set forth in the preceding paragraph and at its option and expense:
- (a) procure for Clarion the right to use the infringing data; or
- (b) modify the infringing material so that the same is no longer subject to any such infringement claim.
If neither of the foregoing solutions is available or chosen by Buyer, Buyer may request or Clarion may elect to cease the use of all in the infringing material. In such event, Buyer shall be obligated to compensate Clarion for all work done on behalf of Buyer with respect to such material prior to such termination.