Jägermeisterstraße 7 - 15
Telephone: +49 5331 81-0
Fax: +49 5331 81-456
Michael Volke (Chairman)
European Company with Headquarters in Wolfenbüttel, Germany
District court of Braunschweig
Business register no.: B 7599
UST-ID.: DE 116 887 214
Responsible for Content
Website concept and design
Jägermeister Herbal Liqueur
Imported by Sidney Frank Importing Co.,
Inc., New Rochelle, New York.
All Rights Reserved.
Welcome to www.Jager.com (the "Site"), brought to you by Sidney Frank Importing Co, Inc. ("SFIC", "We" or "Us"). Jägermeister Herbal Liqueur ("Brand") is imported exclusively by SFIC.
2. Persons Under Legal Purchase Age Are Not Allowed
SFIC maintains this Site for the use of individuals who are of legal purchase age of alcoholic beverages under applicable law, and you must be of legal purchase age where you reside to access this Site or provide any information to us. We do not solicit or knowingly collect Personal Information from any individuals under such legal purchase age, and we do not knowingly market our products or services to persons under such legal purchase age. Prior to the collection of any Personal Information, you will be required to affirm that you are of legal purchase age. For more information on how SFIC supports responsible decision making, visit www.centurycouncil.org .
3. Information Collection, Use and Disclosure
We collect certain Personal Information that you volunteer to us when you visit the Site, use Site services or enter promotions or contests offered on the Site. When you use certain Site services, you may be required to provide us certain Personal Information (for example, billing information if you purchase an item from the Site). SFIC will not sell or rent your Personal Information to anyone. Unless we have your specific consent to use your Personal Information in a different manner, any Personal Information provided by you will be held by SFIC and may only be used by SFIC and its affiliated companies, agents, partners, or other related third parties as indicated on the Site or as described below:
a. Marketing Communications
We may use your Personal Information in order to communicate with you about our products and services. However, you will be able to choose whether or not to receive such communications (See Section 5 below). If you choose to receive such communications, you will be able to unsubscribe from such communications at any time (See Section 6 below).
b. Marketing Analysis
We may use information for internal marketing analysis, for example, to assess trends among our consumers or to measure the amount of traffic to our websites. We may also share non-personal information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any Personal Information about you. We will only share identifiable Personal Information with third parties for marketing analysis with your consent.
c. Transactional Purposes
We may use your Personal Information in order to respond to your queries and requests and to manage transactions such as credit card payments for any goods that you order from us or any of our agents, or for the fulfillment of such transactions (e.g., delivery). The personal information you provide may be used by an authorized vendor to fulfill that order. Unless we tell you differently, these companies do not have any right to use the Personal Information we provide to them beyond what is necessary to assist us.
d. Sale or Transfer
In the event of a sale, merger, consolidation, change in control or transfer of substantial assets to a third party, we may transfer or assign to such acquiring third party information concerning your relationship with us, including without limitation, Personal Information that you have provided and other information concerning your relationship with us.
e. Legal Purposes
We may use your Personal Information in order to respond to subpoenas, court orders or as otherwise required by any law, regulation, legal process or government request or where we believe such action is necessary in order to detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our audit and security requirements, and to audit compliance with or corporate policies, procedures, legal and contractual obligations.
4. Public (or Interactive) Areas of Website
Information that you post on or through the public areas of the Site, if any (such as chat rooms, bulletin boards or discussion groups) are generally accessible to and may be collected by others parties. This may result in unsolicited messages or other unwelcome contact from third parties not related to SFIC. Users of this Site are encouraged to exercise caution when providing Personal Information about themselves in public (or interactive) areas of this Site. SFIC is not responsible for any unsolicited or unwelcome contact from third parties not related to SFIC as a result of you providing any information in public (or interactive) areas of this Site.
