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Website Privacy Policy

Important Information

Thank you for visiting EVCOPlastics.com. This Privacy Policy tells you how EVCO Plastics (“EVCO”, “we” “our” or “us”) uses Personal Information collected at this Site.

We at EVCO Plastics are committed to protecting your privacy. By using this Site, you are accepting the practices described in this Privacy Policy. We may make changes to this Privacy Policy at our sole discretion at any time and will inform users when doing so. If you do not agree with the data practices provided in the Privacy Policy, you should not use the websites owned by EVCO Plastics. Your continued use of this Website after we make changes to the Privacy Policy is deemed to be acceptance of those changes.

Our Privacy Policy details:

  • The information we collect and why we collect it
  • Your right to access your Personal Information
  • How the information is used
  • The use of cookies and other related technologies

 

Notice

Personal Information
“Personal Information” is personally identifiable information such as your name, address, date of birth, phone number, and email address. In scope of the services provided, the personal data that is generally collected is first name, last name, and business email address. We will not use information stored in our products and services for direct marketing.

Visiting Our Website
You are free to browse our Website without providing Personal Information. We do, however, collect Personal Information when you use one of our submission forms or subscribe to our informational newsletters and products and services updates.

What Personal Information Do We Collect?
When you voluntarily submit information through our submission forms, you are submitting Personal Information. This may include names, email addresses, phone numbers, city, state, country and company information. When submitting Personal Information through our submission form, you expressly consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy. Other information we collect includes public information that is available on the internet or other information that we obtain from service providers.

If you contact us via email, we will collect your name and email address as well as any other information in the body of the email in order to provide a prompt response.

 

Choice

Cookies & Related Technologies
This Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology is useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal Information cannot be collected via cookies and other tracking technology. However, if you previously provided Personal Information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gif, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or for other related website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

Advertising
We also use Google Analytics, which is a web analytics service provided by Google, Inc. (“Google”) to collect information relating to your use of the Site. Google Analytics uses cookies to help us analyze how users are interacting with the Website and provide you the most relevant content. For more information on Google Analytics, please visit Google’s website and their various pages describing Google Analytics, such as www.google.com/analytics/learn/privacy.html.

Distribution of Information
EVCO Plastics reserves the right to disclose your Personal Information under the following conditions: (1) when permitted or required by law; (2) when trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (3) when investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

We ask that you do not use our Website or services for any means that are deceptive, malicious, or with the intention to abuse or misuse any computer system, organization, or natural person. Use of our Website or services for any of the purposes outlined in this paragraph are strictly prohibited.

Selling of Personal Information
EVCO Plastics will never sell your Personal Information.

Third Parties
To provide our services, we may occasionally use third-party businesses to provide and perform specialized products and services for data processing. When we provide Personal Information to these businesses, they are not permitted to use the Personal Information for any reason outside of the scope for which we contracted them.

 

Security

Commitment to Data Security
Your Personal Information is kept secure. Only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to this information.

We (and our third-party service providers) use a variety of industry standard security measures to prevent unauthorized access, use, or disclosure of your Personal Information. These security measures consist of but are not limited to data encryption and physical security. No method of transmission or method of electronic storage over the internet is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

Access

Opt Out
You may opt-out from any future communications from us by clicking the unsubscribe link in an email. Our data processor, Mailchimp outlines their specific privacy policy here: https://mailchimp.com/legal/privacy/

Changes to Personal Information
Upon request, we will provide you with information about whether we hold any of your Personal Information. Upon verification, if you choose, you may exercise your right to request EVCO Plastics to delete your Personal Information stored in our databases. Note that there may be specific circumstances in which we cannot delete your Personal Information. When we delete your Personal Information, it will be erased from our records. However, the Personal Information may still be archived in our backups in accordance with our retention policies.

If you would like to access your Personal Information and/or correct, amend, or delete the information where it is inaccurate, please contact us at [email protected]

 

Data Retention

Retention of Personal Data
EVCO Plastics will retain your Personal Information for the period necessary to fulfill the purpose outlined in this Privacy Policy unless a longer retention period is required by applicable data privacy law.

Accuracy
We take reasonable steps to ensure that your Personal Information is accurate, complete, current and otherwise reliable for its intended use.

Enforcement
If EVCO Plastics obtains knowledge that one of our service providers or employees is in violation of this Privacy Policy, we will take commercially reasonable steps to prevent the unauthorized use or disclosure of your Personal Information. EVCO Plastics takes data privacy seriously. Therefore, we agree to take commercially reasonable measures to ensure the proper handling of your Personal Information by our employees and service providers.

