Contracts
- Privacy Policy
- Terms of Use
- MAP Policy
- eCommerce Reseller Policy - Cover Letter
- Warranty Policy Prior to February 17, 2022
- Warranty Policy After May 14, 2024
- TERMS OF SERVICE
- END USER LICENSE AGREEMENT
- API Terms of Use
- PURCHASE ORDER TERMS AND CONDITIONS
- Purchase Order Terms and Conditions
- eCOMMERCE RESELLER POLICY
- Quotation Terms and Conditions
- Warranty Policies
- Conflict Minerals Policy
- Sloan Marketplace Policies
- Purchase Order Terms and Conditions
- Return Policy
- Terms of Sale
- Terms of Sale - Sloan Marketplace LLC
- Sink Cancellation and Return Policy
- Sloan Plumbing Products Terms
- Freight Policy Customer Letter
- Quotation Terms and Conditions-Foundry
- Release of Liability and Assumption of Risk
- Experiential Marketing Event Attendance Policy
- Warranty Policy January 1, 2022
- Warranty Policy-Sloan India Private Limited
- Warranty Policy-Sloan Mexico
- Warranty Policy February 17, 2022 to May 14, 2024
Privacy Policy
Effective July 24th 2024
DownloadTable of Contents
Sloan Privacy Policy
This privacy policy (“Privacy Policy”) describes how Sloan Valve Company, Sloan Global Holdings, and/or Sloan Marketplace LLC and their respective applicable affiliates (collectively, "Sloan", "we" or "our") treats information about you that Sloan collects and receives through this website, sloan.com, and Sloan’s other websites and online locations, including web applications, mobile applications and social media (collectively, the "Sites") and through other interfaces with and aspects of Sloan's business, including offline. This Privacy Policy together with the Terms of Use, governs your use of the Sites and Sloan's collection, use and disclosure of your information both through the Sites and offline.
Please note that when you purchase goods or services through sloan.com or other websites operated by Sloan, you are purchasing goods and services from Sloan Marketplace LLC (“Sloan Marketplace”). Please also note that while this Privacy Policy also describes how Sloan collects and treats information about you in connection with the subscription services for Sloan Internet of Things (IOT) restroom products, the Sloan Terms of Use (referenced above) are not applicable to and do not govern the use of these subscription services, the associated IOT product software or the use of the Sloan Application Programming Interface (API) for such products and services, as these products and services are governed by their own respective and independent terms of service, use and purchase, as applicable.
1. Acceptance of Privacy Policy
Each time you access, use, register with, shop, or browse the Sites, or provide information to Sloan online or offline, you signify your acceptance of Sloan's then-current Privacy Policy. If you do not accept this Privacy Policy, you are not authorized to access, use or browse the Sites, or to provide information to Sloan and must discontinue use of the Sites immediately. If you provide your information to Sloan offline, the then-current Privacy Policy applies to Sloan's collection and use of your information.
This Privacy Policy is subject to be revised or updated from time to time. Accordingly, you should check the Privacy Policy regularly for updates. Should the Privacy Policy be revised, Sloan will post the changes on the Sites and the new Privacy Policy will be effective immediately upon posting. If Sloan makes any material changes to the Privacy Policy, in addition to posting the revised Privacy Policy to the Sites, Sloan will notify you in the manner and to the extent required by law. You can determine when the Privacy Policy was last revised by referring to the "Last Revised" date at the top of this page.
2. Types of Information Collected
We may collect personally identifiable information from you including, without limitation, non-public information about you that helps Sloan identify you, such as first and last name, birth date, business title, employer, email address, employer address, office and home telephone number, mobile telephone number, password, account username, unique device identifier of your devices that connect to or access the Sites, order information, credit card, debit card and other payment information, billing and shipping information, purchasing and transaction history, occupation, preferences, information regarding products you purchase from Sloan Marketplace or products that you contact customer service about (e.g., serial number, fixture manufacturer, date of installation, place of purchase, etc.), information you provide to us when you register your product online, register in connection with our web or mobile applications, and other information that you provide to Sloan or that is generated through your use of the Sites or interactions with Sloan that are not otherwise publicly available.
If you create an account with Sloan, you will need to provide information such as your contact information (e.g., your name, e-mail address) and a password. If you make a purchase from Sloan Marketplace, you will be required to provide shipping and billing addresses, payment information and other transaction related information.
We may permit you to interact with social media platforms (such as LinkedIn, Facebook, and Twitter) and other third party platforms, including by using existing login information from a third-party platform to create or login to your account with us on Sloan Marketplace. When you interact with third party platforms through the Sloan Marketplace, we will receive information about you. The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including, without limitation, whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. We or the third party may allow you to disable or remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected.
If you are a California resident consumer, the categories of personally identifiable information that we collect include identifiers, customer records information, your gender identity, commercial information, internet or other electronic network activity information, geolocation data and information reflecting your preferences and characteristics relevant to your use of our products and services. Except as otherwise indicated, all of this information is collected for the purpose of providing you with the products and services that you wish to receive from us.
We also may collect non-personally identifiable information about you, such as information regarding your use of the Sites, your IP address, addresses of the relevant building(s) that you own, lease, manage or service and their restroom facilities (if you are using the subscription services for the remote monitoring and control of Sloan IOT products), Sites usage statistics, time stamps, browsing history, general geographic location, product settings, adjustments made to products, type of device you use to connect to the Sites, type of computer operating system you use (e.g., Microsoft Windows, Google Chrome OS, Mac OS, Android or iOS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider, and information regarding your Internet location when you see Sloan's ads and whether you click on such ads. We also may receive certain aggregated or anonymous information regarding users of the Sites such as the age, gender, occupation, zip code, interests, purchase preferences, and language preferences of users of the site, as well as information collected through questionnaires and surveys. If you sign up to receive our subscription services for Sloan IOT restroom products, please refer to our Terms of Service applicable to this service for information about what other non-personally identifiable information we collect. "Non-personally identifiable information" refers to information that does not personally identify the individual to whom the information relates, such as information that is aggregated by Sloan or a third party, or information that is not linked to contact information or other personally identifiable information of an individual.
In the event that any of the non-personally identifiable information that we collect about you is maintained, used or shared in a manner that associates it with your name, contact information or other personally identifiable information, it will be treated as personally identifiable information. If you are logged into your account on the Sites, information such as the content you access, view, click on or search for when on the Sites, the devices from which you access such content and the length of time for which you view same, may become personally identifiable. In such an event, Sloan will treat such information as personally identifiable information.
3. How We Collect Information
We may collect personally identifiable and/or non-personally identifiable information from you when you:
- Access, use or browse the Sites;
- Purchase products and/or services from the Sites, including Sloan Marketplace LLC;
- Register for an account on the Sites;
- Sign up to receive announcements, emails or newsletters;
- Contact, communicate with or otherwise interact with Sloan or its personnel via email, the Sites, fax, telephone, or by other means whether online or offline;
- Order or request products, literature, services or other information during your visit to the Sites, via email, fax or other online or offline means;
- Register your product with us;
- Access, use or adjust any product settings or functional parameters;
- Make a product warranty claim;
- Register, enroll or participate in any surveys, questionnaires, promotions, or any other services, events or activities online or offline sponsored by Sloan or third parties, or offered in connection with the Sites of Sloan’s products or services ("Activities").
We may obtain personally identifiable and/or non-personally identifiable information from third parties such as the owners or operators of the websites or applications where our advertisements appear (some of which may partner with Sloan or with an advertisement network used by Sloan), our service providers, affiliates, suppliers, vendors, distributors, Activities partners and sponsors, and other sources (e.g., offline records or publicly available information). We may combine personally identifiable information we collect with information that we obtain from these sources. We will treat any such combined information as personally identifiable information.
Sloan automatically receives and records non-personally identifiable information on our server logs from your browser as well as through other analysis of the Sites. We also may collect information using cookies, web beacons, pixels, gifs, tags or similar technologies ("Collection Technology"), or through third parties using similar technologies. Collection Technology may operate as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. When you visit the Sites, your web browser may use Collection Technology to better enable you to navigate the Sites during your visit and upon your return. You may use the Sites even if you choose to reject or delete certain Collection Technology. Collection Technology also may be used by some of the other websites for which a link is placed on the Sites.
The Sites may use Google Analytics. Google Analytics uses Collection Technology to collect and store anonymous information about you, which may include the non-personally identifiable information described above. You can read Google Analytics’ privacy policy at http://www.google.com/intl/en/policies/privacy and Google Analytics' Terms of Use at http://www.google.com/analytics/tos.html. You can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics' Opt-out Browser Add-on for your current web browser at http://tools.google.com/dlpage/gaoptout?hl=en. The Sites may use certain features of Google Analytics based on Display Advertising, such as:
“Demographics and Interest Reporting” to analyze information regarding the interests and demographics of users of the Sites. We use such non-personally identifiable information in the same manner as we use other non-personally identifiable information as described below.
“Remarketing with Google Analytics” to place ads on other sites directed to people who have visited the Sites.
“Google Display Network Impression Reporting” to report how people's interactions with our ads relate to their visits to the Sites.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings at: https://www.google.com/settings/ads.
Applications on mobile devices may transmit information to Sloan about your location when you request information from the Sites. We may use that information to improve the products and services we provide to you.
When you use a Sloan mobile application (“Mobile App”), we collect and use information about you in the same way and for the same purposes as we do when you use our Sites. In addition to this, we also use some other information that we collect automatically when you use our Mobile Apps. We collect information about Mobile App functionality that you access and use, which allows us to identify those areas of the Mobile App that are of interest to our users so that we can continuously improve our Mobile App, and to identify the products with which you interact, the locations thereof and the settings, adjustments and changes that you make thereto. The information we collect for this purpose enables us to indirectly identify you.
Each Mobile App also sends us the device’s Unique Device Identifier (or “UDI”), a sequence of numbers or characters that are unique to your mobile device and may be your mobile telephone number. We use this UDI in connection with every action you take when operating and using the Mobile App. When you use a Mobile App, you can choose to allow access to your current location – provided by your mobile device using GPS or similar technologies – in order to identify nearby events or places of interest. If you choose to allow access, this location data may be collected anonymously and logged by our servers. You can disable the Mobile App’s access to your location at any time through your phone settings menu.
Each Mobile App will also send us error-reporting information in the event that it crashes or hangs or the product with which the Mobile App facilitates connection is faulty, reports errors or is adjusted outside its allowable parameters, which enables us to investigate the error and to improve the stability of the Mobile App and the products for future releases. As part of these error reports, the Mobile App sends us information about the mobile device and product type and version, the UDI, the time the error or adjustment occurred, the feature being used, and the state of the application and product when the error or adjustment occurred.
You cannot control all the information that a Mobile App sends to us, but to the extent available you may change the available settings of the Mobile App under its “settings” menu, or changing the available settings of your mobile device. Alternatively, you can remove the Mobile App from your mobile device entirely.
4. How We Use Your Information
We may use the information we collect:
- To monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems with the Sites;
- To analyze our users' demographics, interests, and purchasing practices;
- Fulfill orders, ship and confirm orders, and manage payment collection across our Sites;
- To plan, improve and administer Activities;
- To process and respond to your product warranty claims, inquiries and other communications;
- For Sites administration, support and improvement;
- To alert you to new features, terms, Activities, special events, stores, products or services, and other useful information regarding any of the foregoing or Sloan via email, direct mail telephone or other means;
- To market or promote other Sloan products and/or services to you;
- To promote and improve the products and services we offer;
- To send announcements and newsletters, and to provide you with personalized content in connection with same;
- To provide you with information that you have requested or that we think may interest you, including sending you promotional offers that we or our affiliates may make available;
- Investigate and prevent fraudulent transactions and other illegal activities or activities that violate our policies;
- For the purposes for which you provided the information;
- For fraud prevention, internal operations, legal compliance, and other public purposes; and
- To enforce the Terms of Use.
In addition to the uses discussed above, Sloan may use non-personally identifiable information in any manner so long as Sloan uses such information in its de-identified or aggregated form. These uses may include, without limitation, analysis of trends and how the Sites are used; improving navigation of the Sites; analysis of the performance of the Sites and diagnosis of problems; analysis and developing advertisements and advertising campaigns; and providing you with special offers and promotions and determining the effectiveness of same.
Sloan also may use your non-personally identifiable information and email address to present you with targeted content and advertisements (including on third party websites and applications). Such targeted content and advertisements may include marketing for the Sites, and the products or services of Sloan or its business and advertising partners. Your non-personally identifiable information also may be used to optimize and determine the effectiveness of content and advertisements, and to analyze interactions with content and advertisements.
Some of our third party advertisers or display networks may participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising and allow consumers the ability to opt-out of targeted advertising based on web activity tracking. For more information regarding the foregoing, please visit http://www.aboutads.info/choices/. Please note that after clicking the link and following the instructions provided therein, even if our third party advertisers or display networks participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising and you opt out of targeted advertising based on web activity tracking, you still may receive standard advertisements from us and targeted advertisements from third parties. You may need to re-click the link and follow the instructions provided therein if you delete cookies or other Collection Technology or use a different computer, device or browser.
5. How We Respond To "Do Not Track" Signals
Sloan does not respond to or alter its practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, Sloan reserves the right to do so in the future.
6. Communications with You
You authorize Sloan to transmit email or postal mail to you or to telephone you, to respond to your communications, promote our services and administer and provide information to you about Activities. If we send any emails to promote our services, unsubscribe instructions will be included in each such promotional email from Sloan. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your dealings with Sloan, the Sites or technical information about the Sites.
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Sites. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.
7. Information Sharing with Third Parties
Sloan may disclose the information it collects to others, including affiliates, (i) to provide products or services to you or fulfill your requests; (ii) for purposes of outsourcing one or more of the functions described in this Privacy Policy to service providers who work on behalf of or with Sloan including, without limitation, service providers, suppliers, payment processors, shippers, vendors, payment processors, advertisers, consultants and affiliates; (iii) to confirm or update information provided by you; (iv) to its business partners and co-sponsors of Activities or partners for our internal purposes; (v) to provide analytics for advertising, analytical, operational and other purposes; (vi) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Sloan's business or operations (including without limitation in connection with bankruptcy or any similar proceedings); (vii) to provide our affiliates with information in order to fulfill your requests, or for business, analytical, and operational purposes, or (viii) as otherwise authorized by you. Sloan may share the personally identifiable information it collects with its business partners, affiliates, distributors, vendors, and other third parties for their direct marketing purposes. Please note, however, that we do not share any personally identifiable information for any such purposes in connection with the subscription services for Sloan IOT restroom products without first obtaining your express signed written consent.
We also may share your information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms of Use, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or to exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Sloan or others, or as otherwise permitted or required by law.
We also may use and share non-personally identifiable information with other third parties. Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified, anonymized or aggregated form with advertisers, business partners, and/or other third parties in order to analyze the Sites usage, demographics, or interests, improve the Sites or Sloan’s products or services, perform services on the Sites, improve the user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified or anonymized form.
8. Children
The Sites are not directed toward children under 18 years of age nor does Sloan knowingly collect information from children under 18 on the Sites or offline. If you are under 18, you are not permitted to register for an account on the Sites or to otherwise submit any personally identifiable information to Sloan. If you provide information to Sloan through the Sites or offline, you represent that you are 18 years of age or older.
9. Protection of Personal Information
Sloan uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personally identifiable information. No transmission of data over the internet, wi-fi, Bluetooth®, or other communication protocol is guaranteed to be completely secure. It may be possible for third parties not under the control of Sloan to intercept or access transmissions or private communications unlawfully. While we strive to protect personally identifiable information, neither Sloan nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.
10. Updating Your Information
You are responsible for keeping your information current. You may update your information by contacting us at privacy@sloan.com. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Sloan’s internal reporting, processing and retention policies and all applicable legal obligations.
11. Notice of Privacy Rights of California Residents
If you are a California resident consumer, California resident professional or California resident employee of Sloan or California resident job applicant to Sloan, effective January 1, 2020, you are afforded additional rights under the California Consumer Privacy Act including its most recent amendments set forth under the California Privacy Rights Act (collectively the “CCPA”) regarding the collection, use, disclosure and sale of your personal information and/or sensitive personal information.
Under the CCPA, “personal information” is information that identifies, relates to, or could reasonably linked directly or indirectly with you or your household. Personal information generally does not include information that is publicly available.
“Sensitive personal information” is personal information that may include government identifiers (such as one’s social security, driver license, state ID or passport number); an account login, financial account, debit or credit card with any required security code, password or credential allowing account access; precise geolocation information; contents of mail, email and text messages (unless we are the intended recipient of the communication); genetic data; biometric information processed to identify a consumer; information concerning a California resident’s health, sex life or sex orientation; racial or ethnic origin, religious or philosophical beliefs or union membership.
Under the CCPA, California resident consumers, California resident professionals and California resident employees of Sloan, including California resident job applicants to Sloan, are afforded the right to contact us and submit to us a request to know any or all of the following:
- Specific pieces of personal information that we have about you
- The categories of personal information we have collected about you
- The categories of sources from which personal information about you was collected
- The categories of personal information about you that we sold or disclosed for a business purpose
- The categories of third parties to whom the personal information about you were sold or disclosed for a business purpose; and
- The business or commercial purpose for collecting or selling personal information about you
DISCLOSURE STATEMENT
CCPA Categories of Personal Information and Sensitive Personal Information Collected and Shared; Purposes for Use; Categories of Third Parties with whom shared
CALIFORNIA CONSUMERS: The following table provides details about the personal information and/or sensitive personal information that we collect and handle in connection with California consumers within the preceding twelve (12) months.
Identifiers
Contact information (such as your first and last name, birth date, business title, occupation, name of employer, employer address, shipping and billing address and information, email address and office, home and mobile telephone numbers); unique identifiers (such as a device identifier, account username and password); financial information (such as a credit or debit card number and other payment information); and online identifiers (such as an internet protocol (IP) address and a social media channel ID). Note that financial information (such as a credit or debit card number) is not stored by us as this type of payment is handled through our payment processing service providers.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). We also collect this information from third parties such as financial institutions, payment processors, and social networks. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to create and administer accounts; to process orders, payments, and refunds; to provide, improve, market, and personalize our products and services and third-party products and services; for physical security, cybersecurity, incident response, and risk reduction purposes; for legal, recordkeeping, and compliance purposes; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to various third party service providers who provide various business support services so that we can run our business operations, promote, market, advertise, sell and/or deliver our various products and services, and to other third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security services. |
Legally protected demographics
Such as your race, ethnicity, or gender identity.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you when you provide it to us or interact with us online (such as through our Sites, as defined above, or our social media). We also collect this information from third parties, such as social networks. |
Purpose of collection | We collect this category information to improve, market, and personalize our products and services (including our Sites); for physical security and incident response; for legal, recordkeeping, and compliance purposes; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control; to service providers that provide fraud prevention and security services; and to other third parties (such as law enforcement) as required by law. |
Commercial information
Such as records of the products or services you purchased or considered purchasing from us, order information, purchasing and transaction history, Sloan product purchase preferences, information regarding products you purchase from Sloan Marketplace or products that you contact customer service about (e.g., serial number, fixture manufacturer, date of installation and place of purchase) and other commercial related information that you provide to us when you register your product online, register in connection with our web or mobile applications and other information that you provide us that is generated through your use of the Site or interactions with Sloan not otherwise publicly available.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). |
Purpose of collection | We collect this category of information to better understand and communicate with you; to create and administer accounts; to process orders, payments, and refunds; to provide, improve, market, and personalize our products and services (including our Sites); for physical security, cybersecurity, incident response, and risk reduction purposes; for legal, recordkeeping, and compliance purposes; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control; to service providers that provide customer experience management, product fulfilment, marketing, and fraud prevention and security services; and to other third parties (such as law enforcement) as required by law. |
Internet or other electronic network activity information
Such as your browsing history, search history, interactions with the Sites, product settings, adjustments made to products, type of device you use to connect to the Sites, type of computer operating system you use (e.g., Microsoft Windows, Google Chrome OS, Mac OS, Android or iOS), the type of browser you use (e.g. Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider and information regarding your Internet location when you view Sloan ads, including whether you have clicked on those ads, the content you accessed while on the Sloan Sites and the length of time you viewed the content.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites, or our social media). We also collect this information from third parties such as online advertising networks, online data aggregators, and social networks. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to administer accounts; to process orders, payments, and refunds; to provide, improve, market, and personalize our products and services and third-party products and services (including our Site); for physical security, cybersecurity, incident response, and risk reduction purposes; for legal, recordkeeping, and compliance purposes; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control; to service providers that provide customer experience management, marketing, fraud prevention and security; to third parties who set cookies and tags for third-party marketing and advertising (subject to your right to opt out, as defined below); and to other third parties (such as law enforcement) as required by law. |
Geolocation information
Your physical location.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to administer accounts; to provide, improve, market, and personalize our products and services (including our Site); for physical security, cybersecurity, incident response, and risk reduction purposes; for legal, recordkeeping, and compliance purposes; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control; to service providers that provide customer experience management, marketing, fraud prevention and security; and to other third parties (such as law enforcement) as required by law. |
Sensory information
Audio, electronic, visual, thermal, olfactory, or similar information related to you.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to provide, improve, and market our products and services (including our Sites); for physical security, cybersecurity, incident response, and risk reduction purposes; for legal, recordkeeping, and compliance purposes; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control; to service providers that provide customer experience management and fraud prevention and security; and to other third parties (such as law enforcement) as required by law. |
Inferences
Inferences drawn from any of the information identified above.
Disclosure | Description |
---|---|
Sources from which collected | We draw inferences about you from the information we collect from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). We also draw inferences about you from the information we collect from third parties such as financial institutions, payment processors, and social networks. |
Purpose of collection | We draw these inferences to better understand, and communicate with you; to provide, improve, market, and personalize our products and services (including our Sites); and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to third parties (such as law enforcement) as required by law. |
CALIFORNIA PROFESSIONALS: The following table provides details about the personal information and/or sensitive personal information that we collect and handle within the preceding twelve (12) months for residents of California who interact with us in a professional/business capacity or in connection with a business to business relationship (instead of a business to consumer relationship). Such residents typically work for some of our suppliers, manufacturers, distributors, payment processors and/or other entities that provide general business and/or office support services.
Identifiers
Contact information (such as your first and last name, birth date, business title, occupation, name of employer, employer address, names of your associates, shipping and billing address and information, email address and office, home and mobile telephone numbers); unique identifiers (such as a device identifier, account username and password); financial information (such as a credit or debit card number and other payment information); and online identifiers (such as an internet protocol (IP) address and a social media channel ID). Note that financial information (such as a credit or debit card number) is not stored by us as this type of payment is handled through our payment processing service providers.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). We also collect this information from third parties such as financial institutions, payment processors, social networks, product and services suppliers, product manufacturers, distributors and general business and/or office support service providers. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you and your business; to create and administer accounts; to administer and manage events; to make announcements; to help manufacture, design, develop, promote and distribute our products, services and marketing campaigns; to process orders, purchases, payments and refunds; to provide, improve, market, and personalize our products and services and third-party products and services; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; to conduct research; for business and legal, recordkeeping and compliance purposes; for general business and office management and operational support; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to various third party service providers who provide various business support services or to support a business to business relationship that we have established with a supplier, manufacturer, retail distributor or other business that provides us with general business operational and/or office management support, and to other third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security services. |
Legally protected demographics
Such as your race, ethnicity, or gender identity.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you when you provide it to us or interact with us online (such as through our Sites, as defined above, or our social media). We also collect this information from third parties, such as social networks. |
Purpose of collection | We collect this category information to improve, market, and personalize our products and services (including our Sites); for physical security and incident response; for legal, recordkeeping, and compliance purposes; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control; to service providers that provide fraud prevention and security services; and to other third parties (such as law enforcement) as required by law. |
Commercial information
Such as records of the products or services you purchased or considered purchasing from us, order information, purchasing and transaction history, Sloan product purchase preferences, information regarding products you purchase from Sloan Marketplace or products that you contact customer service about (e.g., serial number, fixture manufacturer, date of installation and place of purchase) and other commercial related information that you provide to us when you register your product online, register in connection with our web or mobile applications and other information that you provide us that is generated through your use of the Site or interactions with Sloan not otherwise publicly available.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media) and you likely work for one of our suppliers or manufacturers or general business support service providers. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you and your business; to create and administer accounts; to administer and manage events; to make announcements; to help manufacture, design, develop, promote and distribute our products, services and marketing campaigns; to process orders, purchases, payments and refunds; to provide, improve, market, and personalize our products and services and third-party products and services; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; to conduct research; for business and legal, recordkeeping and compliance purposes; for general business and office management and operational support; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to various third party service providers who provide various business support services or to support a business to business relationship that we have established with a supplier, manufacturer, retail distributor or other business that provides us with general business operational and/or office management support, and to other third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security services. |
Internet or other electronic network activity information
Such as your browsing history, search history, interactions with the Sites, product settings, adjustments made to products, type of device you use to connect to the Sites, type of computer operating system you use (e.g., Microsoft Windows, Google Chrome OS, Mac OS, Android or iOS), the type of browser you use (e.g. Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider and information regarding your Internet location when you view Sloan ads, including whether you have clicked on those ads, the content you accessed while on the Sloan Sites and the length of time you viewed the content.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). We also collect this information from third parties such as financial institutions, payment processors, social networks, product and services suppliers, product manufacturers, retail distributors and general business and/or office support service providers. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you and your business; to create and administer accounts; to administer and manage events; to make announcements; to help manufacture, design, develop, promote and distribute our products, services and marketing campaigns; to process orders, purchases, payments and refunds; to provide, improve, market, and personalize our products and services and third-party products and services; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; to conduct research; for business and legal, recordkeeping and compliance purposes; for general business and office management and operational support; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to various third party service providers who provide various business support services or to support a business to business relationship that we have established with a supplier, manufacturer, retail distributor or other business that provides us with general business operational and/or office management support, and to other third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security services. |
Geolocation information
Your physical location, including the physical addresses of the relevant building(s) that you own, manage or service.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). We also collect this information from third parties such as financial institutions, payment processors, social networks, product and services suppliers, product manufacturers, retail distributors and general business and/or office support service providers. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you and your business; to create and administer accounts; to administer and manage events; to make announcements; to help manufacture, design, develop, promote and distribute our products, services and marketing campaigns; to process orders, purchases, payments and refunds; to provide, improve, market, and personalize our products and services and third-party products and services; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; to conduct research; for business and legal, recordkeeping and compliance purposes; for general business and office management and operational support; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to various third party service providers who provide various business support services or to support a business to business relationship that we have established with a supplier, manufacturer, retail distributor or other business that provides us with general business operational and/or office management support, and to other third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security services. |
Sensory information
Audio, electronic, visual, thermal, olfactory, or similar information related to you.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). We also collect this information from third parties such as financial institutions, payment processors, social networks, product and services suppliers, product manufacturers, retail distributors and general business and/or office support service providers. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you and your business; to create and administer accounts; to administer and manage events; to make announcements; to help manufacture, design, develop, promote and distribute our products, services and marketing campaigns; to process orders, purchases, payments and refunds; to provide, improve, market, and personalize our products and services and third-party products and services; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; to conduct research; for business and legal, recordkeeping and compliance purposes; for general business and office management and operational support; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to various third party service providers who provide various business support services or to support a business to business relationship that we have established with a supplier, manufacturer, retail distributor or other business that provides us with general business operational and/or office management support, and to other third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security services. |
Inferences
Inferences drawn from any of the information identified above.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites or our social media). We also collect this information from third parties such as financial institutions, payment processors, social networks, product and services suppliers, product manufacturers, retail distributors and general business and/or office support service providers. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you and your business; to create and administer accounts; to administer and manage events; to make announcements; to help manufacture, design, develop, promote and distribute our products, services and marketing campaigns; to process orders, purchases, payments and refunds; to provide, improve, market, and personalize our products and services and third-party products and services; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; to conduct research; for business and legal, recordkeeping and compliance purposes; for general business and office management and operational support; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to various third party service providers who provide various business support services or to support a business to business relationship that we have established with a supplier, manufacturer, retail distributor or other business that provides us with general business operational and/or office management support, and to other third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security services. |
CALIFORNIA EMPLOYEES AND JOB APPLICANTS: The following table provides details about the personal information and/or sensitive personal information that we collect and handle within the preceding twelve (12) months for residents of California who are our employees or who are job applicants.
Identifiers
Contact information (such as your name, the name of your former employers, names of your references, your former professional or corporate titles, your home address, email address, telephone and fax numbers, including the same contact information about your references); unique identifiers (such as your social security number, alien or I-94 number); financial information (such as your bank account); credit and background history; and online identifiers (such as an internet protocol address and a social media channel ID). Note that certain financial information (such as a credit or debit card number) is not stored by us as this types of payment is handled through our payment processing service providers.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites, intranet or our social media), in writing or in person and through service providers who may run a credit or background check on you. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to prepare and maintain employment records and job application records; to help us evaluate your prior employment history; to provide an electronic means for paying you through automatic deposits and to provide you with employment related benefits; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; for business and legal, recordkeeping and compliance purposes; for general business and office management; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security. |
Legally protected demographics
Such as your race, ethnicity, or gender identity.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites, intranet or our social media), in writing or in person and through service providers who may run a credit history or background check on you. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to prepare and maintain employment records and job application records; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; for business and legal, recordkeeping and compliance purposes; for general business and office management; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security. |
Internet or other electronic network activity information
Such as your browsing history, search history, and interactions with the Sites.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites, intranet or our social media). |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to prepare and maintain employment records and job applications; to help us evaluate your job performance; to provide you with employment related benefits; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; for business and legal, recordkeeping and compliance purposes; for general business and office management; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security. |
Geolocation information
Your physical location.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites, intranet or our social media). |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to prepare and maintain employment records and job applications; to help us evaluate your job performance; to provide you with employment related benefits; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; for business and legal, recordkeeping and compliance purposes; for general business and office management; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security. |
Sensory information
Audio, electronic, visual, thermal, olfactory, or similar information related to you.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites, intranet or our social media), in writing or in person. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to prepare and maintain employment records and job applications; to help us evaluate your job performance; to provide you with employment related benefits; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; for business and legal, recordkeeping and compliance purposes; for general business and office management; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security. |
Inferences
Inferences drawn from any of the information identified above.
Disclosure | Description |
---|---|
Sources from which collected | We collect this category of information from you or your device(s) when you provide it to us or interact with us online (such as through our Sites, intranet or our social media), in writing or in person. |
Purpose of collection | We collect this category of information to identify, better understand, and communicate with you; to prepare and maintain employment records and job application records; to help us evaluate your prior employment history; to provide an electronic means for paying you through automatic deposits and to provide you with employment related benefits; to promote for physical security, cybersecurity, incident response, and risk reduction purposes; for business and legal, recordkeeping and compliance purposes; for general business and office management; and for other purposes communicated to you at the time of collection. |
Categories of Third Parties with whom shared | We disclose this category of information to related or affiliated companies under our control and to third parties (such as law enforcement) in order to comply with our legal obligations or to provide fraud protection and security. |
Your Privacy Rights Under the CCPA
As a California resident consumer, professional, employee or job applicant, in addition to the right to know what personal information we collect, use, disclose and sell (previously discussed above), you are also afforded
- the right to have your personal information deleted;
- the right to have your personal information corrected;
- the right to have your personal information transferred to a designated third party, i.e. right to data portability, and a right to receive a copy of your personal information;
- the right to limit the use and disclosure of your sensitive personal information (e.g., only to have use of such information limited to providing you with the products and services that you have requested);
- the right to opt-out of any sale of your personal information to a third party; and
- the right not to be discriminated against should you exercise any of your CCPA rights.
Please note that your right to know, right to delete, the right to correct, the right of data portability and/or the right to limit may be subject to one or more limited exceptions, including but not limited to the following: we cannot verify you; we may not be required to provide you access to all of the specific pieces of information we have collected about you due to the sensitive nature of the information; we cannot honor your request to delete or limit information in certain circumstances. For example, we are not required to delete or limit information that is necessary to complete a requested transaction, to detect security incidents, the request interferes with our legal obligations or legal rights or for certain other internal purposes.
Selling your personal information and the right to opt-out of any sale of your personal information to a third party (discussed further below) may also be subject to (or not applicable to) certain limited exceptions such as if the selling or sharing of personal information is made to one of our service providers who is using such information in order to help us provide our products and/or services or such sharing or selling is necessary for us to comply with our legal obligations or to exercise our legal rights.
Submitting Your CCPA Right Requests
If you are a California resident consumer, professional, employee or job applicant, you or your legally authorized agent acting on your behalf may submit your CCPA personal information requests by emailing us at privacy@sloan.com or by calling us at the following toll free number: 888-756-2612. To exercise your right to limit the use of your sensitive personal information, such as limiting use of such information solely to provide you with the products or services that you requested, you can simply click on the “Limit The Use Of My Sensitive Personal Information” link here or click on the “Limit The Use of My Sensitive Personal Information” link that is displayed on the Sloan web site home page.
Please note that when receiving your requests we have the obligation and right to use reasonable means to verify your identity when processing your request (e.g., request your user name, email address, date or amount of one of your transactions with us on Sloan Marketplace). We perform this verification procedure at no cost to you or your legally authorized agent. Upon receiving your verified request, we will confirm receipt of the request within 10 business days and we will provide a substantive response within 45 calendar days.
You can also designate an authorized agent to make a CCPA rights request to us on your behalf. When you use an authorized agent to submit a CCPA rights request, you must provide the authorized agent with written permission to do so, and, in certain circumstances, we may ask you to verify your own identity directly with us. We may deny a request from an authorized agent who does not submit proof that they have been authorized by you to act on your behalf.
Selling Your Personal Information
We do not sell any of your personal information to a third party, i.e. for monetary compensation or in consideration for something of value to be received from the recipient of your information. If we do, you are afforded the right to opt-out of any sale or sharing of your personal information for value and you may opt-out by clicking on the “Do Not Sell My Personal Information” link here, the “Do Not Sell My Personal Information” link that is displayed on the Sloan web site home page, by emailing us at privacy@sloan.com or by calling us at the following toll-free number: 888-756-2612. Except as otherwise indicated, the information sharing that we do is so that we can provide you with the products and services that you have requested we provide you.
Responding to California Consumer Privacy Requests
When you make a CCPA rights request, we must first verify your identity using other non-sensitive personal information that we may have on file for you except when you exercise your right to opt out of the selling of your personal information. When you request to opt out of the selling of your personal information, we must honor your request even if you have not established an account with us. But for the other rights, in order for us to process your request, you must provide the information we request as part of the verification process, such as your contact information and an additional non-sensitive personal information identifier based on your relationship with us. Before we process your request, we will match these data points with data points we currently maintain to verify your identity and your relationship with us.
We also reserve the right not to respond to or to deny a request to know or a request to allow access to or deletion of your information or to limit your rights under certain circumstances (e.g. if the request poses an unreasonable risk, we are lawfully entitled to do so, we are lawfully entitled to maintain an archive copy of your information despite a request to delete, if it is necessary to detect security incidents or if the rights of another individual might be violated, or if the request requires that we or our vendor, user or partner undertake a search or provide an accessible format when the information that is the subject of the request does not lend itself to a search or does not lend itself to the format being requested by the individual making the request). In some instances, this may mean that we and our vendor(s), other(s) and business partners are able to retain your personal information even if you withdraw your consent or if a California resident consumer, professional, employee or job applicant, we and our vendor(s), other user(s) and business partner(s) can maintain an archive copy of your personal information on a backup system notwithstanding a request to delete your personal information. Moreover, we have the legal obligation not to transmit to you or others certain information deemed highly sensitive (assuming that we even have such information) but we should always be able to provide you with information about whether we have such highly sensitive information about you.
Unless we are designated as the Service Provider under the CCPA, please do not submit personal information requests to any of our vendors, users or business partners as they may not necessarily be required to respond to personal information requests that they may receive directly from our customer or clients. When you make a legitimate CCPA rights request, we will communicate that request to our appropriate Service Providers who are acting on our behalf so that they will similarly honor your request. On the other hand, if we are the designated Service Provider for any product or service that is being offered to you, please direct your personal information requests directly to the company or other organization that has retained us as its/their Service Provider.
Sharing Personal Information for Direct Marketing
Sloan has adopted a policy of not sharing your personally identifiable information with third parties for their direct marketing purposes if you request that we do not do so ("Opt-Out Policy"). You may make such a request by clicking on the “Do Not Sell My Personal Information” link here, the “Do Not Sell My Personal Information” link that is displayed on the Sloan web site home page, or by sending us an email at privacy@Sloan.com. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personally identifiable information or for processing this request.
California’s “Shine the Light” Law
If you are a California resident and have provided personal information to a business without an Opt-Out Policy, you may be entitled by law to request certain information regarding disclosures of personally-identifiable information made by such business to third parties for the third parties' direct marketing purposes during the immediately preceding calendar year ("Disclosure Request"). Such business is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated by the business for such purposes. However, please note that due to Sloan's Opt-Out Policy described in the preceding paragraph, we are not obligated by law to provide you with the requested information.
If you are still interested in making a Disclosure Request, please contact us at privacy@sloan.com. In the Disclosure Request, specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response, but note that Sloan is entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of personal information pursuant to our Opt-Out Policy.
12. Links
You may have the opportunity to follow links on the Sites to other sites that may be of interest to you. Sloan endeavors to only link to reputable organizations. Because other sites may not be hosted or controlled by Sloan, we are not responsible for the privacy practices of those sites or the content provided thereon. Therefore, the privacy policies with respect to other sites may differ from those applicable to the Sites. We encourage you to review the privacy policies of each other site. This Privacy Policy only applies to information collected and maintained by Sloan.
13. International Visitors
The Sites are hosted in the United States and are intended only for United States visitors. We do not solicit any personal data transmitted to us from others who are located in countries outside of the United States. If you are located in an EU member country, the United Kingdom, Iceland, Liechtenstein, Norway or Switzerland and you have sent us your personal data unsolicited, after we have completed our review of your communication, we will appropriately delete your communication, including any personal data that may be contained therein.
We may share, as described in this Privacy Policy, information with our affiliates and subsidiaries, and third parties. We may disclose information in response to legal process and lawful requests by public authorities in the United States and other countries, for the purposes of law enforcement and national security.
QUESTIONS? If you have any questions or concerns regarding this Privacy Policy, please contact us at privacy@sloan.com. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to the Sites or Sloan.