5. Receiving Marketing Communications
We may be interested in sending you certain information (digitally or otherwise) regarding the Brand's products, services, promotions, or upcoming events that we believe may be of interest to you. You are able to choose whether or not you are interested in receiving such information. Prior to us sending you any direct digital marketing communications, you will be required to "opt-in" to choose to receive such marketing communications.
6. Editing or Deleting Your Account Information and Preferences
You may request that we edit or delete your account information and preferences, including but not limited "opting-out" from receiving any digital marketing communications, at any time, by requesting so in an e-mail to firstname.lastname@example.org or following the "opt-out" instructions including in the digital marketing communication sent to you, if applicable.
8. Google Analytics
9. External Links
We may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on our pages. This policy was last amended on June 16, 2011.
11. Securing Your Information
We may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on our pages. This policy was last amended on June 16, 2011
We use reasonable administrative, technical, and physical security measures to protect your Personal Information from unauthorized access and use. However, regardless of the effectiveness of our security measures, no security system is impenetrable. We cannot guarantee the security of our database, not can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask you to do your part, by keeping any computer passwords you use to access the Internet or this Site strictly confidential.
Terms of Service
SIDNEY FRANK IMPORTING COMPANY, INC.'S LEGAL NOTICE
1. Use of This Site
b. Permitted Uses.
SFIC maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. If you are of legal purchase age to purchase alcohol in your country of residence and in the country from which you are accessing the Site, you may download material displayed on the Site for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and visual without SFIC's written permission. Changes periodically are made to the information contained in this Site. All material on this website is intended for individuals of legal purchase age. Any material that is downloaded from this website should not be forwarded to individuals below the legal purchase age.
2. Intellectual Property
This copyright notice applies to all proprietary material throughout this Internet site (this "Site"). Unless otherwise noted, product names, designs, logos, titles, text, images, audio or video within this Site are the trademarks, service marks, trade names or other property of Sidney Frank Importing Company, Inc. ("SFIC"), All State Promotions, Inc., Tap Machine Inc., or Mast Jagermeister SE [the "Intellectual Property"]. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property displayed on the Site without the written permission of SFIC.
3. Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by SFIC or Mast Jagermeister SE or its affiliates do not imply endorsement of that product, publication or site. SFIC has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
4. Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. SFIC will fully cooperate with any law enforcement authorities or court order requesting or directing SFIC to disclose the identity of or help identify anyone posting any such information or materials.
Although SFIC may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, SFIC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. SFIC assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
5. Sweepstakes & Promotions
6. No Warranties; Limitation of Liability
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT.
SFIC and Mast Jagermeister SE assume no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
In no event shall SFIC, Mast Jagermeister SE, or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.
You agree to indemnify, defend and hold SFIC, Mast Jagermeister SE, or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the Site or any service offered on or through the Site; (b) any violation of these Terms of Service or any other terms, conditions or policies by you or through any account you may have with any website related to this Site; (c) any transaction by you on the Site; (d) any allegation that any submission or other materials that you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Site visitor, user, or customer, or any other third party; and you agree to reimburse SFIC on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any such claim(s).
8. Termination and Enforcement
9. United States Governing Law
This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of New York, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that SFIC intends to make such products or services available in such countries. Without limitation, you agree that a printed version of these Terms of Service and amendments made hereto shall be admissible in any judicial or administrative proceedings based upon or relating to your use of the Site or these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. Changes to Terms of Service
We may amend these Terms of Service from time to time in our sole discretion. We are under no obligation whatsoever to inform you of any such amendments. This policy was last amended on July 13, 2011.
If any provision of these Terms of Service shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Jägermeister Liqueur 35% alc/vol
Imported by Sidney Frank Importing Co., Inc., New Rochelle, New York.