 

More Important Information

California Transparency Act Disclosure

DISCLOSURES REQUIRED PURSUANT TO THE CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010

EVCO Plastics is committed to complying with the law wherever it operates and carries out its business activities to the highest ethical standards. Our ethical standards are reflected in Our Responsibility, which applies to every aspect of how we conduct business.  Our employees receive regular compliance training on a wide range of topics and employees are able to report any concerns they may have, including the way EVCO Plastics does business and any alleged breach of Our Responsibility. Every report is logged and appropriate action taken to review and resolve the concern expressed.

Our operations are based on honesty and integrity and a concern for people and the environment. EVCO Plastics expects those with whom we do business with to conduct themselves in the same manner and comply with all applicable laws. Although we do not have a formal program to verify that our suppliers or employees are not engaging in human trafficking or slavery, should we become aware that either party is participating in such prohibited conduct, we will undertake action we deem reasonable and proper under the circumstances.

EU-U.S. and Swiss Privacy Shield Framework
EVCO Plastics complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively.  If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

EVCO Plastics is responsible for processing of the personal data that it receives, under the Privacy Shield framework, and subsequently transfers to a third party acting as an agent on its behalf. EVCO Plastics complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, EVCO Plastics is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, EVCO Plastics may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, EVCO Plastics commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact EVCO Plastics at: [email protected]

Under certain conditions, more fully described on the Privacy Shield website (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint), you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request

California Privacy Rights
California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Requests can be made once a year and are free of charge.

In the body of your request we ask you to include a valid California address and the website or business to which your request pertains. To make such a request, please send an email to [email protected]evcoplastics.com

CANSPAM
EVCO Plastics agrees to act in compliance with the United States CANSPAM Act. In order to comply, we have taken appropriate measures for our commercial electronic messages (including emails). You can learn more about the CANSPAM act by visiting the FTC official website by following this link https://www.ftc.gov/

PIPEDA and Canadian Anti-Spam Legislation (CASL)
We protect and use your information by observing principles and guidelines in the Personal Information Protection and Electronic Documents Act and Canada’s Anti-Spam Legislation. We obtain either express or implied consent, or use other lawful mechanisms, in order to send commercial electronic messages as is defined by CASL. If EVCO Plastics seeks to use your Personal Information for a new purpose, we will contact you to obtain the appropriate consent. If you choose to “opt-out” of receiving our emails, you will be unsubscribed upon your request.

Contact Us
If you or a member of your organization have any questions in regard to this Privacy Policy, you may contact EVCO Plastics in the following ways:

  1. By sending us an email at [email protected]; or
  2. By mailing us at EVCO Plastics 100 W North Street, Deforest, WI 53532

Cookie Notice

Anytime that you visit a website, the website sends the cookie to your computer and it stores a small text file inside of your web browser. We are able to use these cookies to identify your device as you browse through our website or when you return as a visitor to our site. This helps navigating and interacting with our Site more efficient, easy and meaningful.

EVCO Plastics uses cookies and other tracking technologies such as pixels, gifs and web beacons. These help us identify you and your interests, remember your preferences, and track your use of our Sites. We also use Cookies and Tracking Technologies to control access to certain content on our Sites, protect our Sites, and to process any requests that you make.

You can turn off your web browsers ability to accept cookies. However, if you do that, certain parts of the EVCO Plastics Site or console portal may not work for you.

First and Third Party Cookies.

“First Party Cookies” are cookies that belong to EVCO Plastics and that we place on your device. “Third Party Cookies” are cookies that another party places on your device through our site. EVCO Plastics may contract with a third-party service to help us send e-mails or other information to users who have provided their contact information. To measure the effectiveness of these services, our service providers may place Cookies on the devices of those users.

Web beacons

Web beacons and embedded scripts are other technologies that we use in our websites, as well as in some of our emails and ads.

Web beacons (or “tags”) are bits of programming code included in web pages, emails, and ads that notify EVCO Plastics when those web pages, emails, or ads have been viewed or clicked on.

Opting Out of 

If you would not like to have cookies read or dropped on your devices, you can adjust the setting on your web browser to reject the setting of some or all of the Cookies and to alert you when a cookie has been dropped into your web browser. For further information on how to do so, please refer to your browsers help tool or see www.allaboutcookies.org. Please note that if you use your browser settings to block all Cookies (including strictly necessary Cookies) you may not be able to access or use all or parts or functionalities of our sites. You may also learn more atwww.youronlinechoices.eu.