Terms of Use
Effective July 15th 2024
DownloadTable of Contents
Terms of Use
Last Revised: October 14, 2022
Sloan Valve Company, Sloan Global Holdings, and/or Sloan Marketplace LLC (collectively with its affiliates, "Sloan", "we" or "our") welcomes you to this website, sloan.com, and other Sloan websites, microsites, applications, and online locations (collectively, the "Site"). Use of the Site is subject to the following Terms of Use, together with the Privacy Policy (collectively hereinafter “Terms”). Please read these Terms, as well as our Terms of Sale, which are incorporated herein by reference, carefully.
1. ACCEPTANCE OF TERMS OF USE
By accessing and using the Site, registering for an account on the Site, and/or making any purchases through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access, or use the Site or any of its content.
If you are accessing or using the Site on behalf of a company, legal entity, association, partnership, organization, or other entity (collectively, “Organization”), you accept and agree to these Terms on behalf of the Organization and you represent and warrant that you have the authority to bind the Organization to these Terms and to make purchases on its behalf. In such event, when these Terms use the words "you" or "your" it will refer and apply to you and that Organization. If at any time you do not have the authority to bind the Organization to these Terms or make purchases on its behalf, please do not access, or use the Site or any of its content. Even if you are accessing or using the Site on behalf of an Organization, you agree that you, as an individual, are bound by these Terms and the Privacy Policy.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms are subject to be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Should the Terms be revised, Sloan will post the changes on this Site and the new Terms will be effective immediately upon posting. If Sloan makes any material changes to the Terms, in addition to posting the revised Terms to this Site, Sloan will notify you in the manner and to the extent required by law. You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page. Each time you access, use, or browse the Site, you signify your acceptance of the then-current Terms.
Sloan may make changes to the Site or its contents, products, services or features at any time. You understand and agree that Sloan may discontinue or restrict your use of the Site at any time for any reason with or without notice.
2. PERMITTED USERS OF THE SITE
The Site is directed to persons 18 years of age or older. If you are under age 18, you are not permitted to submit any personally identifiable information to Sloan on the Site or offline. If you provide information to Sloan through the Site, you represent that you are at least 18 years of age or of an age to form a legally binding contract and you are not prohibited from receiving services or purchasing products available on or through the Site under the laws of the United States or any other applicable jurisdiction.
3. PRIVACY POLICY
Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to access, use, or browse the Site.
4. PERMITTED USES
Any content available through the Site, including without limitation any text, documents, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, product information, software and other information and materials (the "Content") is the sole and exclusive property of Sloan, its licensors, or other content providers.
The Content is made available for only your personal, noncommercial use, other than with respect to (i) use of the Site for entering purchase orders, or (ii) use of the Design Tools (defined below) to facilitate the purchase of Sloan products for the Organization you represent as an authorized agent. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law.
Special terms may apply to some services, features or products offered on the Site, or when you register, enroll, or participate in any surveys or questionnaires; promotions; or any other services, events or activities sponsored by Sloan or third parties, or offered in connection with the Site (collectively, "Activities," or individually, an “Activity”) that may be offered on the Site or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity, you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are applicable to the Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms, and, in the event of a conflict, any such terms or rules shall prevail over these Terms.
5. DESIGN CONFIGURATION TOOLS
Sloan may make available through the Site tools that allow you to develop and design restroom and/or other projects using Sloan products (each a “Design Tool”). The Design Tools may allow you to create project summaries or other product documentation. Project summaries and any other documentation made available through the Design Tools is considered Content under these Terms. Design Tools may be operated by Sloan or by a third party. Design Tools operated by a third party may be subject to additional terms and conditions provided by that third party.
You understand that the Design Tool and any Design Tool Content are for illustrative purposes only, and do not constitute, and should not be used as, final plans, specifications, details, or designs for your project. Design Tool and any Design Tool Content should only serve as a basis for seeking further professional advice. Before starting a project or purchasing any materials, you should independently verify the accuracy, suitability, completeness, safety, and legal compliance of your project.
Product depictions on screen and by print are a visual representation of products offered by Sloan and may vary in color and pattern from the actual product. No images created by the Design Tools should be interpreted as a recommendation to use any product for a specific application. Images created in the Design Tools may not include all installation details such as seams or mounting holes. Design Tools may allow you to include custom project notes; Sloan makes no representation that any custom request from a consumer can be fulfilled.
Any prices identified in Design Tools or Design Tool Content are Sloan’s suggested list prices and should be used only for budget estimates; actual sales prices are set by distribution partners. Sloan sells its product through distribution partners and does not control partners’ prices. No price representation will be binding until a purchase order is executed by buyer.
To the greatest extent permitted by applicable law, Sloan hereby disclaims all express and implied warranties and representations pertaining to the use, product availability, suitability, completeness, safety, and legal compliance of all, or any portion, of the Design Tools, including, without limitation, color, measurements, dimensions, materials, energy source, energy consumption, or otherwise.
6. SLOAN IOT PRODUCT SUBSCRIPTION SERVICES.
Sloan may allow users of Sloan connected products (“Sloan IOT Products”) to log-in and access Sloan IOT Product subscription services through the Site, however, use of Sloan IOT Products is governed by separate Sloan IOT Product Terms of Use.
7. PRODUCT INFORMATION
Select products displayed on the Sites are available to purchase through the Sites from Sloan Marketplace, LLC. The prices displayed on the Sites are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible colors and designs of our products that appear at the Sites. We cannot guarantee that the display of any color or design on your computer or mobile device will be accurate.
Product information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
8. PROPRIETARY RIGHTS
You acknowledge and agree that, as between Sloan and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights (excluding any User Content), are owned exclusively by Sloan or its content providers, affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.
Copyright: All Content is the copyright and property of Sloan or its content providers, affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell, or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by Sloan in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Sloan or its affiliates, suppliers, vendors, merchants, licensors, content providers, or Activities partners or sponsors. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Sloan by the respective trademark owners, or by Sloan of the respective trademark owners. Without limitation, Sloan® is a trademark registered in the United States Patent and Trademark Office and owned by Sloan Valve Company.
9. ACCOUNT PASSWORD AND SECURITY
The Site may contain some features that require registration of a username and password ("Account"), including the password-protected account through which you can place orders and make purchases via the Site or use Design Tools. You agree to provide only accurate and truthful information in creating or maintaining an Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your Account or password, whether by you or others. If you are using your Account on behalf of an entity or third party, you represent that you have authority from such entity or third party to use such Account and to act on behalf of such entity or third party. When you register for your login information and each time you access your account, you agree to (a) log out of the Account at the end of each session; (b) keep the password confidential and not share it with anyone else; and (c) immediately notify Sloan of any unauthorized use of the password or Account or any other breach of security. Sloan reserves the right to delete, modify or remove any content on any Account at any time in its sole discretion. You are solely responsible to backup any content that you do not want deleted, modified, or removed from the Account. Sloan is authorized to act on instructions received through use of your Account. This includes any purchases you make through the Site on behalf of the Organization that you represent, and Sloan is not liable for any loss or damage arising from your failure to comply with this Section.
10. User Content
11. YOUR INDEMNITY OF SLOAN
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLOAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTENT PROVIDERS, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS AND SPONSORS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, THE "SLOAN PARTIES"), FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, ACTION, DAMAGE, LIABILITY, PENALTY, FINE, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES), WHETHER INCURRED BY OR MADE AGAINST A SLOAN PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT, USER CONTENT, PRODUCTS, SERVICES OR ACTIVITY AVAILABLE THROUGH THE SITE, OR YOUR DEALINGS IN CONNECTION WITH THE SITE, (B) YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR TO SLOAN; (C) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF SLOAN OR ANY THIRD PARTY; AND (D) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT OR PASSWORD WHETHER BY YOU OR ANY OTHER PERSON, OR ANY USE OF SLOAN’S ONLINE ORDERING SYSTEM.
12. LINKS TO OTHER WEBSITES
The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Sloan is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties' products or services do not imply Sloan's endorsement of information, material, products or services of any other party or any other website. Sloan disclaims all liability with regard to your access to and use of any information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Sloan is not responsible or liable, directly, or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
13. MODIFICATIONS, SUSPENSION AND TERMINATION
Sloan reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, its Content, including, without limitation, product parts, prices, and sales terms, or Activities, or any portion thereof, with or without notice. You agree that Sloan will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, its Content, or Activities or any portion thereof.
Sloan reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Content, or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Sloan shall not be liable to you or any third party for any such suspension, discontinuance, or termination.
14. DISCLAIMERS AND LIMITATION OF LIABILITY
WITH THE EXCEPTION OF THE LIMITED WARRANTY AVAILABLE AT HTTPS://WWW.SLOAN.COM/RESOURCES/PRODUCT-RESOURCES/WARRANTY-INFORMATION FOR CERTAIN PRODUCTS, THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SLOAN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF DESIGN TOOLS OR ANY CONTENT AVAILABLE THROUGH THE SITE (INCLUDING USER CONTENT). YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.
SLOAN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. SLOAN DOES NOT ENDORSE USER CONTENT AND IS NOT RESPONSIBLE FOR USER CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SLOAN AND ALL OF THE SLOAN PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE,CONTENT, OR USER CONTENT, EVEN IF SLOAN OR ANY OF THE SLOAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
15. NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of this service is Sloan Valve Company, 10500 Seymour, Franklin Park, IL 60131, 800.982-5839. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to marketing@sloan.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
16. PRODUCTS AND SERVICES
Unless otherwise prohibited by law, we reserve the right to change or substitute any products or services offered on the Site, and the prices or specifications of any such products or services, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of products or services described on the Site, and to decline any purchase. The products or services described on the Site may be out of date or differ slightly from the actual products or services offered, sold, or provided by Sloan. Products or services described on the Site may not be available at all times or in all locations.
17. PAYMENTS
By placing an order on the Site, you represent and warrant that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card and authorize Sloan or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you place your order.
18. GOVERNING LAW AND DISPUTES
Any dispute between you and Sloan arising out of or relating to these Terms, the Privacy Policy, the Site or its Content shall be governed by, and will be construed in accordance with, the laws of the State of Illinois, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in IL, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Sloan does not represent that the Site or its Content is appropriate outside the United States of America. Sloan reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time in its sole discretion.
19. MISCELLANEOUS
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Sloan's failure to act with respect to any failure by you or others to comply with these Terms does not waive Sloan's right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Sloan with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms, or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Sloan, and any assignment or transfer in violation of this provision shall be null and void. Sloan reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Site, including without limitation the right to block access from a particular internet address.
MAP Policy
Effective February 4th 2025
DownloadTable of Contents
SLOAN Minimum Advertised Price Policy
Updated: February 2, 2025
Sloan Valve Company (“Sloan”) is a global leader in manufacturing commercial plumbing systems. Sloan is committed to maintaining the high quality brand image of our products and the Authorized Distributors and Resellers (“Distribution Partners”) who support this brand image through stocking requirements, non-OEM products, warranty information, technical administration, and investment of time and resources required to provide the high level of customer service and product knowledge our customers need and expect.
In furtherance of these commitments, Sloan has unilaterally adopted this Minimum Advertised Price Policy (this “Policy”), which applies to all Sloan Distribution Partners effective January 1, 2018.
The Minimum Advertised Price (“MAP”) is 35% off the Manufacturer’s Suggested Resale Price (“List Price”) for all Sloan products as stated in the most current published price list issued by Sloan and submitted to Distribution Partners from time to time, or item specific exceptions identified in Exhibit A, attached. Distribution Partners are not required to use prices in advertising for Sloan products, but all prices stated in such advertising must be at or above the applicable MAP price for each Sloan product.
Each Distribution Partner must inform all of its direct or indirect customers who are third-party resellers of this Policy and Sloan’s expectation that each seller throughout the chain of sale of Sloan products is expected to conform to it. Distribution Partners who sell to third parties who violate this Policy will likewise be deemed in violation of this Policy.
This Policy applies to all advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio, television), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites, marketplaces), internet placements on the website of a Distribution Partner of one of its direct or indirect customers who are third-party resellers, and any flyers, posters or coupons. Value-add promotions (e.g., rebates, taxes, free freight, giveaways) are permissible and can be advertised as long as the Sloan product is advertised at or above MAP as the only price shown for the Sloan product, and the value-add is stated separately and not used in a manner that circumvents this Policy. This Policy does not apply to oral sales discussions or negotiations with specific customers.
This Policy applies only to advertised prices, and is not in any way intended to restrict or influence actual resale prices of Sloan products. Each Sloan Distribution Partner and each of its direct or indirect customers who are third- party resellers remain free to establish for itself the prices at which to resell Sloan products.
If Sloan determines, in its sole discretion, that a Distribution Partner or one of its customers who is a third-party reseller has violated this Policy, such violators are subject to one or more of the following steps:
First Notification – Sloan will notify the Distribution Partner of the violation and allow five (5) business days to correct the violation.
Second Notification – If the violating party remains out of compliance following the First Notification, Sloan will notify the Distribution Partner of the continued violation and allow an additional five (5) business days to correct the violation. If after the additional five (5) business days the violation is not corrected, Sloan will take corrective measures that include, without limitation, loss or forfeiture of any programs or funds that may be available to that Distribution Partner.
Third Notification – If the violating party remains out of compliance following the Second Notification and any Sloan corrective measures, Sloan will notify the Distribution Partner of the continued violation and allow five (5) additional business days to correct the violation. If after the additional five (5) business days the violation is not corrected, Sloan will take corrective measures that include, without limitation, loss of access to particular Sloan products and termination of eligibility as an authorized Distribution Partner.
Sloan is adopting this Policy as its own unilateral policy. Sloan alone will implement, interpret, and enforce this Policy in its own independent judgment. Sloan will determine in its sole discretion whether a Sloan Distribution Partner is in violation of this Policy, and what corrective measures if any to take for violations and communicating such decisions.
Sloan will take these actions independently and without reference to or input from any other Distribution Partner or outside party. Sloan will not respond to communications about other Distribution Partners or their direct or indirect customers who are third-party resellers who are advertising Sloan products in violation of this Policy.
The MAP Administrator is solely responsible for and authorized to determine whether a violation has occurred, what appropriate steps shall be taken, and sending and receiving communications regarding this Policy. All inquiries and questions about this Policy should be directed to the following email address:
Other Sloan employees and sales representatives have no authority to modify or grant exemptions to this Policy, or to have communications regarding violations with any Distribution Partner or their direct or indirect customers who are third-party resellers.
This Policy is not an agreement between or among Sloan, any Distribution Partner, or any of its direct or indirect customers who are third-party resellers. This Policy is non-negotiable and will not be altered for any Distribution Partner. Sloan reserves the right to modify, suspend or cancel this Minimum Advertised Price Policy, in whole or in part, at any time and for any reason, at its sole discretion. Such changes shall apply equally to all Sloan Distribution Partners and resellers.
Exhibit A – Minimum Advertised Price Specific Exceptions
Item | Description | 2.2.25 List Price | 2.2.25 MAPP |
3080153 | REGAL 110XL | $245.15 | $124.99 |
3080053 | REGAL 111XL | $245.15 | $124.99 |
3080050 | REGAL 111-1.28 XL | $245.15 | $124.99 |
3082653 | REGAL 186XL | $245.15 | $124.99 |
3082675 | REGAL 186-1 XL | $245.15 | $124.99 |
3982628 | REGAL 186-0.5 XL | $245.15 | $124.99 |
3982604 | REGAL 186-0.125 XL | $245.15 | $124.99 |
3980095 | REGAL 111 XL SFSM | $613.00 | $307.50 |
3080058 | REGAL 111-1.28 XL SFSM | $613.00 | $307.50 |
3982525 | REGAL 186-1 XL SFSM | $613.00 | $307.50 |
3982530 | REGAL 186-0.5 XL SFSM | $613.00 | $307.50 |
3082604 | REGAL 186-0.125 XL SFSM | $613.00 | $307.50 |
3082475 | REGAL 180-1 XL | $245.15 | $124.99 |
3082453 | REGAL 180XL | $245.15 | $124.99 |
3082442 | REGAL 180-1.5 XL | $245.15 | $124.99 |
3070026 | GEM-2 111-1.28 XL | $270.30 | $138.00 |
3070004 | GEM-2 111XL | $270.30 | $138.00 |
3072621 | GEM-2 186-0.25 XL | $270.30 | $138.00 |
3072609 | GEM-2 186-0.5 XL | $270.30 | $138.00 |
3072606 | GEM-2 186-1 XL | $270.30 | $138.00 |
3072619 | GEM-2 186-0.125 XL | $270.30 | $138.00 |
3072604 | GEM-2 186 XL | $270.30 | $138.00 |
3070190 | GEM-2 110 XL | $270.30 | $138.00 |
0325105 | EBV89A-M SENS ASM OPENING-CLOSET METAL | $377.85 | $159.00 |
3325500 | EBV500A SINGLE FLUSH SIDE MOUNT | $434.30 | $179.00 |
1001500 | WES150 UNIV WATERFREE URINAL CARTRIDGE | $87.65 | $56.99 |
3335160 | EAF-350-BAT-CP-0.35GPM-MLM-IR-IQ-FCT | $745.95 | $410.27 |
3335110 | EAF-350-BAT-CP-0.5GPM-AER-IR-IQ-FCT | $760.75 | $418.41 |
3335106 | EAF-350-BAT-CP-1.5GPM-AER-IR-IQ-FCT | $745.95 | $410.27 |
3335159 | EAF-350-BAT-ISM-CP-0.35GPM-MLM-IR-IQ-FCT | $837.55 | $460.65 |
3335111 | EAF-350-BAT-ISM-CP-0.5GPM-AER-IR-IQ-FCT | $837.55 | $460.65 |
3335107 | EAF-350-BAT-ISM-CP-1.5GPM-AER-IR-IQ-FCT | $837.55 | $460.65 |
3362170 | SF-2150-4-BAT-TEE-CP-0.35GPM-MLM-IR-FCT | $541.75 | $319.63 |
3362102 | SF-2150-4-BAT-TEE-CP-0.5GPM-MLM-IR-FCT | $541.75 | $319.63 |
3362173 | SF-2250-4-BAT-TEE-CP-0.35GPM-MLM-IR-FCT | $527.35 | $311.14 |
3362145 | SF-2250-4-BAT-TEE-CP-1.5GPM-LAM-IR-FCT | $527.35 | $311.14 |
3362104 | SF-2250-4-BAT-TEE-CP-2.2GPM-LAM-IR-FCT | $522.40 | $308.22 |
3362171 | SF-2350-BAT-TEE-CP-0.35GPM-MLM-IR-FCT | $526.30 | $310.52 |
3362119 | SF-2350-BAT-TEE-CP-0.5GPM-MLM-IR-FCT | $526.30 | $310.52 |
3362172 | SF-2450-4-BAT-TEE-CP-0.35GPM-MLM-IR-FCT | $541.75 | $319.63 |
3362124 | SF-2450-4-BAT-TEE-CP-0.5GPM-MLM-IR-FCT | $541.75 | $319.63 |
3362176 | SF-2100-4-PLG-TEE-CP-0.35GPM-MLM-IR-FCT | $574.65 | $339.04 |
3362103 | SF-2100-4-PLG-TEE-CP-0.5GPM-MLM-IR-FCT | $574.65 | $339.04 |
3362175 | SF-2200-4-PLG-TEE-CP-0.35GPM-MLM-IR-FCT | $556.15 | $328.13 |
3362149 | SF-2200-4-PLG-TEE-CP-1.0GPM-LAM-IR-FCT | $556.15 | $328.13 |
3362146 | SF-2200-4-PLG-TEE-CP-1.5GPM-LAM-IR-FCT | $556.15 | $328.13 |
3362109 | SF-2200-4-PLG-TEE-CP-2.2GPM-LAM-IR-FCT | $555.55 | $327.77 |
3362179 | SF-2300-PLG-TEE-CP-0.35GPM-MLM-IR-FCT | $559.65 | $330.19 |
3362116 | SF-2300-PLG-TEE-CP-0.5GPM-MLM-IR-FCT | $558.30 | $329.40 |
3362178 | SF-2400-4-PLG-TEE-CP-0.35GPM-MLM-IR-FCT | $574.65 | $339.04 |
3362130 | SF-2400-4-PLG-TEE-CP-0.5GPM-MLM-IR-FCT | $558.30 | $329.40 |
3301120 | A1037A-BX DUAL FLTR DIAP KT 1.5 UR | $66.65 | $36.69 |
3301121 | A1038A-BX DUAL FLTR DIAP KT 3.5 CL | $66.65 | $36.69 |
3301122 | A1041A-BX DUAL FLTR DIAP KT 1.6 CL | $66.65 | $36.69 |
3301123 | A1042A-BX DUAL FLTR DIAP KT 1.0 UR | $66.65 | $36.69 |
3301124 | A1043A-BX DUAL FLTR DIAP KT 0.5 UR | $66.65 | $36.69 |
3301125 | A1044A-BX DUAL FLTR DIAP KT 2.4 CL | $66.65 | $36.69 |
3301119 | A1045A-BX DUAL FLTR DIAP KT 1.28 CL | $66.65 | $36.69 |
3301142 | A1047A-BX DUAL FLTR DIAP KT 0.25 UR | $66.65 | $36.69 |
3301143 | A1050A-BX DUAL FLTR DIAP KT 1.25 UR | $66.65 | $36.69 |
3301150 | A1101A-BX REBUILD KT 1.6 CL EXPS | $78.35 | $43.19 |
3301151 | A1102A-BX REBUILD KT 3.5 CL EXPS | $78.35 | $43.19 |
3301152 | A1103A-BX REBUILD KT 2.4 CL EXPS | $78.35 | $43.19 |
3301157 | A1104A-BX REBUILD KT 1.28 CL EXPS | $78.35 | $43.19 |
3301153 | A1106A-BX REBUILD KT 0.5 UR EXPS | $78.35 | $43.19 |
3301154 | A1107A-BX REBUILD KT 1.0 UR EXPS | $78.35 | $43.19 |
3301155 | A1108A-BX REBUILD KT 1.5 UR EXPS | $78.35 | $43.19 |
3301166 | A1113A-BX REBUILD KT 0.25 UR EXPS | $78.35 | $43.19 |
3301184 | A1121A TUNE-UP KIT 1.6 GPF CLOSET ROYAL | $86.50 | $47.59 |
3301185 | A1122A TUNE-UP KIT 3.5 GPF CLOSET ROYAL | $86.50 | $47.59 |
3301186 | A1124A TUNE-UP KIT 1.28 GPF CLOSET ROYAL | $86.50 | $47.59 |
3301187 | A1125A TUNE-UP KIT 0.125 GPF URINAL ROYAL | $86.50 | $47.59 |
3301188 | A1126A TUNE-UP KIT 0.5 GPF URINAL ROYAL | $86.50 | $47.59 |
3301189 | A1127A TUNE-UP KIT 1.0 GPF URINAL ROYAL | $86.50 | $47.59 |
3301190 | A1128A TUNE-UP KIT 1.5 GPF URINAL ROYAL | $86.50 | $47.59 |
3301191 | A1129A TUNE-UP KIT 0.25 GPF URINAL ROYAL | $86.50 | $47.59 |
3302003 | B51A-BX REP KIT HANDLE ASM ROYAL | $11.30 | $6.19 |
3323183 | V651A-BX REPAIR KIT | $5.80 | $3.19 |
3301036 | A36A REPAIR KIT 4.5 CLOSET | $39.15 | $19.50 |
3301037 | A37A REPAIR KIT 1.5 URINAL | $39.15 | $19.50 |
3301038 | A38A REPAIR KIT 3.5 CLOSET | $39.15 | $19.50 |
3301041 | A41A REPAIR KIT 1.6 CLOSET | $41.70 | $21.00 |
3301044 | A42A REPAIR KIT 1.0 URINAL | $41.70 | $21.00 |
3301081 | A43A REPAIR KIT 0.5 URINAL | $41.70 | $21.00 |
3301024 | A44A REPAIR KIT 2.4 CLOSET | $41.70 | $21.00 |
3301045 | A140A REPAIR KIT 1.28 CLOSET | $43.00 | $21.00 |
3317001 | R1001A REBUILD KIT REGAL 4.5 GPF CLOSET | $49.35 | $27.19 |
3317002 | R1002A REBUILD KIT REGAL 1.5 GPF URINAL | $49.35 | $27.19 |
3317003 | R1003A REBUILD KIT REGAL 3.5 GPF CLOSET | $49.35 | $27.19 |
3317004 | R1004A REBUILD KIT REGAL 1.6 GPF CLOSET | $49.35 | $27.19 |
3317005 | R1005A REBUILD KIT REGAL 1.0 GPF URINAL | $49.35 | $27.19 |
3317020 | R1006A REBUILD KIT REGAL 1.28 GPF CLOSET | $49.35 | $27.19 |
3317011 | R1011A REBUILD KIT REGAL 0.5 GPF URINAL | $49.35 | $27.19 |
3317012 | R1012A REBUILD KIT REGAL 2.4 GPF CLOSET | $49.35 | $27.19 |
3317026 | R1122A TUNE-UP KIT 3.5 GPF CLOSET | $57.25 | $31.49 |
3317027 | R1121A TUNE-UP KIT 1.6 GPF CLOSET | $57.25 | $31.49 |
3317028 | R1124A TUNE-UP KIT 1.28 GPF CLOSET | $57.25 | $31.49 |
3317029 | R1128A TUNE-UP KIT 1.5 GPF URINAL | $57.25 | $31.49 |
3317030 | R1127A TUNE-UP KIT 1.0 GPF URINAL | $57.25 | $31.49 |
3317031 | R1126A TUNE-UP KIT 0.5 GPF URINAL | $57.25 | $31.49 |
5302305 | B50A HANDLE ASM REGAL REP KIT | $5.80 | $3.19 |
3323192 | V551A VAC BRKR REP KIT (V500A/V500AA) | $5.30 | $2.99 |
Effective June 28th 2024 to February 4th 2025
DownloadTable of Contents
SLOAN Minimum Advertised Price Policy
Updated: August 11, 2023
Sloan Valve Company (“Sloan”) is a global leader in manufacturing commercial plumbing systems. Sloan is committed to maintaining the high quality brand image of our products and the Authorized Distributors and Resellers (“Distribution Partners”) who support this brand image through stocking requirements, non-OEM products, warranty information, technical administration, and investment of time and resources required to provide the high level of customer service and product knowledge our customers need and expect.
In furtherance of these commitments, Sloan has unilaterally adopted this Minimum Advertised Price Policy (this “Policy”), which applies to all Sloan Distribution Partners effective January 1, 2018.
The Minimum Advertised Price (“MAP”) is 35% off the Manufacturer’s Suggested Resale Price (“List Price”) for all Sloan products as stated in the most current published price list issued by Sloan and submitted to Distribution Partners from time to time, or item specific exceptions identified in Exhibit A, attached. Distribution Partners are not required to use prices in advertising for Sloan products, but all prices stated in such advertising must be at or above the applicable MAP price for each Sloan product.
Each Distribution Partner must inform all of its direct or indirect customers who are third-party resellers of this Policy and Sloan’s expectation that each seller throughout the chain of sale of Sloan products is expected to conform to it. Distribution Partners who sell to third parties who violate this Policy will likewise be deemed in violation of this Policy.
This Policy applies to all advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio, television), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites, marketplaces), internet placements on the website of a Distribution Partner of one of its direct or indirect customers who are third-party resellers, and any flyers, posters or coupons. Value-add promotions (e.g., rebates, taxes, free freight, giveaways) are permissible and can be advertised as long as the Sloan product is advertised at or above MAP as the only price shown for the Sloan product, and the value-add is stated separately and not used in a manner that circumvents this Policy. This Policy does not apply to oral sales discussions or negotiations with specific customers.
This Policy applies only to advertised prices, and is not in any way intended to restrict or influence actual resale prices of Sloan products. Each Sloan Distribution Partner and each of its direct or indirect customers who are third- party resellers remain free to establish for itself the prices at which to resell Sloan products.
If Sloan determines, in its sole discretion, that a Distribution Partner or one of its customers who is a third-party reseller has violated this Policy, such violators are subject to one or more of the following steps:
First Notification – Sloan will notify the Distribution Partner of the violation and allow five (5) business days to correct the violation.
Second Notification – If the violating party remains out of compliance following the First Notification, Sloan will notify the Distribution Partner of the continued violation and allow an additional five (5) business days to correct the violation. If after the additional five (5) business days the violation is not corrected, Sloan will take corrective measures that include, without limitation, loss or forfeiture of any programs or funds that may be available to that Distribution Partner.
Third Notification – If the violating party remains out of compliance following the Second Notification and any Sloan corrective measures, Sloan will notify the Distribution Partner of the continued violation and allow five (5) additional business days to correct the violation. If after the additional five (5) business days the violation is not corrected, Sloan will take corrective measures that include, without limitation, loss of access to particular Sloan products and termination of eligibility as an authorized Distribution Partner.
Sloan is adopting this Policy as its own unilateral policy. Sloan alone will implement, interpret, and enforce this Policy in its own independent judgment. Sloan will determine in its sole discretion whether a Sloan Distribution Partner is in violation of this Policy, and what corrective measures if any to take for violations and communicating such decisions.
Sloan will take these actions independently and without reference to or input from any other Distribution Partner or outside party. Sloan will not respond to communications about other Distribution Partners or their direct or indirect customers who are third-party resellers who are advertising Sloan products in violation of this Policy.
The MAP Administrator is solely responsible for and authorized to determine whether a violation has occurred, what appropriate steps shall be taken, and sending and receiving communications regarding this Policy. All inquiries and questions about this Policy should be directed to the following email address:
Other Sloan employees and sales representatives have no authority to modify or grant exemptions to this Policy, or to have communications regarding violations with any Distribution Partner or their direct or indirect customers who are third-party resellers.
This Policy is not an agreement between or among Sloan, any Distribution Partner, or any of its direct or indirect customers who are third-party resellers. This Policy is non-negotiable and will not be altered for any Distribution Partner. Sloan reserves the right to modify, suspend or cancel this Minimum Advertised Price Policy, in whole or in part, at any time and for any reason, at its sole discretion. Such changes shall apply equally to all Sloan Distribution Partners and resellers.
Exhibit A – Minimum Advertised Price Specific Exceptions
Item | Description | 2.5.23 List Price | 8.11.23 MAP |
3080153 | REGAL 110XL | $238.00 | $124.99 |
3080053 | REGAL 111XL | $238.00 | $124.99 |
3080050 | REGAL 111-1.28 XL | $238.00 | $124.99 |
3082653 | REGAL 186XL | $238.00 | $124.99 |
3082675 | REGAL 186-1 XL | $238.00 | $124.99 |
3982628 | REGAL 186-0.5 XL | $238.00 | $124.99 |
3325500 | EBV500A SINGLE FLUSH SIDE MOUNT | $366.85 | $159.00 |
0325105 | EBV89A-M SENS ASM H.OPENING-CLOSET METAL | $421.65 | $139.00 |
3301120 | A1037A-BX DUAL FLTR DIAP KT 1.5 UR BOXED | $62.80 | $34.54 |
3301121 | A1038A-BX DUAL FLTR DIAP KT 3.5 CL BOXED | $62.80 | $34.54 |
3301122 | A1041A-BX DUAL FLTR DIAP KT 1.6 CL BOXED | $62.80 | $34.54 |
3301123 | A1042A-BX DUAL FLTR DIAP KT 1.0 UR BOXED | $62.80 | $34.54 |
3301124 | A1043A-BX DUAL FLTR DIAP KT 0.5 UR BOXED | $62.80 | $34.54 |
3301125 | A1044A-BX DUAL FLTR DIAP KT 2.4 CL BOXED | $62.80 | $34.54 |
3301119 | A1045A-BX DUAL FLTR DIAP KT 1.28 CL BOXED | $62.80 | $34.54 |
3301142 | A1047A-BX DUAL FLTR DIAP KT 0.25 UR BOXED | $62.80 | $34.54 |
3301143 | A1050A-BX DUAL FLTR DIAP KT 1.25 UR BOXED | $62.80 | $34.54 |
3301150 | A1101A-BX REBUILD KT 1.6 CL EXPS BOXED | $73.85 | $40.62 |
3301151 | A1102A-BX REBUILD KT 3.5 CL EXPS BOXED | $73.85 | $40.62 |
3301152 | A1103A-BX REBUILD KT 2.4 CL EXPS BOXED | $73.85 | $40.62 |
3301157 | A1104A-BX REBUILD KT 1.28 CL EXPS BOXED | $73.85 | $40.62 |
3301153 | A1106A-BX REBUILD KT 0.5 UR EXPS BOXED | $73.85 | $40.62 |
3301154 | A1107A-BX REBUILD KT 1.0 UR EXPS BOXED | $73.85 | $40.62 |
3301155 | A1108A-BX REBUILD KT 1.5 UR EXPS BOXED | $73.85 | $40.62 |
3301166 | A1113A-BX REBUILD KT 0.25 UR EXPS BOXED | $73.85 | $40.62 |
3302003 | B51A-BX REP KIT HANDLE ASM ROYAL (BOXED) | $10.65 | $5.86 |
3323183 | V651A-BX REPAIR KIT (BOXED) | $5.50 | $3.03 |
3301036 | A36A REPAIR KIT 4.5 CLOSET | $36.00 | $18.00 |
3301037 | A37A REPAIR KIT 1.5 URINAL | $36.00 | $18.00 |
3301038 | A38A REPAIR KIT 3.5 CLOSET | $36.00 | $18.00 |
3301041 | A41A REPAIR KIT 1.6 CLOSET | $40.00 | $20.00 |
3301044 | A42A REPAIR KIT 1.0 URINAL | $40.00 | $20.00 |
3301081 | A43A REPAIR KIT 0.5 URINAL | $40.00 | $20.00 |
3301024 | A44A REPAIR KIT 2.4 CLOSET | $40.00 | $20.00 |
3301045 | A140A REPAIR KIT 1.28 CLOSET | $41.75 | $20.88 |
3317001 | R1001A REBUILD KIT REGAL 4.5 GPF CLOSET | $46.50 | $25.58 |
3317002 | R1002A REBUILD KIT REGAL 1.5 GPF URINAL | $46.50 | $25.58 |
3317003 | R1003A REBUILD KIT REGAL 3.5 GPF CLOSET | $46.50 | $25.58 |
3317004 | R1004A REBUILD KIT REGAL 1.6 GPF CLOSET | $46.50 | $25.58 |
3317005 | R1005A REBUILD KIT REGAL 1.0 GPF URINAL | $46.50 | $25.58 |
3317020 | R1006A REBUILD KIT REGAL 1.28 GPF CLOSET | $46.50 | $25.58 |
3317011 | R1011A REBUILD KIT REGAL 0.5 GPF URINAL | $46.50 | $25.58 |
3317012 | R1012A REBUILD KIT REGAL 2.4 GPF CLOSET | $46.70 | $25.69 |
5302305 | B50A HANDLE ASM REGAL REP KIT (6 PACK) | $5.50 | $3.03 |
3323192 | V551A VAC BRKR REP KIT (V500A/V500AA) | $5.00 | $2.75 |
1001500 | WES150 UNIV WATERFREE URINAL CARTRIDGE | $85.10 | $52.99 |
1001555 | WES155 32 PACK CASE INDIVIDUALLY BOXED | $2,626.45 | $1,695.68 |
3317026 | R1122A TUNE-UP KIT 3.5 GPF CLOSET | $54.00 | $29.70 |
3317027 | R1121A TUNE-UP KIT 1.6 GPF CLOSET | $54.00 | $29.70 |
3317028 | R1124A TUNE-UP KIT 1.28 GPF CLOSET | $54.00 | $29.70 |
3317029 | R1128A TUNE-UP KIT 1.5 GPF URINAL | $54.00 | $29.70 |
3317030 | R1127A TUNE-UP KIT 1.0 GPF URINAL | $54.00 | $29.70 |
3317031 | R1126A TUNE-UP KIT 0.5 GPF URINAL | $54.00 | $29.70 |
3301184 | A1121A TUNE-UP KIT 1.6 GPF CLOSET ROYAL | $81.55 | $44.85 |
3301185 | A1122A TUNE-UP KIT 3.5 GPF CLOSET ROYAL | $81.55 | $44.85 |
3301186 | A1124A TUNE-UP KIT 1.28 GPF CLOSET ROYAL | $81.55 | $44.85 |
3301187 | A1125A TUNE-UP KIT 0.125 GPF URINAL ROYAL | $81.55 | $44.85 |
3301188 | A1126A TUNE-UP KIT 0.5 GPF URINAL ROYAL | $81.55 | $44.85 |
3301189 | A1127A TUNE-UP KIT 1.0 GPF URINAL ROYAL | $81.55 | $44.85 |
3301190 | A1128A TUNE-UP KIT 1.5 GPF URINAL ROYAL | $81.55 | $44.85 |
3301191 | A1129A TUNE-UP KIT 0.25 GPF URINAL ROYAL | $81.55 | $44.85 |
eCommerce Reseller Policy - Cover Letter
Effective July 1st 2024
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July 14, 2023
Dear Valued Sloan Distributor Partner,
Sloan Valve Company, Sloan Marketplace, LLC and their affiliates (collectively, “Sloan”) are committed to protecting Sloan’s trademarks, brands, and other intellectual property from a variety of activities that could diminish the Sloan brand or cause customer confusion. As such, Sloan is announcing that effective September 1, 2023, it is implementing an eCommerce Reseller Policy for Sloan products.
This policy is intended to ensure all end user customers receive accurate product information, pricing, and warranty protection that meets Sloan’s standards. The policy is also intended to promote fair competition among resellers while supporting those who have invested in the sale and marketing of Sloan products.
This Policy will enable Sloan to act against unauthorized sellers that disrupt and cause harm to legitimate resellers and consumers. In addition, it will help to confirm that sellers of Sloan products take all required steps to ensure product quality and first-rate customer service.
Our expectations under this Policy are outlined in the eCommerce Reseller Policy, which is attached for your review.
Key Features of the eCommerce Reseller Policy:
Who You May Sell Sloan Products To, and Where You May Sell Them: Our policy protects the integrity of our approved distribution channels and prevents the diversion of Sloan products to unauthorized eCommerce sellers.
eCommerce or Online Channel Sales: The Policy outlines how you are expected to sell Sloan products online. Specifically, if you wish to sell Sloan products online through your own website you must follow Sloan’s Requirements for eCommerce Sales.
Maintaining Product Quality and Customer Satisfaction: The Policy specifies the level of service we expect sellers to provide to your customers and outlines certain steps we expect you to take to maintain the quality of Sloan products.
We are sending you this notice in advance of the September 1, 2023 effective date to allow you sufficient time to review and implement the Policy. We appreciate your detailed review of this Policy and for your support of Sloan. All inquiries and questions about this policy should be directed to the following email address: ecommerce@sloan.com.