All Rights Reserved.Print
SIDNEY FRANK IMPORTING CO., INC. PURCHASE ORDER TERMS AND CONDITIONS
These terms and conditions and the documents referred to herein govern all Purchase Orders ("Orders") for goods, materials and products (“Products”) or services (“Services”) issued by Sidney Frank Importing Co., Inc. (“SFIC”) to the Supplier identified on each Order. Fulfillment of any part of an Order, or any other conduct by Supplier which recognizes the existence of a contract, shall constitute acceptance by Supplier of such Order and all of the included terms and conditions (the "Contract Terms"). Acceptance is limited to the Contract Terms of this Order, and SFIC objects to any terms proposed in Supplier's proposal, counter-proposal, sales note, acknowledgment or other form of acceptance of the Order which add to, modify, or conflict with the Contract Terms. No local, general or trade custom or usage shall be deemed to affect this Order unless expressly agreed to in writing. Any such proposed terms shall be void and the Contract Terms constitute the complete statement of the terms and conditions between Supplier and SFIC. The Contract Terms may be modified only by a written instrument executed by Supplier and SFIC. If this Order has been issued by SFIC in response to Supplier's offer and if any of the Contract Terms add to, modify or conflict with any terms of Supplier's offer, then the issuance of this Order by SFIC shall constitute an acceptance of Supplier's offer subject to the express condition that Supplier assents to the Contract Terms. Supplier shall be deemed to have so assented and acknowledged unless Supplier notifies SFIC to the contrary in a writing signed by Supplier's authorized representative within five business (5) days of receipt of this Order. This Order does not create an agency, partnership, franchise or joint venture. SFIC reserves the right to engage an alternate supplier for the Products or Services at any time for any reason.
SFIC may terminate for convenience at any time by written notice any Order or its obligation to purchase any Product or Services from Supplier. In the event of termination, Supplier must stop all work relating to the Order immediately. If an Order is terminated for convenience, then the termination date shall be not less than five business (5) days from the date of notice, unless otherwise mutually agreed to by the parties. SFIC shall pay for any Product or Service received prior to the effective date of termination on a pro rata basis according to the portion of work performed prior to termination. Unless SFIC has requested and received a refund in respect of any undelivered Products or terminated Services, it shall be entitled to the delivery of all Products and completion of all Services for which it has paid prior to the effective date of the termination. In addition to any other remedy provided at law or equity, either party shall have the right to immediately terminate or cancel an Order, and any obligation to purchase, sell or provide a Product or Service, in the event the other party (a) breaches or fails to comply with any condition of the Order or any related agreement, and such failure is not remedied within thirty (30) days after written notice thereof has been given to such other party; (b) becomes insolvent; or (c) becomes subject to any bankruptcy proceeding. Further, SFIC shall have the right to immediately terminate an Order and its obligation to purchase a Product or Service in the event that Supplier makes an unauthorized use of SFIC’s trademarks, patents, copyrights or any other SFIC intellectual property. 3. Confidentiality Supplier shall hold all SFIC Confidential Information which has been provided in strict confidence, shall not use in any way or disclose any Confidential Information directly or indirectly to any other party and such information shall be used by Supplier only in those facilities where the Products are manufactured or Services are rendered and only in connection with the manufacture of the Products or provision of Services. Confidential Information shall mean secret or proprietary information of, or data maintained as confidential by SFIC. All records, files, documents, information, data and other similar items relating to SFIC’s business operations, regardless of who prepared them, shall remain the exclusive property of SFIC.
Supplier warrants that all Products and Services supplied to SFIC by Supplier shall conform to the specifications, drawings or other description upon which this Order is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship and free from defects. Inspection, testing, acceptance or use of the Products by SFIC shall not affect Supplier's obligations under this warranty, and such warranty shall survive inspection, testing, acceptance and use. Supplier agrees to replace or correct promptly defects of any Products or Services not conforming to the foregoing warranty without expense to SFIC. In the event of Supplier's failure to correct defects in or replace non-conforming Products or Services promptly, SFIC may, after reasonable notice to Supplier, make such corrections or effect cover at Supplier's expense.