Contact Us

If you have any questions please contact us at [email protected]

TERMS AND CONDITIONS OF SALE

Please read these terms and conditions carefully, as they materially affect the parties’ obligations. Don Evans, Inc. d/b/a EVCO Plastics (“Seller”) is bargaining for and will do business only on the terms and conditions set forth below. 

1. Acceptance; Contrary Terms; Entire Agreement.  All orders for goods and/or services (“Products”) are subject to acceptance by Seller at its home office.  BUYER’S ORDER IS ACCEPTED ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING INCONSISTENT HEREWITH SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE.  Seller’s acceptance is conditional on Buyer’s assent to these terms and conditions and if any of these terms and conditions are not acceptable to Buyer, Seller must be notified promptly.  This writing is intended by the parties to be the final expression of their agreement and is intended as a complete and exclusive statement of the terms and conditions thereof and that a contract be formed between the parties.  No modification of any term or condition will be valid or binding upon Seller unless approved by Seller in writing by Seller’s duly-authorized personnel.  The authority of Seller’s agents is limited to solicitation of orders and collection of debts.

2. Pricing.  Unless specifically held open for a length of time on Seller’s quotation, all prices are subject to change without notice and Seller reserves the right to adjust prices from time to time.  Any unshipped balances on purchase orders will be invoiced to and paid by Buyer at prices in effect at the time of shipment, not at prices in effect at the time the purchase order was executed.  Prices are based on estimated annual usage (“EAU”) and minimum run quantities as specified on Seller’s quotation.  Shipment in whole or part signifies acceptance by Buyer to the extent of shipment only, at the prices stated on Seller’s invoice.  Unless otherwise specified, no Products will be carried in stock by Seller. Pricing for service parts is as set forth in Section 7.

3. Taxes and Fees.  Unless otherwise specified on the front of this form, prices stated on this form do not include any value-added-taxes, sales, use or excise taxes, charges or duties.  Buyer will pay all such taxes, charges, and duties.  Buyer will also pay Seller any collection fees and reasonable attorneys’ fees incurred by Seller in enforcing this agreement or defending against any claim for breach of this agreement.

4. Payment Terms for Products.  Payment terms are 1% 10 Days, Net 30 Days, unless otherwise specified on quotation. Remittance shall be made to Seller at address shown on invoice.  Clerical errors in quotations or invoices are subject to correction.  All orders are subject to approval of Seller’s Finance Department.  A finance charge of 12% per month, which is an annual percentage rate of 18% per annum, will be charged on past due accounts. In the event payment is late, paid short or is not received, Seller reserves the right to stop shipment of Product and to retain any and all Molds (as defined below) until full payment is received. Seller reserves the right to require payment in advance or to modify credit terms.   

5. Risk of Loss.  Unless otherwise specified on Seller’s quotation, all shipments are F.O.B.  Seller’s dock or shipping point.  Risk of loss will pass to Buyer at the time the Products are tendered for shipment.  Title to the Products will remain with Seller until payment is received in full by Buyer.  Buyer agrees to make all claims for Products damaged in shipment against the carrier.

6. Orders.   Delivery dates on any quotation, purchase order, sales acknowledgement, invoice, or material release order are estimates only.  Seller will use every reasonable effort to meet the estimated delivery date, subject to the required lead times and availability of raw materials, but Seller shall not be held responsible for failure to meet such estimated date. All acknowledgements are based upon Buyer accepting over-runs and under-runs not exceeding 10% of the quantity ordered.  Buyer is responsible for raw materials and components not used within 60 days.  Seller will use reasonable efforts to accommodate requests to expedite delivery at Buyer’s expense.

7. Service Parts.  Any order for service parts will be separately quoted and priced. 

8. Exclusive Warranty.  Seller makes no warranty to Buyer or to anyone else that the Products are merchantable or fit for any particular purpose.  Seller makes no warranty as to any design, construction or material specifications and such specifications are the sole responsibility of the Buyer.  The sole responsibility of Seller shall be that it will manufacture the Products to Buyer’s blueprints, written specifications and engineering design documents and data, and other agreed-upon written requirements, including any agreed-upon deviations, and specifications (collectively, “Specifications”) using the Buyer’s molds, and that the Products will be free from defects in workmanship.  THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. Product Recalls.  In the unlikely event of a product recall, Seller shall have no liability (including without limitation, product liability or any other liability incurred relating to the product recall), and Seller shall not bear the costs, expenses and/or losses associated with the product recall, for any and all Products, whether or not in the direct possession and/or control of the Buyer. 

