Legal Notice

Legal Agreement
Intellectual Property
Disclaimer of Warranties and Limitation of Liability
Governing Law and Arbitration
Privacy Policy
Terms of Sale

Legal Agreement By requesting a password or using this Noritake Co., Inc. ("Noritake" or "we") B2B Web site ("Site"), you accept and agree to abide by these Terms of Use ("Terms"), which constitute a legal agreement between you and Noritake. If you do not accept these Terms in their entirety, do not access the Site. Noritake reserves the right in its sole discretion to modify the Terms at any time and such modifications shall be effective immediately upon posting of the modified Terms on the Site. You shall regularly review the Terms to obtain timely notice of any such changes.

This is a password-protected Site for use by authorized Noritake dealers only. Dealers are authorized to resell to consumers only, and not to other resellers, unless specifically authorized by Noritake. Usernames and passwords issued by Noritake shall be used only by the persons to whom issued. You are responsible for maintaining the confidentiality of the username and password and also for all orders and other activities that take place using your username and password. Any unauthorized access to or use of the Site is strictly prohibited. Noritake reserves the right, in its sole discretion, to immediately and without notice suspend or terminate your registration or ability to access the Site.

You agree to comply with all applicable laws and regulations in connection with your use of the Site. You shall not upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, harmful to minors, libelous, obscene, invasive of another's privacy, or racially or ethnically objectionable, nor shall you forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site. You also shall not upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You shall not transmit to or through the Site any software or other materials which contain a computer virus, Trojan horse, time bomb, worm, or other harmful code. You agree to indemnify, defend and hold Noritake and our directors, employees, licensors, attorneys, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of the Terms or use of the Site in an unauthorized manner.

Intellectual Property The Site including but not limited to, text, graphics, images, and logos is Copyright © Noritake Co., Inc. 2005. All rights reserved. None of the Site material may be copied, reproduced, distributed, republished, used in a derivative work, downloaded, displayed, posted, linked, or transmitted in any form including but not limited to electronic or photocopying, without prior written permission of Noritake, except that permission is granted to view and print (but not to redistribute) limited excerpts from the Site for your use in doing business with Noritake. Any unauthorized use of any material contained in the Site may result in civil or criminal liability.

Noritake and certain other product and service names are trademarks of Noritake or its licensors ("Noritake Trademarks"). Trademarks of other companies used on the Site are the property of their respective owners. You may use Noritake Trademarks to identify Noritake products properly purchased by you for resale, provided that you do so in a manner consistent with the highest business ethics and any trademark usage policies that Noritake may issue from time to time. Without limiting the foregoing, you may not use the Noritake Trademarks (a) to identify products or services that are not affiliated with Noritake, including but not limited to any unauthorized copies of Noritake products; (b) in any manner likely to cause confusion; (c) in or as part of your own trademarks; (d) in a manner that implies that Noritake sponsors or endorses your own products or services; or (e) in any manner that disparages or discredits Noritake.

Noritake's wholesale prices and other business information disclosed on this Site are confidential and you shall protect and treat them as such at all times during and after our business relationship. You shall restrict dissemination of Noritake confidential information to your personnel having a need to know and shall not disclose it to third parties or use it for any purpose other than doing business with Noritake.

Noritake respects the intellectual property of others. If you believe that your work has been used on our Site in a way that constitutes copyright infringement, please provide Noritake's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Noritake's Copyright Agent for notice of claims of copyright infringement on its Site is Vice President, Operations who can be reached as follows:
1000 Crossgate Rd.
Port Wentworth, GA 31407
Phone: (800) 888-0507

Or send email to B2BAdmin@noritake.com.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THESE TERMS FOR ANY PRODUCTS PURCHASED FROM THE SITE, THE SITE, AND ALL PRODUCTS OFFERED FOR SALE ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NORITAKE DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE AND RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, INCLUDING BUT NOT LIMITED TO ERRONEOUS PRICING. NORITAKE DOES NOT WARRANT THAT THE SITE WILL BE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL CODE. IF THE SITE IS INOPERATIVE, YOU MAY CONTACT NORITAKE BY TELEPHONE OR FAX TO CONDUCT BUSINESS.