Warranty Policy Prior to February 17, 2022
Effective July 8th 2024
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Sloan Limited Warranty on Products Purchased Prior to February 17, 2022
Choose Sloan Valve Company craftsmanship with confidence. Learn about our coverage policies.
What’s Covered?
Unless otherwise noted, Sloan Valve Company warrants its products, manufactured and sold for commercial or industrial uses, to be free from defects of material and workmanship for a period of three (3) years (one year for SF, special finish, Programmed Water Technologies “PWT” electronics, and 30 days on PWT software) from the date of first purchase. During this period, Sloan Valve Company will, at its option, repair, replace, or refund the purchase price of any product which fails to conform with this warranty under normal use and service. This shall be the sole and exclusive remedy under this warranty. Products must be returned to Sloan Valve Company, at customer’s cost. No claims will be allowed for labor, transportation or other costs. This warranty extends only to persons or organizations that purchase Sloan Valve Company’s products directly from Sloan Valve Company for purpose of resale. This warranty does not cover the life of batteries.
What Does This Warranty Not Cover?
Any damage, defect or malfunction caused by abuse, misuse, neglect, vandalism, accident, act of God (e.g., flood, fire, lightning), or other cause beyond the reasonable control of Sloan Valve Company is/are not covered by this warranty. Also, any damage, defect or malfunction resulting from faulty or improper installation of our product, insufficient plumbing water supply below minimum product operating conditions, alteration or modification of the product, use of accessories or attachments not manufactured by Sloan Valve Company, improper storage or handling of the product, failure to operate, maintain and/or repair the product in accordance with Sloan Valve Company’s instructions, or use of the product in an application other than as published in Sloan Valve Company’s technical and promotional materials, is/are not covered by this warranty.
What Are Your Responsibilities?
You are responsible for performance of all maintenance of your product recommended by Sloan Valve Company in the technical materials. If you contend that any Sloan Valve Company products are responsible for any mechanical or other problems, you must allow Sloan Valve Company the opportunity to inspect the premises and verify/diagnose the condition before you make any repairs or alterations to the product. Without limiting the other terms and conditions of this warranty, and any other defenses that Sloan Valve Company may have, you understand and agree that your failure to comply with the foregoing requirements will relieve Sloan Valve Company from any responsibility to you under this warranty.
How Do You Make a Warranty Claim?
Sloan Valve Company only permits distribution and resale of its products through authorized accounts, such as plumbing supply wholesalers and plumbing contractors. Except as otherwise may be required by applicable law, this warranty is void unless you purchased this product directly from an authorized account holder. If your product was purchased from an authorized account holder, you can initiate a claim under this warranty by either an email to techsupport@sloan.com or a call to Technical Support at 1-888-SLOAN14 (1-888-756-2614) and instructions will be provided. The customer must (a) obtain a Return Merchandise Authorization (RMA) number from Sloan Valve Company prior to returning any product, (b) include the RMA number (and proof of purchase, including identification of the authorized reseller from whom you purchased the product, unless the product was registered with Sloan Valve Company within 30 days of its purchase) and (c) be responsible for and prepay any shipping expense in connection with the return of any product to Sloan Valve Company. Any product returns, including returns for reasons other than warranty claims (e.g., the customer ordered the wrong product), are subject to Sloan Valve Company’s Return Policy which can be found on the Sloan Valve Company website
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN VALVE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, ELECTRONICS AND SOFTWARE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN VALVE COMPANY ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL SLOAN VALVE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND SLOAN VALVE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
LIMITATION OF LIABILITY
SLOAN VALVE COMPANY PROVIDES YOU INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR SLOAN PRODUCTS, ELECTRONICS AND SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE”. SLOAN VALVE COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, AND THE PRODUCT, ELECTRONICS AND SOFTWARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SLOAN VALVE COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, BUILDING, PRODUCT, ELECTRONICS, SOFTWARE, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT, ELECTRONICS AND SOFTWARE. PRODUCT INFORMATION PROVIDED BY SLOAN VALVE COMPANY IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, INFORMATION PROVIDED THROUGH THE PRODUCT INFORMATION IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE BUILDING AND ON THE PRODUCT, NOR A SUBSTITUTE FOR A MONITORING SERVICE THAT MONITORS THE LOCATIONS OF INSTALLATION OF THE PRODUCTS, ELECTRONICS AND SOFTWARE.
Your Rights and This Limited Warranty
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states, provinces or jurisdictions under certain circumstances. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
Warranty Policy After May 14, 2024
Effective July 8th 2024
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Sloan® Limited Warranty
Subject to the terms, conditions, limitations and exclusions herein, Sloan Valve Company (“Sloan”) warrants to the first end-user owner (“you” and “your”) of its products (each, a “Sloan Product”) that such Sloan Product (exclusive of Flushmate® products) will be free from defects in materials and workmanship for the applicable period set out in the table below (the “Warranty Period”), commencing on the actual date of purchase by you of such Sloan Product (the “Purchase Date”):
Warranted Product | Applicable Warranty Period | ||
Product Category/Products | Electrical | Mechanical | Special Finish and Markings |
Manual Commercial - Flushometers, shower heads | N/A | 3 years | 1 year |
Electronic Commercial - Flushometers, faucets (Excluding SF Faucet Series), accessories | 3 years | 3 years | 1 year |
SF Faucet Series | 1 year | 1 year | 1 year |
Vitreous China - water closets, urinals, lavatories | N/A | 3 years | N/A |
Sloan [1]†Xlerator®, Xlerator® ECO-EHD 500 Series | 5 years | 5 years | 1 year |
Aer-Dec® Hand Dryers | 5 years | 5 years | 1 year |
Optima Air® Hand Dryer-EHD 700 Series | 5 years | 5 years | 1 year |
Soap Dispensers – Optima® and Sloan Series | 3 years | 3 years | 1 year |
PWT™ – Controllers | 3 years | N/A | N/A |
PWT™ – MCR – 321A Series Manifold | N/A | 1 year | N/A |
PWT™ - Management Console | 30 days | N/A | N/A |
Sinks – Sloan Stone®, Stainless Steel | 3 years | 3 years | 10 years limited solid surface for molded sinks |
Sinks – Aer Dec®, Designer Series | N/A | 3 years | 10 years limited solid surface, quartz and other engineered and natural stone; 1 year limited warranty for laminates |
Custom (“make to order”) fixtures, accessories and cabinetry | N/A | 1 year | N/A |
Bottle Fillers – coolers, bottle filling stations, packaged water chillers, fountains and accessories (except as noted below) | 18 months | 18 months | 1 year for standard finish and powder-coated finish |
Bottle Fillers – Compressor and Refrigeration System (including coils or tank assembly when part of hermetically sealed system) | 5 years | 5 years | N/A |
Mirrors | 3 years | 1 year | 1 year except mirror glass warranted 15 years against silver spoilage |
The Warranty Period will automatically terminate upon its expiration irrespective of whether or when the Sloan Product has been installed and/or put to use. You should keep your dated sales receipt for proof of purchase and claims purposes. If you are unable to produce proof of your Purchase Date to Sloan’s reasonable satisfaction, the Purchase Date will be the date of manufacture per Sloan’s records (e.g., based on the date-coded serial number printed on the Sloan Product, if applicable) or such other date as reasonably determined by Sloan in its discretion.
What is covered by this Limited Warranty?
During the Warranty Period, Sloan will, at its option, repair or replace any Sloan Product or component thereof (each, a “Covered Part”), or refund the purchase price thereof, to the extent such Covered Part fails to conform with this Limited Warranty under normal use and service. Repair, replacement or refund, as elected by Sloan in its sole discretion, shall be your sole and exclusive remedy under this Limited Warranty. Unless waived by Sloan, the defective Covered Part must be returned to Sloan at your cost. If Sloan elects to replace any Covered Part, Sloan will send the replacement item to you by normal (non-expedited) shipment method of Sloan’s choosing. Replacement products and parts provided by Sloan under this Limited Warranty are warranted for the remaining portion of the original Warranty Period.
What is Not Covered by this Limited Warranty?
Any damage, defect or malfunction caused by abuse, misuse, neglect, vandalism, accident, act of God (e.g., flood, fire, lightning), or other cause beyond Sloan’s reasonable control is not covered by this Limited Warranty. Also, any damage, defect or malfunction resulting from one or more of the following is not covered by this Limited Warranty: faulty or improper repair or installation of the Sloan Product; failure to perform routine or other manufacturer-recommended maintenance of the Sloan Product and/or connected system(s); improper or deficient plumbing and/or water supply, including supply line pressures and/or water flow greater or less than those specified in Sloan’s applicable published materials (e.g., with respect to water coolers, bottle fillers, fountains or packaged water coolers, connecting to supply line pressures lower than 20 PSIG or higher than 105 PSIG); improper or deficient source of electrical power; use of a non-potable, highly-corrosive or hot/tempered water supply (except with respect to certain products such as faucets that are designed to operate in high temperatures) or, with respect to bottle filler systems, use of reverse osmosis filtration systems; alteration or modification of the Sloan Product; damage caused by liming, sand or other similar residue build-up; use of accessories, components, parts or attachments not manufactured by Sloan; failure of any fixture, device, part, accessory or product not sold or manufactured by Sloan; use of anti-freeze, chemical agents, abrasive or petroleum-based lubricants or cleaning products containing harmful substances (e.g., household bleach, ammonia, drop-in blocks or tablets, or disinfectants); exposure to harsh environmental conditions; improper storage or handling of the Sloan Product; and/or use of the Sloan Product in an application other than as published in Sloan’s Owner’s Manual or other technical and promotional materials. Batteries and other consumables such as filters, cartridges and soap are not covered by this Limited Warranty. This Limited Warranty only covers the cost of repairs performed by Sloan or its authorized service provider in the event that Sloan elects to repair (as opposed to replace) the Covered Part as its choice of remedy hereunder. This Limited Warranty does not cover, for example, repairs, whether cosmetic or structural, to walls where water coolers, bottle fillers, fountains and packaged water coolers are built into the wall. Performance of any repairs or corrective action or incurring any expense without Sloan’s written authorization is at your sole risk and expense. To the maximum extent permitted by applicable law, no claims will be allowed for labor charges, transportation (including expedited shipping) or other costs and incidentals, all of which are your sole responsibility. Furthermore, this Limited Warranty only covers the Sloan Product itself and does not cover any non-Sloan product, fixture, plumbing device, sensor, actuator, hub, network, system, infrastructure, hardware, software, part or accessory or any Sloan or non-Sloan service. This Limited Warranty is provided solely to you and is not assignable or transferable by you to anyone else. Sloan Products sold within India are covered by a separate warranty so these terms do not apply.
What Are Your Responsibilities?
You are responsible to ensure that your Sloan Product has been installed, operated and maintained in accordance with Sloan’s Installation Instructions, Repair Parts and Maintenance Guide and/or other written manuals, technical materials, instructions and/or recommendations attached to or furnished with the Sloan Product and/or posted on Sloan’s website at www.Sloan.com. For example, with respect to water coolers, bottle fillers, fountains or packaged water coolers, if inlet pressure is above 105 PSIG, a pressure regulator must be properly installed in the supply line. If you contend that any Sloan Product is not in conformance with this Limited Warranty, including any appearance imperfections or observable non-conformities, you must notify Sloan without delay and allow Sloan the opportunity to inspect the Sloan Product (and the system(s) to which the Sloan Product is attached) and verify/diagnose the condition before you make any repairs or alterations to the Sloan Product. You must not remove the serial number or label(s) from the Sloan Product. Your failure to comply with the foregoing requirements will relieve Sloan from any further responsibility to you under this Limited Warranty to the fullest extent allowed by applicable law. Additionally, Sloan strongly recommends that you use genuine Sloan replacement parts when making repairs to your Sloan Product, and that you not use replacement parts purchased from unauthorized resellers as such parts may be used, defective, counterfeit or not designed for use in your country, state, province or jurisdiction (and are not covered by this Limited Warranty); provided, however, following this recommendation is not a condition of this Limited Warranty.
How Do You Make a Warranty Claim?
Sloan only permits distribution and resale of Sloan Products through authorized resellers, such as plumbing distributors and plumbing supply wholesalers. Except as otherwise may be required by applicable law, this Limited Warranty is void unless you purchased the Sloan Product from an authorized reseller. You should initiate a claim under this Limited Warranty within 30 days of the discovery of the defect by either an email to techsupport@sloan.com or a call to Technical Support at 888.756.2614 and by following the instructions that are provided to you. You must (a) obtain a Return Merchandise Authorization (RMA) number from Sloan prior to returning any Sloan Product, (b) include the RMA number and any applicable serial number(s) for the Sloan Product (and proof of purchase, including the Purchase Date and identification of the authorized reseller from whom you purchased the Sloan Product), and (c) be responsible for and prepay any shipping expense in connection with the return of any Sloan Product. Any product returns, including returns for reasons other than warranty claims (e.g., you ordered the wrong product), should be handled in accordance with Sloan's returns policy (found at www.sloan.com) if purchased directly from Sloan or the returns policies of the authorized reseller from whom you purchased the Sloan Product if not purchased directly from Sloan.
GENERAL DISCLAIMER AND LIMITATION OF DAMAGES
THIS LIMITED WARRANTY SETS FORTH THE ENTIRE AGREEMENT BY SLOAN REGARDING ITS WARRANTY FOR YOUR SLOAN PRODUCT. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, DECLARATIONS, GUARANTEES AND CONDITIONS WITH RESPECT TO SLOAN PRODUCTS. WITH RESPECT TO IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES TO THE WARRANTY PERIODS SET FORTH ABOVE. SLOAN MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AND EXPRESSLY DISCLAIMS ANY AND ALL LOSS, LIABILITY, OR DAMAGES WITH RESPECT TO ANY SERVICE OR NON-SLOAN PRODUCT THAT MAY BE RELATED TO OR USED IN CONNECTION WITH THE SLOAN PRODUCT. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL SLOAN BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST DATA, LOST CONNECTIONS, LOST COMMUNICATIONS, LOST SALES OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY, THE SLOAN PRODUCT OR ANY SERVICE RELATED TO OR USED IN CONNECTION WITH THE SLOAN PRODUCT, EVEN IF SLOAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) SLOAN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT PAID FOR THE SLOAN PRODUCT BY YOU OR YOUR AUTHORIZED RESELLER, WHICHEVER IS LESS.
DISCLAIMERS REGARDING ELECTRONICS, SOFTWARE AND SERVICES
ALL PRODUCT INFORMATION PROVIDED TO YOU BY SLOAN REGARDING ELECTRONIC COMPONENTS AND SOFTWARE INCLUDED WITH SUCH PRODUCT OR SERVICES THAT MAY BE AVAILABLE RELATED TO OR USED IN CONNECTION WITH SUCH PRODUCT IS PROVIDED FOR YOUR CONVENIENCE, “AS IS,” AND “AS AVAILABLE.” SLOAN DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE ACCURATE, OR RELIABLE. YOU USE ALL SUCH PRODUCT INFORMATION, INCLUDING ANY ELECTRONICS, SOFTWARE AND SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SLOAN DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, BUILDING, PRODUCT, ELECTRONICS, SOFTWARE, COMPUTER, HARDWARE, INFRASTRUCTURE, NETWORK, SYSTEMS, MOBILE DEVICE, AND ALL OTHER ITEMS RESULTING FROM YOUR USE OF SUCH PRODUCT INFORMATION. PRODUCT INFORMATION PROVIDED BY SLOAN IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, THE SLOAN PRODUCT INFORMATION IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE BUILDING AND ON THE PRODUCT, NOR A SUBSTITUTE FOR A MONITORING OR OTHER SERVICE THAT MONITORS, ACCESSES, LOGS OR RECORDS THE LOCATIONS AND INSTALLATIONS OF THE SLOAN PRODUCTS, ELECTRONICS, SOFTWARE AND SERVICES.
Your Legal Rights Under This Limited Warranty and Applicable Law
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by country, state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain countries, states, provinces or jurisdictions under certain circumstances. For example, some states in the U.S. do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so any such limitations or exclusions may not apply to you. The terms of this Limited Warranty will apply only to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a consumer advisory service or legal counsel of your choosing. Any provision of this Limited Warranty that has been determined to be invalid or unenforceable by a competent arbitrator, court or legal authority may be replaced and substituted by such arbitrator, court or legal authority with an alternative provision that achieves the intent and purpose of the original provision to the maximum extent permissible under applicable law.
Procedure for Resolving Disputes
DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER NOTICE: THIS LIMITED WARRANTY REQUIRES YOU AND SLOAN TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. SPECIFICALLY, ALL DISPUTES BETWEEN YOU AND SLOAN ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE SLOAN PRODUCT OR COVERED PARTS SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND SLOAN ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION. You understand that you would have had a right to litigate disputes through a court, and that you have expressly and knowingly waived that right and agreed to resolve any dispute arising out of this limited warranty through binding arbitration.
The arbitration will be administered by JAMS and will be governed by the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted at mutually agreeable location convenient to you and Sloan, will be conducted before a single neutral arbitrator, and will be limited solely to the dispute between you and Sloan arising out of this limited warranty. You will have a reasonable opportunity to participate in the process of choosing the arbitrator. If you initiate the arbitration, you will be required to pay for costs of arbitration up to $250.00. Sloan will be responsible for paying all other costs of arbitration (including the arbitrator’s professional fees), unless the arbitrator determines that your claim was frivolous. If Sloan initiates the arbitration against you, Sloan will be responsible for all costs of arbitration. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a concise statement of the essential findings and conclusions on which the award was based. Should either party bring a dispute in an arbitration forum other than JAMS, the court or arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this arbitration provision. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
PLEASE NOTE THAT IF YOU WISH TO OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE, YOU MUST PROVIDE AN OPT-OUT NOTICE TO SLOAN NO LATER THAN 30 CALENDAR DAYS AFTER THE PURCHASE DATE.
If any portion of this dispute resolution clause is determined by a court of competent jurisdiction or arbitrator to be invalid or unenforceable based upon any rule of law or public policy, all other terms, provisions and conditions of this dispute resolution clause shall nevertheless remain in full force and effect. Specifically, you and Sloan each waive the right to any jury trial should this matter be ordered to proceed in court.
† XLERATOR® is a registered trademark of Excel Dryer, Inc. ↑
TERMS OF SERVICE
Effective July 15th 2024
DownloadTable of Contents
SLOAN MARKETPLACE
TERMS OF SERVICE
SC ArgusTM Software-as-a-Service
Effective Date: March 22, 2023
Sloan Marketplace LLC (collectively "Sloan Marketplace") is willing to provide to commercial, government and higher-education building owners, landlords and tenants, including building facility and sustainability managers and various building service agencies who are hired by the property owner, landlord or tenant (each an “End User Customer”) certain subscription services related to water usage and control in commercial, government and higher-education building facilities (the “Subscription Service(s)”) that utilize Sloan Marketplace IOT enabled products (the “Product(s)”) for use in one or more building facilities in accordance with and subject to acceptance of these Terms of Service, as amended from time to time by Sloan Marketplace (these “Terms”). Using the browser on your computer, tablet or mobile device, the Subscription Services may be accessed by logging in to the https://www.Sloan.com web site (the “Sloan Marketplace Web Site”), through the special portal located at https://sloan.sc-argus.com/SignIn (the “Portal”) or by accessing the data and data analytics provided through the Sloan Marketplace Application Programming Interface (API) through your own network.
The Subscription Services are only compatible with Sloan Marketplace Products previously purchased from one of our approved sales representatives or distributors. These Products must also be already installed at one or more of your building facilities. These Terms, together with your registration for the Subscription Services, and the policies and documents identified below, including but not limited to the Sloan Marketplace Privacy Policy, as amended from time to time (“Privacy Policy”), the Sloan Marketplace End-User License Agreement, as amended from time to time (“EULA”) for Product Software, and the Sloan Marketplace API Use Agreement, as amended from time to time, if you are intending to access the Subscription Services through your own network, comprise the entire Agreement between you and Sloan Marketplace with respect to its subject matter (this “Agreement”). No contrary or additional terms contained in any order (including any purchase order) shall be part of this Agreement or otherwise be made binding on Sloan Marketplace. Any provision for the on-site installation and/or technical support for the Products, including the use of one or more Sloan Marketplace mobile phone apps for obtaining Product installation support, information about Product signal strength and Product location in any given facility are reflected by their own respective agreements which are not made a part of this Agreement.
BY CLICKING THE “ACCEPT” BUTTON DURING ACCOUNT SETUP, YOU ARE CONCLUDING A LEGAL BINDING AGREEMENT WITH SLOAN MARKETPLACE. IF YOU CLICK THE “DECLINE” BUTTON DURING ACCOUNT SETUP YOU WILL NOT BE PROVIDED ACCESS TO THE SUBSCRIPTION SERVICES. IF AN APPROVED SLOAN MARKETPLACE PRODUCT HAS BEEN INSTALLED AT ONE OR MORE BUILDING FACILITIES AND YOU WOULD LIKE TO RECEIVE THE SUBSCRIPTION SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AGREE TO BE BOUND BY ALL OF ITS TERMS, AND CONSENT TO THE USE OF ELECTRONIC SIGNATURES. IF YOU CREATE AN ACCOUNT AS AN END USER CUSTOMER AND REGISTER TO USE THE SUBSCRIPTION SERVICES, OR LOG IN OR ARE OTHERWISE PERMITTED ACCESS TO THE SUBSCRIPTION SERVICES, YOU ARE DEEMED AN AUTHORIZED USER FOR PURPOSES OF THESE TERMS (AS FURTHER DEFINED BELOW). PLEASE READ THESE TERMS CAREFULLY AS THEY ALSO REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
If the individual indicating assent to this Agreement is doing so on behalf of an organization, all references to "you" or "your" in these Terms shall mean the legal entity represented by such individual. (Without limiting the generality of the foregoing, the term “you” shall also have the more specific meanings set forth below.) Such individual represents and warrants that he or she is fully authorized to enter into this Agreement on behalf of the individual’s organization.
Only an End User Customer of a building may subscribe to the Subscription Services for any building facility or group of facilities located in the building by creating an Account with Sloan Marketplace in accordance with Section 2(a) below (an “Authorized User”). You are also an “Authorized User” if the End User Customer has authorized you to use the Products installed at a building and you register as a user by providing the information required for Authorized Users. In all cases, these Terms govern your access to and use of the Subscription Services.
As an Authorized User, you represent and warrant that you either own, lease, rent or have the authority to manage or control the building facility or group of facilities on which the Products have been installed. Sloan Marketplace is willing to provide the Subscription Services to you only upon the condition that you accept all of the Terms. If you breach any provision in these Terms, you must disconnect your Products from your Account and cease accessing or using the Subscription Services.
These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable federal, local, state/city law, ordinance, rule, code, policy or regulation (collectively “Law”). Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
AS DESCRIBED IN SECTION 3(b), BELOW, YOU ARE CONSENTING TO THE RECEIPT OF AUTOMATIC OVER THE AIR (OTA) SOFTWARE UPDATES FOR THE SUBSCRIPTION SERVICES AND ALSO FOR THE PRODUCTS CONNECTED TO THE SUBSCRIPTION SERVICES. SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SUBSCRIPTION SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, YOU MAY NOT USE THE SUBSCRIPTION SERVICES.
Sloan Marketplace also reserves the right to make unilateral changes to these Terms at any time, so please review them often. We will post on the Portal and/or Sloan Marketplace Web Site, including at Terms of Service, notices that these Terms have been modified. The changes will be effective immediately upon the posting of the revised Terms or as otherwise specified in the notice. You should therefore ensure that you have read and agree with our most recent Terms whenever you use the Subscription Services. By continuing to use the Subscription Services after we post revised Terms, you are agreeing to be bound by the revised Terms.
- Overview, Eligibility, Customer Service
- Overview of Terms and Relation to Other Agreements. These Terms apply to all Subscription Services for the Products procured or otherwise received from Sloan Marketplace. The software embedded in each Product (and any updates thereto) (“Product Software”) is licensed and governed by the EULA. Certain features of the Subscription Services may be subject to additional guidelines, terms, policies, or rules, which will be posted on the Portal or the Sloan Marketplace Web Site in connection with such features. All additional guidelines, terms, policies, and rules, including the Sloan Marketplace Privacy Policy, are incorporated by reference into these Terms as part of the Agreement, and you are agreeing to accept and abide by them when you subscribe to the Subscription Services, register your Account, use or permit other Authorized Users to use the Subscription Services.
- Eligibility. Only individuals age 18+ who can form a binding contract with Sloan Marketplace are permitted to subscribe to or register for Subscription Services or be an Authorized User. The Subscription Services are not available to any person previously prohibited by Sloan Marketplace from using other Sloan Marketplace services or products. You may not use the Subscription Service if your use of the service would violate any Law, including, without limitation, any applicable export control law or regulation.
- Customer Service. If you have any questions or concerns regarding the Subscription Services, or these Terms, please contact Sloan Marketplace by email at customer.service@sloanmarketplace.com, or by phone at 800-982-5839.
- Accounts
- Your Account. To use the Subscription Services as an Authorized User, you must first register for a user account on the Portal or Sloan Marketplace Web Site (“Account”), provide certain basic identifying and contact information about yourself, including the addresses of the building(s) and facilities or group of facilities in those buildings where the Products are installed, as required in the registration form, and agree to these Terms. As part of the registration process, each Account must identify an administrative username and password for the Account. Each Authorized User provides a unique username and password. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will promptly update such information to maintain its accuracy. The type of Account you have or may use, and the Subscription Services to which you are entitled, may depend on the type of user you are, the type of subscription you have purchased and/or the number of Products that are included in the Account.
- Account Security. As between you and Sloan Marketplace, you are solely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. Sloan Marketplace reserves the right to refuse registration of or cancel passwords it deems inappropriate. You agree to immediately notify Sloan Marketplace of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Sloan Marketplace is not liable for any loss or damage arising from your failure to comply with the above requirements or any other unauthorized use.
- Users. As an End User Customer, you may authorize others to use the Account by registering as an Authorized User in accordance with Section 2(a) and agree to these Terms. Depending on the type of Account, Authorized Users may have the ability to use the Subscription Services to remote monitor and control the Products, receive various notifications and alarms, and to view and download in a CSV file and/or Excel spreadsheet various Product Data, as defined in Section 6(c), including possibly certain other information that is not specific to the Products such as information about building occupancy. Others may have the ability to access, view and download such information and content but not remote control or otherwise transmit commands to the Products. Authorized Users are responsible for their own actions in connection with the Products and Subscription Services, but you agree to be fully responsible vis-à-vis Sloan Marketplace for all actions taken by your Authorized Users relating to the Products, the Subscription Services and the Account. If you invite or enable an Authorized User, you acknowledge and agree that such Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use the Subscription Services in conjunction with the Products as set out above. As a result, you should authorize only those individuals that you trust to access your Account and Subscription Services.
- Access to Subscription Services
- Access and Use. Subject and pursuant to these Terms, including the payment of the applicable subscription fees, Sloan Marketplace grants to you a non-transferable, non-exclusive, revocable, limited right (without the right to sublicense except only as expressly stated in these Terms) to access and use the Subscription Services by using the Portal, the Sloan Marketplace Web Site or through your own network, in connection with, and solely for the purpose of, controlling and monitoring the Products you own or are authorized to control and monitor, or otherwise accessing the Subscription Service expressly provided by Sloan Marketplace for your use (the “Permitted Purpose”).
- Automatic Software Updates. Sloan Marketplace may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Subscription Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Subscription Services in conjunction with the Products. If you use the Subscription Services, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Subscription Services and the Products and you agree to promptly install any non-automatic Updates that Sloan Marketplace may provide. Nothing contained herein shall be deemed to create an obligation on Sloan Marketplace to provide any Updates or new features, or to continue to provide or enable any particular features or functionality. Your continued use of the Subscription Services and the Products is your agreement: (i) to these Terms with respect to the updated Subscription Services, and (ii) to the EULA which will continue to apply to any updated Product Software. For purposes of this Agreement, all Updates shall be deemed to be included within and a part of the Subscription Services.
- Interface to Third Party Products and Services. From time to time, Sloan Marketplace may provide the opportunity for you to interface with one or more third-party products and services through and using the Subscription Services (“Third-Party Products and Services”). In some cases, you decide whether and with which Third Party Products and Services you want to interface. Your explicit consent and authorization is required for this interface, and is revocable by you at any time. Once your consent is given for a particular Third-Party Product and Service, you agree that Sloan Marketplace may exchange information and data regarding you and/or your Products, including possibly your Personal Data, in order to enable the interface you have authorized. Once this information is shared with the Third-Party Product and Service, its use will be governed by the third party’s privacy policy and not by Sloan Marketplace’ Privacy Policy or documentation. You acknowledge and agree that Sloan Marketplace makes no representation or warranty about the safety of any Third-Party Products and Services, and that, with respect to Sloan Marketplace, your use of the Third-Party Products and Services is “AS IS” and at your sole risk. You acknowledge and agree that Sloan Marketplace makes no representation or warranty about the operation, reliability, or safety of the Third-Party Products and Services. Accordingly, Sloan Marketplace is not responsible for your use of the Third-Party Product and Services or any personal injury, death, property damage (including, without limitation, to your property), or other harm or losses arising from or relating to your use of the Third-Party Products and Services. You should contact the third party with any questions about their Third-Party Products and Services.
- Content. Certain materials may be displayed or performed on the Portal or on the Sloan Marketplace Web Site relevant to the Subscription Services including, but not limited to, FAQs, installation documentation, spec sheets, text, graphics, articles, photographs, video, images, illustrations and other product and/or service related documentation (collectively, “Content”). You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Subscription Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Sloan Marketplace reserves the right to remove any Content from the Subscription Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence) or for no reason at all.
- User Submissions. The Content may include information that you provide us in the course of using the Subscription Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Subscription Services. For example, the Subscription Service may allow you to upload, post, or otherwise share with us photographic content. You are solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate to us using or in connection with the Subscription Services, or that you contribute in any manner to the Subscription Services; you represent and warrant that you have all rights necessary to do so, in the way you contribute it. You hereby grant to Sloan Marketplace an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide, and transferable license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Submissions, including all associated IP, and to grant sublicenses of the foregoing rights, for the purposes of including your User Submissions on the Subscription Services, and otherwise in connection with the Subscription Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. For clarity, the foregoing license grant to Sloan Marketplace does not affect your ownership of or right to grant additional (other than exclusive) licenses to the material in your User Submissions, unless otherwise agreed in writing.
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions. You agree not to: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Subscription Services or otherwise use the Subscription Services for any purpose other than the Permitted Purpose; (ii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Products or the Subscription Services; (iii) access the Products and Subscription Services in order to build a similar or competitive service; (iv) use any Product or Subscription Service in a service bureau or time sharing environment; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, Product Data (defined in Section 6(c), below), the Subscription Services, any Product, the Product Software, or any other system, device or property; (vi) interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Subscription Services or violate the regulations, policies, or procedures of such networks; (vii) access (or attempt to access) any of the Subscription Services by means other than through the Sloan Marketplace Web Site, the Portal or interface that is provided by Sloan Marketplace or its vendors; or (viii) remove, obscure or alter any proprietary rights notices or legends (including copyrights and trademark notices and confidentiality legends) which may be contained in or displayed in connection with the Products or Subscription Services. Except as otherwise expressly stated herein, no part of the Product, Product Data or Subscription Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Subscription Services shall be subject to these Terms.
- Personal Data. For purposes of this Agreement, “Data Subject” means an individual who (1) uses the Products or Subscription Services provided by Sloan Marketplace and/or (2) about which information is collected or generated as a part of the Products or Subscription Services; and “Personal Data,” in respect of each Data Subject means any information relating to an identified or identifiable natural person; and an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, geographic, cultural or social identity of that natural person. Such information (such as your name, email address and phone number) is collected from you when you open an Account for the Subscription Services, but data generated by the Products used in conjunction with use of the Subscription Services will not include any Personal Data but only aggregated anonymized data reflecting information about various water related matters such as water usage rates for the facilities or group of facilities at issue, number of times a particular Product has been used, the applicable water temperature, the battery life of any particular Product, and other Product Data.
- Privacy. Please review the Sloan Marketplace Privacy Policy which describes the practices regarding the information that Sloan Marketplace may collect from users of the Subscription Services, including any Content or User Submissions.
- Security. Sloan Marketplace cares about the integrity and security of your Personal Data and Product Data. Sloan Marketplace, however, does not represent, warrant, guaranty or covenant that no unauthorized third parties will defeat our security measures or use your Personal Data or the Product Data for improper purposes. You acknowledge that your Personal Data and the Product Data are being provided or may be accessed at your own risk.
- Modification. Sloan Marketplace reserves the right, at any time, to modify, suspend, or discontinue the Subscription Services or any part thereof with or without notice. You agree that Sloan Marketplace will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services or any part thereof.
- Access Outside Certain Countries. Although the Sloan Marketplace Web Site and Portal may be accessible through the internet throughout the world, the Subscription Services provided or accessed through the Sloan Marketplace Web Site or Portal are not available to all persons or in all countries but only those located in the United States. Some or all of the features of the Sloan Marketplace Web Site or Portal may not work or be appropriate for use in other countries. If you choose to access the Sloan Marketplace Web Site or Portal from outside the United States, you do so on your own initiative and you are solely responsible for complying with all applicable Laws in such country, and you agree to defend, indemnify and hold harmless Sloan Marketplace from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) (collectively, “Claims”) arising from or relating to any breach by you of this Section. To the extent permissible by law, Sloan Marketplace accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sloan Marketplace Web Site or Portal, Products or Subscription Services outside the United States. In any event, you will be bound by these Terms wherever you access or use the Subscription Services through the Sloan Marketplace Web Site or Portal.
- Agreed Usage and Limitations of Sloan Marketplace Services
- System Requirements. The Subscription Services will not be accessible without: (i) an approved communication bridge located at the property that is positioned to wirelessly communicate reliably with the Products; (ii) an Account for any such Products; (iii) a supported computer, phone or tablet (required for some functionality); (iv) always-on wireless access at the property with bandwidth sufficient to support the Products you use; and (v) other system or network elements and requirements that may be specified by Sloan Marketplace, including on either the Portal or on the Sloan Marketplace Web Site. While the approved communication bridge may be purchased through Sloan Marketplace, it is your responsibility to ensure that you have all required system or network elements and that they are compatible and properly configured. You acknowledge that the Subscription Services may not work as described when the requirements and compatibility have not been met.
- Intended Use of Sloan Marketplace Subscription Services. The Subscription Services are intended to be accessed and used for non-time-critical information and remote management and control of Sloan Marketplace Products. While we aim for the Subscription Services to be highly reliable and available, the Subscription Services may be subject to sporadic interruptions and failures for a variety of reasons beyond Sloan Marketplace’s control, including wireless or wired Ethernet intermittency, service provider uptime, downtime of your network, among others. You acknowledge these limitations and agree that Sloan Marketplace is not responsible for any damages allegedly caused by the failure or delay of the Subscription Services.
- No Life-Safety or Critical Uses of the Subscription Services. You acknowledge and agree that the Products and Subscription Services, whether standing alone or when interfaced with third party products or services are not certified for emergency response. Sloan Marketplace makes no warranty or representation that use of the Products or Subscription Services with any third-party product or service will affect or increase any level of safety or limit damages to your property. YOU UNDERSTAND THAT THE PRODUCTS AND SUBSCRIPTION SERVICES, WHETHER STANDING ALONE OR WHEN INTERFACED WITH THIRD PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. SLOAN MARKETPLACE WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR PROPERTY IN THE EVENT OF AN EMERGENCY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SLOAN MARKETPLACE IS NOT LIABLE FOR ANY DAMAGES TO YOUR PROPERTY, ITS CONTENTS OR ANY PERSONS OR PERSONAL PROPERTY. In addition, the Sloan Marketplace customer care and support contacts cannot be considered a lifesaving solution for people at risk in the property, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services. You expressly acknowledge and agree that Sloan Marketplace is not liable for your, or any third party or emergency responders’ actions or failure to act in response to information acquired from the Products or Subscription Services. You acknowledge that it is your responsibility to educate yourself about how to respond to an emergency and the information provided by the Products and Subscription Services, and to respond according to the specifics of your situation.
- Reliability of Notifications and Commands. You acknowledge that the Subscription Services, including remote access notifications and commands, are not intended to be 100% reliable or 100% available. We cannot and do not guarantee that you will receive notifications or alarms in any given time or at all or that all your commands will be properly transmitted to or carried out by the Products that are intended to receive those commands. YOU AGREE THAT YOU WILL NOT RELY ON THE SUBSCRIPTION SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES OR PROTECTION OF PROPERTY. NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR SLOAN MARKETPLACE PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by Sloan Marketplace on what to do in an emergency is based on authoritative safety sources, but there is no way for Sloan Marketplace to provide specific information relating to a situation in your property or elsewhere.
- Temporary Suspension. The Subscription Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Sloan Marketplace does not offer any specific uptime guarantee or service level agreement for the Subscription Services.
- Water Savings and other Benefits. Unless explicitly promising a “guarantee,” Sloan Marketplace does not guarantee or promise any specific level of water savings, accuracy or completeness of water related data or other Product Data, insurance discounts, rebates, or other monetary benefit from the use of the Products or Subscription Services or any feature of them. Actual water savings, water usage and monetary benefits vary with factors beyond Sloan Marketplace’s control or knowledge. From time to time, Sloan Marketplace may use the Subscription Services to provide you with information that is unique to you and/or your water usage and suggests an opportunity to save money if you adopt suggestions or features of the Product or Subscription Services. We do this to highlight an opportunity based on our analysis and information about you and your facilities. You acknowledge that these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Sloan Marketplace if your savings or water management expectations differ. You acknowledge that use of the Products or Subscription Services or any feature of them will not provide any monetary or other benefit to you. You expressly acknowledge and agree that use of the Products or Subscription Services or any feature of them is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
- Product Data Analytics. The Subscription Services provide you Content and other analytical information and reports which may also be customized for you regarding the Products and use of water in your facilities or group of facilities and if applicable, their connection with other products and services. All data analytics and Product Data are provided “AS IS” and “AS AVAILABLE”. We cannot guarantee that they are correct, complete or up to date. In cases where it is critical, accessing Product Data through the Subscription Services is not a substitute for direct access of the information at the property or facility. You expressly acknowledge that Sloan Marketplace is not liable for your or any other third party’s response, or lack thereof, to the Product Data or lack thereof.