10. Required Notices; Limitation of Remedies.  Seller must be given notice of any rejection of Products within 14 days of receipt of the Products with respect to which the claim is being made.  If samples are provided by Seller, Buyer must give notice of any rejection of the samples within 14 days of receipt of the samples.  Seller’s liability and Buyer’s sole and exclusive remedy under this agreement for any claim against Seller will be limited to repair, replacement or credit, at Seller’s option, with respect to Products returned to Seller at Buyer’s expense within 30 days after Buyer’s receipt of the Product.  All returned Products are subject to inspection by Seller before any repair, replacement or credit will be issued and any Product which has been defaced, altered, or worked upon in any way, will not be subject to repair, replacement, or credit.  Molded Products are not rejectable because of variation from Specifications if they are made to and are unchanged from samples provided by Buyer, or if Buyer has not rejected samples provided by Seller within 14 days of receipt of the samples.  Buyer warrants that any and all Specifications provided to Seller meet all applicable design standards, whether mandatorily or voluntarily issued by any governmental body, testing laboratory, or industry association. 

11. Exclusion of Consequential and Incidental Damages; Exclusion of Tort Remedies. SELLER WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LABOR COSTS OR LOST PROFITS), FOR LOSSES SUSTAINED BY BUYER OR ANY USER OF A PRODUCT, RESULTING FROM:  THE USE OF OR INABILITY TO USE THE PRODUCTS,  THE PRODUCTS BEING INCORPORATED IN OR BECOMING A COMPONENT OF ANY OTHER PRODUCT, THE PRODUCTION AND/OR DISTRIBUTION OF PRODUCTS MANUFACTURED BY THE SELLER FOR THE BUYER, ANY INFRINGEMENT CLAIM RELATING TO ANY UNITED STATES PATENT, COPYRIGHT, TRADEMARK OR OTHER TRADE DESIGNATION, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT OR ANY OTHER INCIDENT RELATED TO THE PRODUCTS OR THE MOLDS.  This is a commercial sales transaction, and therefore, the parties intend for all sales transactions between Buyer and Seller to be governed by Article 2 of the Uniform Commercial Code and related commercial legal principles.  NEITHER PARTY WILL HAVE ANY NEGLIGENCE OR OTHER TORT LIABILITY TO THE OTHER, OR TO ANY THIRD PARTY, ARISING FROM ANY BREACH OF THIS AGREEMENT.  It is intended by the parties that the exclusions of consequential and incidental damages and tort remedies are separate and distinct from any limitation of remedies provided hereunder.

12. General Indemnity; Patent Indemnity.

(a) SELLER SHALL NOT BE RESPONSIBLE FOR THE COSTS ASSOCIATED WITH ANY AND ALL CLAIMS, LOSSES OR LIABILITIES ARISING OUT OF THE PRODUCTION OR DISTRIBUTION OF PRODUCTS MANUFACTURED BY THE SELLER FOR THE BUYER.  IN THE EVENT SELLER FURNISHES THE COSTS DESCRIBED ABOVE, BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD THE SELLER HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COURT COSTS), PAID OR INCURRED BY SELLER.  SELLER SHALL ALSO HAVE NO RESPONSIBILITY WITH REGARD TO ANY SETTLEMENT, ADMISSION OR PROMISE MADE BY BUYER WITHOUT SELLER’S PRIOR WRITTEN CONSENT.

(b) SELLER SHALL NOT BE RESPONSIBLE FOR THE COSTS ASSOCIATED WITH ANY AND ALL CLAIMS, LOSSES OR LIABILITIES IN CONNECTION WITH ANY CLAIM OF INFRINGEMENT OF A PATENT, COPYRIGHT, TRADEMARK OR OTHER TRADE DESIGNATION, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT RELATING TO THE PRODUCTS.  BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS AGAINST ANY AND ALL DAMAGES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COURT COSTS), PAID OR INCURRED BY SELLER.  SELLER SHALL ALSO HAVE NO RESPONSIBILITY WITH REGARD TO ANY SETTLEMENT, ADMISSION OR PROMISE MADE BY BUYER WITHOUT SELLER’S PRIOR WRITTEN CONSENT.

13. Trademarks.  Buyer warrants that any trademark Buyer requests Seller to affix to any Product is owned or authorized for use by Buyer.

14. Molds and Related Equipment.  Unless otherwise specified on Seller’s quotation, Buyer will provide molds and related equipment (including without limitation, molds, tools, special gages, inspection fixtures, cooling fixtures, spare component parts, end of arm tooling, automation equipment) (collectively, “Molds”), in accordance with the quotation description or will authorize Seller, at Buyer’s expense, to provide same.  