This Order must not be filled at a price higher than shown on the Order. All monetary amounts are in U.S. dollars unless otherwise specified. Any change must be authorized on a Change Order written by SFIC. If no price is shown, Supplier must notify SFIC of the price and SFIC’s acceptance must be obtained in writing before filling the Order. The price shall not in any event be higher than the lowest price Supplier provides to any of Supplier's other customers ordering similar quantities. Delivery of Products shall be f.o.b. point specified by SFIC on the Order. Supplier will not charge for boxing, packing, crating or other charges. Supplier’s prices include and Supplier shall be responsible for paying all costs, charges and expenses, including without limitation all shipping, transportation, logistical and customs charges, incurred prior to delivering the Products to the f.o.b. point specified. 6. Taxes SFIC will not be liable for any taxes with respect to an Order, except for documented sales, use, excise, ad valorem, value added or consumption taxes imposed by any governmental authority for the purchase of the Products or Services Supplier provides to SFIC which Supplier is required by law to collect from SFIC. SFIC shall not be liable for any taxes if SFIC has provided a tax exemption certificate. SFIC will be entitled to deduct withholding taxes required by law from the amount of such fees. Supplier shall act as an independent contractor in the performance of its services hereunder.
Supplier agrees to issue invoices referencing the Order number, description and quantity of items, unit prices, total due and ship to address. Taxes, if any, that are to be collected by Supplier shall be stated separately and shall be remitted by Supplier to the appropriate taxing authority. All invoices shall be mailed to SFIC at 20 Cedar Street, Suite 203, New Rochelle, New York 10801, USA.
8. Force Majeure
Neither SFIC nor Supplier shall be liable to the other for any loss, injury, delay or damage whatsoever suffered or incurred by the other party due to causes beyond such party’s control, including but not limited to, acts of God, strikes or other labor disturbances or third parties, war, sabotage, acts of terrorism and any other cause or causes, whether similar or dissimilar to those herein specified, which cannot be controlled by such party. If any party is prevented from performing any of its obligations hereunder by the occurrence of such events, then the affected party shall be excused from performance for so long as such occurrence exists.
9. Intellectual Property
SFIC is the owner and/or exclusive licensee of certain trademarks (“Marks”) related to its business. Each and every part of the Marks (including the design and appearance of any Products which bear any of the Marks) are, and shall remain, the sole property of SFIC (or the owner thereof if such Marks are licensed to SFIC). Supplier, for itself and its affiliates, agrees that it will not infringe or misuse the Marks; contest or attack SFIC’s rights in the Marks; or file any application for any trademark, or obtain or attempt to obtain ownership of any trademark, in any country of the world, which refers to any of the Marks. Supplier’s right to manufacture any Products bearing any of the Marks shall extend only as set forth in the Order and is subject to the Contract Terms. Supplier may not sell any Products or other goods bearing any of the Marks to any person or entity except SFIC. SFIC may terminate Supplier’s right to manufacture any Products bearing any of the Marks at any time for any reason. Supplier will inform SFIC if any Products or its components are subject to patent protection by Supplier or any third party, and shall release, indemnify and hold SFIC harmless for any claims arising from Supplier’s failure to provide such notice. Supplier agrees that all qualifying works created by Supplier on behalf of SFIC (the "Work"), if any, shall be considered to be a work made for hire. Supplier acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) shall be the sole and exclusive property of SFIC. If for any reason the Work would not be considered a work made for hire, Supplier does hereby sell, assign and transfer to SFIC, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and all associated proprietary rights. Supplier agrees to execute all papers and to perform such other acts as necessary to secure for SFIC the rights described herein. Supplier shall not contest, dispute or otherwise object to SFIC’s rights described herein. Except for any materials contributed to the Work by SFIC, Supplier warrants that it is the sole developer of the Work and has full power to make this agreement, and that the Work or any Product or other goods or services does not infringe any patent, trademark, copyright or violate any other intellectual or proprietary rights of third parties.
