This Agreement shall bind the respective successors and assigns of the parties hereto, but none of Buyer's rights or obligations hereunder shall be assigned without Seller's prior written consent. Each of Seller's Goods or part thereof or equipment shipped hereunder shall be deemed accepted by Buyer unless written notice specifying all claimed defects, damages, shortages, or nonconformities is received by Seller within ten (10) days of delivery of said Goods. , In 2012, Henkel sold Dial's Coast, Pure & Natural and Soft & Dri brands to Brynwood Partners' High Ridge Brands for an undisclosed amount. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms. Buyer may return Goods for which it has timely objected to these Terms. Any overdue payments shall bear interest at the rate of 1.5% per month or the maximum rate under the usury laws, whichever is less. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Oct 27, 2020 Story. Buyer shall take delivery of the Goods upon Seller's written notice that the Goods have been delivered to the Delivery Point. Seller makes no representation that any proprietary composition supplied to Buyer is available for export, and Seller also makes no representation that any proprietary composition supplied to Buyer meets the International Traffic and Arms Regulations. Buyer assumes full responsibility for and liability arising out of unloading, discharge, storage handling and use of any Good or Good container alone or in combination with other substances; compliance or non-compliance with any laws or regulations relating thereto, and damage to or destruction of returnable containers from any cause whatsoever after delivery to Buyer and until their return to Seller in good condition. Seller certifies that in the production of Goods Seller has complied with the provisions of the Fair Labor Standards Act of 1938, as amended. In 1988, Greyhound acquired the Boraxo, Borateem and 20 Mule Team Borax brands from U.S. To reflect the parent company's new focus after the sale of Greyhound Lines, Greyhound was renamed Greyhound Dial Corporation in 1990 and renamed again, to The Dial Corp the following year. Seller's weights shall govern, except in case of proven error. Prices and terms of payment are subject to change without notice, and as to any shipment will be the then current price in effect for that Good. (f) Subject to Section 5(d) and Section 5(e) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the nonconforming part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party. (e) Seller shall not be liable for a breach of the warranty set forth in Section 5(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the nonconformance arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller. In the event that Seller provides Buyer with propriety compositions for evaluation, Buyer agrees to abide by the Export Administration Regulations promulgated by the U.S. Bureau of Industry and Security and regulations promulgated by the relevant authorities in other jurisdictions, and not export or re-export such proprietary compositions without first obtaining any necessary licenses and the prior written approval by Seller. Seller reserves the right to cancel Buyer's order in the event that Government regulations prohibit selling at the price or prices indicated herein. Henkel employs approximately 9,000 employees in 72 … Seller shall not be liable for any delays, loss or damage in transit. Seller shall be entitled to injunctive relief for any violation of this Section. Learn more; Spotlight News. 5. 8. (c) Failure to make a claim within thirty (30) days of receipt of the Goods shall be deemed to constitute a satisfactory performance by Seller and a waiver of all claims by Buyer. In July 2017, Dial relocated its headquarters from Scottsdale, Arizona to Stamford, Connecticut in order to consolidate its operations with Sun Products and be closer to parent Henkel's North American headquarters (Henkel Corporation) in Rocky Hill, Connecticut. (d) Seller shall not be liable for a breach of the warranty set forth in Section 5(a) unless: (i) Buyer gives written notice of the nonconformance, reasonably described, to Seller within ten (10) days of the time when Buyer discovers or should have discovered the nonconformance; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer's claim that the Goods do not conform to the specifications. 14. Prices of certain products offered by Seller may include royalty for use thereof in operations covered by patents owned by Seller or under which Seller is licensed with the right to grant sub-licenses. , In 2016, Henkel acquired laundry detergent manufacturer Sun Products for $3.6 billion.. We stand united in our fight against the pandemic, striving to protect our employees and their jobs, serving our customers and supporting the communities in which we operate. 18. Armour had been producing soap since 1888, first as "Armour Family Soap"; soap was made from tallow, a by-product of the meat production process. The Dial consumer business was reborn as the new Dial Corporation, relocating its corporate offices to Scottsdale, Arizona, adjacent to its long-time research and development facility. After consolidation, the business was renamed Henkel North American Consumer Goods. (a) Seller warrants that its Goods shall meet Seller’s published specifications applicable to the Goods for the period of the Good’s applicable published shelf life, or as otherwise mutually agreed upon by the parties in writing. Please accept our cookies to get the best experience of our website. After the parent company was renamed The Dial Corp, the Dial consumer business was known as The Dial Corp Consumer Products Group. , In 1997, Dial sold the Brillo business to Church & Dwight. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. 19. For equipment, Seller shall provide separate warranties as applicable depending upon the nature and type of equipment. ALL RIGHTS RESERVED, /resource/themes/musterseiten/css/wp_landscape-213102-64.css, California Transparency in Supply Chains Act of 2010, Laundry & Home Care: Ingredient Information and Disclosure. For a period of sixty (60) days after delivery, or such other period as is mutually agreed upon by Seller and Buyer in writing (the “Warranty Period”), Seller agrees, at its discretion, to repair, replace or refund the cost of any Good or part thereof proved to not meet the foregoing specifications under normal use.  The food business produces shelf-stable canned meat products (such as potted meat and Vienna sausages) and ready meals under the Armour Star brand, had sales of approximately $230 million in fiscal 2005. If a deposit is paid with respect to a returnable container, credit in such amount will be allowed for each such container returned to Seller (f.o.b. Learn more. 9. Unless otherwise agreed in writing by the parties, Seller shall deliver the Goods to Seller’s location (the "Delivery Point") using Seller's standard methods for packaging and shipping such Goods. Dial was the first antibacterial soap introduced in the United States. All sums shall be payable in legal tender of the USA. Buyer shall be responsible for designing and conducting all testing to determine whether any Good is appropriate for its application. Buyer shall indemnify, defend, and hold harmless Seller and Seller’s owners, officers, directors, employees, agents, subsidiaries, affiliates, and contractors (collectively, the “Seller Indemnitees”) from and against any and all liabilities, claims, costs, fees, damages, losses, and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) which a Seller Indemnitee may incur or suffer as the result of (i) Buyer’s failure or omission to comply with the terms of this Agreement, including without limitation Section 16 hereof, and (ii) any actual or alleged infringement of any patents, copyrights or trademarks arising from the manufacture or sale of products in accordance with patterns, designs, specifications, drawings, directions, technical information, or data furnished to Seller by Buyer.
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