- Your Warranty Regarding Your Content and Use of the Subscription Services. You warrant, represent and agree that you will not contribute any Content or otherwise use the Subscription Services or Product Data in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, code, policy or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Sloan Marketplace; (v) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Sloan Marketplace Account or anyone else’s Account (such as allowing someone else to log in to the Subscription Services as you); (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs any form of auto-responder or “spam” on the Subscription Services, or any processes that otherwise interferes with the proper working of the Subscription Services (including by placing an unreasonable load on the Subscription Services’ infrastructure); (x) copies or stores any significant portion of the Content; (xi) exceeds the scope of the Section 3(a) Permitted Purpose or restrictions under Section 3(f); or (xii) decompiles, reverse engineers, misappropriates, uses (except as expressly authorized by these Terms), reproduces, distributes, displays or makes derivative works of any source code, underlying idea, design, brand or “look and feel” that is associated with the Product Data or Subscription Services.
- Responsibility for Content. All information publicly posted or privately transmitted through the Subscription Services is the sole responsibility of the individual from which (or from whose account) such Content originated and Sloan Marketplace will not be liable for any errors or omissions in any Content. Sloan Marketplace cannot guarantee the identity of any other users with whom you may interact using the Subscription Services. Additionally, we cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by you using the Subscription Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you or others may interpret and use the Content or what actions you or others may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Subscription Services.
- Data Protection, Privacy and Other Laws. Data protection, privacy and other laws, ordinances, regulations, codes and building management policies where you or your property resides may impose certain responsibilities, restrictions and limitations on you and your use of the Products and Subscription Services. You agree that you (and not Sloan Marketplace) are responsible for ensuring that you comply with any applicable Law when you use the Products and Subscription Services.
- Limitations of Sloan Marketplace Subscription Services Due to Third Parties
- General. Sloan Marketplace Services may rely on or interoperate with third party products and services. These third-party products and services are beyond Sloan Marketplace’s control, but their operation may impact or be impacted by the use and reliability of the Sloan Marketplace Subscription Services. You acknowledge and agree that: (i) the use and availability of the Subscription Services may be dependent on third party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Sloan Marketplace Subscription Services operate, and (iii) Sloan Marketplace is not responsible for damages and losses due to the operation or non-operation of these third party products and services.
- Third Party Service Providers Used By Sloan Marketplace. You acknowledge that Sloan Marketplace uses third party service providers to enable some aspects of the Subscription Services – such as, for example, data storage, synchronization, and communication through third party platforms, and notifications and commands transmitted through operating system vendors and carriers. YOU AGREE NOT TO RELY ON THE SUBSCRIPTION SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.
- Equipment, ISP, and Carrier. You acknowledge that the availability of the Subscription Services may be dependent on: (i) your computer, your network, your mobile device, property wiring, your wireless network, or other local communication protocol connection, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for your Equipment meeting the specifications necessary for the Subscription Services and for properly maintaining your Equipment, and for maintaining the services provided by your ISP and Carrier and paying all fees charged by your ISP and Carrier needed for you to use the Subscription Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.
- Third Party Website Links and Referrals. The Portal may contain links to other sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not under our control. Sloan Marketplace provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites or Referred Vendors. Your use of these Third-Party Sites or Referred Vendors is at your own risk.
- Authorized Users. Sloan Marketplace is not responsible for any Authorized User’s behavior, or for any personal injury, death, property damage (including, without limitation, to your property), or other harm or losses arising from or relating to their use of the Subscription Services.
- Release Regarding Third Parties. Sloan Marketplace is not responsible for third parties or their products and services, including, without limitation, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Sloan Marketplace hereby disclaims and you hereby discharge, waive and release Sloan Marketplace and its licensors, vendors and suppliers from any past, present, and future Claims, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
- Ownership; Intellectual Property and Confidentiality
- Sloan Marketplace Property. You acknowledge and agree that, as between you and Sloan Marketplace, all intellectual property rights, including without limitation copyrights, patent rights, trademark rights, and trade secrets (collectively, “IP”), in the Product, Product Software, Product Data, Sloan Marketplace Content and Subscription Services are owned by Sloan Marketplace or our licensors. Your possession, access, and use of the Product, Product Software, Product Data, Sloan Marketplace Content and Subscription Services do not transfer to you or any third party any rights, title, or interest in or to such IP. Sloan Marketplace and its licensors and suppliers reserve all rights not granted in these Terms. The Subscription Services are licensed to you, not sold, under these Terms. Except for the limited license and use rights granted hereunder, you agree not to assert any right, title, or interest in or to the Section 6(c) Product Data, Product Software, Sloan Marketplace Content or Subscription Services provided by Sloan Marketplace hereunder, or any other Sloan Marketplace IP.
You may download the Section 6(c) Product Data on to your own computer for your own personal or internal business use and solely for the Permitted Purpose but under no circumstances are you to share the Product Data with others or otherwise copy or take screen shots of the Product Data or displays that appear on your dashboard. You may not use the content of the Subscription Services in any other public or commercial way nor may you copy or incorporate any of the content of the Subscription Services into any other work, including your own web site without the written consent of Sloan Marketplace, which it may withhold in its discretion. You must have a written license from us before you can post or redistribute any portion of the Product or the Subscription Services. Other than with respect to User Submissions, Sloan Marketplace retains full and complete title to all content on the Subscription Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Subscription Services or any content therein.
b. Feedback. You may choose, and Sloan Marketplace may invite you, to submit comments, suggestions, or ideas about the Products, Product Data or Subscription Services, including how to improve the Products, Product Data or Subscription Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Sloan Marketplace under any fiduciary or other obligation. Sloan Marketplace may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Sloan Marketplace does not waive any rights to use similar or related ideas previously known to Sloan Marketplace, developed by its employees, or obtained from other sources.
You agree to defend, indemnify and hold harmless Sloan Marketplace and its and their officers, directors, shareholders, employees, representatives, agents, contractors, licensors, suppliers, successors and assigns from any and all Claims due to, in whole or in part, or arising out of: (i) your use or any of your Authorized User’s use of any Products, Product Data, Sloan Marketplace Content or Subscription Services, (ii) your or your Authorized Users’ violation of these Terms, (iii) any User Submission or Feedback; or (iv) your or your Authorized Users’ violation of any Law or the rights of any third party. Sloan Marketplace reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to defend and indemnify Sloan Marketplace and you agree to cooperate with our defense of such Claims. You agree not to settle any such Claim without Sloan Marketplace’ prior written consent. Sloan Marketplace will use reasonable efforts to notify you of any such Claim upon becoming aware of it.
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable Law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SLOAN MARKETPLACE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR LOST PROFITS, OR PROPERTY DAMAGE OR LOSS OF USE OF PROPERTY, ARISING FROM OR RELATING TO THE SUBSCRIPTION SERVICES, PRODUCT DATA OR THE PRODUCTS, EVEN IF SLOAN MARKETPLACE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SLOAN MARKETPLACE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SUBSCRIPTION SERVICES, PRODUCT DATA AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES OR PRICES ACTUALLY PAID BY YOU TO SLOAN MARKETPLACE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR THE PRODUCT OR SUBSCRIPTION SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SLOAN MARKETPLACE SHALL HAVE NO LIABILITY OF ANY KIND FOR ITS LICENSORS, VENDORS OR SUPPLIERS. UNDER NO CIRCUMSTANCES WILL SLOAN MARKETPLACE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUBSCRIPTION SERVICES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SUBSCRIPTION SERVICE AND PRODUCTS USED IN CONJUNCTION WITH THE SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The term of this Agreement shall be effective upon the earlier of the date you indicate assent to the terms and conditions of this Agreement through a digital signature process and shall continue so long as you continue to abide by the terms and conditions of the Agreement. Sloan Marketplace hereby reserves the right to terminate the Agreement and any rights provided hereunder, upon ten (10) day notice and failure to cure your breach of any of the terms contained in the Agreement. Upon termination of the Agreement, and except to the extent specified herein, (i) all fees due to Sloan Marketplace shall be immediately due and paid, and (ii) all of your rights to access and use any of Subscription Services provided hereunder shall immediately terminate without right of refund. Provisions herein which by their context and content are intended to survive termination or expiration hereof shall so survive, including Sections 1(a), 3(c)-(k), 4, 5, 6, 7, 8, 9, 11, 12, 13, 14 and 15 in these Terms.
These Terms will remain in full force and effect so long as you continue to access or use the Subscription Services for which the applicable Subscription Service Fees have been paid, or until terminated in accordance with the provisions of these Terms, whichever is earlier. At any time, Sloan Marketplace may (i) suspend or terminate your rights to access or use the Subscription Services, or (ii) terminate the Subscription Services with respect to you if Sloan Marketplace in good faith believes that you have used the Subscription Services in violation of these Terms, including any incorporated guidelines, terms, policies or rules, or the applicable Subscription Service Fees have not been paid. If you transfer a Product to a new owner, your right to use the Subscription Services with respect to that Product automatically terminates, and the new owner of the Product will have no right to use the Product with the Subscription Services under your Account. Any new Product owner will need to register for a separate Account with Sloan Marketplace and Sloan Marketplace reserves the right in its sole discretion to refuse access to the Subscription Services to any new owner or user. Upon termination of these Terms, your Account and your right to use the Subscription Services automatically terminates.
On request by Sloan Marketplace, the End User Customer shall provide to Sloan Marketplace certification of the foregoing, as applicable to the End User Customer.
PLEASE READ THIS SECTION CAREFULLY.
Copyright Agent. Sloan Marketplace’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Manager – Attention Legal, 10500 Seymour Ave, Franklin Park, Illinois 60131, or compliance@sloan.com. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Sloan Marketplace customer service through Customer.service@SloanMarketplace.com. You acknowledge that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.
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California Consumer Privacy Act (CCPA) Addendum
Unless otherwise defined by the Terms of Service, all capitalized terms contained in this Addendum shall have their meanings as set forth in the CCPA.
Applicability. This CCPA Addendum shall only apply if the End User Customer or its Authorized Users are deemed to be California Consumer(s) under the CCPA and this Addendum shall only apply to the Personal Information of California Consumers whose information may be processed by Sloan Marketplace under the Terms of Service.
Relations of the Parties. To the extent that the End User Customer or its Authorized Users are California Consumers and they provide any Personal Information to Sloan Marketplace in connection with these Terms of Service (hereinafter a “California Customer”), the California Customer hereby appoints Sloan Marketplace as its Service Provider for processing such Personal Information under the Terms of Service. The California Customer is solely responsible for establishing policies for, and ensuring its own compliance with, the CCPA and its implementing regulations as they relate to its use of such Personal Information.
Restrictions on Processing. Sloan Marketplace acknowledges that it shall not collect, retain, use, disclose, share or sell the Personal Information for any purpose(s) other than for the purpose(s) that are necessary to support the Terms of Service or as otherwise permitted by the CCPA and Sloan Marketplace’s processing of such Personal Information shall be in accordance with the terms of the Sloan Marketplace Privacy Policy.
Consumer Requests. The parties shall cooperate with one another to handle any legitimate request to access or delete Personal Information submitted by a California Customer. Each party will provide reasonable assistance to the other in facilitating compliance with such requests. After a California Customer’s request to delete has been verified by either party, each party shall delete the Personal Information from their respective databases within a commercially reasonable period of time or as otherwise required by the CCPA. A party shall not be required to delete any of the Personal Information in response to a California Customer’s request to delete made to a party if it is necessary for that party to maintain such information in accordance with the CCPA. Under such circumstances, each party shall promptly inform the other of the exception(s) being relied upon under the CCPA to deny the California Customer’s request to delete and each party shall only use the retained Personal Information in accordance with the applicable CCPA legal exception(s).
END USER LICENSE AGREEMENT
Effective July 15th 2024
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SLOAN MARKETPLACE
END USER LICENSE AGREEMENT
SC ArgusTM Software
Effective date: March 22, 2023
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “ACCEPT” BUTTON DURING ACCOUNT SETUP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “DECLINE” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE AUTHORIZED TO ACTIVATE OR USE THE SLOAN MARKETPLACE IOT PRODUCTS FOR USE WITH THE SLOAN MARKETPLACE SUBSCRIPTION SERVICES THAT PROVIDE REMOTE MONITORING AND CONTROL OF SLOAN MARKETPLACE PRODUCTS.
This Sloan Marketplace IOT Product Software End User License Agreement (“EULA”) is a legal agreement between you and Sloan Marketplace LLC ( “Sloan Marketplace”) for use of embedded product software, owned or licensed by Sloan Marketplace, which may also include firmware, application Product Software, documentation, interfaces, associated device data and updates involving Sloan Marketplace Products installed at commercial, government and higher-education facilities owned, leased, managed, serviced or controlled by you (collectively “Product Software”). If you are using Sloan Marketplace Products with Sloan Marketplace Subscription Services (as defined in the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service (the “Terms of Service”)) to remote monitor and/or control Sloan Marketplace Products in commercial, government and/or higher-education facilities that your organization owns, leases, manages, services or controls, you represent and warrant that you have legal authority to bind that organization to this EULA, and you are doing so on behalf of that organization (and all references to “you” in this EULA refer to that organization). The Product Software is licensed, not sold, to you by Sloan Marketplace for use only under the terms of this EULA. Sloan Marketplace and its licensors retain ownership of the Product Software itself and reserve all rights not expressly granted to you herein.
1. GRANT OF LICENSE. Sloan Marketplace grants you the following rights provided that you comply with all terms and conditions of this EULA: You are granted a limited, revocable, non-exclusive, non-transferable license to use the Product Software only on genuine Sloan Marketplace Products that have been installed at a commercial, government or higher-education facility or group of facilities that you own, lease, manage, service or control and which have been approved by us as being compatible with the Sloan Marketplace Subscription Services.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Sloan Marketplace and its licensors retain all right, title and interest in and to the Product Software and all copies thereof, including all copyright and other intellectual property rights. Sloan Marketplace and its licensors reserve all rights not expressly granted to you in this EULA. The Product Software is licensed, not sold.
3. LIMITATIONS ON END USER RIGHTS. You agree that only Sloan Marketplace has the right to enhance or otherwise modify the Product Software. You have no rights to any source code for the Product Software. You agree not to, or cause or permit others, directly or indirectly, to modify, disassemble, recompile, or reverse engineer the Product Software or any part thereto, or otherwise attempt to gain access to the source code to the Product Software. You agree not to create derivative works or cause or permit others, directly or indirectly, to create derivative works based upon the Product Software. The Product Software is licensed as a single product. Its component parts may not be separated for use on more than one device. Under no circumstances shall you sell, license, sub-license, publish, and display, distribute, rent, lease, assign, or otherwise transfer to a third party the Product Software or any copy thereof, in whole or in part.
4. CONSENT TO USE OF DATA. You agree that Sloan Marketplace solely owns and may collect, maintain, process, transmit, and use the following product related data: technical, diagnostic, usage and related information, including but not limited to sensor diagnostic information, system and application Product Software data, water usage, water monitoring, control, event and temperature information, product settings, user preferences, user actions, alarms, notifications, product battery levels and life information, communication signal strength data, activation and failure information, line flush and frequency information, device SKU’s, product content and information about any peripherals. Sloan Marketplace may use such data to provide you with the services that you have subscribed to receive from us and also to help us improve our products and services, including providing the data to our licensors, vendors and partners, as we deem appropriate. Sloan Marketplace may also provide or share the data with third parties for the purpose of generating water usage and related statistics (in various forms) without identifying you personally. Unless you provide us with your express signed consent, Sloan Marketplace will not disclose or share with others any product related data in a form that personally identifies you. You acknowledge that you have reviewed the Sloan Marketplace Privacy Policy for information about what personal information we collect and how we use such information.
5. UPDATES. Sloan Marketplace and its licensors assume no obligation to provide updates, patches, bug fixes, upgrades or error corrections (collectively “Updates”). If Sloan Marketplace provides Updates, such Updates may be automatic without advance notification and may delete or change the nature or features of the Product Software, including functions you may rely upon and you may lose data. You consent to Updates by Sloan Marketplace. You further agree to promptly install any non-automatic Updates that we may provide. Any Updates shall be deemed and shall constitute part of the Product Software and the terms of this EULA apply to such Updates.
6. PRODUCT SOFTWARE TRANSFER. You may not transfer this EULA or the rights to the Product Software granted herein to any third party without the written consent of Sloan Marketplace. Prior to any such approved transfer, the end user receiving the Product Software must also agree to all the EULA terms.
7. TERMINATION. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Sloan Marketplace if you fail to comply with any of the terms and conditions of this EULA or if you are no longer a subscribed user of the Sloan Marketplace Subscription Services. Upon termination of this EULA, you must cease all use of the Product Software. The following Sections survive any termination of this EULA: Sections 2 – 4, 6 – 16.
8. LEGAL COMPLIANCE. The Product Software may be capable of capturing various data about your water usage and the water usage of others who are authorized users of our products and/or services, including but not necessarily limited to product activation, line flush length and frequency, battery levels, sensor diagnostics and communication signal strength data. You agree to use the Product Software and associated data only in compliance with those laws and agreements that apply to such software or data.
9. HIGH RISK ACTIVITIES. The Product Software, sensors and applications are not fault-tolerant and not designed, manufactured or intended for use for hazardous environments or high-risk activities requiring fail-safe performance. You agree not to use the Product Software, the sensors and applications with activities in which the failure of the sensors or applications could lead to death, personal injury, property damage, or severe physical or environmental damage. Sloan Marketplace and its licensors specifically disclaim any express or implied warranty of fitness for high-risk activities.
10. DISCLAIMER OF WARRANTY. You expressly acknowledge and agree that the use of the Product Software, sensors and/or applications are at your sole risk. The Product Software, sensors and/or applications are provided “AS-IS” and without warranty of any kind. SLOAN MARKETPLACE AND ITS LICENSORS EXPRESSLY DISCLAIM AND MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE PRODUCT SOFTWARE, SENSORS, APPLICATIONS OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SLOAN MARKETPLACE AND ITS LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS WILL BE CORRECT OR COMPLETE. FURTHERMORE, SLOAN MARKETPLACE AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SLOAN MARKETPLACE OR ITS LICENSORS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SLOAN MARKETPLACE AND ITS LICENSORS PROVIDE NO WARRANTY THAT ANY INFRASTRUCTURE, PROPERTY, COMMERCIAL FACILITY, DEVICE, OTHER PRODUCT SOFTWARE OR DATA WILL NOT BE DAMAGED BY THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS.
11. LIMITATION OF LIABILITY. SLOAN MARKETPLACE AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE PRODUCT SOFTWARE, SENSORS AND/OR APPLICATIONS. SLOAN MARKETPLACE AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF THE PRODUCT SOFTWARE, SENSORS, APPLICATIONS OR ANY ASSOCIATED HARDWARE OR DEVICE, DOWNTIME AND USER’S DOWNTIME, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF SLOAN MARKETPLACE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SLOAN MARKETPLACE’S OR ITS LICENSOR’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT BE GREATER THAN FIFTY U.S. DOLLARS ($50.00). YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. INDEMNIFICATION. You agree to defend, indemnify, and hold Sloan Marketplace and its licensors harmless from and against any claim or lawsuits, including reasonable attorneys’ fees and court costs that arise or result from your use of the Product Software, sensors and/or application or from your breach of any of the terms of this EULA.
13. U.S. GOVERNMENT END USERS. The Product Software is licensed only with “restricted rights” and as “commercial items” consisting of “commercial Product Software” and “commercial Product Software documentation” with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
14. ARBITRATION AGREEMENT; GOVERNING LAW AND JURISDICTION. Except as provided for in Section 15(b) of the Sloan Marketplace Terms of Service, any dispute, claim or controversy involving this EULA shall be resolved through binding arbitration in accordance with Section 13 of the Sloan Marketplace Terms of Service. This EULA shall be governed by the laws of the State of Illinois, without reference to it principles of conflicts of law. The parties consent to exclusive jurisdiction in Cook County, Illinois for any dispute arising from the terms and conditions of this EULA, except for such disputes, claims or controversies that are required to be arbitrated as set forth in the Arbitration Agreement in Section 13 of the Terms of Service. The parties waive their right to have an action under this EULA brought or filed elsewhere. The prevailing party in any action under this EULA shall be entitled to recover its reasonable attorneys’ fees in addition to any other damages or other awards ordered by the court or arbitrator.
15. THIRD PARTY BENEFICIARY. For all purposes of this EULA, each of the licensors of any of the Product Software shall be expressly deemed an intended third-party beneficiary of this EULA and shall have the right to enforce the terms and conditions of this EULA but no other parties other than any licensor of the Product Software is deemed an intended third-party beneficiary under this EULA.
16. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Sloan Marketplace relating to the Product Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
API Terms of Use
Effective July 15th 2024
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Sloan MARKETPLACE LLC
API Terms of Use
SC ArgusTM
Effective: March 22, 2023
Thank you for using Sloan Marketplace's Application Programming Interface (“API”) for the remote monitoring and control of Sloan Marketplace IOT Products installed in various commercial, government and higher-education facilities. By accessing or using our API as a developer for business management system or service agency vendors or as a Sloan Marketplace vendor or business partner, you are agreeing to the terms below. Collectively, we refer to the terms below, any additional terms within any accompanying API documentation, and any applicable policies and guidelines as either “the Terms" or “this Agreement.” You agree to comply with the Terms. So please read all the Terms carefully. If you use the API as an interface to, or in conjunction with other Sloan Marketplace products or services, then the terms for those other products or services also apply.
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “ACCEPT” BUTTON DURING ACCOUNT SETUP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ALL TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO DOWNLOAD, ACCESS OR USE THE API.
Section 1: Account and Registration
a. Accepting the Terms
You may not use the API and may not accept the Terms if (a) you are not of legal age to form a binding contract with Sloan Marketplace, or (b) you are a person barred from using or receiving the API under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the API.
b. Entity Level Acceptance
If you are using the API on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
c. Registration
In order to access the API you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API, or as part of your continued use of the API. Any registration information you give to Sloan Marketplace will always be accurate and up to date and you'll inform us promptly of any updates. The API may be provided in a document located on a secure website and downloaded by you.
Section 2: Using Our API
a. Your Authorized Users
You will require your authorized users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
b. Compliance with Law, Third Party Rights, and Other Sloan Marketplace Terms of Service
You will comply with all applicable law, regulation, and third-party rights. You will not use the API to encourage or promote illegal activity or violation of third-party rights. You will not violate any other terms of service or agreements with Sloan Marketplace.
c. Permitted Access
You will only access the API by the means described in the API documentation. If Sloan Marketplace assigns you developer credentials (e.g. client IDs), you must use them with the API. You will not misrepresent or mask your identity when using the API.
d. API Limitations
Sloan Marketplace sets and enforces limits on your use of the API (e.g. limiting the number of API requests that you may make), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations. If you would like to use the API beyond these limits, you must obtain Sloan Marketplace's express consent (and Sloan Marketplace may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).
e. Open-Source Software
Some of the software required by or included in the API may be offered under an open-source license. Open-source software licenses constitute separate written agreements. To the limited extent the open-source software license expressly supersedes the Terms, the open-source license instead sets forth your agreement with Sloan Marketplace for the applicable open-source software. Should we utilize third party messaging protocols in the API, you also agree to abide by the terms and conditions of any agreements that govern the use of such protocols.
f. Communication with Sloan Marketplace
We may send you certain communications in connection with your use of the API. Please review the applicable API documentation for more information.
g. Feedback
If you provide feedback or suggestions (collectively “Feedback”) about the API, then we may use such information for any purpose and without obligation or compensation to you. You also irrevocably assign to Sloan Marketplace, for no additional consideration, all right, title and interest in and to all Feedback, including, without limitation, all copyrights, patents, trade secrets, and other intellectual property rights associated with the Feedback, and you agree to execute all written instruments as may be necessary to perfect title to such intellectual property rights to Sloan Marketplace and generally to do all things necessary to aid Sloan Marketplace to obtain and enforce a patent or other form of legal protection for the intellectual property rights associated with the Feedback for no additional compensation (other than the coverage of reasonable expenses).
h. Non-Exclusivity
The Terms are non-exclusive. You acknowledge that Sloan Marketplace may develop products or services that may compete with any other products or services.
Section 3: Your API Clients
a. API Clients and Monitoring
The API is designed to help you develop or enhance your websites, programs and applications (“API Client(s)”) so that there can be access to the Sloan Marketplace Subscription Services through your own network for remote monitoring and control of Sloan Marketplace IOT Products installed in commercial, government and higher-education facilities. YOU AGREE THAT SLOAN MARKETPLACE MAY MONITOR USE OF THE API TO ENSURE QUALITY, IMPROVE SLOAN MARKETPLACE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Sloan Marketplace accessing and using your API Clients, for example, to identify security issues that could affect Sloan Marketplace or its users. You will not interfere with this monitoring. Sloan Marketplace may use any technical means to overcome such interference. Sloan Marketplace may suspend access to the API by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
b. Security
You will use all reasonable efforts to protect any user information collected by your API Clients, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
c. Ownership
Sloan Marketplace does not acquire ownership in your API Clients, and by using our API, you do not acquire ownership of any rights in our API or the content that is accessed through our API.
d. User Privacy and API Clients
You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information with Sloan Marketplace and third parties.
Section 4: Prohibitions and Confidentiality
a. API Prohibitions
When using the API, you may not (or allow those acting on your behalf to):
1.Sub-license the API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the API and offer it for use by third parties.
2.Create any means that enables one to obtain access to or interpret the Sloan Marketplace Product Data (defined in Section 6(c) of the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service, or its data structure.
3.Perform an action that results in introducing to Sloan Marketplace products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
4.Defame, abuse, harass, stalk, or threaten others.
5.Interfere with or disrupt the API or the products, servers or networks providing the API.
6.Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
7.Reverse engineer or attempt to extract the source code from the API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
8.Use the API for any activities where the use or failure of the API could lead to death, personal injury or damage.
9.Remove, obscure, or alter any Sloan Marketplace terms of service or any links to or notices of those terms.
b. Confidential Matters
1.Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials.
2.Our communications to you and our API may contain Sloan Marketplace confidential information. Sloan Marketplace confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Sloan Marketplace's prior written consent. Sloan Marketplace confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Sloan Marketplace confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
Section 5: Content
a. Content Accessible Through our API
Our API may contain some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our API may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
b. Submission of Content
The API may allow the submission of content. Sloan Marketplace does not acquire any ownership of any intellectual property rights in the content that you submit to our API through your API Client, except as expressly provided in the Terms or the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service. For the sole purpose of enabling Sloan Marketplace to provide, secure, and improve the API (and the related service(s)) and only in accordance with the Sloan Marketplace Privacy Policy, you hereby grant Sloan Marketplace a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the API through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our API through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your authorized users) to grant us the license. Notwithstanding anything to the contrary, this Section 5(b) does not apply to any of the Product Data that is solely owned by Sloan Marketplace pursuant to Section 6(c) of the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service.
c. Retrieval of Content
When a user's non-public content is obtained through the API, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
d. Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your authorized users or others acting on your behalf to do the following with content returned from the API:
1.Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
2.Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
3.Misrepresent the source or ownership; or
4.Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
Section 6: Brand Features; Attribution
a. Brand Features
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Sloan Marketplace's Brand Features (including any goodwill associated therewith) will inure to the sole benefit of Sloan Marketplace.
b. Attribution
You agree to display any attribution(s) required by Sloan Marketplace as described in the documentation for the API. Sloan Marketplace hereby grants to you a revocable, nontransferable, non-sublicensable, nonexclusive license while the Terms are in effect to display Sloan Marketplace's Brand Features for the purpose of promoting or advertising that you use the API. You must only use the Sloan Marketplace Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Sloan Marketplace's Brand Features, you must follow any Sloan Brand Guidelines that further restrict the use of such Brand Features. You understand and agree that Sloan Marketplace has the sole discretion to determine whether your attribution(s) and use of Sloan Marketplace's Brand Features are in accordance with the above requirements and guidelines.
c. Publicity
You will not make any statement regarding your use of the API which suggests partnership with, sponsorship by, or endorsement by Sloan Marketplace without Sloan Marketplace's prior written approval.
d. Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the API you are using and the associated Sloan Marketplace products, Sloan Marketplace may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
Section 7: Privacy and Copyright Protection
a. Sloan Marketplace Privacy Policy
By using our API, Sloan Marketplace may use submitted information in accordance with the Sloan Marketplace Privacy Policy.
b. Sloan Marketplace DMCA Policy
We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can send us a DMCA compliant notice to compliance@sloan.com.
Section 8: Termination
a. Termination
You may stop using our API at any time with or without notice. Further, if you want to terminate the Terms, you must provide Sloan Marketplace with prior written notice by contacting us at customerservice@SloanMarketplace.com and upon termination, cease your use of the applicable API. Sloan Marketplace reserves the right to discontinue the API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
b. Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to the API, you will immediately stop using the API, cease all use of the Sloan Marketplace Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Sloan Marketplace may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use the API.
c. Surviving Provisions
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.
Section 9: Liability for our API
a. WARRANTIES
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER SLOAN MARKETPLACE NOR ITS SUPPLIERS OR VENDORS MAKE ANY SPECIFIC PROMISES ABOUT THE API. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API, THE SPECIFIC FUNCTIONS OF THE API, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE API "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
b. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, SLOAN MARKETPLACE, AND SLOAN MARKETPLACE'S SUPPLIERS AND VENDORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR LOSS OF OR CORRUPTION OF DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SLOAN MARKETPLACE, AND ITS SUPPLIERS AND VENDORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE API (OR, IF WE CHOOSE, TO SUPPLYING YOU THE API AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR FIVE HUNDRED DOLLARS ($500), WHICHEVER IS LOWER.
IN ALL CASES, SLOAN MARKETPLACE, AND ITS SUPPLIERS AND VENDORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
c. Indemnification
Unless prohibited by applicable law, you will defend and indemnify Sloan Marketplace and its respective directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
1.Your misuse or your authorized user's misuse of the API;
2.Your violation or your authorized user's violation of the Terms or the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service; or
3.Any content or data routed into or used with the API by you, those acting on your behalf, or your authorized users.
Section 10: General Provisions
a. Modification
We may unilaterally modify the Terms or any portion thereof to at any time, to among other reasons, reflect changes to the law or changes to our API. You should look at the Terms regularly. We'll post notice of modifications to these Terms available at API Terms of Use, within the documentation for the API, and/or otherwise on the https://www.sloan.com web site. All modifications, including any modifications addressing new functions for the API or modifications made for legal reasons will be effective immediately unless otherwise stated in the notice. If you do not agree to the modified Terms for the API, you should discontinue your use of the API. Your continued use of the API constitutes your acceptance of the modified Terms.
b. Miscellaneous
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Sloan Marketplace does not take action right away, this does not mean that Sloan Marketplace is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Sloan Marketplace relating to its subject and supersede any prior or contemporaneous agreements on that subject.
You agree that except as provided for in Section 15(b) of the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service, any dispute, claim or controversy involving this API Use Agreement shall be resolved through binding arbitration in accordance with Section 13 of the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service. This API Use Agreement shall be governed by the laws of the State of Illinois, without reference to its principles of conflicts of law. The parties consent to exclusive jurisdiction in Cook County, Illinois for any dispute arising from the terms and conditions of this API Use Agreement, except for such disputes, claims or controversies that are required to be arbitrated as set forth in the Arbitration Agreement in Section 13 of the Sloan Marketplace Terms of Service SC ArgusTM Software-as-a-Service. The parties waive their right to have an action under this API Use Agreement brought or filed elsewhere.
PURCHASE ORDER TERMS AND CONDITIONS
Effective July 15th 2024
DownloadTable of Contents
PURCHASE ORDER TERMS AND CONDITIONS
Effective Date: June 1, 2023
The following Purchase Order Terms and Conditions (these “Terms”) shall apply to the purchase of products (the “Products”) and/or services (the “Services”) by Sloan Marketplace LLC (referred to herein as, “Sloan Marketplace”). These Terms, along with the Sloan Marketplace Purchase Order (the “Purchase Order”) delivered by Sloan Marketplace constitute the entire integrated agreement between the seller of such Products and/or Services (“Seller” or “you”) and Sloan Marketplace concerning such Products and/or Services. By selling the Products or performing the Services, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment, or other agreement with regard to these Terms shall be binding upon Sloan Marketplace unless made in writing and signed by an authorized officer of Sloan Marketplace.
- Construction and Order of Precedence. Except with respect to those provisions in any written agreement signed by both Buyer and Sloan Marketplace which govern the purchase of the same Products or Services described in a Purchase Order (the “Master Purchase and Sale Agreement”), and which provisions are expressly to the contrary, these Terms shall apply to, and are incorporated into, all oral or written contracts, obligations, understandings, commitments, leases, licenses, purchase orders, bids, arrangements and/or transactions between or among you and Sloan Marketplace, existing on the date hereof or hereafter executed and supersede all previous communications and understandings that are inconsistent with these Terms. Any documents other than the Master Purchase and Sale Agreement, including any documents, forms, or other terms or conditions provided heretofore or hereafter by Seller to Sloan Marketplace, which are not signed by an authorized representative of Sloan Marketplace, are not part of these Terms and shall have no effect on the parties. These Terms, the Purchase Order and if applicable, the Master Purchase and Sale Agreement, contain the entire understanding of Sloan Marketplace and Seller with respect to the subject matter thereof and may not be supplemented or modified by course of dealing, course of performance, any oral communication between the parties, or any response by Seller, whether oral or written, purporting to modify or supplement the terms of any of the foregoing documents unless such response is in writing and executed or consented to in writing by an authorized representative of Sloan Marketplace. Any ambiguity, conflict or inconsistency among the documents for the purchase and sale of any Product or Service shall be resolved according to the following order of precedence: (a) the Purchase Order; (b) if applicable, the Master Purchase and Sale Agreement or any other written agreement pertaining to the purchase and sale of the Products or Services signed by both Seller and Sloan Marketplace; and (d) these Terms.
- Scope of Work. The Products manufactured and/or the Services provided by Seller will be in strict accordance with the scope of work and specifications set forth in the Purchase Order.
- Bailment.
- All supplies, materials, machinery, equipment, tooling design files, drawings, photographic negatives and positives, artwork, copy layout, electronic data and other items, furnished by Sloan Marketplace, either directly or indirectly, to Seller or to any supplier of Seller in connection with or related to any Purchase Order, or for which Seller has been at least partially reimbursed by Sloan Marketplace (collectively, and as may be modified from time to time, the “Bailed Property”) is and will at all times remain the property of Sloan Marketplace and be held by Seller on a bailment-at-will basis.
- Only Sloan Marketplace has any right, title or interest in and to Bailed Property, except for Seller’s limited right, subject to Sloan Marketplace’s sole discretion, to use the Bailed Property solely in the performance of Seller’s obligations under these Terms. Seller shall bear the risk of loss of and damage to Sloan Marketplace’s Bailed Property; the Bailed Property shall at all times be properly housed and maintained by Seller; shall be conspicuously marked “Property of Sloan Marketplace” by Seller; shall not be commingled with the property of Seller or any third-party; and shall not be moved from Seller’s premises without the prior written approval by Sloan Marketplace. Sloan Marketplace may, at any time, for any reason and without payment of any kind, retake possession of any Bailed Property without the necessity of payment or notice to Seller, or a hearing or a court order, which rights, if any, are waived by Seller. Upon the expiration or termination of the Purchase Order, or upon Sloan Marketplace’s request, Seller must immediately cease all use of the Bailed Property and promptly release the same to Sloan Marketplace or deliver such Bailed Property to Sloan Marketplace to any location designated by Sloan Marketplace, in which event Sloan Marketplace shall pay to Seller the reasonable cost of delivery. Seller’s continued use of or holding of Bailed Property after demand has been made by Sloan Marketplace for delivery will substantially impair the value thereof, and, accordingly, Sloan Marketplace will be entitled to a court order of possession without any need or proving damages or a bond. To the fullest extent permitted by law, Seller shall not allow any encumbrance to be imposed on or attach to the Bailed Property through Seller or as a result of Seller’s action or inaction, and Seller hereby waives any encumbrance that it may have or acquire in the Bailed Property.
- SLOAN MARKETPLACE HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE BAILED PROPERTY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
- Prices. The price of the Products and/or Services is the price stated in the Purchase Order (the “Price”). Unless otherwise specified in the Purchase Order, the Price includes all packaging, handling, insurance, custom duties, commissions to selling agents, incidental charges, and fees and applicable taxes, including, but not limited to, all sales, use or excise taxes. No increase in the Price is effective, whether due to increased material, labor, or transportation costs, or otherwise, without the prior written consent of Sloan Marketplace.
- Payment. Unless otherwise specified in the Purchase Order, Seller shall issue an invoice to Sloan Marketplace on or any time after the completion of delivery of the Products and/or of the Services, as applicable. Unless the Purchase Order states otherwise, Sloan Marketplace shall initiate payment on all properly invoiced amounts due to Seller within sixty (60) days after Sloan Marketplace’s receipt of such invoice, except for any amounts disputed by Sloan Marketplace in good faith. The parties shall seek to resolve any payment disputes expeditiously and in good faith. Seller shall continue performing its obligations under these Terms notwithstanding any such dispute. Sloan Marketplace has no obligation to pay any amount first invoiced more than six (6) months after such amount accrued. Seller shall, if Sloan Marketplace desires, accept all payments in U.S. Dollars. Sloan Marketplace may make payments using “Electronic Funds Transfer” (“EFT”) or ePayables (credit card settlement), in which case Seller shall complete and deliver such applications and authorizations as Sloan Marketplace customarily requires for these purposes. Without prejudice to any other right or remedy it may have, Sloan Marketplace reserves the right to set off at any time any amount owing to it by Seller (including, but not limited to, any indemnification or late penalty obligations) against any amount payable by Sloan Marketplace to Seller.
- Modification of Purchase Order. Sloan Marketplace may modify or cancel any Purchase Order for any reason, within two (2) business days of submission to Seller.
- Shipment and Delivery. Seller shall deliver the Products in the quantities and on the date(s) specified as the Due Date in the Purchase Order or as otherwise agreed in writing by the parties (the “Due Date”). If no Due Date is specified, Seller shall deliver the Products within thirty (30) days of Sloan Marketplace’s submission of its Purchase Order to Seller, via email, EDI or facsimile. If Seller fails to deliver the Products or the Services in full on the Due Date, Sloan Marketplace may terminate the applicable Purchase Order immediately by providing written notice to Seller and Seller shall reimburse and indemnify Sloan Marketplace against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Products or Services on the Due Date. Seller shall deliver all Products to the shipping address specified in the Purchase Order (the “Delivery Point”) during Sloan Marketplace’s normal business hours or as otherwise instructed by Sloan Marketplace. Seller shall pack all goods for shipment according to Sloan Marketplace’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Products are delivered in undamaged condition. Seller must provide Sloan Marketplace prior written notice if it requires Sloan Marketplace to return any packaging material. Any return of such packaging material shall be made at Seller’s risk of loss and expense. Seller shall provide the Services to Sloan Marketplace as described and in accordance with the schedule set forth on the applicable Purchase Order. Seller acknowledges that time is of the essence with respect to Seller’s obligations hereunder and the timely delivery of the Products and Services, including all performance dates, timetables, project milestones and other requirements in the Purchase Order and these Terms. Except as otherwise provided in the Purchase Order, Seller shall ship the Products to Sloan Marketplace’s facility, FCA (Incoterms 2020). Shipments and packaging will comply with Sloan Marketplace’s packaging guidelines and shall comply with applicable law. Shipments sent C.O.D. without Sloan Marketplace’s written consent will not be accepted and will be at Seller’s risk. Shipments will comply with Sloan Marketplace’s freight routing guides when using Sloan Marketplace’s freight accounts. If freight policy is not properly followed by Seller, Sloan Marketplace reserves the right to charge back the Seller for freight expenses. If Seller is unable to meet the required Due Date with normal modes of transportation, Seller is responsible for all costs associated with expedited freight.