Supplier hereby agrees to release, defend, indemnify and hold SFIC, Tap Machine Inc., Mast- Jägermeister (USA), Inc., Mast-Jägermeister SE, and/or any of their related companies and business partners, and each of their owners, officers, directors, employees and/or agents harmless against any and all legitimate bona fide claims, demands, causes of action and judgments (including reasonable attorney’s fees, expert fees and court costs) of any third party arising from or relating to (i) a breach of any representation or warranty made by Supplier, (ii) infringement by Supplier of a patent, copyright, trademark, trade secret or other intellectual or proprietary right of a third party, (iii) personal injury, death, property damage or other loss sustained by such third party relating to or arising from any Product produced by or Service provided by Supplier, (iv) an alleged or actual design defect, production defect or other defect, (v) the negligence or willful misconduct of Supplier, or (vi) failure of Supplier to comply with any applicable law in any jurisdiction.
11. Insurance/Independent Suppliers
Supplier shall furnish SFIC with certificates of insurance from companies meeting an A.M. Best rating of at least A XV showing that Supplier is covered by commercial general liability insurance and products liability insurance with limits of not less than $2,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage, as well as suitable workers compensation insurance. These insurance policies shall name SFIC as an additional insured, be primary and non-contributory to any insurance available or maintained by SFIC. Additional insurance requirements may apply as determined by SFIC. No exceptions to these coverages may be made unless approved in writing by SFIC. Failure to provide such a certificate shall not constitute a waiver of this requirement.
12. Limitation of Liability
IN NO EVENT WILL SFIC BE LIABLE TO SUPPLIER OR ANY THIRD PARTY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY LOSS OF PROFITS OR BUSINESS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING FROM OR AS A RESULT OF THESE CONTRACT TERMS, ANY ORDER OR ANY AGREEMENT BETWEEN THE PARTIES RELATING TO THE PRODUCTS, SERVICES OR DELIVERABLES SUPPLIER PROVIDES.
All Products and Services furnished pursuant to this Order shall strictly conform to the specifications, directions, instructions, designs, descriptions and warranties set forth herein. SFIC reserves the right to make changes in drawings, designs, specifications, scope of work to be performed, time and place of delivery and method of transportation. If such change is to be made, it will be evidenced in writing by SFIC in the form of a revised Order (“Change Order”). Supplier may not make any changes without SFIC's written Change Order acknowledging the change.
Unless otherwise specified, the Products Supplier sells to SFIC shall be (a) packed, marked and otherwise prepared for shipment in a manner which is in accordance with good commercial practice, (b) acceptable to common carriers for shipment at the lowest rate for the particular Products and in accordance with applicable regulations, and (c) adequate to insure safe arrival at the named destination. Supplier agrees to mark all containers with necessary lifting, handling, and shipping information and also order numbers, date or dates. A packing list must be enclosed in all shipments showing the Order number and exact quantity and description of the Products shipped.
15. Risk of Loss
Regardless of the method of shipment used, Supplier agrees to deliver all Products specified on the Order to the location(s) specified at Supplier's own risk. Supplier shall bear the risk of loss, destruction or damage until the items are delivered to the f.o.b. point specified by SFIC, except as provided in Section 17 hereof.
Time is of the essence. Supplier agrees to comply with SFIC's shipping and delivery schedules without delay. The Date Required set forth on the Order is the latest date on which Supplier will deliver the Products to the f.o.b. point specified or complete and deliver the Services to SFIC. No partial shipments, changes or substitutions in specifications may be made without SFIC's prior written consent. SFIC's acceptance of late shipments or partial shipments shall not constitute a waiver of any of SFIC's rights to collect damages for Products not delivered or for late delivery. Supplier shall report to SFIC any delays in a schedule immediately as they become known to Supplier. SFIC reserves the right to cancel this Order and effect cover if Supplier cannot comply with the schedule(s) indicated on this Order. If dates are not specified on this Order, Supplier shall procure materials, fabricate, assemble and ship goods or provide services only as authorized by shipment releases SFIC issues to Supplier. SFIC may from time to time, and with reasonable notice, suspend schedules specified in the Order or such shipment releases.