EXCEPT FOR DIRECT DAMAGES FOR BREACH OF THE EXPRESS WARRANTIES PROVIDED IN THE TERMS OF SALE FOR ANY PRODUCTS PURCHASED FROM THE SITE, UNDER NO CIRCUMSTANCES SHALL NORITAKE OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY OCCUR DIRECTLY OR INDIRECTLY AS A RESULT OF USE OF THIS SITE, OR ANY INFORMATION, DATA, OR SERVICES CONTAINED ON THIS SITE OR ANY WEBSITE LINKED TO THIS SITE, OR ANY PRODUCTS PURCHASED FROM THIS SITE (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY). ALL USE IS AT YOUR OWN RISK, AND YOU ASSUME ALL COSTS OF SUCH RISK. ANY LINKS TO OTHER, NON-NORITAKE WEBSITES ON THIS SITE ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND USE OF THIRD PARTY WEBSITES IS ENTIRELY AT YOUR OWN RISK.

Governing Law and Arbitration Noritake operates this Site from its Operations office in Cincinnati, Ohio, United States of America, and makes no representation that the material on the Site is appropriate or available for use outside the United States. If you use this Site from other locations, you do so at your own risk and are responsible for compliance with applicable local laws. By accessing the Site, you agree that use of this Site and any transaction arising from such use shall be governed by the laws of the State of New Jersey, U.S.A., without regard to principles of conflicts of law. The courts located in Bergen County, New Jersey, shall have the exclusive jurisdiction and venue over any legal action by either of us related to the Site or any products purchased through the Site. ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PURCHASE OF ANY PRODUCT THROUGH THIS SITE IS SUBJECT TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES (AND IF YOU ARE A CONSUMER, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES) OF THE AMERICAN ARBITRATION ASSOCIATION, WITH THE ARBITRATION PROCEEDINGS TO OCCUR IN FAIR LAWN, NEW JERSEY, UNLESS OTHERWISE PROVIDED IN SUCH RULES. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Site or any purchased product must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Noritake's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Privacy Policy By accessing or using the Site, you are agreeing to be bound by the terms and conditions contained within this Privacy Policy. This Policy will be continuously reviewed and revised in light of new technologies, business practices and our customers' needs. If we decide to change our Privacy Policy in whole or in part, we will inform you by posting a notice on our Site. Any such changes may be retroactive.

In order to do business with us as an authorized dealer, you must provide such information as we require to establish your qualifications to do so. We use the information you provide to us for internal purposes, such as making the Site easier for you to use by not making you enter your information more than once, delivering products or services that you request or purchase, helping us create and publish content most relevant to you, analyzing trends and statistics, informing you of our new products, services, and offers as well as other similar activities. From time-to-time, we might establish a business relationship with other persons or entities such as an independent sales representative group who we deem trustworthy and whose privacy policies are consistent with ours. In such cases, we might share information, including information about you, that will enable such persons or entities to contact you regarding products and services that may be of interest to you. We may also disclose information when we believe in good faith that we are legally compelled to do so. If we sell all or any part of our business, we may deliver relevant information about our dealers to the purchaser.

To support the security and operational features of our Site, we use "Cookies." A Cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. As you access our Site, the Cookies gather information regarding your browsing activities. Generally, we use Cookies to remind us of who you are, tailor our products and services to suit your personal interest, estimate our audience size, process your order and/or analyze your visiting patterns. You can set your browser to notify you when you are sent a Cookie, giving you the chance to decide whether or not to accept it. If you choose not to have your browser accept Cookies from our Site, you will not be able to use the password-protected areas of the Site.

Our Site and internal network have security measures in place in order to protect the information under our control. However, we do not guarantee that your information in our possession will be secure against "hackers" or other unauthorized access and any information you transmit to or from our Site is at your own risk.

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us or from any of our affiliates by e-mail or otherwise, please let us know by contacting us by sending us an e-mail at B2BAdmin@noritake.com. Please be sure to include your e-mail address, full name and specifically what information you do not wish to receive. If you would like to update or correct your e-mail address, street address or other information with us, please contact us the same way.

Noritake Co., Inc. ("Noritake") Terms of Sale The following terms and conditions govern all purchases of products by authorized resellers through this Site or other channels:

1. Pricing and Payment Terms.

By placing an order, you agree to pay the purchase price set forth on the Site or otherwise specified by Noritake. Noritake is not responsible for any incorrect price listing on the Site due to a typographical error, an error in pricing information received from our suppliers, or updated pricing that has not yet been reflected on the Site. Noritake shall have the right to cancel any order placed at an incorrect price and any payment you have made for such order will be promptly credited to your account or refunded. Extension of credit is within our sole and absolute discretion and, unless otherwise agreed to by us in writing, payment must be received by us prior to our acceptance of your order. For approved open account customers, payment terms are "Net 30 Days, no discount nor anticipation allowed". Delinquent payments are subject to interest at a rate of 1.5 percent per month (but not in excess of the maximum rate allowed by law) and if legal action is required in order to collect any account, you shall be responsible for all of Noritake's reasonable attorney's fees and expenses.