- Late Delivery and Penalty. Without limitation of its rights in Section 7 above, Sloan Marketplace may, in its discretion, agree to accept a late delivery; provided, that Sloan Marketplace shall get a credit, for every five (5) days of delay, a penalty amounting to one percent (1%) of the total value of the Products whose shipment has been delayed. Any fractional part of a week is to be considered as a full week. The total amount of penalty shall not, however, exceed ten percent (10%) of the total value of the Products involved in late shipment and is to be deducted from the amount due at the time of payment.
- Title and Risk of Loss. Title and risk of loss passes to Sloan Marketplace upon delivery of the Products at the Delivery Point.
- Inspection. Sloan Marketplace has the right to inspect the Products on or after the Due Date. Sloan Marketplace, at its sole option, may inspect all or a sample of the Products, and may reject all or any portion of the Products if it determines the Products are nonconforming or defective. If Sloan Marketplace rejects any portion of the Products, Sloan Marketplace has the right, effective upon written notice to Seller, to: (a) terminate the applicable Purchase Order in its entirety; (b) accept the Products at a reasonably reduced price; or (c) reject the nonconforming or defective Products and require replacement of such rejected Products in accordance with Section 15 below. Any payment in full for the Products, inspection or other action by Sloan Marketplace under this Section 10 shall not reduce or otherwise affect Sloan Marketplace’s rights or Seller’s obligations under these Terms. Without limitation of the foregoing, Sloan Marketplace shall have the right to conduct further inspections after Seller has carried out its remedial actions.
- Change Orders. Seller shall not make any changes or substitutions to the Products or Services ordered under any Purchase Order without the prior written consent of Sloan Marketplace, through its authorized representative. Sloan Marketplace may at any time, by written instructions and/or drawings issued to Seller (each a “Change Order”), order changes to the Services or the Products. Seller shall within the requested time frame, and if one is not stated, then within twenty-four (24) hours of receipt of a Change Order submit to Sloan Marketplace any change in cost for the Change Order. If Sloan Marketplace accepts such cost proposal, Seller shall proceed with the changed Products or Services subject to the cost proposal and these Terms. Seller acknowledges that a Change Order may or may not entitle Seller to an adjustment in the Seller’s compensation or the performance deadlines under these Terms.
- Discontinued Products. Seller is a critical supplier to Sloan Marketplace, and Sloan Marketplace relies on Seller’s Products to fulfill orders to third-party customers, which orders contain specific requirements. Accordingly, any changes in the Products may impact Sloan Marketplace’s ability to comply with its obligations to third parties. Seller shall therefore notify Sloan Marketplace at least ninety (90) days in advance and in writing of all changes in raw materials or their source, formulation, manufacturing location, manufacturing methods or processes, packaging, shelf life, or other changes to any Products delivered pursuant to any applicable Purchase Order. Further, Seller shall notify Sloan Marketplace at least ninety (90) days prior to the discontinuance of any Products. At a minimum, for ninety (90) days after Seller’s last delivery of a Product that will be discontinued, Seller will provide such Product for Sloan Marketplace in accordance with Sloan Marketplace’s Purchase Orders. Discontinuance or change to the specifications of a Product shall not alter any warranty on such Product.
- Permitted Subcontractors. Seller shall obtain Sloan Marketplace’s written consent prior to entering into agreements with or otherwise engaging any person or entity, including all subcontractors and Affiliates of Seller, other than Seller’s employees, to provide any Services to Sloan Marketplace (each such approved subcontractor or other third-party, a “Permitted Subcontractor”). Sloan Marketplace’s approval shall not relieve Seller of its obligations under these Terms, and Seller shall remain fully responsible for the performance of each such Permitted Subcontractor and its employees and for their compliance with all of the terms and conditions of these Terms as if they were Seller’s own employees. Nothing contained in these Terms shall create any contractual relationship between Sloan Marketplace and any Permitted Subcontractor or supplier.
- Deliverables. Seller agrees Sloan Marketplace will exclusively own all Deliverables. Any copyrightable aspects of Deliverables are “works made for hire” to the full extent permitted by law. If any Deliverables are determined not to be owned by Sloan Marketplace, Seller shall assign to Sloan Marketplace Seller’s entire right, title and interest in all Deliverables and all intellectual property rights therein. Seller shall execute any documents in connection with such assignment that Sloan Marketplace may reasonably request. Seller appoints Sloan Marketplace its attorney-in-fact to execute assignments of, and register all rights to, the Deliverables and the intellectual property rights therein. Seller shall obtain, and provide to Sloan Marketplace upon request, agreements with each contributor to the Deliverables consistent with these obligations and shall enforce such agreements. For purposes hereof, “Deliverables” means the output of Seller’s Services to Sloan Marketplace, including all materials, ideas, concepts, know-how and other embodiments thereof (e.g., all equipment, software, improvements to real estate, results, patentable and non-patentable concepts, findings, data, analysis documentation and reports), and any improvements to any of the foregoing, in each case, whether tangible or intangible, whether newly created or pre-existing and regardless of the state of completion.
- Warranty. Seller warrants to Sloan Marketplace that for the period of time specified in the Purchase Order, or, if no period is specified, the longer of (i) the longest warranty period Seller provides its end users of Products or Services or, (ii) thirty six (36) months after the date of Sloan Marketplace’s acceptance of the Products, that all Products will be free from any defects in workmanship, material and design or twelve (12) months after completion of any Services, that all Services were performed in a professional and workmanlike manner, free from defects and in accordance with the highest industry standards and any applicable specifications. Seller further warrants and represents that the Products will conform to applicable specifications, drawings, designs, samples and other requirements specified by Sloan Marketplace; be fit for their intended purpose and operate as intended; be merchantable; and be free and clear of all liens, security interests or other encumbrances. Further, Seller represents and warrants that: (a) all patents, trademarks, trade names, trade dress, copyrights, trade secrets, rights of publicity and other intellectual property rights (other than Sloan Marketplace IP Rights) used by Seller in connection with the Deliverables or in the development or manufacture of the Products (collectively, “Seller IP”) are either owned by Seller or Seller has been and is properly authorized by the owner of such rights to use such intellectual property rights in connection with such Products and to sell such Products incorporating such Intellectual Property Rights to Sloan Marketplace or its customers for use or further resale and (b) the Products will not, at the time delivered, offered for sale or sold by Sloan Marketplace or its customers, infringe any Intellectual Property Right of any third party. Seller shall notify Sloan Marketplace’s Legal Department in writing by certified mail, return receipt requested, within five (5) business days after it has knowledge of any claim or allegation of infringement, misuse, dilution, misappropriation, or other violation of any Sloan Marketplace IP Rights (defined in Section 18), in any way related to or affecting the Products. The warranties set forth herein survive any delivery, inspection, acceptance, or payment of or for the Products by Sloan Marketplace. Seller warrants to Sloan Marketplace that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms. The warranties set forth in this Section 15 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Seller’s discovery of the noncompliance of the Products or Services with the foregoing warranties. If Sloan Marketplace gives Seller notice of noncompliance pursuant to this Section 15, Seller shall, at its own cost and expense, within two (2) business days after Sloan Marketplace’s notice, (I) either, at Sloan Marketplace’s option, (A) replace or repair the defective or nonconforming Products and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming Products to Seller and the delivery of repaired or replacement Products to Sloan Marketplace, or (B) refund the Price to Sloan Marketplace for the defective or nonconforming Products and pay for all related expenses, including, but not limited to, transportation charges for the destruction or return of the defective or nonconforming Products to Seller, and (II) if applicable, repair or re-perform the applicable Services without further consideration. If Seller fails to timely deliver any replacement Products or Services, Sloan Marketplace may replace them with goods or services from a third-party and charge Seller the cost thereof.
- Indemnification. You agree to indemnify and hold harmless Sloan Marketplace and their respective officers, directors, employees, managers, agents, successors and assigns (collectively, “Indemnitees”) from and against any and all claims or demands (including reasonable attorneys’ and experts’ fees and costs) made by any party due to or arising out of (a) the Products purchased and/or Services provided from Seller, (b) Seller’s breach of these Terms, negligence or willful misconduct, or breach of any law or the rights of a third party, or (c) any claim that Sloan Marketplace’s or Indemnitee’s use or possession of the Products or use of the Services infringes or misappropriates the patent, copyright, trade secret or other intellectual property right of any third-party.
- Insurance. At all times, Seller shall, at its own expense, maintain and carry insurance in full force and effect in commercially reasonable amounts to cover all its Services, Products, obligations and liabilities under these Terms and all Purchase Orders, with financially sound and reputable insurers. Upon Sloan Marketplace’s request, Seller shall deliver to Sloan Marketplace a certificate of insurance evidencing the above coverages. Sloan Marketplace, in its discretion, reserves the right to request that Seller obtain additional coverages.
- Sloan Marketplace Intellectual Property. Seller acknowledges that Sloan Marketplace has the exclusive right, title, and interest in all of intellectual property rights owned or licensed by Sloan Marketplace, including, but not limited to, any Sloan Marketplace specifications (and any improvements thereto) used in the development of the Deliverables or Products (“Sloan Marketplace IP Rights”). Neither these Terms nor any Purchase Order are a transfer or assignment of any right, title, or interest in the Sloan Marketplace IP Rights to Seller. Any license to Sloan Marketplace IP Rights under these Terms must be expressly stated and any such license will be non-delegable and revocable by Sloan Marketplace upon notice to Seller. Seller must not do or cause to be done anything that impairs Sloan Marketplace’s interest in the Sloan Marketplace IP Rights. Seller must not use, modify, duplicate, display or perform any Sloan Marketplace IP Rights unless Seller has obtained Sloan Marketplace’s prior written approval. Any permitted use by Seller of the Sloan Marketplace IP Rights under a Purchase Order is limited to the term of the Purchase Order. Upon the expiration or termination of the Purchase Order, or upon Sloan Marketplace’s request, Seller must immediately cease all use of the Sloan Marketplace IP Rights and promptly return all materials to Sloan Marketplace.
- Seller Intellectual Property. Seller has and shall maintain the exclusive right, title, and interest in and to the Seller IP. Seller hereby grants to Buyer an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license, with the right to grant sublicenses, to use Seller’s IP to produce, use, sell and to obtain, from alternate sources, products and services similar to the Deliverables and Products (including related systems and components) following the termination of the Purchase Order, and in connection with Sloan Marketplace’s rights hereunder, to purchase Products from an alternative source at any time.
- Compliance with Laws. Seller agrees to comply with all laws and regulations applicable to the manufacture, transport, storage, packaging, and/or sale of the Products or Services, including, without limitation, to the extent applicable, the U.S. Export Administration Act and all regulations thereunder. Seller shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms.
- Termination. In addition to any remedies that may be provided under these Terms, Sloan Marketplace may terminate any applicable Purchase Order with immediate effect upon written notice to the Seller, either before or after the acceptance of the Products or delivery of Services. If Sloan Marketplace terminates the applicable Purchase Order for any reason, Seller’s sole and exclusive remedy is payment for the Products received and accepted and Services accepted by Sloan Marketplace prior to the termination.
- Confidentiality. From time to time during the term of the Purchase Orders, Sloan Marketplace (as the “Disclosing Party”) may disclose or make available to the Seller (as the “Receiving Party”) information about its business affairs, goods and services, confidential information and materials comprising or relating to Intellectual Property Rights, third-party confidential information and other sensitive or proprietary information. Such information, as well as these Terms, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” constitutes “Confidential Information” hereunder. Receiving Party shall for a period of five (5) years from receipt of such Confidential Information:
The Receiving Party shall be responsible for any breach of this Section 22 caused by any of its affiliates, employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or advisors (collectively, “Representatives”). Without limitation of the foregoing, the terms of the confidentiality agreement heretofore entered into by the parties (the “Confidentiality Agreement”) (if any) are incorporated herein by reference and shall remain in force and effect until expiration of the term of the last outstanding Purchase Order (and thereafter in accordance with the terms of the Confidentiality Agreement). To the extent there is a conflict between the terms of this Section 22 and the terms of the Confidentiality Agreement, the more stringent confidentiality obligations shall apply to the parties.
Purchase Order Terms and Conditions
Effective July 16th 2024
DownloadTable of Contents
PURCHASE ORDER TERMS AND CONDITIONS
Effective Date: February 6, 2022
The following Purchase Order Terms and Conditions (these “Terms”) shall apply to the purchase of products (the “Products”) and/or services (the “Services”) by Sloan Valve Company and its Affiliates (together Sloan Valve Company and its Affiliates shall be referred to herein as, “Sloan”). These Terms, along with the Sloan Purchase Order (the “Purchase Order”) delivered by Sloan constitute the entire integrated agreement between the seller of such Products and/or Services (“Seller” or “you”) and Sloan concerning such Products and/or Services. By selling the Products or performing the Services, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment, or other agreement with regard to these Terms shall be binding upon Sloan unless made in writing and signed by an authorized officer of Sloan. For purposes herein, the term “Affiliate” means any entity that is controlled by, or is under common control or ownership with, Sloan Valve Company or Sloan Global Holdings, LLC, where the term “control” means possession, directly or indirectly, of fifty percent (50%) or more of the voting securities in the entity or the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- Construction and Order of Precedence. Except with respect to those provisions in any written agreement signed by both Buyer and Sloan which govern the purchase of the same Products or Services described in a Purchase Order (the “Master Purchase and Sale Agreement”), and which provisions are expressly to the contrary, these Terms shall apply to, and are incorporated into, all oral or written contracts, obligations, understandings, commitments, leases, licenses, purchase orders, bids, arrangements and/or transactions between or among you and Sloan, existing on the date hereof or hereafter executed and supersede all previous communications and understandings that are inconsistent with these Terms. Any documents other than the Master Purchase and Sale Agreement, including any documents, forms, or other terms or conditions provided heretofore or hereafter by Seller to Sloan, which are not signed by an authorized representative of Sloan, are not part of these Terms and shall have no effect on the parties. These Terms, the Purchase Order and if applicable, the Master Purchase and Sale Agreement, contain the entire understanding of Sloan and Seller with respect to the subject matter thereof and may not be supplemented or modified by course of dealing, course of performance, any oral communication between the parties, or any response by Seller, whether oral or written, purporting to modify or supplement the terms of any of the foregoing documents unless such response is in writing and executed or consented to in writing by an authorized representative of Sloan. Any ambiguity, conflict or inconsistency among the documents for the purchase and sale of any Product or Service shall be resolved according to the following order of precedence: (a) the Purchase Order; (b) if applicable, the Master Purchase and Sale Agreement or any other written agreement pertaining to the purchase and sale of the Products or Services signed by both Seller and Sloan; and (d) these Terms.
- Scope of Work. The Products manufactured and/or the Services provided by Seller will be in strict accordance with the scope of work and specifications set forth in the Purchase Order.
- Bailment.
- All supplies, materials, machinery, equipment, tooling design files, drawings, photographic negatives and positives, artwork, copy layout, electronic data and other items, furnished by Sloan, either directly or indirectly, to Seller or to any supplier of Seller in connection with or related to any Purchase Order, or for which Seller has been at least partially reimbursed by Sloan (collectively, and as may be modified from time to time, the “Bailed Property”) is and will at all times remain the property of Sloan and be held by Seller on a bailment-at-will basis.
- Only Sloan has any right, title or interest in and to Bailed Property, except for Seller’s limited right, subject to Sloan’s sole discretion, to use the Bailed Property solely in the performance of Seller’s obligations under these Terms. Seller shall bear the risk of loss of and damage to Sloan’s Bailed Property; the Bailed Property shall at all times be properly housed and maintained by Seller; shall be conspicuously marked “Property of Sloan” by Seller; shall not be commingled with the property of Seller or any third-party; and shall not be moved from Seller’s premises without the prior written approval by Sloan. Sloan may, at any time, for any reason and without payment of any kind, retake possession of any Bailed Property without the necessity of payment or notice to Seller, or a hearing or a court order, which rights, if any, are waived by Seller. Upon the expiration or termination of the Purchase Order or these Terms, or upon Sloan’s request, Seller must immediately cease all use of the Bailed Property and promptly release the same to Sloan or deliver such Bailed Property to Sloan to any location designated by Sloan, in which event Sloan shall pay to Seller the reasonable cost of delivery. Seller’s continued use of or holding of Bailed Property after demand has been made by Sloan for delivery will substantially impair the value thereof, and, accordingly, Sloan will be entitled to a court order of possession without any need or proving damages or a bond. To the fullest extent permitted by law, Seller shall not allow any encumbrance to be imposed on or attach to the Bailed Property through Seller or as a result of Seller’s action or inaction, and Seller hereby waives any encumbrance that it may have or acquire in the Bailed Property.
- SLOAN HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE BAILED PROPERTY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
- Prices. The price of the Products and/or Services is the price stated in the Purchase Order (the “Price”). Unless otherwise specified in the Purchase Order, the Price includes all packaging, handling, insurance, custom duties, commissions to selling agents, incidental charges, and fees and applicable taxes, including, but not limited to, all sales, use or excise taxes. No increase in the Price is effective, whether due to increased material, labor, or transportation costs, or otherwise, without the prior written consent of Sloan.
- Payment. Unless otherwise specified in the Purchase Order, Seller shall issue an invoice to Sloan on or any time after the completion of delivery of the Products and/or of the Services, as applicable. Unless the Purchase Order states otherwise, Sloan shall initiate payment on all properly invoiced amounts due to Seller within sixty (60) days after Sloan’s receipt of such invoice, except for any amounts disputed by Sloan in good faith. The parties shall seek to resolve any payment disputes expeditiously and in good faith. Seller shall continue performing its obligations under these Terms notwithstanding any such dispute. Sloan has no obligation to pay any amount first invoiced more than six (6) months after such amount accrued. Seller shall, if Sloan desires, accept all payments in U.S. Dollars. Sloan may make payments using “Electronic Funds Transfer” (“EFT”) or ePayables (credit card settlement), in which case Seller shall complete and deliver such applications and authorizations as Sloan customarily requires for these purposes. Without prejudice to any other right or remedy it may have, Sloan reserves the right to set off at any time any amount owing to it by Seller (including, but not limited to, any indemnification or late penalty obligations) against any amount payable by Sloan to Seller.
- Modification of Purchase Order. Sloan may modify or cancel any Purchase Order for any reason, within two (2) business days of submission to Seller.
- Shipment and Delivery. Seller shall deliver the Products in the quantities and on the date(s) specified as the Due Date in the Purchase Order or as otherwise agreed in writing by the parties (the “Due Date”). If no Due Date is specified, Seller shall deliver the Products within thirty (30) days of Sloan’s submission of its Purchase Order to Seller, via email, EDI or facsimile. If Seller fails to deliver the Products in full on the Due Date, Sloan may terminate these Terms and/or the applicable Purchase Order immediately by providing written notice to Seller and Seller shall reimburse and indemnify Sloan against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Products on the Due Date. Seller shall deliver all Products to the shipping address specified in the Purchase Order (the “Delivery Point”) during Sloan’s normal business hours or as otherwise instructed by Sloan. Seller shall pack all goods for shipment according to Sloan’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Products are delivered in undamaged condition. Seller must provide Sloan prior written notice if it requires Sloan to return any packaging material. Any return of such packaging material shall be made at Seller’s risk of loss and expense. Seller shall provide the Services to Sloan as described and in accordance with the schedule set forth on the applicable Purchase Order. Seller acknowledges that time is of the essence with respect to Seller’s obligations hereunder and the timely delivery of the Products and Services, including all performance dates, timetables, project milestones and other requirements in the Purchase Order and these Terms. Except as otherwise provided in the Purchase Order, Seller shall ship the Products to Sloan’s facility, FCA (Incoterms 2020). Shipments and packaging will comply with Sloan’s packaging guidelines and shall comply with applicable law. Shipments sent C.O.D. without Sloan’s written consent will not be accepted and will be at Seller’s risk. Shipments will comply with Sloan’s freight routing guides when using Sloan’s freight accounts. If freight policy is not properly followed by Seller, Sloan reserves the right to charge back the Seller for freight expenses. If Seller is unable to meet the required Due Date with normal modes of transportation, Seller is responsible for all costs associated with expedited freight.
- Late Delivery and Penalty. Without limitation of its rights in Section 7 above, Sloan may, in its discretion, agree to accept a late delivery; provided, that Sloan shall get a credit, for every five (5) days of delay, a penalty amounting to one percent (1%) of the total value of the Products whose shipment has been delayed. Any fractional part of a week is to be considered as a full week. The total amount of penalty shall not, however, exceed ten percent (10%) of the total value of the Products involved in late shipment and is to be deducted from the amount due at the time of payment.
- Title and Risk of Loss. Title and risk of loss passes to Sloan upon delivery of the Products at the Delivery Point.
- Inspection. Sloan has the right to inspect the Products on or after the Due Date. Sloan, at its sole option, may inspect all or a sample of the Products, and may reject all or any portion of the Products if it determines the Products are nonconforming or defective. If Sloan rejects any portion of the Products, Sloan has the right, effective upon written notice to Seller, to: (a) terminate the applicable Purchase Order in its entirety; (b) accept the Products at a reasonably reduced price; or (c) reject the nonconforming or defective Products and require replacement of such rejected Products in accordance with Section 15 below. Any payment in full for the Products, inspection or other action by Sloan under this Section 10 shall not reduce or otherwise affect Sloan’s rights or Seller’s obligations under these Terms. Without limitation of the foregoing, Sloan shall have the right to conduct further inspections after Seller has carried out its remedial actions.
- Change Orders. Seller shall not make any changes or substitutions to the Products ordered under any Purchase Order without the prior written consent of Sloan, through its authorized representative. Sloan may at any time, by written instructions and/or drawings issued to Seller (each a “Change Order”), order changes to the Services or the Products. Seller shall within the requested time frame, and if one is not stated, then within twenty-four (24) hours of receipt of a Change Order submit to Sloan any change in cost for the Change Order. If Sloan accepts such cost proposal, Seller shall proceed with the changed Services subject to the cost proposal and these Terms. Seller acknowledges that a Change Order may or may not entitle Seller to an adjustment in the Seller’s compensation or the performance deadlines under these Terms.
- Discontinued Products. Seller is a critical supplier to Sloan, and Sloan relies on Seller’s Products to fulfill orders to third-party customers, which orders contain specific requirements. Accordingly, any changes in the Products may impact Sloan’s ability to comply with its obligations to third parties. Seller shall therefore notify Sloan at least ninety (90) days in advance and in writing of all changes in raw materials or their source, formulation, manufacturing location, manufacturing methods or processes, packaging, shelf life, or other changes to any Products delivered pursuant to any applicable Purchase Order. Further, Seller shall notify Sloan at least ninety (90) days prior to the discontinuance of any Products. At a minimum, for ninety (90) days after Seller’s last delivery of a Product that will be discontinued, Seller will provide such Product for Sloan in accordance with Sloan’s Purchase Orders. Discontinuance or change to the specifications of a Product shall not alter any warranty on such Product.
- Permitted Subcontractors. Seller shall obtain Sloan’s written consent prior to entering into agreements with or otherwise engaging any person or entity, including all subcontractors and Affiliates of Seller, other than Seller’s employees, to provide any Services to Sloan (each such approved subcontractor or other third-party, a “Permitted Subcontractor”). Sloan’s approval shall not relieve Seller of its obligations under these Terms, and Seller shall remain fully responsible for the performance of each such Permitted Subcontractor and its employees and for their compliance with all of the terms and conditions of these Terms as if they were Seller’s own employees. Nothing contained in these Terms shall create any contractual relationship between Sloan and any Permitted Subcontractor or supplier.
- Deliverables. Seller agrees Sloan will exclusively own all Deliverables. Any copyrightable aspects of Deliverables are “works made for hire” to the full extent permitted by law. If any Deliverables are determined not to be owned by Sloan, Seller shall assign to Sloan Seller’s entire right, title and interest in all Deliverables and all intellectual property rights therein. Seller shall execute any documents in connection with such assignment that Sloan may reasonably request. Seller appoints Sloan its attorney-in-fact to execute assignments of, and register all rights to, the Deliverables and the intellectual property rights therein. Seller shall obtain, and provide to Sloan upon request, agreements with each contributor to the Deliverables consistent with these obligations and shall enforce such agreements. For purposes hereof, “Deliverables” means the output of Seller’s Services to Sloan, including all materials, ideas, concepts, know-how and other embodiments thereof (e.g., all equipment, software, improvements to real estate, results, patentable and non-patentable concepts, findings, data, analysis documentation and reports), and any improvements to any of the foregoing, in each case, whether tangible or intangible, whether newly created or pre-existing and regardless of the state of completion.
- Warranty. Seller warrants to Sloan that for the period of time specified in the Purchase Order, or, if no period is specified, the longer of (i) the longest warranty period Seller provides its end users of Products or Services or, (ii) thirty six (36) months after the date of Sloan’s acceptance of the Products, that all Products will be free from any defects in workmanship, material and design or twelve (12) months after completion of any Services, that all Services were performed in a professional and workmanlike manner, free from defects and in accordance with the highest industry standards and any applicable specifications. Seller further warrants and represents that the Products will conform to applicable specifications, drawings, designs, samples and other requirements specified by Sloan; be fit for their intended purpose and operate as intended; be merchantable; and be free and clear of all liens, security interests or other encumbrances. Further, Seller represents and warrants that: (a) all patents, trademarks, trade names, trade dress, copyrights, trade secrets, rights of publicity and other intellectual property rights (other than Sloan IP Rights) used by Seller in connection with the Deliverables or in the development or manufacture of the Products (collectively, “Seller IP”) are either owned by Seller or Seller has been and is properly authorized by the owner of such rights to use such intellectual property rights in connection with such Products and to sell such Products incorporating such Intellectual Property Rights to Sloan or its customers for use or further resale and (b) the Products will not, at the time delivered, offered for sale or sold by Sloan or its customers, infringe any Intellectual Property Right of any third party. Seller shall notify Sloan’s Legal Department in writing by certified mail, return receipt requested, within five (5) business days after it has knowledge of any claim or allegation of infringement, misuse, dilution, misappropriation, or other violation of any Sloan IP Rights (defined in Section 18), in any way related to or affecting the Products. The warranties set forth herein survive any delivery, inspection, acceptance, or payment of or for the Products by Sloan. Seller warrants to Sloan that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms. The warranties set forth in this Section 15 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Seller’s discovery of the noncompliance of the Products or Services with the foregoing warranties. If Sloan gives Seller notice of noncompliance pursuant to this Section 15, Seller shall, at its own cost and expense, within two (2) business days after Sloan’s notice, (I) either, at Sloan’s option, (A) replace or repair the defective or nonconforming Products and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming Products to Seller and the delivery of repaired or replacement Products to Sloan, or (B) refund the Price to Sloan for the defective or nonconforming Products and pay for all related expenses, including, but not limited to, transportation charges for the destruction or return of the defective or nonconforming Products to Seller, and (II) if applicable, repair or re-perform the applicable Services without further consideration. If Seller fails to timely deliver any replacement Products or Services, Sloan may replace them with goods or services from a third-party and charge Seller the cost thereof.
- Indemnification. You agree to indemnify and hold harmless Sloan and their respective officers, directors, employees, managers, agents, successors and assigns (collectively, “Indemnitees”) from and against any and all claims or demands (including reasonable attorneys’ and experts’ fees and costs) made by any party due to or arising out of (a) the Products purchased and/or Services provided from Seller, (b) Seller’s breach of these Terms, negligence or willful misconduct, or breach of any law or the rights of a third party, or (c) any claim that Sloan’s or Indemnitee’s use or possession of the Products or use of the Services infringes or misappropriates the patent, copyright, trade secret or other intellectual property right of any third-party.
- Insurance. At all times, Seller shall, at its own expense, maintain and carry insurance in full force and effect in commercially reasonable amounts to cover all its Services, Products, obligations and liabilities under these Terms and all Purchase Orders, with financially sound and reputable insurers. Upon Sloan’s request, Seller shall deliver to Sloan a certificate of insurance evidencing the above coverages. Sloan, in its discretion, reserves the right to request that Seller obtain additional coverages.
- Sloan Intellectual Property. Seller acknowledges that Sloan has the exclusive right, title, and interest in all of intellectual property rights owned or licensed by Sloan, including, but not limited to, any Sloan specifications (and any improvements thereto) used in the development of the Deliverables or Products (“Sloan IP Rights”). Neither these Terms nor any Purchase Order are a transfer or assignment of any right, title, or interest in the Sloan IP Rights to Seller. Any license to Sloan IP Rights under these Terms must be expressly stated and any such license will be non-delegable and revocable by Sloan upon notice to Seller. Seller must not do or cause to be done anything that impairs Sloan’s interest in the Sloan IP Rights. Seller must not use, modify, duplicate, display or perform any Sloan IP Rights unless Seller has obtained Sloan’s prior written approval. Any permitted use by Seller of the Sloan IP Rights under a Purchase Order is limited to the term of the Purchase Order. Upon the expiration or termination of the Purchase Order or these Terms, or upon Sloan’s request, Seller must immediately cease all use of the Sloan IP Rights and promptly return all materials to Sloan.
- Seller Intellectual Property. Seller has and shall maintain the exclusive right, title, and interest in and to the Seller IP. Seller hereby grants to Buyer an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license, with the right to grant sublicenses, to use Seller’s IP to produce, use, sell and to obtain, from alternate sources, products and services similar to the Deliverables and Products (including related systems and components) following the termination of these Terms or Purchase Order, and in connection with Sloan’s rights hereunder, to purchase Products from an alternative source at any time.
- Compliance with Laws. Seller agrees to comply with all laws and regulations applicable to the manufacture, transport, storage, packaging, and/or sale of the Products or Services, including, without limitation, to the extent applicable, the U.S. Export Administration Act and all regulations thereunder. Seller shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms.
- Termination. In addition to any remedies that may be provided under these Terms, Sloan may terminate any applicable Purchase Order with immediate effect upon written notice to the Seller, either before or after the acceptance of the Products or delivery of Services. If Sloan terminates these Terms and the applicable Purchase Order for any reason, Seller’s sole and exclusive remedy is payment for the Products received and accepted and Services accepted by Sloan prior to the termination.
- Confidentiality. From time to time during the term of the Purchase Orders, Sloan (as the “Disclosing Party”) may disclose or make available to the Seller (as the “Receiving Party”) information about its business affairs, goods and services, confidential information and materials comprising or relating to Intellectual Property Rights, third-party confidential information and other sensitive or proprietary information. Such information, as well as these Terms, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” constitutes “Confidential Information” hereunder. Receiving Party shall for a period of five (5) years from receipt of such Confidential Information:
The Receiving Party shall be responsible for any breach of this Section 22 caused by any of its affiliates, employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or advisors (collectively, “Representatives”). Without limitation of the foregoing, the terms of the confidentiality agreement heretofore entered into by the parties (the “Confidentiality Agreement”) (if any) are incorporated herein by reference and shall remain in force and effect until expiration of the term of the last outstanding Purchase Order (and thereafter in accordance with the terms of the Confidentiality Agreement). To the extent there is a conflict between the terms of this Section 22 and the terms of the Confidentiality Agreement, the more stringent confidentiality obligations shall apply to the parties.
eCOMMERCE RESELLER POLICY
Effective July 17th 2024
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eCOMMERCE RESELLER POLICY
Effective Date: September 1st, 2023
This eCommerce Reseller Policy (“Policy”) is issued by Sloan Valve Company, Sloan Global Holdings LLC, and/or Sloan Marketplace LLC (collectively with its affiliates, "Sloan", "we" or "our") and applies to all resellers of Sloan Products. "Products" means product(s) manufactured by or for Sloan, or which are otherwise sold or marketed by Sloan, which have been provided to you, or will be provided to you, by Sloan or its affiliates. By purchasing Products from Sloan, you are expected to abide by the following terms.
You are an authorized reseller of Sloan Products if you are a distributor that has a direct account with Sloan that is in good standing (“Authorized Reseller”). You will remain an Authorized Reseller unless Sloan revokes your Authorized Reseller status, in Sloan’s sole and absolute discretion. Sloan may review your activities for compliance with this Policy, and Authorized Resellers are expected to cooperate with any such review. Sloan will notify you in writing of any material updates or modifications made to this Policy. If you are not an Authorized Reseller, you are not authorized to sell Sloan’s Products online without Sloan’s written approval to do so.
The following are Sloan’s expectations of you as an Authorized Reseller:
- Authorized Sales and Territories
Authorized Resellers may sell Products:
An Authorized Reseller may NOT:
Selling or transferring Products to any person or entity you know or have reason to know intends to resell the Products online, whether on their own website, on a third-party marketplace, or via any other ecommerce channel, is not permitted and will subject you to the penalties outlined in this Policy.
Sell-Through Data. Upon request from Sloan, you must provide reasonably requested sell-through data for sales of the Products.
Permitted Websites (See Exhibit A). You are approved to sell Products through Permitted Websites in accordance with the terms of this Policy. A “Permitted Website” is a website or mobile application that is operated in compliance with this Policy, including the Requirements for eCommerce Sales, attached hereto as Exhibit A, as may be amended by Sloan at any time in its sole discretion. Sloan reserves the right to terminate, in its sole discretion, its approval for you to sell or market Sloan Products, and you must cease all such use immediately upon your receipt of Sloan’s notice of termination.
No sale of Products obtained from unapproved sources. Any person or entity selling Sloan Products through ecommerce channels that did not procure the product from Sloan directly is not authorized to sell Sloan Products online or use Sloan trademarks, copyrights, images or product information without Sloan’s explicit written approval. Sloan reserves the right to take enforcement action against the seller and supplier of the Product in accordance with this policy.
Product Storage. You must comply with any instructions provided by Sloan regarding the handling, storage, transport, disposal, or other logistical aspects of the Products, including any instructions provided on Product labels and/or data safety sheets.
Product Packaging. You must sell Products in their original packaging. Alterations to Products or their packaging are not allowed, unless approved in writing by Sloan. Do not remove or modify any label or remove or revise any literature accompanying the Products. You may not represent, advertise, or resell any Product as “new” that has been returned opened or repackaged in any way.
Product Knowledge. You must be familiar with the Sloan Products you sell and maintain sufficient Product knowledge to be able to educate customers on the proper and safe use of them, as well as any applicable warranties.
Sloan expects that you sell and advertise Sloan’s products, and otherwise operate your business, in a legal and ethical manner. You must not engage in any false, misleading, deceptive or similarly illegal or unethical advertising or other behavior. You may not make any warranties or representations concerning the Products except as approved in writing by Sloan.
Sloan, its affiliates, or its licensors own all proprietary rights in and to the Sloan and affiliated brands, names, logos, trademarks, service marks, trade dress, copyrights, images, and other intellectual property related to the Products (the “Sloan IP”). You must cease any use of the Sloan IP upon suspension or termination of your status as an Authorized Reseller. Your use of the Sloan IP must be in accordance with any brand guidelines Sloan may provide from time to time, and must be commercially reasonable as to the size, placement, and other manners of use. Sloan reserves the right to review and approve, in its sole discretion, your use or intended use of the Sloan IP at any time, without limitation. Unless expressly approved in writing by Sloan, you may not create, register, or use any domain name or any mobile application that contains any Sloan product name or any trademark owned by or licensed to Sloan, nor a misspelling or confusingly similar variation of any Sloan product name or any trademark owned by or licensed to Sloan.
You may only extend to any end user of the Products Sloan’s original manufacturer’s warranty, in accordance with its terms. You may not modify or alter Sloan’s original manufacturer’s warranty, represent, or characterize Sloan’s original manufacturer’s warranty in any misleading manner.
If you violate this Policy, Sloan reserves the right to subject you to enforcement actions at Sloan’s discretion including but not limited to:
If your Authorized Reseller status is suspended or revoked, you must immediately stop: (i) selling the Products; (ii) acting in any manner that gives the impression that you are an Authorized Reseller of the Products or have any affiliation whatsoever with Sloan; and (iii) using all Sloan IP.
EXHIBIT A
REQUIREMENTS FOR eCOMMERCE SALES
All of your sales of Sloan Products on Permitted Websites must adhere to the following requirements:
- You must operate through the Permitted Websites in the legal name or registered trade name of the organization that you have on file with Sloan. The Permitted Websites must not give the appearance that they are operated by Sloan, unless Sloan expressly approves all such elements in writing.
- Your full legal name or registered trade name, mailing address, email address, and telephone contact must be provided to Sloan and must be easily found on the Permitted Websites and must be included with any shipment of Products from the Permitted Websites or in an order confirmation email sent at the time of purchase. You may not sell anonymously or under a name not provided to Sloan.
- At Sloan’s request, you must reasonably cooperate in demonstrating and/or providing access to, and copies of, all web pages on the Permitted Websites that are under your control or on which you otherwise display the Products for sale.
- The Permitted Websites must provide and disclose methods for customers to submit inquiries and feedback (“Customer Inquiries”) to you. You must use reasonable efforts to address all Customer Inquiries received in a timely manner. You agree to provide copies of any information related to Customer Inquiries (including your responses) to Sloan for review upon request. You agree to cooperate with Sloan in the investigation of negative reviews associated with your sale of the Products and to use reasonable efforts to resolve any complaints. You must maintain all records related to Customer Inquiries for a period of three (3) years following the creation or submission of such a record, to the extent legally permitted.
- Permitted Websites under your control must comply with all applicable privacy, accessibility, privacy, data security and other laws, regulations, and industry standards, accessibility standards, and all applicable Payment Card Industry (PCI) data security standards. You are responsible for all fulfillment to your customers who order Products through Permitted Websites, any applicable taxes associated with such purchases of Products, and any returns of Products.