Payment by SFIC for the Products or Services delivered hereunder shall not constitute SFIC's acceptance. SFIC retains the right to inspect the Products or Services and to reject any or all of the Products or Services which are in SFIC's judgment defective. Products rejected by SFIC or supplied in excess of quantities called for herein may be returned to Supplier at Supplier's expense. SFIC may charge Supplier all expenses of unpacking, examining, repacking, and reshipping such Products. In the event SFIC receive Products whose defects is not apparent on examination, SFIC reserves the right to require the replacement, as well as payment of any resulting damages.
Supplier may not assign, subcontract or transfer this Order without SFIC's prior written approval. All claims for monies due or to become due from SFIC shall be subject to deduction by SFIC for any setoff or counterclaim arising out of this or any other Orders with Supplier whether such setoff or counterclaim arise before or after such permitted assignment or subcontract by Supplier.
19. Premium Transportation
If it becomes necessary for Supplier to ship by a more expensive mode than specified on the face of this Order in order to meet a schedule, Supplier shall pay any resulting premium transportation cost unless Supplier can establish to SFIC's satisfaction that the necessity for the change in routing is occasioned by force majeure events.
Any export credits belong to SFIC, and Supplier shall furnish all documents required for international shipments, and upon request, all documents required by SFIC to obtain export credits and customs drawback and remission. Supplier shall include a priced invoice with the master packing slip for international shipments. Upon SFIC's request, Supplier shall furnish certificates that identify the country of origin of the materials used in the Products SFIC purchase from Supplier and the value added thereto in each country.
21. Compliance With Laws
Supplier warrants that it holds all permits, licenses and other authorizations in compliance with and shall abide by all applicable laws and regulations of the United States of America and the country of its domicile. Supplier warrants that all Products and Services comply with all laws, regulations, orders and other requirements applicable in any jurisdiction: (a) in which any such Products are manufactured; (b) through or to which any such Products are transported or delivered; and (c) in which any such Services are provided. Supplier warrants that all Products and Services comply with all laws, regulations, orders or requirements of the United States and any other applicable jurisdiction (including individual states and local requirements) that apply to any such Products and Services. Supplier further warrants that all Products and substances contained therein comply with all hazardous substance and consumer product health and safety laws, regulations and requirements of the United States and any other applicable jurisdiction, including, but not limited to all U.S. Food and Drug Administration, U.S. Consumer Products Safety Commission and other U.S. federal and individual state standards. Supplier warrants that there has been no intentional addition of any toxic materials during the manufacturing process or otherwise to any materials or Products that Supplier sells to SFIC. Supplier will provide Material Safety Data Sheets as required by SFIC.
SFIC's remedies shall be cumulative and shall include any remedies allowed by law. Waiver of any breach by SFIC shall not constitute SFIC's waiver of any other breach of the same or any other provision. Acceptance of any items or payments therefore shall not waive any breach.
23. Governing Law/Submission to Jurisdiction
This Order and all relations between the parties shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America. Supplier consents to the exclusive jurisdiction of the U.S. District Court for the Southern District of New York and of any of the courts of the State of New York in any dispute arising between the parties and submits to the personal jurisdiction of such courts. All documents exchanged between the parties, shall be in English.
24. Entire Agreement
This Order shall constitute the entire agreement between Supplier and SFIC, and shall incorporate by reference the Corporate Compliance Guidelines letter between the parties (if any). In the event any of the terms and provisions of this Order are in violation of, or prohibited by, any applicable law or regulation, such terms and provisions shall be deemed as amended or deleted to conform to such law or regulation without invalidating or amending or deleting any of the other terms or conditions of this Order.
Jägermeister Herbal Liqueur
Imported by Sidney Frank Importing Co.,
Inc., New Rochelle, New York.
All Rights Reserved.Print