A fee of $10.00 per an order will be added to the invoice if the net order total is less than $100.00. All drop shipments are subject to $7.50 handling charge per an order. (Our drop shipment service requires our special agreement signed. Please contact your sales representative.) These charges are subject to change without notice.

The purchase prices posted on the Site do not include sales tax, shipping and handling charges. Noritake will charge applicable sales tax where required. You are responsible for providing any applicable sales tax exemption certificate before Noritake processes an order. In addition to any sales tax collected by Noritake, you will be responsible for the payment of any applicable sales, use, value added, excise, or other tax (excluding taxes on Noritake's net income) imposed by any governmental entity in whose jurisdiction you receive products or are doing business, and you shall defend and indemnify Noritake against any related tax, penalty, or interest. You agree to pay the shipping and handling charges set forth on the Site's checkout page, or if not specified at checkout, as later determined by Noritake. All prices are based on FOB Noritake Warehouse/Distribution Centers, or Port of Entry; this means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier. Unless otherwise specified, we ship the ordered products via UPS, FedEx Ground, or other common carriers.

2. Availability and Cancellation.

Acceptance of an order by the Site does not guarantee availability of product. Noritake is not liable for orders that it cannot fulfill due to causes beyond our reasonable control or due to incomplete or inaccurate information supplied by you or someone acting for you at the time your order is placed. Any order for standard in-stock Noritake products can be canceled by giving Noritake written notice 2 weeks prior to shipment unless otherwise agreed; orders for special or personalized products are non-cancelable.

3. Returns.

All returns of merchandise require prior written authorization from the Noritake Customer Service Department. Noritake is not obligated to accept returns of conforming merchandise. If goods are omitted from a shipment or incorrect goods are shipped, you must notify Noritake within seven days after receipt. Damage in shipment should be reported to the carrier .

4. Damaged Goods.

Buyer shall be deemed to have accepted the quantity and condition of the merchandise as being in accordance with the order unless within (45) days of receipt of merchandise the buyer gives written notice to Noritake of any variance in quantity or condition. Buyer's sole remedy for any merchandise that is not of the ordered quantity or condition shall be a credit for the price of the merchandise. Noritake will not recognize or be responsible for any special handling charges or any special or consequential damages. All claims for breakage, damage or loss in transit must be placed by Buyer with the carrier. At Buyer's request, Noritake will assist the Buyer in filing claims with United Parcel Service and/or FedEx Ground. All invoices must be paid as due for merchandise shipped even if damaged or lost in transit.

5. Warranty.

Noritake offers the following warranty to consumer purchasers of its products; no other warranty is provided to you and you shall not purport to extend any other warranty on behalf of Noritake:

Noritake warrants its products to the original consumer purchaser to be free of defects in material or workmanship under normal consumer usage for a period of 90 days from the date of consumer purchase. This limited warranty is a consumer's exclusive remedy, and applies only to new products purchased by consumers in the United States. If any product is repaired or replaced under this warranty, the warranty shall extend for ninety days from the date returned to the consumer.

This warranty does not apply to defects or damage that result from improper storage, misuse or abuse, accident or neglect, commercial or industrial use, altered products, attempted repairs not authorized by Noritake, or other causes not resulting from inherent defect in the product.

Noritake, at its option, will at no charge repair if applicable, replace or refund the purchase price of any product that does not conform to this warranty.

Please call the Customer Service Dept. at 1-800-888-0507.

You will receive instructions on how to ship the products, at your expense, to a Noritake.

ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED, OR IF SUCH EXCLUSION IS CONTRARY TO LAW, SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. OTHERWISE THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL NORITAKE BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED CONSISTENT WITH LAW.

Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.

5. Governing Law and General Provisions.

These Terms of Sale and any transaction arising therefrom shall be governed by the laws of the State of New Jersey, U.S.A., without regard to principles of conflicts of law. The courts located in Bergen County, New Jersey, shall have the exclusive jurisdiction and venue over any legal action by either of us related to the Site or any products purchased through the Site. ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PURCHASE OF ANY PRODUCT THROUGH THIS SITE IS SUBJECT TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WITH THE ARBITRATION PROCEEDINGS TO OCCUR IN FAIR LAWN, NEW JERSEY, UNLESS OTHERWISE PROVIDED IN SUCH RULES. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

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