- All uses of Sloan IP must be in compliance with Sloan’s Brand Guidelines, located at, as may be amended from time to time by Sloan in its sole discretion. Unless otherwise approved by Sloan in writing, you may only use Product images and product content supplied by or approved by Sloan to market the Products on Permitted Websites. You must keep all Product images, descriptions and content up to date. You may reach out to your Sloan representative to obtain the most up to date approved Product images. By using Sloan IP, you agree to Sloan’s copyright agreement, as provided or updated by Sloan from time to time.
Quotation Terms and Conditions
Effective February 26th 2025
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10500 Seymour Ave., Franklin Park, IL. 60131 U.S.A.www.sloan.com
QUOTATION TERMS AND CONDITIONS
The following terms and conditions (these “Terms”) shall apply to each quotation and custom estimate (“Quote”) requested by or submitted to the potential buyer identified on the applicable Quote (“Buyer” or “you”) for the purchase of products and related services (the “Products”) from Sloan Valve Company and its Affiliates (together Sloan Valve Company and its Affiliates shall be referred to herein as, “Sloan”). All orders and sales of Sloan Products are subject to final approval by Sloan via a written order confirmation (the “Order Confirmation”). By requesting, obtaining, or accepting a Quote, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment or other agreement with regard to these Terms shall be binding upon Sloan unless made in writing and signed by an authorized officer of Sloan. For purposes herein, the term “Affiliate” means any entity that is controlled by, or is under common control or ownership with, Sloan Valve Company or Sloan Global Holdings, LLC, where the term “control” means possession, directly or indirectly, of fifty percent (50%) or more of the voting securities in the entity or the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- Expiration: Except as otherwise set forth in the Quote, the Quote is subject to acceptance by Buyer within sixty (60) days and is subject to withdrawal at any time before acceptance, without notice. After the expiration of such sixty (60) day period, the Quote shall expire and Buyer must obtain a new Quote.
- Applicability of Quote: The Quote is applicable to the request made by you for the purchase of Sloan Products. In the event you have any changes to your request prior to accepting the Quote, you must obtain a new Quote. The Quote is not a binding contract or purchase order, and Sloan reserves the right to change any prices and delivery schedules reflected on any Quote due to tariffs, trade barriers, supply chain issues, government actions or other reasons beyond its control. Notwithstanding the foregoing, in consideration of receiving the Quote, you agree to be bound by these Terms.
- Acceptance and Terms of Sale: Buyer must approve the Quote and submit an order to Sloan, in writing (electronic submission shall suffice), within the period described in Section 1 above to order the Products referenced in such Quote. Upon Sloan’s acceptance of the Buyer’s order, Sloan shall issue an Order Confirmation, and upon issuance shall constitute a binding contract for the purchase and sale of the Products described in such Order Confirmation. The purchase of the Product(s) identified in the Order Confirmation shall be subject to and governed by, the Terms of Sale. By placing an order, Buyer accepts and agrees to the Terms of Sale.
- Cancellation: Sloan reserves the right to cancel the Quote at any time.
- Deviations: Any deviation or alteration of the specifications contained in the Quote accepted by Buyer shall only be honored by Sloan pursuant to a written change order executed by Sloan and Buyer. Buyer shall be responsible for all costs incurred by Sloan associated with such change order.
- Product Materials Disclaimer: The stones and other materials incorporated in Sloan’s Products vary in color, grain, veins, surface finish, and character. Accordingly, Products ordered by Buyer may differ in color, grain, vein, surface finish, or character than any models, stones, or other materials shown in the Quote or on Sloan’s website.
- Assumptions: The assumptions Sloan made in preparing the Quote vary based upon the information you provide Sloan, including measurements and other specifications. Sloan makes no representation or warranty that the products identified in the Quote will satisfy your needs. You represent and warrant that the information you provide Sloan is accurate and complete and Sloan can rely on such information in preparing the Quote. Unless otherwise specifically agreed to in a separate writing, Sloan is not obligated to keep confidential any commercial or technical information transmitted to Sloan by you.
- Quote Materials: The Quote and all designs, renderings, pictures, plans, schemes, and other materials within the Quote (“Quote Materials”) are and at all times shall remain the sole and exclusive proprietary property of Sloan. You shall have the limited right to use the Quote Materials solely in connection with your determination of whether to accept the Quote. You must keep confidential and shall not disclose the Quote Materials to any third party without the prior written consent of Sloan, which may be withheld or granted in Sloan’s sole discretion.
- Lead Times. Production schedules change daily. Accordingly, all lead times referenced in the Quote and/or the Order Confirmation are subject to change by Sloan.
Effective July 22nd 2024 to February 26th 2025
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10500 Seymour Ave., Franklin Park, IL. 60131 U.S.A.www.sloan.com
QUOTATION TERMS AND CONDITIONS
The following terms and conditions (these “Terms”) shall apply to each quotation and custom estimate (“Quote”) requested by or submitted to the potential buyer identified on the applicable Quote (“Buyer” or “you”) for the purchase of products and related services (the “Products”) from Sloan Valve Company and its Affiliates (together Sloan Valve Company and its Affiliates shall be referred to herein as, “Sloan”). All orders and sales of Sloan Products are subject to final approval by Sloan via a written order confirmation (the “Order Confirmation”). By requesting, obtaining, or accepting a Quote, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment or other agreement with regard to these Terms shall be binding upon Sloan unless made in writing and signed by an authorized officer of Sloan. For purposes herein, the term “Affiliate” means any entity that is controlled by, or is under common control or ownership with, Sloan Valve Company or Sloan Global Holdings, LLC, where the term “control” means possession, directly or indirectly, of fifty percent (50%) or more of the voting securities in the entity or the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- Expiration: Except as otherwise set forth in the Quote, the Quote is subject to acceptance by Buyer within sixty (60) days and is subject to withdrawal at any time before acceptance, without notice. After the expiration of such sixty (60) day period, the Quote shall expire and Buyer must obtain a new Quote.
- Applicability of Quote: The Quote is applicable to the request made by you for the purchase of Sloan Products. In the event you have any changes to your request prior to accepting the Quote, you must obtain a new Quote. The Quote is not a binding contract or purchase order. Notwithstanding the foregoing, in consideration of receiving the Quote, you agree to be bound by these Terms.
- Acceptance and Terms of Sale: Buyer must approve the Quote and submit an order to Sloan, in writing (electronic submission shall suffice), within the period described in Section 1 above to order the Products referenced in such Quote. Upon Sloan’s acceptance of the Buyer’s order, Sloan shall issue an Order Confirmation, and upon issuance shall constitute a binding contract for the purchase and sale of the Products described in such Order Confirmation. The purchase of the Product(s) identified in the Order Confirmation shall be subject to and governed by, the Terms of Sale. By placing an order, Buyer accepts and agrees to the Terms of Sale.
- Cancellation: Sloan reserves the right to cancel the Quote at any time.
- Deviations: Any deviation or alteration of the specifications contained in the Quote accepted by Buyer shall only be honored by Sloan pursuant to a written change order executed by Sloan and Buyer. Buyer shall be responsible for all costs incurred by Sloan associated with such change order.
- Product Materials Disclaimer: The stones and other materials incorporated in Sloan’s Products vary in color, grain, veins, surface finish, and character. Accordingly, Products ordered by Buyer may differ in color, grain, vein, surface finish, or character than any models, stones, or other materials shown in the Quote or on Sloan’s website.
- Assumptions: The assumptions Sloan made in preparing the Quote vary based upon the information you provide Sloan, including measurements and other specifications. Sloan makes no representation or warranty that the products identified in the Quote will satisfy your needs. You represent and warrant that the information you provide Sloan is accurate and complete and Sloan can rely on such information in preparing the Quote. Unless otherwise specifically agreed to in a separate writing, Sloan is not obligated to keep confidential any commercial or technical information transmitted to Sloan by you.
- Quote Materials: The Quote and all designs, renderings, pictures, plans, schemes, and other materials within the Quote (“Quote Materials”) are and at all times shall remain the sole and exclusive proprietary property of Sloan. You shall have the limited right to use the Quote Materials solely in connection with your determination of whether to accept the Quote. You must keep confidential and shall not disclose the Quote Materials to any third party without the prior written consent of Sloan, which may be withheld or granted in Sloan’s sole discretion.
- Lead Times. Production schedules change daily. Accordingly, all lead times referenced in the Quote and/or the Order Confirmation are subject to change by Sloan.
Warranty Policies
Effective July 22nd 2024
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Please use this link to access the Warranty Policies for the applicable time frame: https://legal.sloan.com/warranty-policy.html
Conflict Minerals Policy
Effective July 22nd 2024
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CONFLICT MINERALS POLICY
Sloan Global Holdings, LLC ("Sloan") is committed to business practices that foster the health and safety of people, including a commitment to compliance with requirements related to the sourcing of certain minerals and derivatives, commonly known as tin, tantalum, tungsten, and gold ("Conflict Minerals") within Section 1502 of the United States Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank"). Dodd-Frank implemented reporting and disclosure requirements related to the sourcing of Conflict Minerals that may, directly or indirectly, finance or benefit armed groups in the Democratic Republic of the Congo or adjoining countries (collectively, the “DRC Countries”).
To that end, Sloan is working with its suppliers to confirm that their products do not contains Conflict Minerals that directly or indirectly finance, or benefit armed groups in DRC Countries by communicating this policy to its suppliers and encouraging its suppliers to adopt similar policies and undertake reasonable due diligence with respect to their supply chains. If Sloan becomes aware of a supplier who is sourcing Conflict Mineral containing product that directly or indirectly finances or benefits armed groups in the DRC Countries, Sloan will work with such supplier to eliminate such sourcing from its supply chain.
Questions or concerns regarding Sloan’s conflict minerals policy or procedures should be directed to compliance@sloan.com.
Sloan Marketplace Policies
Effective July 22nd 2024
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Please use this link to access the Sloan Marketplace Policies: https://legal.sloan.com/sloan-marketplace.html
Purchase Order Terms and Conditions
Effective July 22nd 2024
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PURCHASE ORDER TERMS AND CONDITIONS
Effective Date: February 6, 2022
The following Purchase Order Terms and Conditions (these “Terms”) shall apply to the purchase of products (the “Products”) and/or services (the “Services”) by Sloan Valve Company and its Affiliates (together Sloan Valve Company and its Affiliates shall be referred to herein as, “Sloan”). These Terms, along with the Sloan Purchase Order (the “Purchase Order”) delivered by Sloan constitute the entire integrated agreement between the seller of such Products and/or Services (“Seller” or “you”) and Sloan concerning such Products and/or Services. By selling the Products or performing the Services, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment, or other agreement with regard to these Terms shall be binding upon Sloan unless made in writing and signed by an authorized officer of Sloan. For purposes herein, the term “Affiliate” means any entity that is controlled by, or is under common control or ownership with, Sloan Valve Company or Sloan Global Holdings, LLC, where the term “control” means possession, directly or indirectly, of fifty percent (50%) or more of the voting securities in the entity or the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- Construction and Order of Precedence. Except with respect to those provisions in any written agreement signed by both Buyer and Sloan which govern the purchase of the same Products or Services described in a Purchase Order (the “Master Purchase and Sale Agreement”), and which provisions are expressly to the contrary, these Terms shall apply to, and are incorporated into, all oral or written contracts, obligations, understandings, commitments, leases, licenses, purchase orders, bids, arrangements and/or transactions between or among you and Sloan, existing on the date hereof or hereafter executed and supersede all previous communications and understandings that are inconsistent with these Terms. Any documents other than the Master Purchase and Sale Agreement, including any documents, forms, or other terms or conditions provided heretofore or hereafter by Seller to Sloan, which are not signed by an authorized representative of Sloan, are not part of these Terms and shall have no effect on the parties. These Terms, the Purchase Order and if applicable, the Master Purchase and Sale Agreement, contain the entire understanding of Sloan and Seller with respect to the subject matter thereof and may not be supplemented or modified by course of dealing, course of performance, any oral communication between the parties, or any response by Seller, whether oral or written, purporting to modify or supplement the terms of any of the foregoing documents unless such response is in writing and executed or consented to in writing by an authorized representative of Sloan. Any ambiguity, conflict or inconsistency among the documents for the purchase and sale of any Product or Service shall be resolved according to the following order of precedence: (a) the Purchase Order; (b) if applicable, the Master Purchase and Sale Agreement or any other written agreement pertaining to the purchase and sale of the Products or Services signed by both Seller and Sloan; and (d) these Terms.
- Scope of Work. The Products manufactured and/or the Services provided by Seller will be in strict accordance with the scope of work and specifications set forth in the Purchase Order.
- Bailment.
- All supplies, materials, machinery, equipment, tooling design files, drawings, photographic negatives and positives, artwork, copy layout, electronic data and other items, furnished by Sloan, either directly or indirectly, to Seller or to any supplier of Seller in connection with or related to any Purchase Order, or for which Seller has been at least partially reimbursed by Sloan (collectively, and as may be modified from time to time, the “Bailed Property”) is and will at all times remain the property of Sloan and be held by Seller on a bailment-at-will basis.
- Only Sloan has any right, title or interest in and to Bailed Property, except for Seller’s limited right, subject to Sloan’s sole discretion, to use the Bailed Property solely in the performance of Seller’s obligations under these Terms. Seller shall bear the risk of loss of and damage to Sloan’s Bailed Property; the Bailed Property shall at all times be properly housed and maintained by Seller; shall be conspicuously marked “Property of Sloan” by Seller; shall not be commingled with the property of Seller or any third-party; and shall not be moved from Seller’s premises without the prior written approval by Sloan. Sloan may, at any time, for any reason and without payment of any kind, retake possession of any Bailed Property without the necessity of payment or notice to Seller, or a hearing or a court order, which rights, if any, are waived by Seller. Upon the expiration or termination of the Purchase Order or these Terms, or upon Sloan’s request, Seller must immediately cease all use of the Bailed Property and promptly release the same to Sloan or deliver such Bailed Property to Sloan to any location designated by Sloan, in which event Sloan shall pay to Seller the reasonable cost of delivery. Seller’s continued use of or holding of Bailed Property after demand has been made by Sloan for delivery will substantially impair the value thereof, and, accordingly, Sloan will be entitled to a court order of possession without any need or proving damages or a bond. To the fullest extent permitted by law, Seller shall not allow any encumbrance to be imposed on or attach to the Bailed Property through Seller or as a result of Seller’s action or inaction, and Seller hereby waives any encumbrance that it may have or acquire in the Bailed Property.
- SLOAN HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE BAILED PROPERTY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
- Prices. The price of the Products and/or Services is the price stated in the Purchase Order (the “Price”). Unless otherwise specified in the Purchase Order, the Price includes all packaging, handling, insurance, custom duties, commissions to selling agents, incidental charges, and fees and applicable taxes, including, but not limited to, all sales, use or excise taxes. No increase in the Price is effective, whether due to increased material, labor, or transportation costs, or otherwise, without the prior written consent of Sloan.
- Payment. Unless otherwise specified in the Purchase Order, Seller shall issue an invoice to Sloan on or any time after the completion of delivery of the Products and/or of the Services, as applicable. Unless the Purchase Order states otherwise, Sloan shall initiate payment on all properly invoiced amounts due to Seller within sixty (60) days after Sloan’s receipt of such invoice, except for any amounts disputed by Sloan in good faith. The parties shall seek to resolve any payment disputes expeditiously and in good faith. Seller shall continue performing its obligations under these Terms notwithstanding any such dispute. Sloan has no obligation to pay any amount first invoiced more than six (6) months after such amount accrued. Seller shall, if Sloan desires, accept all payments in U.S. Dollars. Sloan may make payments using “Electronic Funds Transfer” (“EFT”) or ePayables (credit card settlement), in which case Seller shall complete and deliver such applications and authorizations as Sloan customarily requires for these purposes. Without prejudice to any other right or remedy it may have, Sloan reserves the right to set off at any time any amount owing to it by Seller (including, but not limited to, any indemnification or late penalty obligations) against any amount payable by Sloan to Seller.
- Modification of Purchase Order. Sloan may modify or cancel any Purchase Order for any reason, within two (2) business days of submission to Seller.
- Shipment and Delivery. Seller shall deliver the Products in the quantities and on the date(s) specified as the Due Date in the Purchase Order or as otherwise agreed in writing by the parties (the “Due Date”). If no Due Date is specified, Seller shall deliver the Products within thirty (30) days of Sloan’s submission of its Purchase Order to Seller, via email, EDI or facsimile. If Seller fails to deliver the Products in full on the Due Date, Sloan may terminate these Terms and/or the applicable Purchase Order immediately by providing written notice to Seller and Seller shall reimburse and indemnify Sloan against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Products on the Due Date. Seller shall deliver all Products to the shipping address specified in the Purchase Order (the “Delivery Point”) during Sloan’s normal business hours or as otherwise instructed by Sloan. Seller shall pack all goods for shipment according to Sloan’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Products are delivered in undamaged condition. Seller must provide Sloan prior written notice if it requires Sloan to return any packaging material. Any return of such packaging material shall be made at Seller’s risk of loss and expense. Seller shall provide the Services to Sloan as described and in accordance with the schedule set forth on the applicable Purchase Order. Seller acknowledges that time is of the essence with respect to Seller’s obligations hereunder and the timely delivery of the Products and Services, including all performance dates, timetables, project milestones and other requirements in the Purchase Order and these Terms. Except as otherwise provided in the Purchase Order, Seller shall ship the Products to Sloan’s facility, FCA (Incoterms 2020). Shipments and packaging will comply with Sloan’s packaging guidelines and shall comply with applicable law. Shipments sent C.O.D. without Sloan’s written consent will not be accepted and will be at Seller’s risk. Shipments will comply with Sloan’s freight routing guides when using Sloan’s freight accounts. If freight policy is not properly followed by Seller, Sloan reserves the right to charge back the Seller for freight expenses. If Seller is unable to meet the required Due Date with normal modes of transportation, Seller is responsible for all costs associated with expedited freight.
- Late Delivery and Penalty. Without limitation of its rights in Section 7 above, Sloan may, in its discretion, agree to accept a late delivery; provided, that Sloan shall get a credit, for every five (5) days of delay, a penalty amounting to one percent (1%) of the total value of the Products whose shipment has been delayed. Any fractional part of a week is to be considered as a full week. The total amount of penalty shall not, however, exceed ten percent (10%) of the total value of the Products involved in late shipment and is to be deducted from the amount due at the time of payment.
- Title and Risk of Loss. Title and risk of loss passes to Sloan upon delivery of the Products at the Delivery Point.
- Inspection. Sloan has the right to inspect the Products on or after the Due Date. Sloan, at its sole option, may inspect all or a sample of the Products, and may reject all or any portion of the Products if it determines the Products are nonconforming or defective. If Sloan rejects any portion of the Products, Sloan has the right, effective upon written notice to Seller, to: (a) terminate the applicable Purchase Order in its entirety; (b) accept the Products at a reasonably reduced price; or (c) reject the nonconforming or defective Products and require replacement of such rejected Products in accordance with Section 15 below. Any payment in full for the Products, inspection or other action by Sloan under this Section 10 shall not reduce or otherwise affect Sloan’s rights or Seller’s obligations under these Terms. Without limitation of the foregoing, Sloan shall have the right to conduct further inspections after Seller has carried out its remedial actions.
- Change Orders. Seller shall not make any changes or substitutions to the Products ordered under any Purchase Order without the prior written consent of Sloan, through its authorized representative. Sloan may at any time, by written instructions and/or drawings issued to Seller (each a “Change Order”), order changes to the Services or the Products. Seller shall within the requested time frame, and if one is not stated, then within twenty-four (24) hours of receipt of a Change Order submit to Sloan any change in cost for the Change Order. If Sloan accepts such cost proposal, Seller shall proceed with the changed Services subject to the cost proposal and these Terms. Seller acknowledges that a Change Order may or may not entitle Seller to an adjustment in the Seller’s compensation or the performance deadlines under these Terms.
- Discontinued Products. Seller is a critical supplier to Sloan, and Sloan relies on Seller’s Products to fulfill orders to third- party customers, which orders contain specific requirements. Accordingly, any changes in the Products may impact Sloan’s ability to comply with its obligations to third parties. Seller shall therefore notify Sloan at least ninety (90) days in advance and in writing of all changes in raw materials or their source, formulation, manufacturing location, manufacturing methods or processes, packaging, shelf life, or other changes to any Products delivered pursuant to any applicable Purchase Order. Further, Seller shall notify Sloan at least ninety (90) days prior to the discontinuance of any Products. At a minimum, for ninety (90) days after Seller’s last delivery of a Product that will be discontinued, Seller will provide such Product for Sloan in accordance with Sloan’s Purchase Orders. Discontinuance or change to the specifications of a Product shall not alter any warranty on such Product.
- Permitted Subcontractors. Seller shall obtain Sloan’s written consent prior to entering into agreements with or otherwise engaging any person or entity, including all subcontractors and Affiliates of Seller, other than Seller’s employees, to provide any Services to Sloan (each such approved subcontractor or other third-party, a “Permitted Subcontractor”). Sloan’s approval shall not relieve Seller of its obligations under these Terms, and Seller shall remain fully responsible for the performance of each such Permitted Subcontractor and its employees and for their compliance with all of the terms and conditions of these Terms as if they were Seller’s own employees. Nothing contained in these Terms shall create any contractual relationship between Sloan and any Permitted Subcontractor or supplier.
- Deliverables. Seller agrees Sloan will exclusively own all Deliverables. Any copyrightable aspects of Deliverables are “works made for hire” to the full extent permitted by law. If any Deliverables are determined not to be owned by Sloan, Seller shall assign to Sloan Seller’s entire right, title and interest in all Deliverables and all intellectual property rights therein. Seller shall execute any documents in connection with such assignment that Sloan may reasonably request. Seller appoints Sloan its attorney-in-fact to execute assignments of, and register all rights to, the Deliverables and the intellectual property rights therein. Seller shall obtain, and provide to Sloan upon request, agreements with each contributor to the Deliverables consistent with these obligations and shall enforce such agreements. For purposes hereof, “Deliverables” means the output of Seller’s Services to Sloan, including all materials, ideas, concepts, know-how and other embodiments thereof (e.g., all equipment, software, improvements to real estate, results, patentable and non-patentable concepts, findings, data, analysis documentation and reports), and any improvements to any of the foregoing, in each case, whether tangible or intangible, whether newly created or pre-existing and regardless of the state of completion.
- Warranty. Seller warrants to Sloan that for the period of time specified in the Purchase Order, or, if no period is specified, the longer of (i) the longest warranty period Seller provides its end users of Products or Services or, (ii) thirty six (36) months after the date of Sloan’s acceptance of the Products, that all Products will be free from any defects in workmanship, material and design or twelve (12) months after completion of any Services, that all Services were performed in a professional and workmanlike manner, free from defects and in accordance with the highest industry standards and any applicable specifications. Seller further warrants and represents that the Products will conform to applicable specifications, drawings, designs, samples and other requirements specified by Sloan; be fit for their intended purpose and operate as intended; be merchantable; and be free and clear of all liens, security interests or other encumbrances. Further, Seller represents and warrants that: (a) all patents, trademarks, trade names, trade dress, copyrights, trade secrets, rights of publicity and other intellectual property rights (other than Sloan IP Rights) used by Seller in connection with the Deliverables or in the development or manufacture of the Products (collectively, “Seller IP”) are either owned by Seller or Seller has been and is properly authorized by the owner of such rights to use such intellectual property rights in connection with such Products and to sell such Products incorporating such Intellectual Property Rights to Sloan or its customers for use or further resale and (b) the Products will not, at the time delivered, offered for sale or sold by Sloan or its customers, infringe any Intellectual Property Right of any third party. Seller shall notify Sloan’s Legal Department in writing by certified mail, return receipt requested, within five (5) business days after it has knowledge of any claim or allegation of infringement, misuse, dilution, misappropriation, or other violation of any Sloan IP Rights (defined in Section 18), in any way related to or affecting the Products. The warranties set forth herein survive any delivery, inspection, acceptance, or payment of or for the Products by Sloan. Seller warrants to Sloan that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms. The warranties set forth in this Section 15 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Seller’s discovery of the noncompliance of the Products or Services with the foregoing warranties. If Sloan gives Seller notice of noncompliance pursuant to this Section 15, Seller shall, at its own cost and expense, within two (2) business days after Sloan’s notice, (I) either, at Sloan’s option, (A) replace or repair the defective or nonconforming Products and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming Products to Seller and the delivery of repaired or replacement Products to Sloan, or (B) refund the Price to Sloan for the defective or nonconforming Products and pay for all related expenses, including, but not limited to, transportation charges for the destruction or return of the defective or nonconforming Products to Seller, and (II) if applicable, repair or re- perform the applicable Services without further consideration. If Seller fails to timely deliver any replacement Products or Services, Sloan may replace them with goods or services from a third-party and charge Seller the cost thereof.
- Indemnification. You agree to indemnify and hold harmless Sloan and their respective officers, directors, employees, managers, agents, successors and assigns (collectively, “Indemnitees”) from and against any and all claims or demands (including reasonable attorneys’ and experts’ fees and costs) made by any party due to or arising out of (a) the Products purchased and/or Services provided from Seller, (b) Seller’s breach of these Terms, negligence or willful misconduct, or breach of any law or the rights of a third party, or (c) any claim that Sloan’s or Indemnitee’s use or possession of the Products or use of the Services infringes or misappropriates the patent, copyright, trade secret or other intellectual property right of any third-party.
- Insurance. At all times, Seller shall, at its own expense, maintain and carry insurance in full force and effect in commercially reasonable amounts to cover all its Services, Products, obligations and liabilities under these Terms and all Purchase Orders, with financially sound and reputable insurers. Upon Sloan’s request, Seller shall deliver to Sloan a certificate of insurance evidencing the above coverages. Sloan, in its discretion, reserves the right to request that Seller obtain additional coverages.
- Sloan Intellectual Property. Seller acknowledges that Sloan has the exclusive right, title, and interest in all of intellectual property rights owned or licensed by Sloan, including, but not limited to, any Sloan specifications (and any improvements thereto) used in the development of the Deliverables or Products (“Sloan IP Rights”). Neither these Terms nor any Purchase Order are a transfer or assignment of any right, title, or interest in the Sloan IP Rights to Seller. Any license to Sloan IP Rights under these Terms must be expressly stated and any such license will be non-delegable and revocable by Sloan upon notice to Seller. Seller must not do or cause to be done anything that impairs Sloan’s interest in the Sloan IP Rights. Seller must not use, modify, duplicate, display or perform any Sloan IP Rights unless Seller has obtained Sloan’s prior written approval. Any permitted use by Seller of the Sloan IP Rights under a Purchase Order is limited to the term of the Purchase Order. Upon the expiration or termination of the Purchase Order or these Terms, or upon Sloan’s request, Seller must immediately cease all use of the Sloan IP Rights and promptly return all materials to Sloan.
- Seller Intellectual Property. Seller has and shall maintain the exclusive right, title, and interest in and to the Seller IP. Seller hereby grants to Buyer an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license, with the right to grant sublicenses, to use Seller’s IP to produce, use, sell and to obtain, from alternate sources, products and services similar to the Deliverables and Products (including related systems and components) following the termination of these Terms or Purchase Order, and in connection with Sloan’s rights hereunder, to purchase Products from an alternative source at any time.
- Compliance with Laws. Seller agrees to comply with all laws and regulations applicable to the manufacture, transport, storage, packaging, and/or sale of the Products or Services, including, without limitation, to the extent applicable, the U.S. Export Administration Act and all regulations thereunder. Seller shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms.
- Termination. In addition to any remedies that may be provided under these Terms, Sloan may terminate any applicable Purchase Order with immediate effect upon written notice to the Seller, either before or after the acceptance of the Products or delivery of Services. If Sloan terminates these Terms and the applicable Purchase Order for any reason, Seller’s sole and exclusive remedy is payment for the Products received and accepted and Services accepted by Sloan prior to the termination.
- Confidentiality. From time to time during the term of the Purchase Orders, Sloan (as the “Disclosing Party”) may disclose or make available to the Seller (as the “Receiving Party”) information about its business affairs, goods and services, confidential information and materials comprising or relating to Intellectual Property Rights, third-party confidential information and other sensitive or proprietary information. Such information, as well as these Terms, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” constitutes “Confidential Information” hereunder. Receiving Party shall for a period of five (5) years from receipt of such Confidential Information:
The Receiving Party shall be responsible for any breach of this Section 22 caused by any of its affiliates, employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or advisors (collectively, “Representatives”). Without limitation of the foregoing, the terms of the confidentiality agreement heretofore entered into by the parties (the “Confidentiality Agreement”) (if any) are incorporated herein by reference and shall remain in force and effect until expiration of the term of the last outstanding Purchase Order (and thereafter in accordance with the terms of the Confidentiality Agreement). To the extent there is a conflict between the terms of this Section 22 and the terms of the Confidentiality Agreement, the more stringent confidentiality obligations shall apply to the parties.
Return Policy
Effective July 25th 2024
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RETURN MATERIAL AUTHORIZATION
At Sloan®, our goal is to ensure our customers are satisfied with their purchase. Our products are manufactured under the highest quality standards and are all backed by a limited warranty. If a product is found defective prior to or during installation, Sloan may issue a return material authorization (RMA) number and credit in exchange for the defective product.
Should the customer require a part to repair a product, the part should not be taken from another finished good unit. Refer the customer to Sloan Technical Support at 1-888-SLOAN14 (1-888-756-2614) or via email at techsupport@sloan.com. Parts in stock are usually sent out within 24 hours and customers will receive parts within 3 to 7 business days.
For non-inventoried items lead times may vary. Parts that are needed sooner will be handled on a per case basis.
If, after contacting Technical Support, the determination is made that a product cannot be serviced, a return and credit may be requested from the place of purchase. Credits will only be issued to a current Sloan distributor.
Upon receipt of the returned product, Sloan will inspect and test the product prior to issuing credit. Credit may be denied under the following conditions:
- The product returned does not match the RMA
- The returned unit is missing components
- The returned unit has been cannibalized
- The returned unit is out of the warranty period
- The product has been damaged via field service or installation
- The returned unit is not manufactured by Sloan
- The product is not defective
Defective Product
If a product is defective, the customer must include with its claim a specific description of the defect. For example, ‘Doesn’t work’ is not acceptable. ‘Faucet not activating’ would be a more appropriate description. If no apparent defect is found, the customer may be contacted to clarify the reason for the return.
Do not initiate a debit memo or make any deductions. Wait for a credit memo to be issued. As described above, full credit may be denied in some circumstances.
All Other Return Reasons and General Return Information:
- If the product is not received by Sloan within 30 days of creating the RMA, the RMA will expire.
- Credit is usually processed within 15 business days of product receipt
- Products which are determined to be defective or shipped incorrectly by Sloan will be credited at invoice price in addition to the return freight charge. Products returned for reasons other than defects or Sloan errors are subject to a minimum 25% handling charge, return freight is at customer’s expense. If the invoice is not available, then credit will be issued based on the previous price sheet if the price sheet is less than one year old.
- All returns must be authorized by the factory prior to returning. The factory will issue an RMA number along with correct return address.
- The RMA number must be visible on the outside of each carton being returned.
- All order cancellations and returns of special finish products NOT included in the Special Finishes Section of the price list are considered special order items and are subject to a minimum 50% handling charge and must be returned within one year, original invoice required.
- Custom sink orders are not returnable. For more detail refer to Sink Cancellation and Return Policy below.
- All returned material should be returned in the original, unopened shipping cartons or suitably packed. The material is to be packaged such that it will not be damaged during the return.
- Material over 2 years old is subject to a 50% handling charge. Any product over 3 years old will not be accepted.
- Deductions will be made for any material returned that is not in saleable condition. Material not in saleable condition will be returned to customer or scrapped at customer request.
- When material is to be returned, call your representative, who will contact the factory for an RMA number. The following information is necessary when requesting an RMA: Invoice Number Product Code Number Product Part Number Product Date Code Quantity
- Material returned as defective but, after inspection, is found serviceable, will be returned to the customer at their expense or scrapped with no credit issued. A test report will be available upon request.
- All returns are to be freight prepaid
- The RMA number must be on each load and each container
Pricing subject to change without notice. For most current pricing, refer to online price sheets at www.sloan.com.
Terms of Sale
Effective February 26th 2025
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TERMS OF SALE
Effective Date: February 26, 2025
The following Terms of Sale (these “Terms”) shall apply to the purchase and sale of products and/or related services (collectively, “Products”) offered by Sloan Valve Company and its Affiliates (together Sloan Valve Company and its Affiliates shall be referred to herein as, “Sloan”). These Terms, along with the Sloan order confirmation delivered to you upon submission of your purchase order (the “Order Confirmation”), and any other additional guidelines, terms, and agreements provided by Sloan or executed by both parties that are applicable to such Products (collectively, the “Other Agreements”), constitute the entire integrated agreement between the purchaser of such Products (“Buyer” or “you”) and Sloan, concerning such Products. By ordering the Products, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment or other agreement with regard to these Terms shall be binding upon Sloan unless made in writing and signed by an authorized officer of Sloan. For purposes herein, the term “Affiliate” means any entity that is controlled by, or is under common control or ownership with, Sloan Valve Company or Sloan Global Holdings, LLC, where the term “control” means possession, directly or indirectly, of fifty percent (50%) or more of the voting securities in the entity or the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- Construction and Order of Precedence. Except with respect to those provisions in any written agreement signed by both Buyer and Sloan which govern the purchase of the same Products described in an Order Confirmation (the “Master Purchase and Sale Agreement”), and which provisions are expressly to the contrary, these Terms shall apply to, and are incorporated into, all Other Agreements, all oral or written contracts, obligations, understandings, commitments, leases, licenses, purchase orders, bids, arrangements and/or transactions between or among you and Sloan, existing on the date hereof or hereafter executed and supersede all previous communications, Other Agreements and understandings that are inconsistent with these Terms. All documents other than the Master Purchase and Sale Agreement, including any documents, forms, or other terms or conditions provided heretofore or hereafter by Buyer to Sloan, which are not signed by an authorized representative of Sloan, are not part of these Terms and shall have no effect on the parties. These Terms, the Order Confirmation and the Other Agreements between you and Sloan (together with, if applicable, the Master Purchase and Sale Agreement) contain the entire understanding of Sloan and Buyer with respect to the subject matter thereof and may not be supplemented or modified by course of dealing, course of performance, any oral communication between the parties, or any response by Buyer, whether oral or written, purporting to modify or supplement the terms of any of the foregoing documents unless such response is in writing and executed or consented to in writing by an authorized representative of Sloan. Any ambiguity, conflict or inconsistency among the documents for the purchase and sale of any Product shall be resolved according to the following order of precedence: (a) the Order Confirmation; (b) any written agreement pertaining to the purchase and sale of the Products signed by both Buyer and Sloan or if applicable, the Master Purchase and Sale Agreement; and (c) these Terms.
- Order Confirmation. Once an Order Confirmation has been issued, you will confirm that the Products listed on the Order Confirmation, as well as the fees, are accurate and complete. IF YOU FAIL TO NOTIFY US OF ANY ALLEGED INACCURACY IN THE ORDER CONFIRMATION WITHIN TEN (10) DAYS OF RECEIPT, YOU WILL BE DEEMED TO HAVE IRREVOCABLY ACKNOWLEDGED THE ACCURACY OF THE ORDER CONFIRMATION. The minimum order value is $150.00 net. In the event an order is received under the stated minimum order value, a $25.00 service charge will be applied to the order. All service charges are non-refundable. Any order cancellations shall be subject to Sloan’s cancellation policy found at: https://legal.sloan.com.
- Prices. You agree to pay Sloan the purchase price set forth on the Order Confirmation together with all applicable sales taxes, use taxes, excise taxes, export duties and tariffs, and all freight, handling, and shipping charges. All prices, discounts, and promotions quoted by Sloan are subject to change by Sloan without notice. Unless expressly stated otherwise, prices for all Products are in US Dollars. Sloan strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Sloan reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Without limitation of the foregoing, Sloan may change prices and delivery schedules due to tariffs, trade barriers, government actions and other similar causes beyond Sloan's reasonable control. In such event, Sloan will notify the Buyer in writing in advance of any such changes.
- Payment. Terms of payment are within our sole discretion. Unless stated otherwise in your Order Confirmation, payment shall be made within thirty (30) days of the date of invoice. Payments are to be made via “Electronic Funds Transfer” (“EFT”), ePayables (credit card settlement), in which case Buyer shall complete and deliver such applications and authorizations as Sloan customarily requires for these purposes, or via check to Sloan, strictly net, without any deduction, offset or discount other than as expressly stated in the relevant Order Confirmation or as otherwise authorized by Sloan. Payments made via check shall be mailed to the following address:
9134 PAYSPHERE CIRCLE
CHICAGO, ILLINOIS 60674
If reflected in the Order Confirmation, Sloan shall provide Buyer with an early payment discount in the amount of two percent (2%) of the net invoiced amount (excluding taxes, freight, freight handling or shipping charges) if Buyer pays the full amount of the invoice within thirty (30) days of the invoice date. Payments made after the thirty first (31st) day from the invoice date shall be deemed late and subject to a late fee in the amount of the lesser of one percent (1%) of the unpaid balance per month or the highest amount permitted by applicable law, until the invoice has been paid in full.
5. Shipment and Delivery. Unless stated otherwise in the Order Confirmation, all prices are FOB Sloan facility as such term defined in the Uniform Commercial Code. Products shall be shipped via Sloan’s designated carrier under the following terms:
(i). For orders of products meeting the following order value thresholds, the shipping terms shall be prepaid freight within the United States (contiguous), to be based on the lowest rate medium of transportation:
A one-time $50.00 freight handling fee will be applied to all orders that qualify for prepaid freight.
Notwithstanding the foregoing, if Buyer chooses its own carrier, then delivery shall be ExWorks Sloan’s facility, as that term is defined in INCOTERMS 2020. Sloan shall have no obligation or risk of loss of or damage to Products following delivery at the facility, even if Sloan agrees to arrange for transportation as a courtesy to Buyer. Any such transportation shall be at Buyer's sole risk and expense.
Additional freight services, such as construction site delivery, lift gate delivery service, re-consigned freight or notification charges, are not included in FOB terms, and will result in additional freight charges. Buyer shall promptly notify Sloan of any claims for damage in transit or non-delivery and any such claims must be filed against the carrier by Sloan.