(a) If Molds are supplied by Buyer (“Transfer Molds”), Transfer Molds must be in a production-approved condition and able to economically produce the quantity and quality of Products per Seller’s quotations.  Seller’s responsibility is to provide Products from Transfer Molds as-is, and Seller is not responsible for variations between Buyer-supplied engineering design documents and samples provided to Seller or approved of by Buyer. Buyer is responsible for any necessary changes to engineering design documents or to Transfer Molds to match Buyer-provided samples before start of production. 

(b) If Molds are supplied by Seller (“New Molds”), Buyer shall provide Seller with Specifications. Buyer is responsible for all changes to designs for Product manufacturability and is solely responsible for suitability and functionality of final Product design. Supplier’s responsibility is to build the New Molds to Buyer’s Specifications. Supplier shall have no responsibility for cosmetic issues or other issues resulting from the intrinsic properties of plastics, including without limitation any warpage. Seller shall produce Product samples from New Molds for Buyer’s approval. Payment terms for New Molds are 50% down payment with purchase order, 40% due upon initial sample, 10% final payment due upon earlier of production approval or 30 days from 1st shot date, Net 10 Days.  If Buyer requests engineering changes during New Mold build and before initial mold sample, full payment of the original purchase order must be made after the initial Mold sample.  If Buyer requests engineering changes during mold qualification (after initial sample), full payment of the original purchase must be made at issuance of the engineering change purchase order. All CAD designs of New Molds are Seller’s proprietary property.

(c) Seller is not responsible for loss of or damage to Molds.  All Molds owned by Buyer and in Seller’s possession are held by Seller at Buyer’s sole risk and responsibility.  Buyer must insure and maintain Molds at all times while in Seller’s possession. Seller may impose a 50% tool charge if Buyer removes New Molds within one year of a New Mold purchase order. 

(d) Molds not in use for one (1) year will be considered inactive.  Buyer will be notified of such inactive status.  If Buyer does not respond and provide a shipping destination within 30 days of such notice, inactive Molds will be moved to offsite storage at Buyer’s expense.  Buyer will be notified of any Molds inactive for three (3) years and contacted for disposition instructions.  If Buyer does not respond and provide a shipping destination within 120 days of such notice, Seller has the right to scrap the Molds at Buyer’s expense. 

(e) Subject to Seller’s agreement, Buyer may orders parts produced from Molds prior to final approval of Products or part production samples (“Pilot Parts”). SELLER DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL SUCH PILOT PARTS, AND THE SALE OF PILOT PARTS IS “AS IS.” 

(f) To the extent that Seller notifies Buyer that any Mold requires repair or maintenance, any Products produced from such Mold prior to completion of such repair or maintenance is at Buyer’s risk, and are excluded from all warranties provided hereunder.

15.  Claims; Cancellation; Changes.  All claims for error in weight or quantity must be made within 14 days of receipt of the Products with respect to which the claim is being made.  Seller reserves the right to accept or reject any such claim in whole or in part.  Cancellation, modification, suspension, or delay in shipment of Buyer’s order will not be accepted on terms that will not fully indemnify and reimburse the Seller against loss.  Such indemnity will include recovery of all direct costs incurred, including normal indirect and overhead charges and a normal profit.  No change proposed by Buyer in any purchase order, terms and conditions will be valid or binding upon Seller unless approved in writing by Seller’s duly authorized personnel.

16. Force Majeure.  Seller is excused from performance if performance is rendered impracticable by any accident, breakdown, sabotage, riot, insurrection, pandemic, epidemic, war, delay, interruption in or failure of sources or subcontractors to supply materials and equipment, strike, labor or transportation problem, act of God, any orders, contracts, priorities, directives, requisitions or requests of the federal or state governments (whether or not voluntarily assumed), or any other causes and conditions which affect Seller.

17. Notices.  Any notice relating to this agreement must be sent via first-class mail or overnight carrier and will be presumed to be given when deposited, postage prepaid, in a United States Post Office or authorized depository and addressed to the other party at the address given herein.

18. Setoff.  Seller may set off any amount due from Buyer, whether or not under this Agreement, against any amount that may become due to Buyer hereunder.

19. Security Interest.  Buyer hereby grants to Seller a security interest in all Molds now and hereinafter in Seller’s possession to secure all debts, obligations and liabilities of Buyer to Seller arising out of credit previously granted, credit contemporaneously granted or credit granted in the future by Seller to Buyer. Seller will retain all Molds and Related Equipment until all outstanding amounts have been paid.

20. Assignment.  Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller’s prior written consent.

21. Controlling Law.  The validity, construction and enforcement of this Agreement will be governed by and interpreted under the local, domestic laws of the State of Wisconsin, including its provision of the Uniform Commercial Code. The Convention on the International Sale of Goods will not apply.

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