UPON SUBMISSION OF YOUR PURCHASE ORDER TO SLOAN AND YOUR RECEIPT OF AN ORDER CONFIRMATION FROM SLOAN, YOU ACKNOWLEDGE RECEIPT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Effective July 25th 2024 to February 26th 2025
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TERMS OF SALE
Effective Date: February 6, 2022
The following Terms of Sale (these “Terms”) shall apply to the purchase and sale of products and/or related services (collectively, “Products”) offered by Sloan Valve Company and its Affiliates (together Sloan Valve Company and its Affiliates shall be referred to herein as, “Sloan”). These Terms, along with the Sloan order confirmation delivered to you upon submission of your purchase order (the “Order Confirmation”), and any other additional guidelines, terms, and agreements provided by Sloan or executed by both parties that are applicable to such Products (collectively, the “Other Agreements”), constitute the entire integrated agreement between the purchaser of such Products (“Buyer” or “you”) and Sloan, concerning such Products. By ordering the Products, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment or other agreement with regard to these Terms shall be binding upon Sloan unless made in writing and signed by an authorized officer of Sloan. For purposes herein, the term “Affiliate” means any entity that is controlled by, or is under common control or ownership with, Sloan Valve Company or Sloan Global Holdings, LLC, where the term “control” means possession, directly or indirectly, of fifty percent (50%) or more of the voting securities in the entity or the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- Construction and Order of Precedence. Except with respect to those provisions in any written agreement signed by both Buyer and Sloan which govern the purchase of the same Products described in an Order Confirmation (the “Master Purchase and Sale Agreement”), and which provisions are expressly to the contrary, these Terms shall apply to, and are incorporated into, all Other Agreements, all oral or written contracts, obligations, understandings, commitments, leases, licenses, purchase orders, bids, arrangements and/or transactions between or among you and Sloan, existing on the date hereof or hereafter executed and supersede all previous communications, Other Agreements and understandings that are inconsistent with these Terms. All documents other than the Master Purchase and Sale Agreement, including any documents, forms, or other terms or conditions provided heretofore or hereafter by Buyer to Sloan, which are not signed by an authorized representative of Sloan, are not part of these Terms and shall have no effect on the parties. These Terms, the Order Confirmation and the Other Agreements between you and Sloan (together with, if applicable, the Master Purchase and Sale Agreement) contain the entire understanding of Sloan and Buyer with respect to the subject matter thereof and may not be supplemented or modified by course of dealing, course of performance, any oral communication between the parties, or any response by Buyer, whether oral or written, purporting to modify or supplement the terms of any of the foregoing documents unless such response is in writing and executed or consented to in writing by an authorized representative of Sloan. Any ambiguity, conflict or inconsistency among the documents for the purchase and sale of any Product shall be resolved according to the following order of precedence: (a) the Order Confirmation; (b) any written agreement pertaining to the purchase and sale of the Products signed by both Buyer and Sloan or if applicable, the Master Purchase and Sale Agreement; and (c) these Terms.
- Order Confirmation. Once an Order Confirmation has been issued, you will confirm that the Products listed on the Order Confirmation, as well as the fees, are accurate and complete. IF YOU FAIL TO NOTIFY US OF ANY ALLEGED INACCURACY IN THE ORDER CONFIRMATION WITHIN TEN (10) DAYS OF RECEIPT, YOU WILL BE DEEMED TO HAVE IRREVOCABLY ACKNOWLEDGED THE ACCURACY OF THE ORDER CONFIRMATION. The minimum order value is $150.00 net. In the event an order is received under the stated minimum order value, a $25.00 service charge will be applied to the order. All service charges are non-refundable. Any order cancellations shall be subject to Sloan’s cancellation policy found at: https://legal.sloan.com.
- Prices. You agree to pay Sloan the purchase price set forth on the Order Confirmation together with all applicable sales taxes, use taxes, excise taxes, export duties and tariffs, and all freight, handling, and shipping charges. All prices, discounts, and promotions quoted by Sloan are subject to change by Sloan without notice. Unless expressly stated otherwise, prices for all Products are in US Dollars. Sloan strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Sloan reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Payment. Terms of payment are within our sole discretion. Unless stated otherwise in your Order Confirmation, payment shall be made within thirty (30) days of the date of invoice. Payments are to be made via “Electronic Funds Transfer” (“EFT”), ePayables (credit card settlement), in which case Buyer shall complete and deliver such applications and authorizations as Sloan customarily requires for these purposes, or via check to Sloan, strictly net, without any deduction, offset or discount other than as expressly stated in the relevant Order Confirmation or as otherwise authorized by Sloan. Payments made via check shall be mailed to the following address:
9134 PAYSPHERE CIRCLE
CHICAGO, ILLINOIS 60674
If reflected in the Order Confirmation, Sloan shall provide Buyer with an early payment discount in the amount of two percent (2%) of the net invoiced amount (excluding taxes, freight, freight handling or shipping charges) if Buyer pays the full amount of the invoice within thirty (30) days of the invoice date. Payments made after the thirty first (31st) day from the invoice date shall be deemed late and subject to a late fee in the amount of the lesser of one percent (1%) of the unpaid balance per month or the highest amount permitted by applicable law, until the invoice has been paid in full.
5. Shipment and Delivery. Unless stated otherwise in the Order Confirmation, all prices are FOB Sloan facility as such term defined in the Uniform Commercial Code. Products shall be shipped via Sloan’s designated carrier under the following terms:
(i). For orders of products meeting the following order value thresholds, the shipping terms shall be prepaid freight within the United States (contiguous), to be based on the lowest rate medium of transportation:
A one-time $50.00 freight handling fee will be applied to all orders that qualify for prepaid freight.
Notwithstanding the foregoing, if Buyer chooses its own carrier, then delivery shall be ExWorks Sloan’s facility, as that term is defined in INCOTERMS 2020. Sloan shall have no obligation or risk of loss of or damage to Products following delivery at the facility, even if Sloan agrees to arrange for transportation as a courtesy to Buyer. Any such transportation shall be at Buyer's sole risk and expense.
Additional freight services, such as construction site delivery, lift gate delivery service, re-consigned freight or notification charges, are not included in FOB terms, and will result in additional freight charges. Buyer shall promptly notify Sloan of any claims for damage in transit or non-delivery and any such claims must be filed against the carrier by Sloan.
UPON SUBMISSION OF YOUR PURCHASE ORDER TO SLOAN AND YOUR RECEIPT OF AN ORDER CONFIRMATION FROM SLOAN, YOU ACKNOWLEDGE RECEIPT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Terms of Sale - Sloan Marketplace LLC
Effective July 25th 2024
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TERMS OF SALE
Effective Date: June 1, 2023
The following Terms of Sale (these “Terms”) shall apply to the purchase and sale of products (collectively, “Products”), subscriptions for SaaS Subscription (as such term is defined hereinbelow), and/or Services (as such term is defined hereinbelow) offered and sold by Sloan Marketplace LLC (referred to herein as, “Sloan Marketplace” or “us”) on our website at www.sloanmarketplace.com. These Terms, and any other additional guidelines, terms, and agreements provided by Sloan Marketplace or that are referenced in these Terms and that are applicable to such Products, SaaS Subscription and Services constitute the entire agreement between the purchaser of such Products or Services (“Buyer” or “you”) and Sloan Marketplace, concerning such Products, SaaS Subscription and Services. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR PURCHASE OF PRODUCTS, SAAS SUBSCRIPTION OR ANY SERVICES AND YOUR USE OF ANY OF OUR WEBSITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. By ordering the Products, SaaS Subscription and/or Services, you represent and warrant that you have read, understood, and accepted these Terms.
If your order includes a SaaS Subscription, your order will be accepted by Sloan Marketplace when we email you an order acknowledgement confirming the details of your order along with a subscription contract. Your account will be charged thereafter on a monthly basis, in accordance with the Subscription Terms and Conditions.
3.2 If We Cannot Accept Your Order. Product and Service availability may be limited in certain areas. If we are unable to accept your order for Products and/or Services, we will inform you of this in writing or by telephone and will not charge you for the product or services that we cannot provide.
3.3 Changes to Orders. Sloan Marketplace may, at any time change, suspend or discontinue any of the Products or any features thereof. We will contact you if there are any material Product changes that affect your order, prior to fulfilling your order. In addition, Sloan Marketplace may, at any time change or modify a SaaS Subscription in accordance with the Subscription Terms and Conditions.
7.1 Payment for Products. Buyer must make all payments in advance of shipment of any Products with a Visa, Mastercard, or American Express credit card. We will not charge your card for your purchase of Products until we ship the Products to you, however, we may pre-authorize or place a hold on your credit or debit card when you complete a check out, which can affect your balance or credit line. We also may cancel or place a hold on any orders that we suspect may be fraudulent.
7.2 Payment for Services. When you purchase Services, we pre-authorize or place a hold on your credit or debit card, which can affect your balance or credit line. Upon completion of the Services, we will remove the hold from your credit or debit card and charge you the full amount of the Service.
7.3 Payment for SaaS Subscription. The payment terms applicable to any SaaS Subscription shall be in accordance with the Subscription Terms and Conditions.
Notwithstanding the foregoing, if Buyer chooses its own carrier, then delivery shall be ExWorks, as that term is defined in INCOTERMS 2020, Sloan Marketplace’s facility or Sloan Marketplace's agent's facility, as applicable. Sloan Marketplace shall have no obligation or risk of loss of or damage to Products following delivery at its facility, even if Sloan Marketplace agrees to arrange for transportation as a courtesy to Buyer. Any such transportation shall be at Buyer’s sole risk and expense.
Additional freight services, such as construction site delivery, lift gate delivery service, re-consigned freight or notification charges, are not included and will result in additional freight charges to Buyer. Buyer shall promptly notify Sloan Marketplace of any claims for damage in transit or non-delivery and any such claims must be filed against the carrier by Sloan Marketplace.
9. Delivery Time. Product and Service availability may be limited in certain areas. Further, any delivery times are expressed in business days and may vary due to production schedules, quantities ordered, seasonality and higher than normal production levels. Failure by Sloan Marketplace to meet any delivery date does not constitute a cause for cancellation or a claim for damages of any kind. You agree and acknowledge that time for delivery shall not be of the essence.
12.2 Services Warranty. Sloan Marketplace provides a limited warranty that the Services will be performed in a professional and workmanlike manner and such Services will be warranted for a period of ninety (90) days. You must promptly (and in any event, within the ninety (90) day warranty period) notify us of any defective Services. In such event, you will allow us to inspect the Services rendered. If we determine that the defect was caused by us or our Service Pros, then we will either (in our discretion) re-perform the same Services at no additional cost to you or refund the money you paid for such Services. This warranty is Sloan Marketplace’s sole and exclusive warranty on Services and the remedies described in this paragraph are the sole and exclusive remedies for Service warranty non-conformities.
12.3 SaaS Subscription Warranties. Any warranty provided by Sloan Marketplace (if any) for SaaS Subscriptions shall be in accordance with the Subscription Terms and Conditions. You hereby agree and acknowledge that the warranties set forth in Sections 12.1 and 12.2 shall not apply to your SaaS Subscription.
Sink Cancellation and Return Policy
Effective July 31st 2024
DownloadTable of Contents
Last Revised February 11, 2022
AER-DEC® and Designer Series Cancellation Policy:
In the event of an order cancellation of AER-DEC® and Designer Series products the following may apply:
-If the order is cancelled more than 5 working days from order placement it will result in a minimum of a 25% fee, up to the full price of that product.
-If the order is 5 working days or less from scheduled shipment any cancelations will result in a fee of the full price of the sink.
SloanStone® Cancellation Policy:
In the event of an order cancellation of a SloanStone® product the following may apply:
-The order must be cancelled within 3 working days of order placement to avoid a fee, anything beyond 3 days may result in a fee up to 50% the price of the product.
Stainless Steel Sinks Cancellation Policy:
In the event of an order cancellation of a Stainless Steel Sink product the following may apply:
-The order must be cancelled within 5 working days of order placement, anything beyond 5 days may result in a fee up to 50% the price of the product.
Return Policy All Sink Models:
The following items apply to all sink models:
-Sinks and enclosures / brackets / supports cannot be returned once shipped. If components (faucets, soap dispensers, hand dryers) have not been opened they can be returned for partial credit.
Installation/Field Measurements:
Sloan requires all sinks to be installed by knowledgeable † Corian® or Quartz installers. Installation and/or field measurement is not included in this estimate, and is performed by others. Installation must be performed by qualified personnel and in accordance with installation instructions and generally accepted industry practices. Incorrect or improper installation will void any product warranty. Any standard sinks over 120” will need to be seamed in the field during installation. For custom sinks refer to signed drawings packet to see if seaming will be required. If seaming is required and you’d prefer to purchase the seaming material/epoxy from Sloan ask your Sloan representative about ordering details.
Materials:
Sloan products using solid surface (SloanStone® and Corian®) and quartz slabs may vary in color by slab/lot, because of this there may be a slight variation between orders. Variation can also occur in grain, veins and surface finish both between lots/slabs and even within the same lot/slab. While Sloan takes the utmost caution to match and orient these products in such a way that these imperfections add to the aesthetic value of the product, Sloan will not be held responsible for this variation. For any warranty issues Sloan reserves the right to repair solid surface sinks.
Signed Document Submittal:
Sloan requires a signed architectural worksheet or signed drawing (if applicable) to place an order. Any order placed without submission of these documents will be subject to an order hold that will extend any previously agreed upon lead time commitments. Once the documents are received the order will be reinstated and an updated ship date will be provided.
Sink Claim Process:
For all Sloan Sinks if you receive a damaged sink or suspect damage (crate broken, etc.) please send the below information to: sinkclaim@sloan.com within 5 working days of receipt of sinks to be considered for a full credit replacement sink. Incomplete claims and/or late claims will not be eligible for full credit replacement sinks. You must keep all materials and original packaging, including cartons and contents, segregated and available for inspection until the claim resolution process is completed. If the claim is for full replacement value, and the claim is successfully paid, the carrier has the right to the cargo and may elect to collect it for sale or salvage to recoup a portion of their costs.
Information to be provided:
- Specific description of the issue (i.e. damage, lost, shortage) and the value of the claim being filed. For a damage claim, provide as much detail as possible specifically describing the damage to the product.
- Account Number
- Customer Name, Customer Contact Name, Customer Address, Customer Phone Number
- Signed copy of carrier bill of lading, or delivery receipt from recipient (copy should be signed by receiver noting that the cargo was short or damaged when delivered) and photos.
- Sloan Delivery Number and/or Sales Order Number
- Copies of all documentation related to proof of claim value. This can be a copy of original invoice from vendor or supplier, copy of retail invoice or receipt, final confirmation screen if online order with proof of payment, itemized repair invoice or statement of non-repair, appraisals, expense statement, or any other applicable documentation.
- Copy of any inspection form that may have been completed noting damage and cost of repair.
- Copies of any photos showing damage.
If you have a shortage (missing soap dispenser, etc.) please contact Sloan’s customer service. Please have ready your order number and the item name and quantity that you are missing.
† Corian® is a registered trademark of DuPont Safety & Construction, Inc., an affiliate of DuPont de Nemours, Inc.
Effective July 31st 2024 to July 31st 2024
DownloadTable of Contents
Last Revised 2016
Note:
Quotes are applicable to the request that accompanied them. Any changes may result in price and lead time changes and requires a new quote. After order has been placed any changes may result in extension of the lead time and/or fees up to the full price of the product.
Cancellation and Return Policy:
AER-DEC and Designer Series Cancellation Policy:
In the event of an order cancellation the following items may apply:
-If the order is cancelled more than 5 working days from order placement it will result in a minimum of a 25% fee, up to the full price of that product.
-If the order is 5 working days or less from scheduled shipment any cancelations result in the full price of the sink.
SloanStone Cancellation Policy:
In the event of an order cancellation the following items may apply:
-The order must be cancelled within 3 working days of order placement to avoid a fee, anything beyond 3 days may result in a fee up to 50% the price of the product.
Stainless Steel Sinks Cancellation Policy:
In the event of an order cancellation the following items may apply:
-The order must be cancelled within 5 working days of order placement, anything beyond 5 days may result in a fee up to 50% the price of the product.
Return Policy All Sink Models:
The following items apply:
-Sinks and Mounting cannot be returned once shipped. If components (faucets, soap dispensers, hand dryers) have not been opened they can be returned for partial credit.
Installation/Field Measurements:
Sloan requires all sinks be installed by knowledgeable Corian or Quartz installers. Installation and/or field measurement is not included in this estimate, and is by others. Installation must be performed by qualified personnel and in accordance with installation instructions and generally accepted industry practices. Incorrect or improper installation will void any product warranty. Any standard sinks over 120” will need to be seamed in the field during installation. For custom sinks refer to signed drawings packet to see if seaming will be required. If seaming is required and you’d prefer to purchase the seaming material/epoxy from Sloan ask your Sloan representative about ordering details.
Materials:
Sloan produces using solid surface (SloanStone and Corian) and quartz slabs which may vary in color by slab/lot, because of this there may be a slight variation between orders. Variation can also occur in grain, veins and surface finish both between lots/slabs and even within the same lot/slab. While Sloan takes the utmost caution to match and orient these products in such a way that these imperfections add to the aesthetic value of the product, Sloan will not
be held responsible for this variation. For any warranty issues Sloan reserves the right to repair solid surface sinks.
Signed Document Submittal:
Sloan requires a signed architectural worksheet or signed drawing (if applicable) to be able to place an order. If an order is placed without these documents submitted to Sloan it will result in an order hold that will extend any previously agreed upon lead time commitments. Once the documents are received the order will be reinstated and an updated ship date will be provided.
Claim Process:
For all Sloan Sinks if you receive a damaged sink or suspect damage (crate broken, etc.) please reference our “Sink Claims Procedure”. Send the below information to sinkclaim@sloan.com within 1 week of receipt of sinks to be considered for a full credit replacement sink. Incomplete claims and/or late claims there will not be eligible for full credit replacement sinks.
Information to be provided:
- Upon notification of a cargo claim, Sloan and our manufacture’s reps should instruct the notifying party that they must keep all original packaging, including cartons and contents, until the claim resolution process is completed. It may be necessary to make the packaging / contents available for inspection by the carrier’s representative. Keep merchandise and all packaging materials. NOTE: It is imperative that the receiver keep the merchandise segregated and available for inspection until the claim is settled. If the claim is for full replacement value, and the claim is successfully paid, the carrier has the right to the cargo and may elect to collect it for sale or salvage to recoup a portion of their costs.
- Explanation of what we are filing a claim for (i.e. damage, lost, shortage), against whom we should file, and the value of the claim being filed. For a damage claim, provide as much detail as possible specifically describing the damage to the product.
- Account Number
- Customer Name, Customer Contact Name, Customer Address, Customer Phone Number
- Signed copy of carrier bill of lading, or delivery receipt from recipient (copy should be signed by receiver noting that the cargo was short or damaged when delivered) and photos.
- Sloan Delivery Number and/or Sales Order Number
- Copied of all documentation related to proof of claim value. This can be a copy of original invoice from vendor or supplier, copy of retail invoice or receipt, final confirmation screen if online order with proof of payment, itemized repair invoice or statement of non-repair, appraisals, expense statement, or any other applicable documentation.
- Copy of any inspection form that may have been completed noting damage and cost of repair.
- Copies of any photos showing damage.
If you have a shortage (missing soap dispenser, etc.) please contact Sloan’s customer
service. Please have ready your order number and the item name and quantity that you are missing.
Sloan Plumbing Products Terms
Effective July 31st 2024
DownloadTable of Contents
Effective Date: Feb 4, 2024
Minimum order requirements
The minimum order value is $150.00 net. In the event an order is received under the stated minimum order value, a $25.00 service charge will be applied to the order. All service charges are non-refundable.
TERMS
All prices are F.O.B. Sloan Valve Company’s (“Sloan”) Factory as such term defined in the Uniform Commercial Code. For orders of products meeting the following order value thresholds, the shipping terms shall be prepaid freight within the United States (contiguous), to be based on the lowest rate medium of transportation: (i) all orders, excluding sinks and vitreous china-only orders, of $5,000.00 net and above; (ii) all vitreous china-only orders over $10,000.00 net; and (iii) all Sloan orders that include sink(s) over $15,000.00 net. For all orders not meeting the minimums, shipping terms shall be freight prepaid, charged back to buyer. Shipping term for international orders shall be ExWorks Sloan’s facility, as that term is defined in INCOTERMS 2020. A one-time $50.00 freight handling fee will be applied to all orders that qualify for prepaid freight. If Buyer chooses its own carrier, then delivery shall be ExWorks Sloan’s facility.
Additional freight services, such as construction site delivery, lift gate delivery service, re-consigned freight or notification charges, are not included in FOB terms, and will result in additional freight charges.
DOMESTIC WHOLESALER CASH DSICOUNT TERMS: 2% 10, NET 30 DAYS FROM DATE OF INVOICE
A 2% discount may be offered (excluding taxes, freight handling or shipping charges) for full payment on or before 10 days from date of invoice with the net amount due within days of invoice date. Late payments subject to a monthly late fee equal to the lesser of 1% or the highest amount permitted by applicable law, until the invoice has been paid in full. Payments are to be made via “Electronic Funds Transfer” (“EFT”), ePayables (credit card settlement), or via check to Sloan. Payments made by check shall be addressed to: 9134 PAY-SPHERE CIRCLE, CHICAGO, IL 60674.
LIMITED WARRANTY
Sloan warrants its products against defects in materials and workmanship, excluding damage caused by matters beyond Sloan’s reasonable control. Instructions for filing claims can be found in the Limited Warranty which can be obtained at https://legal.sloan.com/warranty-policy.html or by requesting a free copy by telephone at 888.756.2614. Sloan will repair or replace your defective product, or provide a refund, as your exclusive remedy. This is only a general summary of Sloan’s Limited Warranty so it is important to note that the specific terms, conditions, limitations and exclusions, including the duration of warranty coverage for your particular Sloan product, are contained in the actual Sloan Limited Warranty. The Limited Warranty is subject to applicable laws in your country, state, province or other jurisdiction—and disputes arising under the Limited Warranty are to be resolved by binding arbitration unless you provide Sloan with an opt-out notice no later than 30 days after your purchase date. In case of a conflict with this summary, the terms and conditions set forth in the complete Limited Warranty will prevail.
For Sloan Sink System return policy, T&C and cancellation policy please refer to https://legal.sloan.com for the complete policies.
SHORTAGES, INCORRECT SHIPMENTS, PROOF OF DELIVERY REQUESTS
Claims for shortages or incorrect filling of orders must be made within 30 days from date of delivery. No claim over six months old will be honored. Deliveries that are short carton(s) or have damaged carton(s) must be reported immediately. Damaged carton(s) must be kept for Carrier Claim Inspector.
DISCLAIMER
The prices herein are subject to change without notice and supersede all previous prices. The possession of this price sheet by any person is not to be construed as an offer to sell them, nor anyone else, the goods listed herein at the price or terms stated.
SLOAN Minimum Advertised Price Policy
Sloan is a global leader in manufacturing commercial plumbing systems. Sloan is committed to maintaining a high quality brand image of our products through our Authorized Distributors and Resellers (“Distribution Partners”) who support this brand image through stocking requirements, non-OEM products, warranty information, technical administration, and investment of time and resources required to provide a high level of customer service and product knowledge that our customers expect.
In furtherance of these commitments, Sloan has unilaterally adopted this Minimum Advertised Price Policy (this” Policy”), which applies to all Sloan Distribution Partners effective January 1, 2018.
Please refer to the complete policy which is available at: https://legal.sloan.com.
Effective July 31st 2024 to July 31st 2024
DownloadTable of Contents
Effective Date: September 29, 2019
Minimum order requirements
The minimum order value is $150.00 net. In the event an order is received under the stated minimum order value, a $25.00 service charge will be applied to the order. All service charges are non-refundable.
TERMS
All prices are F.O.B. Factory with full freight allowed on $3,500.00 net within the United States (contiguous), such allowance to be based on the lowest rate medium of transportation. All vitreous china ONLY orders are full freight allowed on $10,000.00 net within the United States (contiguous), such allowance to be based on the lowest rate medium of transportation. Any Sloan sink(s) shipment is full freight allowed on $15,000.00 net within the United States (contiguous), such allowance to be based on the lowest rate medium of transportation.
Additional freight services, such as construction site delivery, lift gate delivery service, re-consigned freight or notification charges, are not included in FFA terms, and will result in additional freight charges.
DOMESTIC WHOLESALER CASH DISCOUNT TERMS: 2% 30 days, NET 31 days from date of invoice
A 2% discount is offered for payment on or before 30 days from date of invoice with the net amount due the next day, subject to a service charge of 1% applied monthly. Any conditions or terms payment on purchase orders which are contradictory to our cash discount offer shall be of no effect. Please address envelope in all “CAPS” (uppercase) when remitting to: 9134 PAY- SPHERE CIRCLE, CHICAGO, IL 60674
LIMITED WARRANTY
Unless otherwise noted, Sloan Valve Company warrants its products to be made of first class materials, free from defects of material or workmanship under normal use and to perform the service for which they are intended in a thoroughly reliable and efficient manner when properly installed and serviced, for a period of three years (1 year on SF faucets, special finish and PWT electronics and 30 days on PWT software) from date of purchase. During this period, Sloan Valve Company will, at its option, repair or replace any part or parts which prove to be thus defective if returned to Sloan Valve Company, at customer’s cost, and this shall be the sole remedy available under this warranty. No claims will be allowed for labor, transportation or other incidental costs. This warranty extends only to persons or organizations who purchase Sloan Valve Company’s products directly from Sloan Valve Company for purpose of resale. This warranty does not cover the life of batteries.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO EVENT IS SLOAN VALVE COMPANY RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OF ANY MEASURE WHATSOEVER.
For Sloan Sink System return policy, T&C and cancellation policy please refer to https://legal.sloan.com for the complete policies.
SHORTAGES, INCORRECT SHIPMENTS, PROOF OF DELIVERY REQUESTS
Claims for shortages or incorrect filling of orders must be made within 30 days from date of delivery. No claim over six months old will be honored. Deliveries that are short carton(s) or have damaged carton(s) must be reported immediately. Damaged carton(s) must be kept for Carrier Claim Inspector.
DISCLAIMER
The prices herein are subject to change without notice and supercede all previous prices. The possession of this price sheet by any person is not to be construed as an offer to sell them, nor anyone else, the goods listed herein at the price or terms stated.
SLOAN Minimum Advertised Price Policy
Sloan Valve Company (“Sloan”) is a global leader in manufacturing commercial plumbing systems. Sloan is committed to maintaining a high quality brand image of our products through our Authorized Distributors and Resellers (“Distribution Partners”) who support this brand image through stocking requirements, non-OEM products, warranty information, technical administration, and investment of time and resources required to provide a high level of customer service and product knowledge that our customers expect.
In furtherance of these commitments, Sloan has unilaterally adopted this Minimum Advertised Price Policy (this” Policy”), which applies to all Sloan Distribution Partners effective January 1, 2018.
Please refer to the complete policy which is available on: https://legal.sloan.com.
Freight Policy Customer Letter
Effective July 31st 2024
DownloadTable of Contents
February 28, 2022
Dear Valued Customer:
Effective February 28, 2022, Sloan will be updating our Freight Policy. The new Freight Policy will impact all Sloan customers, both domestic and international.
Details of our new freight policy are below,
- All prices are FOB Sloan facility as defined in the Uniform Commercial Code; products shall be shipped via Sloan’s designated carrier under the following terms:
- For all orders $5,000 net or greater ship freight prepaid the following exceptions apply
- Vitreous China only orders $10,000 net or greater ship freight prepaid
- Sink shipments $15,000 net or greater ship freight prepaid
- All freight prepaid terms listed above are within the United States (contiguous)
For all orders not meeting the minimums above, shipping terms shall be freight prepaid, with charges applied to the Sloan invoice.
For Sloan’s complete Freight Policy visit https://legal.sloan.com/#terms-of-sale.
If you have any questions regarding Sloan’s Freight Policy, please contact your local Sloan
Representative.
Sloan is committed to providing the highest quality products at the best value. Thank you for your continued support.
Sincerely,

Jackie Mika
Vice President, Customer Experience
Quotation Terms and Conditions-Foundry
Effective July 31st 2024
DownloadTable of Contents
Effective Date: July 1, 2023
The following terms and conditions (these “Terms”) shall apply to each quotation and custom estimate (“Quote”) requested by or submitted to the potential buyer identified on the applicable Quote (“Buyer” or “you”) for the purchase of products and related services (the “Products”) from Sloan Valve Company’s foundry (referred to herein as, “Sloan”). All orders and sales of Products are subject to final approval by Sloan via a written order confirmation (the “Order Confirmation”). By requesting, obtaining, or accepting a Quote, you represent and warrant that you have read, understood, and accepted these Terms. No change, modification, amendment or other agreement with regard to these Terms shall be binding upon Sloan unless made in writing and signed by an authorized officer of Sloan. For purposes herein, the term “Affiliate” means any entity that is controlled by, or is under common control or ownership with, Sloan Valve Company or Sloan Global Holdings, LLC, where the term “control” means possession, directly or indirectly, of fifty percent (50%) or more of the voting securities in the entity or the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.
- Expiration: Except as otherwise set forth in the Quote, the Quote is subject to acceptance by Buyer within thirty (30) days and is subject to withdrawal at any time before acceptance, without notice. After the expiration of such thirty (30) day period, the Quote shall expire and Buyer must obtain a new Quote.
- Applicability of Quote: The Quote is applicable to the request made by you for the purchase of Products. In the event you have any changes to your request prior to accepting the Quote, you must obtain a new Quote. The Quote is not a binding contract or purchase order. Notwithstanding the foregoing, in consideration of receiving the Quote, you agree to be bound by these Terms.
- Acceptance and Terms of Sale: Buyer must approve the Quote and submit an order to Sloan, in writing (electronic submission shall suffice), within the period described in Section 1 above to order the Products referenced in such Quote. Upon Sloan’s acceptance of the Buyer’s order, Sloan shall issue an Order Confirmation, and upon issuance shall constitute a binding contract for the purchase and sale of the Products described in such Order Confirmation. The purchase of the Product(s) identified in the Order Confirmation shall be subject to and governed by, the Terms of Sale located at: https://legal.sloan.com/#terms-of-sale, unless otherwise agreed to by Sloan. By placing an order, Buyer accepts and agrees to the Terms of Sale.
- Cancellation: Sloan reserves the right to cancel the Quote at any time.
- Deviations: Any deviation or alteration of the specifications, weight or volumes (both total annual and weekly volume estimates, if any) contained in the Quote accepted by Buyer shall only be honored by Sloan pursuant to a written change order executed by Sloan and Buyer. Buyer shall be responsible for all costs incurred by Sloan associated with such change order.
- Product Tolerance Disclaimer: All Products must take into account casting tolerances of +/- 0.030” (the “Process Tolerance Range”. Products that have variances within the Process Tolerance Range are deemed not defective and may not be rejected by Buyer. Additionally, a fall-out (e.g. Products that do not meet the quoted Product specifications) rate of five percent (5%) (the “Fall-Out Allowance”) is standard for Sloan’s foundry and is factored into the quoted price; consequently, Sloan shall not be responsible for Products not meeting the quoted Product specifications if the total of such Products is within the Fall-Out Allowance at the end of the applicable contract year.
- Assumptions: The assumptions Sloan made in preparing the Quote vary based upon the information you provide Sloan, including measurements and other specifications. Sloan makes no representation or warranty that the products identified in the Quote will satisfy your needs. You represent and warrant that the information you provide Sloan is accurate and complete and Sloan can rely on such information in preparing the Quote. Unless otherwise specifically agreed to in a separate writing, Sloan is not obligated to keep confidential any commercial or technical information transmitted to Sloan by you.
- Quote Materials: The Quote and all designs, renderings, pictures, plans, schemes, and other materials within the Quote (“Quote Materials”) are and at all times shall remain the sole and exclusive proprietary property of Sloan. You shall have the limited right to use the Quote Materials solely in connection with your determination of whether to accept the Quote. You must keep confidential and shall not disclose the Quote Materials to any third party without the prior written consent of Sloan, which may be withheld or granted in Sloan’s sole discretion.
- Lead Times: Production schedules change daily. Accordingly, all lead times referenced in the Quote and/or the Order Confirmation are subject to change by Sloan.
- Pricing Exclusions: The Quote for the Products is subject to the following exclusions and changes:
- The Quote is valid only if the cost for brass ingot remains constant. Sloan reserves the right to adjust the Quote (and the Product sale price) monthly based upon costs for brass ingot;
- Sloan reserves the right to adjust the Quote (and the Product sale price) quarterly based on changes in costs to fabricate the Products;
- Freight costs are not included; and
- Only Sloan standard packaging is included. Unique Buyer packaging requests, if accepted by Sloan, will be at Buyer’s expense.
Release of Liability and Assumption of Risk
Effective July 31st 2024
DownloadTable of Contents
Last Revised: January 16, 2023
The individual(s) named (referred to as "I" or "me") desires to participate in SLOAN’S EXPERIENTIAL MARKETING ACTIVITIES (such as, for example, attendance at a live sporting event, concert or other live entertainment, along with associated food and beverage offerings, each such activity hereinafter, the “Activity”) sponsored by Sloan Valve Company, a Delaware corporation (“Sloan”). In consideration of being permitted by Sloan to engage in the Activity, the individual(s) agree to all the terms and conditions set forth in this agreement (this “Release”).
- I understand and acknowledge that there are potential risks involved when participating in an Activity that are beyond Sloan’s control. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Activity. I assume all risks associated with traveling to and from location(s) to be visited during the Activity, such as any and all dangers presented on and in the street, sidewalk, or other areas, including but not limited to any and all traffic, cobblestone streets, icy conditions, and other pedestrian hazards. I accept full responsibility for any liability, injury, loss, damage, or death in any way connected to my participation in the Activity. My participation in this Activity is entirely voluntary and at my sole risk.
- I understand that if I am 21 years of age or older, any consumption of alcohol at an Activity is voluntary, at my own risk and liability. I understand that the consumption of any alcohol at an Activity must only occur in designated areas at the Activity and prior to consuming any alcohol at the Activity, I may be required to produce government-issued photo identification. I understand that any alcohol consumed outside of the designated locations during the Activity is absolutely prohibited. I am aware of Illinois laws governing the consumption of alcohol and assume all liability for myself for any form of negligence that may arise from the consumption of alcohol by myself and other Activity participants. I understand that excessive alcohol use is not condoned by Sloan. I assume all risk involved with the consumption of alcohol and unconditionally hold Sloan harmless.
- I understand that Sloan expects me to exercise good judgment and conduct myself in a responsible and respectful manner throughout the Activity. I acknowledge that Sloan reserves the right to refuse entry or remove me from the Activity if I appear inebriated, engaged in misconduct (including by not limited to any conduct that is deemed by Sloan to be inappropriate, harassing, or threatening to any person), or otherwise show a potential to cause harm to myself or any other person(s). If I am refused entry to or removed from the Activity pursuant to this paragraph, I understand that I will not be entitled to any sort of reimbursement from or liability of Sloan.
- I am aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) and other infectious disease (“Disease”) and the risk that I may be exposed to or contract such Disease(s) by engaging in the Activity, which may result in serious illness, personal injury, disability, death, or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Sloan employees or others, including negligent emergency response or rescue operations of Sloan. I understand that while Sloan has implemented measures to reduce the risk of injury from the Activity and the spread of Disease(s), Sloan cannot guarantee that I will not be injured or become infected with Disease(s) due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SLOAN OR OTHERWISE.
- I hereby expressly waive and release any and all liability or claims, now known or hereafter known, against Sloan, and its officers, directors, manager(s), employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of Sloan or any Releasees or otherwise. I covenant not to make or bring any such claim against Sloan or any other Releasee, and forever release and discharge Sloan and all other Releasees from liability under such claims.
- I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity. I also confirm that I am not experiencing any symptoms of COVID-19 (such as fever, cough, shortness of breath, congestion or runny nose, nausea or vomiting, or diarrhea) or any other infectious Disease), and do not have a confirmed or suspected case of Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and warnings from Sloan at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of COVID-19 or other Disease, I will immediately discontinue further participation in the Activity.
- I understand that it is Sloan’s policy to prohibit the paying or offering of bribes to any person or receiving bribes from any source in order to obtain or retain business for the Company. The Activity is not intended and should not in any way influence any business decisions made related to Sloan. Please be aware that the rules and regulations prohibiting providing anything of value to a US or non-US “government official” are particularly restrictive and violations of such laws can result in significant fines and penalties as well as imprisonment for individuals. It is your responsibility to know whether you are a US or non-US “government official” and to understand what, if any, items of value you are lawfully able to accept from Sloan. By participating in the Activity and signing below, I am certifying that, my participation in the Activity does not violate: 1) any local, state, or federal laws of the United States; 2) the laws of any other relevant jurisdiction; or, 3) my employer’s internal policies or restrictions.
- I shall defend, indemnify, and hold harmless Sloan and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by Sloan or any other Releasees, arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of Sloan.
- I hereby consent to receive medical treatment which may be deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Sloan from any claim whatsoever in connection with such treatment or other medical services.
- This Release constitutes the sole and entire agreement of Sloan and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Sloan and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Cook County, Illinois and I hereby consent to the exclusive jurisdiction of such court.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
Experiential Marketing Event Attendance Policy
Effective July 31st 2024
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Last Revised: February 11, 2021
As US companies, Sloan Global Holdings, LLC and Sloan Valve Company (together with their respective direct and indirect subsidiaries and affiliated entities, “Sloan,”) are required to comply with US law as well as the laws of other countries and jurisdictions where we sell products or do business. Sloan strives to conduct itself according to the highest standards of ethical conduct and to avoid even the appearance of impropriety in any dealings with its business partners including vendors and customers. This commitment extends to many areas of compliance including anti-corruption and bribery matters.
It is Sloan’s policy to prohibit the paying or offering of bribes to any person or receiving bribes from any source in order to obtain or retain business for the Company. The offer to participate in Sloan’s Experimental Marketing Events (such as, for example, attendance at a live sporting event, concert or other live entertainment, along with associated food and beverage offerings) is in no way made to solicit any type of improper business advantage, rather is a way for Sloan to raise awareness of its product and services by showcasing them in use. Please be aware that the rules and regulations prohibiting providing anything of value to a US or non-US “government official” are particularly restrictive and violations of such laws can result in significant fines and penalties as well as imprisonment for individuals. It is your responsibility to know whether you are a US or non-US “government official” and to understand what, if any, items of value you are lawfully able to accept from Sloan.
When agreeing to the terms of acceptance for participation in any Sloan Experiential Marketing Event and by attending any such event, you are confirming that your receipt of travel, meals, lodging, entertainment or promotional gifts from Sloan will not violate: 1) any local, state, or federal laws of the United States; 2) the laws of any other relevant jurisdiction; and, 3) your employer’s internal policies or restrictions.
We value your partnership and thank you for your support.
Warranty Policy January 1, 2022
Effective August 5th 2024
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Flushmate® Limited Warranty
Effective January 1, 2022
Five-Year Limited Warranty on Vessel
For a period of five (5) years from the Purchase Date (defined below), subject to the terms, conditions, limitations and exclusions herein, Flushmate, LLC, (“Flushmate”), warrants to the end-user owner (“you” and “your”) of the first toilet fixture in which your Flushmate Pressure-Assisted System (the “Flushmate System”) is installed that the vessel included in the Flushmate System (the “Vessel”) will be free from defects in materials and workmanship. The “Purchase Date” for purposes of this Limited Warranty shall be the actual date of purchase by you so you should keep your dated sales receipt for warranty registration and claims purposes. In the absence of proof of the actual Purchase Date, the Purchase Date shall be the date of manufacture per Flushmate’s records based on the date-coded serial number printed on the Flushmate System.
One-Year Limited Warranty on Ancillary Components
For a period of one (1) year from the Purchase Date, subject to the terms, conditions, limitations and exclusions herein, Flushmate warrants to you that the Ancillary Components (defined below) of the Flushmate System will be free from defects in materials and workmanship. The “Ancillary Components” for purposes of this Limited Warranty include all components and parts of the Flushmate System (other than the Vessel), including flush cartridges, duckbill valves, screens, upper supply, lower supply, push buttons, handle kits, the INTELLIFlush™ System (if applicable), and replacement parts for each of the foregoing components.
What is covered by this Limited Warranty?
During the relevant warranty period, Flushmate will, at its option, repair or replace the Vessel and/or Ancillary Component(s) (individually or collectively, “Covered Part(s)”), or refund the purchase price thereof, to the extent such Covered Part(s) fails to conform with this Limited Warranty under normal use and service. Repair, replacement or refund, as elected by Flushmate in its sole discretion, shall be your sole and exclusive remedy under this Limited Warranty. Unless waived by Flushmate, the defective Covered Part(s) must be returned to Flushmate at your cost. If Flushmate elects to replace any Covered Part(s) thereof, Flushmate will send the replacement item(s) by normal (non-expedited) shipment method of Flushmate’s choosing. Replacement products and parts are warranted for the remaining portion of the original warranty period or 90 days, whichever is greater.
What is Not Covered by this Limited Warranty?
Any damage, defect or malfunction caused by abuse, misuse, neglect, vandalism, accident, act of God (e.g., flood, fire, lightning), or other cause beyond the reasonable control of Flushmate is not covered by this Limited Warranty. Also, any damage, defect or malfunction resulting from one or more of the following is not covered by this Limited Warranty: faulty or improper repair or installation of the Flushmate System or any Covered Part; improper or deficient plumbing and/or water supply (e.g., supply line pressures greater or less than those specified in Flushmate’s applicable published materials); use of a non-potable, highly-corrosive or hot/tempered water supply; alteration or modification of the Flushmate System or any Covered Part; use of accessories, components, parts or attachments not manufactured by Flushmate; failure of any fixture, device, part, accessory or product not sold or manufactured by Flushmate; use of anti-freeze, chemical agents, petroleum-based lubricants or cleaning products containing harmful substances (e.g., household bleach, drop-in blocks or tablets, or disinfectants); improper storage or handling of the Flushmate System or Covered Part(s); failure to operate, maintain and/or repair the Flushmate System in accordance with Flushmate’s instructions; and/or use of the Flushmate System in an application other than as published in Flushmate’s Owner’s Manual or other technical and promotional materials. Wrenches and installation packs are not part of the Flushmate System and are not covered by this Limited Warranty. This Limited Warranty only covers the cost of repairs performed by Flushmate or its authorized service provider in the event that Flushmate elects to repair (as opposed to replace) the Covered Part(s) as its choice of remedy hereunder. To the maximum extent permitted by applicable law, no claims will be allowed for labor charges, transportation (including expedited shipping) or other costs and incidentals, all of which are your sole responsibility. Furthermore, this Limited Warranty only covers the Flushmate System and does not cover any fixture, plumbing device or other non-Flushmate part or accessory. This Limited Warranty will not continue to provide coverage if your Flushmate System is removed and reinstalled on a different toilet fixture.
What Are Your Responsibilities?
Flushmate encourages you to register the Flushmate System, which can be done via the Flushmate website at www.flushmate.com or by calling the number provided in the following section (or by mailing your product registration card to the address set forth in the following section), but failure to register your Flushmate System will not diminish your legal rights. You are responsible to ensure that the Flushmate System has been installed, operated and maintained in accordance with Flushmate’s Owner’s Manual, technical materials and/or other written instructions or recommendations attached to or furnished with the product and/or posted on Flushmate’s website at www.flushmate.com. If you contend that any Flushmate System and/or Covered Part(s) is/are responsible for any mechanical or other problems you experience, you must allow Flushmate the opportunity to inspect the products and verify/diagnose the condition before you make any repairs or alterations to the product. You must not remove the serial number or label(s) from the Flushmate system. Without limiting the other terms and conditions of this Limited Warranty, and any other defenses that Flushmate may have, you understand and agree that your failure to comply with the foregoing requirements will relieve Flushmate from any further responsibility to you under this Limited Warranty. Additionally, Flushmate strongly recommends that you use genuine Flushmate replacement parts when making repairs to your Flushmate System, and not replacement parts purchased from unauthorized resellers as such parts may be used, defective, counterfeit or not designed for use in your state, province or jurisdiction (and are not covered by this Limited Warranty); provided, however, following this recommendation is not a condition of this Limited Warranty.
How Do You Make a Warranty Claim?
You should initiate a claim under this Limited Warranty within 30 days of the discovery of the defect by either an email to warrantyinfo@flushmate.com or a call to Technical Support at 800-533-3460 and by following the instructions that are provided to you. Alternatively, you may mail your claim to Flushmate at Attn: Warranty Submission, 30075 Research Drive, New Hudson, MI 48165-8548. You must (a) obtain a Return Merchandise Authorization (RMA) number from Flushmate prior to returning any product and (b) include the RMA number and the serial number for the applicable Flushmate System and/or Ancillary Components(s) (and proof of purchase, including the Purchase Date, unless the product was registered with Flushmate within 30 days of its purchase). Any product returns, including returns for reasons other than warranty claims (e.g., you ordered the wrong product), should be handled in accordance with Flushmate's returns policy if purchased directly from Flushmate or the returns policies of the party from whom you purchased the Flushmate System if not purchased directly from Flushmate.
DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES
THIS LIMITED WARRANTY SETS FORTH THE ENTIRE AGREEMENT BY FLUSHMATE REGARDING ITS LIABILITIES WITH RESPECT TO THE FLUSHMATE SYSTEM AND THE COVERED PARTS (INCLUDING THE VESSEL AND ANCILLARY COMPONENTS). EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUSHMATE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE FLUSHMATE SYSTEM AND COVERED PARTS (INCLUDING THE VESSEL AND ANCILLARY COMPONENTS). WITH RESPECT TO IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUSHMATE LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES TO THE DURATION OF THIS LIMITED WARRANTY (i.e., 5 YEARS FOR THE VESSEL AND 1 YEAR FOR THE ANCILLARY COMPONENTS). IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLUSHMATE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST SALES OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND FLUSHMATE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE WARRANTED PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WARRANTED PRODUCT.
Your Legal Rights Under This Limited Warranty and Applicable Law
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states, provinces or jurisdictions under certain circumstances. For example, some states do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so any such limitations or exclusions may not apply to you. The terms of this Limited Warranty will apply only to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a consumer advisory service or legal counsel of your choosing. This Limited Warranty is only provided to you if you install and use the Flushmate System in the U.S. or Canada.
Procedure for Resolving Disputes
ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES YOU AND FLUSHMATE TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. SPECIFICALLY, ALL DISPUTES BETWEEN YOU AND FLUSHMATE ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE FLUSHMATE SYSTEM OR COVERED PARTS (INCLUDING THE VESSEL AND ANCILLARY COMPONENTS) SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND FLUSHMATE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION. THE DETAILED PROCEDURES GOVERNING ARBITRATIONS UNDER THIS LIMITED WARRANTY CAN BE FOUND AT https://legal.flushmate.com OR BY REQUESTING A COPY PURSUANT TO THE CONTACT INFORMATION PROVIDED IN THE ABOVE SECTION ENTITLED “HOW DO YOU MAKE A WARRANTY CLAIM?” PLEASE NOTE THAT IF YOU WISH TO OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE, YOU MUST DO SO IN ACCORDANCE WITH THE DETAILED PROCEDURES MENTIONED ABOVE, WHICH REQUIRES THAT YOU PROVIDE AN OPT-OUT NOTICE TO FLUSHMATE NO LATER THAN 30 CALENDAR DAYS AFTER THE PURCHASE DATE.
Warranty Policy-Sloan India Private Limited
Effective August 7th 2024
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Sloan® India Private Limited - Limited Warranty
Subject to the terms, conditions, limitations and exclusions herein, Sloan India Private Limited (“Sloan”) warrants to the first end-user owner (“you” and “your”) of its products (each, a “Sloan Product”) that such Sloan Product (exclusive of Flushmate® products) will be free from defects in materials and workmanship for the applicable period set out in the table below (the “Warranty Period”), commencing on the actual date of purchase by you of such Sloan Product (the “Purchase Date”):
Warranted Product | Applicable Warranty Period | ||
Product Category/Products | Residential | Commercial | Special Finish and Markings |
Manual Flushometers | 5 years | 5 years | 1 year |
Electronic Flushometers, Faucets (excluding SF Faucet Series) – External Body | 10 years | 5 years | 1 year |
Electronic Flushometers, Faucets (excluding SF Faucet Series) – Electrical components and sensors | 2 years | 1 years | N/A |
SF Faucet Series – External Body | 10 years | 5 years | 1 year |
SF Faucet Series – Electrical components and sensors | 1 year | 1 year | N/A |
Health Faucets | 1 year | 1 year | N/A |
Angle Valves | 5 years | 3 years | N/A |
Vitreous China - water closets, urinals, lavatories (against manufacturing defect) | 10 years | 5 years | N/A |
Seat Covers | 2 years | 1 year | N/A |
Sloan [1]†Xlerator®, Xlerator® ECO-EHD 500 Series (Only on motor) | 5 years | 5 years | 1 year |
Aer-Dec® Hand Dryers (Only on motor) | 5 years | 5 years | 1 year |
Optima Air® Hand Dryer-EHD 700 Series (Only on motor) | 5 years | 5 years | 1 year |
Soap Dispensers – Optima® and Sloan Series | 3 years | 3 years | 1 year |
Sinks – Sloan Stone®, Stainless Steel | 3 years | 3 years | 10 years limited solid surface for molded sinks |
Sinks – Aer Dec®, Designer Series | 3 years | 3 years | 10 years limited solid surface, quartz and other engineered and natural stone; 1 year limited warranty for laminates |
Custom (“make to order”) fixtures, accessories and cabinetry | 2 years | 1 year | N/A |
The Warranty Period will automatically terminate upon its expiration irrespective of whether or when the Sloan Product has been installed and/or put to use. You should keep your dated sales receipt for proof of purchase and claims purposes. If you are unable to produce proof of your Purchase Date to Sloan’s reasonable satisfaction, the Purchase Date will be the date of manufacture per Sloan’s records (e.g., based on the date-coded serial number printed on the Sloan Product, if applicable) or such other date as reasonably determined by Sloan in its discretion.
What is covered by this Limited Warranty?
During the Warranty Period, Sloan will, at its option, repair or replace any Sloan Product or component thereof (each, a “Covered Part”), or refund the purchase price thereof, to the extent such Covered Part fails to conform with this Limited Warranty under normal use and service. Repair, replacement or refund, as elected by Sloan in its sole discretion, shall be your sole and exclusive remedy under this Limited Warranty. Unless waived by Sloan, the defective Covered Part must be returned to Sloan at your cost. If Sloan elects to replace any Covered Part, Sloan will send the replacement item to you by normal (non-expedited) shipment method of Sloan’s choosing. Replacement products and parts provided by Sloan under this Limited Warranty are warranted for the remaining portion of the original Warranty Period.
What is Not Covered by this Limited Warranty?
Any damage, defect or malfunction caused by abuse, misuse, neglect, vandalism, accident, act of God (e.g., flood, fire, lightning), or other cause beyond Sloan’s reasonable control is not covered by this Limited Warranty. Also, any damage, defect or malfunction resulting from one or more of the following is not covered by this Limited Warranty: faulty or improper repair or installation of the Sloan Product; failure to perform routine or other manufacturer-recommended maintenance of the Sloan Product and/or connected system(s), improper or deficient plumbing and/or water supply (e.g., supply line pressures and/or water flow greater or less than those specified in Sloan’s applicable published materials); improper or deficient source of electrical power; use of a non-potable, highly-corrosive or hot/tempered water supply (except with respect to certain products such as faucets that are designed to operate in high temperatures); alteration or modification of the Sloan Product; use of accessories, components, parts or attachments not manufactured by Sloan; failure of any fixture, device, part, accessory or product not sold or manufactured by Sloan; use of anti-freeze, chemical agents, petroleum-based lubricants or cleaning products containing harmful substances (e.g., household bleach, drop-in blocks or tablets, or disinfectants); improper storage or handling of the Sloan Product; and/or use of the Sloan Product in an application other than as published in Sloan’s Owner’s Manual or other technical and promotional materials. Batteries and other consumables such as filters, cartridges and soap are not covered by this Limited Warranty. This Limited Warranty only covers the cost of repairs performed by Sloan or its authorized service provider in the event that Sloan elects to repair (as opposed to replace) the Covered Part as its choice of remedy hereunder. Performance of any repairs or corrective action or incurring any expense without Sloan’s written authorization is at your sole risk and expense. To the maximum extent permitted by applicable law, no claims will be allowed for labor charges, transportation (including expedited shipping) or other costs and incidentals, all of which are your sole responsibility. Furthermore, this Limited Warranty only covers the Sloan Product itself and does not cover any non-Sloan product, fixture, plumbing device, sensor, actuator, hub, network, system, infrastructure, hardware, software, part or accessory or any Sloan or non-Sloan service. This Limited Warranty is provided solely to you and is not assignable or transferable by you to anyone else. Sloan Products sold within India are covered by a separate warranty so these terms do not apply.
What Are Your Responsibilities?
You are responsible to ensure that your Sloan Product has been installed, operated and maintained in accordance with Sloan’s Installation Instructions, Repair Parts and Maintenance Guide and/or other written manuals, technical materials, instructions and/or recommendations attached to or furnished with the Sloan Product and/or posted on Sloan’s website at www.sloan.com. If you contend that any Sloan Product is not in conformance with this Limited Warranty, you must allow Sloan the opportunity to inspect the Sloan Product (and the system(s) to which the Sloan Product is attached) and verify/diagnose the condition before you make any repairs or alterations to the Sloan Product. You must not remove the serial number or label(s) from the Sloan Product. Your failure to comply with the foregoing requirements will relieve Sloan from any further responsibility to you under this Limited Warranty to the fullest extent allowed by applicable law. Additionally, Sloan strongly recommends that you use genuine Sloan replacement parts when making repairs to your Sloan Product, and that you not use replacement parts purchased from unauthorized resellers as such parts may be used, defective, counterfeit or not designed for use in your country, state, province or jurisdiction (and are not covered by this Limited Warranty); provided, however, following this recommendation is not a condition of this Limited Warranty.
How Do You Make a Warranty Claim?
Sloan only permits distribution and resale of Sloan Products through authorized resellers, such as plumbing distributors and plumbing supply wholesalers. Except as otherwise may be required by applicable law, this Limited Warranty is void unless you purchased the Sloan Product from an authorized reseller. You should initiate a claim under this Limited Warranty within 30 days of the discovery of the defect by either an email to customercare@sloan.in or a call to Technical Support at 1-800-123-3080 and by following the instructions that are provided to you. You must (a) obtain a Return Merchandise Authorization (RMA) number from Sloan prior to returning any Sloan Product, (b) include the RMA number and any applicable serial number(s) for the Sloan Product (and proof of purchase, including the Purchase Date and identification of the authorized reseller from whom you purchased the Sloan Product, and (c) be responsible for and prepay any shipping expense in connection with the return of any Sloan Product. Any product returns, including returns for reasons other than warranty claims (e.g., you ordered the wrong product), should be handled in accordance with Sloan's returns policy (found at www.sloan.com) if purchased directly from Sloan or the returns policies of the authorized reseller from whom you purchased the Sloan Product if not purchased directly from Sloan.
GENERAL DISCLAIMER AND LIMITATION OF DAMAGES
THIS LIMITED WARRANTY SETS FORTH THE ENTIRE AGREEMENT BY SLOAN REGARDING ITS WARRANTY FOR YOUR SLOAN PRODUCT. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, DECLARATIONS, GUARANTEES AND CONDITIONS WITH RESPECT TO SLOAN PRODUCTS. WITH RESPECT TO IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES TO THE WARRANTY PERIODS SET FORTH ABOVE. SLOAN MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AND EXPRESSLY DISCLAIMS ANY AND ALL LOSS, LIABILITY, OR DAMAGES WITH RESPECT TO ANY SERVICE OR NON-SLOAN PRODUCT THAT MAY BE RELATED TO OR USED IN CONNECTION WITH THE SLOAN PRODUCT. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL SLOAN BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST DATA, LOST CONNECTIONS, LOST COMMUNICATIONS, LOST SALES OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY, THE SLOAN PRODUCT OR ANY SERVICE RELATED TO OR USED IN CONNECTION WITH THE SLOAN PRODUCT, EVEN IF SLOAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) SLOAN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT PAID FOR THE SLOAN PRODUCT BY YOU OR YOUR AUTHORIZED RESELLER, WHICHEVER IS LESS.
DISCLAIMERS REGARDING ELECTRONICS, SOFTWARE AND SERVICES
ALL PRODUCT INFORMATION PROVIDED TO YOU BY SLOAN REGARDING ELECTRONIC COMPONENTS AND SOFTWARE INCLUDED WITH SUCH PRODUCT OR SERVICES THAT MAY BE AVAILABLE RELATED TO OR USED IN CONNECTION WITH SUCH PRODUCT IS PROVIDED FOR YOUR CONVENIENCE, “AS IS,” AND “AS AVAILABLE.” SLOAN DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE ACCURATE, OR RELIABLE. YOU USE ALL SUCH PRODUCT INFORMATION, INCLUDING ANY ELECTRONICS, SOFTWARE AND SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SLOAN DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, BUILDING, PRODUCT, ELECTRONICS, SOFTWARE, COMPUTER, HARDWARE, INFRASTRUCTURE, NETWORK, SYSTEMS, MOBILE DEVICE, AND ALL OTHER ITEMS RESULTING FROM YOUR USE OF SUCH PRODUCT INFORMATION. PRODUCT INFORMATION PROVIDED BY SLOAN IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, THE SLOAN PRODUCT INFORMATION IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE BUILDING AND ON THE PRODUCT, NOR A SUBSTITUTE FOR A MONITORING OR OTHER SERVICE THAT MONITORS, ACCESSES, LOGS OR RECORDS THE LOCATIONS AND INSTALLATIONS OF THE SLOAN PRODUCTS, ELECTRONICS, SOFTWARE AND SERVICES.
Your Legal Rights Under This Limited Warranty and Applicable Law
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by country, state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain countries, states, provinces or jurisdictions under certain circumstances. For example, some states in the U.S. do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so any such limitations or exclusions may not apply to you. The terms of this Limited Warranty will apply only to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a consumer advisory service or legal counsel of your choosing. Any provision of this Limited Warranty that has been determined to be invalid or unenforceable by a competent arbitrator, court or legal authority may be replaced and substituted by such arbitrator, court or legal authority with an alternative provision that achieves the intent and purpose of the original provision to the maximum extent permissible under applicable law.
Procedure for Resolving Disputes
DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER NOTICE: THIS LIMITED WARRANTY REQUIRES YOU AND SLOAN TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. SPECIFICALLY, ALL DISPUTES BETWEEN YOU AND SLOAN ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE SLOAN PRODUCT OR COVERED PARTS SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND SLOAN ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION. You understand that you would have had a right to litigate disputes through a court, and that you have expressly and knowingly waived that right and agreed to resolve any dispute arising out of this limited warranty through binding arbitration.
The arbitration will be administered by JAMS and will be governed by the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted at mutually agreeable location convenient to you and Sloan, will be conducted before a single neutral arbitrator, and will be limited solely to the dispute between you and Sloan arising out of this limited warranty. You will have a reasonable opportunity to participate in the process of choosing the arbitrator. If you initiate the arbitration, you will be required to pay for costs of arbitration up to $250.00. Sloan will be responsible for paying all other costs of arbitration (including the arbitrator’s professional fees), unless the arbitrator determines that your claim was frivolous. If Sloan initiates the arbitration against you, Sloan will be responsible for all costs of arbitration. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a concise statement of the essential findings and conclusions on which the award was based. Should either party bring a dispute in an arbitration forum other than JAMS, the court or arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this arbitration provision. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
PLEASE NOTE THAT IF YOU WISH TO OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE, YOU MUST PROVIDE AN OPT-OUT NOTICE TO SLOAN NO LATER THAN 30 CALENDAR DAYS AFTER THE PURCHASE DATE.
If any portion of this dispute resolution clause is determined by a court of competent jurisdiction or arbitrator to be invalid or unenforceable based upon any rule of law or public policy, all other terms, provisions and conditions of this dispute resolution clause shall nevertheless remain in full force and effect. Specifically, you and Sloan each waive the right to any jury trial should this matter be ordered to proceed in court.
† XLERATOR® is a registered trademark of Excel Dryer, Inc. ↑
Warranty Policy-Sloan Mexico
Effective August 23rd 2024
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Warranty Sloan Mexico
We warrant our products to be free of manufacturing defects under the following terms:
Electrical parts: One year
Mechanical parts: Three years
Manual faucets: One year
Hand dryers: Three years
Finishes: Five years
Flush/Mate tanks: Five years
Batteries: No warranty applies in this case
Diaphragms and pistons: Six months
Our hardware is warranted to be free of manufacturing defects:
In order to make valid the warranty, the claim must be done through our
Technical Service Department:
Technical Service Department Coordinator
Email: servicio.tecnico@sloan.com.mx
It will be necessary to include the following information in the email:
- Copy of purchase invoice
- Complete address where the product is installed
- Full name of the person our Support Department will contact with
- Phone number (10-digit number or cell phone number)
- Model of the detective product
- Number of purchased products to report
- Description of the defect
- Video or photograph where the problem or defect is shown
The warranty is valid from the date of original retail purchase shown in the invoice, which will be necessary to present in order to confirm that the products reported are within the warranty period.
Sloan Mexico warrants that its products are manufactured free from defects in materials and workmanship and consents to replace or repair the defective products in accordance with the results of the diagnosis carried out by our Support Department and/or an Authorized and Certified Technical Service Center, as long as the warranty is within the warranty period and the defective product was properly installed, operated and subject to the appropriate service, as it is explained in the Instructions Manuel included in the product. The expenses derived from the workmanship and the shipping, related to the warranty, will be covered by Sloan Mexico.
In case of non-compliance with all the above, Sloan Mexico will no longer be responsible for any expense related to this event.
Service and reparations can only be handled by Sloan Mexico authorized technicians or any individual approved by our Technical Service Department. Any unauthorized reparation or alteration to the product will nullify the warranty, with the exception of preventive maintenance (if you don’t know how to carry it out, please contact us). The polished chrome finish of our products can get damaged by the use of some cleaning products and corrosive acids, including the ones for domestic use and the most common used one for cleaning painting or cement. If that ever occurred, the warranty will become invalid and will not cover the finish.
The Technical Service Department will keep track of any report, generating a tracking number for the Technical Service Center. The Center will have 24 to 72 hours to give attention to the report, starting with a phone diagnosis. In order to perform the diagnosis, the hardware must be installed. In case needed, a technician will be sent to check the product and a person must be present when the technician arrives. If the absence of preventive maintenance was detected by the technician during the inspection, a training will be given in order to learn to perform it.
This service is not considered as part of the warranty and a second visit for the same cause will represent a cost for the costumer of $550 pesos. This amount will have to be covered the moment the technician arrives to perform the service.
Thanking you in advance for your attention to the present, receive a warm greeting, I remain at your service for further questions on this matter.
Porcelain Warranty Sloan Mexico
Sloan Mexico warrants that its products are manufactured with first-class materials, free from defects in materials and workmanship when used normally and to perform the service for which it was manufactured in a totally efficient and reliable way whenever they are installed properly and given the appropriate service for a period of a 3 years (one year for special finishes) from the date of original retail purchase.
In order to make valid the warranty, the claim must be done through our Technical Service Department:
Technical Service Department Coordinator
Email: servicio.tecnico@sloan.com.mx
It will be necessary to include the following information in the email
- Copy of purchase invoice
- Complete address where the products is installed
- Full name of the person our Support Department will contact with
- Phone number (10-digit number or cell phone number)
- Model of the detective product
- Number of purchased products to report
- Description of the defect
- Video or photograph where the problem or defect is shown
With this information, we will proceed to validate the warranty. Once the information is verified, our department will contact the person previously designated to diagnose the equipment.
Once the equipment is diagnosed and the reposition is determined to proceed, the replacement piece shall be sent out. Once the replacement product is received, it is necessary to destroy the detective product that presents the confirmed flaw and a photograph with the evidence of the destruction will be required. This for the sole purpose of removing the detective product from the market to avoid that the same detective piece can be once again installed by mistake, bringing about a new claim by the same or new consumer.
For pieces with transport damage, the consumer shall be responsible for checking the product the moment it is received. If a damage is detected, a report must be placed within the first 72 hours after the delivery took place. If a report is placed this period of time, the damage warranty shall not be considered as applicable
Warranty Policy February 17, 2022 to May 14, 2024
Effective September 11th 2024
DownloadTable of Contents
Sloan® Limited Warranty
Subject to the terms, conditions, limitations and exclusions herein, Sloan Valve Company (“Sloan”) warrants to the first end-user owner (“you” and “your”) of its products (each, a “Sloan Product”) that such Sloan Product (exclusive of Flushmate® products) will be free from defects in materials and workmanship for the applicable period set out in the table below (the “Warranty Period”), commencing on the actual date of purchase by you of such Sloan Product (the “Purchase Date”):
Warranted Product | Applicable Warranty Period | ||
Product Category/Products | Electrical | Mechanical | Special Finish and Markings |
Manual Commercial - Flushometers, shower heads | N/A | 3 years | 1 year |
Electronic Commercial - Flushometers, faucets (Excluding SF Faucet Series), accessories | 3 years | 3 years | 1 year |
SF Faucet Series | 1 year | 1 year | 1 year |
Vitreous China - water closets, urinals, lavatories | N/A | 3 years | N/A |
Sloan [1]†Xlerator®, Xlerator® ECO-EHD 500 Series | 5 years | 5 years | 1 year |
Aer-Dec® Hand Dryers | 5 years | 5 years | 1 year |
Optima Air® Hand Dryer-EHD 700 Series | 5 years | 5 years | 1 year |
Soap Dispensers – Optima® and Sloan Series | 3 years | 3 years | 1 year |
PWT™ – Controllers | 3 years | N/A | N/A |
PWT™ – MCR – 321A Series Manifold | N/A | 1 year | N/A |
PWT™ - Management Console | 30 days | N/A | N/A |
Sinks – Sloan Stone®, Stainless Steel | 3 years | 3 years | 10 years limited solid surface for molded sinks |
Sinks – Aer Dec®, Designer Series | N/A | 3 years | 10 years limited solid surface, quartz and other engineered and natural stone; 1 year limited warranty for laminates |
Custom (“make to order”) fixtures, accessories and cabinetry | N/A | 1 year | N/A |
The Warranty Period will automatically terminate upon its expiration irrespective of whether or when the Sloan Product has been installed and/or put to use. You should keep your dated sales receipt for proof of purchase and claims purposes. If you are unable to produce proof of your Purchase Date to Sloan’s reasonable satisfaction, the Purchase Date will be the date of manufacture per Sloan’s records (e.g., based on the date-coded serial number printed on the Sloan Product, if applicable) or such other date as reasonably determined by Sloan in its discretion.
What is covered by this Limited Warranty?
During the Warranty Period, Sloan will, at its option, repair or replace any Sloan Product or component thereof (each, a “Covered Part”), or refund the purchase price thereof, to the extent such Covered Part fails to conform with this Limited Warranty under normal use and service. Repair, replacement or refund, as elected by Sloan in its sole discretion, shall be your sole and exclusive remedy under this Limited Warranty. Unless waived by Sloan, the defective Covered Part must be returned to Sloan at your cost. If Sloan elects to replace any Covered Part, Sloan will send the replacement item to you by normal (non-expedited) shipment method of Sloan’s choosing. Replacement products and parts provided by Sloan under this Limited Warranty are warranted for the remaining portion of the original Warranty Period.
What is Not Covered by this Limited Warranty?
Any damage, defect or malfunction caused by abuse, misuse, neglect, vandalism, accident, act of God (e.g., flood, fire, lightning), or other cause beyond Sloan’s reasonable control is not covered by this Limited Warranty. Also, any damage, defect or malfunction resulting from one or more of the following is not covered by this Limited Warranty: faulty or improper repair or installation of the Sloan Product; failure to perform routine or other manufacturer-recommended maintenance of the Sloan Product and/or connected system(s), improper or deficient plumbing and/or water supply (e.g., supply line pressures and/or water flow greater or less than those specified in Sloan’s applicable published materials); improper or deficient source of electrical power; use of a non-potable, highly-corrosive or hot/tempered water supply (except with respect to certain products such as faucets that are designed to operate in high temperatures); alteration or modification of the Sloan Product; use of accessories, components, parts or attachments not manufactured by Sloan; failure of any fixture, device, part, accessory or product not sold or manufactured by Sloan; use of anti-freeze, chemical agents, petroleum-based lubricants or cleaning products containing harmful substances (e.g., household bleach, drop-in blocks or tablets, or disinfectants); improper storage or handling of the Sloan Product; and/or use of the Sloan Product in an application other than as published in Sloan’s Owner’s Manual or other technical and promotional materials. Batteries and other consumables such as filters, cartridges and soap are not covered by this Limited Warranty. This Limited Warranty only covers the cost of repairs performed by Sloan or its authorized service provider in the event that Sloan elects to repair (as opposed to replace) the Covered Part as its choice of remedy hereunder. Performance of any repairs or corrective action or incurring any expense without Sloan’s written authorization is at your sole risk and expense. To the maximum extent permitted by applicable law, no claims will be allowed for labor charges, transportation (including expedited shipping) or other costs and incidentals, all of which are your sole responsibility. Furthermore, this Limited Warranty only covers the Sloan Product itself and does not cover any non-Sloan product, fixture, plumbing device, sensor, actuator, hub, network, system, infrastructure, hardware, software, part or accessory or any Sloan or non-Sloan service. This Limited Warranty is provided solely to you and is not assignable or transferable by you to anyone else. Sloan Products sold within India are covered by a separate warranty so these terms do not apply.
What Are Your Responsibilities?
You are responsible to ensure that your Sloan Product has been installed, operated and maintained in accordance with Sloan’s Installation Instructions, Repair Parts and Maintenance Guide and/or other written manuals, technical materials, instructions and/or recommendations attached to or furnished with the Sloan Product and/or posted on Sloan’s website at www.Sloan.com. If you contend that any Sloan Product is not in conformance with this Limited Warranty, you must allow Sloan the opportunity to inspect the Sloan Product (and the system(s) to which the Sloan Product is attached) and verify/diagnose the condition before you make any repairs or alterations to the Sloan Product. You must not remove the serial number or label(s) from the Sloan Product. Your failure to comply with the foregoing requirements will relieve Sloan from any further responsibility to you under this Limited Warranty to the fullest extent allowed by applicable law. Additionally, Sloan strongly recommends that you use genuine Sloan replacement parts when making repairs to your Sloan Product, and that you not use replacement parts purchased from unauthorized resellers as such parts may be used, defective, counterfeit or not designed for use in your country, state, province or jurisdiction (and are not covered by this Limited Warranty); provided, however, following this recommendation is not a condition of this Limited Warranty.
How Do You Make a Warranty Claim?
Sloan only permits distribution and resale of Sloan Products through authorized resellers, such as plumbing distributors and plumbing supply wholesalers. Except as otherwise may be required by applicable law, this Limited Warranty is void unless you purchased the Sloan Product from an authorized reseller. You should initiate a claim under this Limited Warranty within 30 days of the discovery of the defect by either an email to techsupport@sloan.com or a call to Technical Support at 888.756.2614 and by following the instructions that are provided to you. You must (a) obtain a Return Merchandise Authorization (RMA) number from Sloan prior to returning any Sloan Product, (b) include the RMA number and any applicable serial number(s) for the Sloan Product (and proof of purchase, including the Purchase Date and identification of the authorized reseller from whom you purchased the Sloan Product, and (c) be responsible for and prepay any shipping expense in connection with the return of any Sloan Product. Any product returns, including returns for reasons other than warranty claims (e.g., you ordered the wrong product), should be handled in accordance with Sloan's returns policy (found at www.sloan.com) if purchased directly from Sloan or the returns policies of the authorized reseller from whom you purchased the Sloan Product if not purchased directly from Sloan.
GENERAL DISCLAIMER AND LIMITATION OF DAMAGES
THIS LIMITED WARRANTY SETS FORTH THE ENTIRE AGREEMENT BY SLOAN REGARDING ITS WARRANTY FOR YOUR SLOAN PRODUCT. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, DECLARATIONS, GUARANTEES AND CONDITIONS WITH RESPECT TO SLOAN PRODUCTS. WITH RESPECT TO IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOAN LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES TO THE WARRANTY PERIODS SET FORTH ABOVE. SLOAN MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AND EXPRESSLY DISCLAIMS ANY AND ALL LOSS, LIABILITY, OR DAMAGES WITH RESPECT TO ANY SERVICE OR NON-SLOAN PRODUCT THAT MAY BE RELATED TO OR USED IN CONNECTION WITH THE SLOAN PRODUCT. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL SLOAN BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST DATA, LOST CONNECTIONS, LOST COMMUNICATIONS, LOST SALES OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY, THE SLOAN PRODUCT OR ANY SERVICE RELATED TO OR USED IN CONNECTION WITH THE SLOAN PRODUCT, EVEN IF SLOAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) SLOAN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT PAID FOR THE SLOAN PRODUCT BY YOU OR YOUR AUTHORIZED RESELLER, WHICHEVER IS LESS.
DISCLAIMERS REGARDING ELECTRONICS, SOFTWARE AND SERVICES
ALL PRODUCT INFORMATION PROVIDED TO YOU BY SLOAN REGARDING ELECTRONIC COMPONENTS AND SOFTWARE INCLUDED WITH SUCH PRODUCT OR SERVICES THAT MAY BE AVAILABLE RELATED TO OR USED IN CONNECTION WITH SUCH PRODUCT IS PROVIDED FOR YOUR CONVENIENCE, “AS IS,” AND “AS AVAILABLE.” SLOAN DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE ACCURATE, OR RELIABLE. YOU USE ALL SUCH PRODUCT INFORMATION, INCLUDING ANY ELECTRONICS, SOFTWARE AND SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SLOAN DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, BUILDING, PRODUCT, ELECTRONICS, SOFTWARE, COMPUTER, HARDWARE, INFRASTRUCTURE, NETWORK, SYSTEMS, MOBILE DEVICE, AND ALL OTHER ITEMS RESULTING FROM YOUR USE OF SUCH PRODUCT INFORMATION. PRODUCT INFORMATION PROVIDED BY SLOAN IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, THE SLOAN PRODUCT INFORMATION IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE BUILDING AND ON THE PRODUCT, NOR A SUBSTITUTE FOR A MONITORING OR OTHER SERVICE THAT MONITORS, ACCESSES, LOGS OR RECORDS THE LOCATIONS AND INSTALLATIONS OF THE SLOAN PRODUCTS, ELECTRONICS, SOFTWARE AND SERVICES.
Your Legal Rights Under This Limited Warranty and Applicable Law
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by country, state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain countries, states, provinces or jurisdictions under certain circumstances. For example, some states in the U.S. do not allow the exclusion or limitation of incidental or consequential damages, or limitation on how long an implied warranty lasts, so any such limitations or exclusions may not apply to you. The terms of this Limited Warranty will apply only to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a consumer advisory service or legal counsel of your choosing. Any provision of this Limited Warranty that has been determined to be invalid or unenforceable by a competent arbitrator, court or legal authority may be replaced and substituted by such arbitrator, court or legal authority with an alternative provision that achieves the intent and purpose of the original provision to the maximum extent permissible under applicable law.
Procedure for Resolving Disputes
DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER NOTICE: THIS LIMITED WARRANTY REQUIRES YOU AND SLOAN TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. SPECIFICALLY, ALL DISPUTES BETWEEN YOU AND SLOAN ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE SLOAN PRODUCT OR COVERED PARTS SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND SLOAN ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION. You understand that you would have had a right to litigate disputes through a court, and that you have expressly and knowingly waived that right and agreed to resolve any dispute arising out of this limited warranty through binding arbitration.
The arbitration will be administered by JAMS and will be governed by the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted at mutually agreeable location convenient to you and Sloan, will be conducted before a single neutral arbitrator, and will be limited solely to the dispute between you and Sloan arising out of this limited warranty. You will have a reasonable opportunity to participate in the process of choosing the arbitrator. If you initiate the arbitration, you will be required to pay for costs of arbitration up to $250.00. Sloan will be responsible for paying all other costs of arbitration (including the arbitrator’s professional fees), unless the arbitrator determines that your claim was frivolous. If Sloan initiates the arbitration against you, Sloan will be responsible for all costs of arbitration. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a concise statement of the essential findings and conclusions on which the award was based. Should either party bring a dispute in an arbitration forum other than JAMS, the court or arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this arbitration provision. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
PLEASE NOTE THAT IF YOU WISH TO OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE, YOU MUST PROVIDE AN OPT-OUT NOTICE TO SLOAN NO LATER THAN 30 CALENDAR DAYS AFTER THE PURCHASE DATE.
If any portion of this dispute resolution clause is determined by a court of competent jurisdiction or arbitrator to be invalid or unenforceable based upon any rule of law or public policy, all other terms, provisions and conditions of this dispute resolution clause shall nevertheless remain in full force and effect. Specifically, you and Sloan each waive the right to any jury trial should this matter be ordered to proceed in court.
† XLERATOR® is a registered trademark of Excel Dryer, Inc. ↑