Below you will find ORBIS':

• Sales Terms and Conditions
• Purchasing Terms and Conditions
• Web Site Terms and Conditions
• Privacy Policy

ORBIS Corporation
Sales Terms and Conditions

ORBIS Sales Terms and Conditions

Quotations and Prices: All quotations are invitations for offers to purchase, not
offers to sell, are subject to acceptance within 30 days or as otherwise stated on
the quotation, and may be changed or withdrawn prior to receipt of notice of
acceptance.

Acceptance, Governing Provisions and Cancellation: No orders for products or services
of ORBIS (hereinafter called “Seller”), shall be binding upon Seller until
accepted in writing by an authorized official of seller at its home office in
Oconomowoc, Wisconsin. Each order is subject to these terms and conditions and
acceptance by Seller is expressly conditioned on Purchaser’s assent to such terms
and conditions. Different or additional terms or conditions are hereby objected to
and no other terms or conditions will be binding on Seller unless specifically agreed
to in writing. Failure of Seller to object to any purchase order or other communication
from a Purchaser shall not be deemed acceptances thereof or a waiver of these
conditions. Any contract for sale by Seller shall be governed by and construed
according to the laws of the State of Wisconsin. No order accepted by Seller may
be modified, canceled or terminated without Seller’s prior written consent.

Errors and Variances: All clerical errors in Seller’s Quotations, acknowledgments,
shipping documents, and invoices are subject to correction, and such errors do not
relieve Purchaser of obligations. All quantities shown on such documents are subject
to variance by plus or minus 3% or 2,000 units, whichever is less, without
price or other adjustment.

Collect and Third Party Freight: Delivery of products to a carrier at Seller’s plant or
other shipping point shall constitute delivery to Purchaser, and title shall pass to
purchaser at that time at the quantities and condition listed on Bill of Lading. Bill
of Lading signed by carrier at Seller’s designated shipping point constitutes proof of
title transfer from Seller to Purchaser. All risk of loss or damage in transit shall be
borne by Purchaser.
Seller may make delivery in installments, unless otherwise expressly stipulated in
the contract for sale, and each installment shall be separately invoiced and paid for
when due per invoice, without regard to subsequent deliveries. Delay in delivery of
any installment shall not relieve Purchaser of obligations to accept subsequent
deliveries. Seller shall not be liable for any damage as a result of any delay due to
any cause beyond Seller’s reasonable control. Delivery dates shall be extended for a
period equal to any time lost by reason of any such delay.

Storage: If products are not shipped within 15 days after notification to the
Purchaser that they are ready for shipping, for any reason beyond Seller’s control,
including Purchaser’s failure to give shipping instructions, Seller may store such
products at the Purchaser’s risk in a warehouse or yard or upon Seller’s premises,
and the Purchaser shall pay all handling, transportation and storage costs at the
prevailing commercial rates upon submission of invoices.

Payment Terms: The net amount of an invoice shall be due and payable in one
installment according to the terms printed on the invoice and the date of shipment.
Seller may demand full or partial payment in advance before proceeding with the
contract. If payment in full of any invoice is not made by or before the net due
date, Purchaser agrees to pay a service charge on the unpaid balance at the lower
of one and one-half percent (1 1/2%) per month (i.e. 18% per annum), or the maximum
rate permitted by law from the due date until the invoice and all service
charges thereon have been paid in full. Purchaser shall pay all collection fees,
including attorney’s fees, incurred by Seller while attempting to collect past due
invoices.

Taxes and Other Charges: Any manufacturer’s tax, retailer’s occupation tax, use tax,
sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or
charge of any nature whatsoever, imposed by any governmental authority, on or
measured by any transaction between Seller and the Purchaser (other than taxes on
or measured by Seller’s net income) shall be paid by Purchaser in addition to the
prices quoted or invoiced. If Seller is required to pay any such tax, fee or charge,
Purchaser shall reimburse Seller therefore.

Prices Quoted Assume Floor Loading: Packaging requirements on palletized shipments
are subject to a wood pallet charge issued at time of invoice. Shipments
will be packaged to meet international laws and regulations to the extent that
Purchaser orders correct packaging from Seller and notifies Seller in writing of
applicable packaging instructions and requirements, including, but not limited to,
the final destination of goods. Purchaser is liable for any costs associated with
packaging shipments to meet such laws, regulations, and requirements, and such
costs will be charged to the customer at time of invoice. Seller is not liable for
costs, delays, or damage caused by any failure by Purchaser to notify Seller of any
packaging or shipment requirements.

Warranty: Seller warrants its products to be free from defects in materials and workmanship
for a period of one year from date of shipment by Seller. If within such
period any such product is proved to Seller’s satisfaction to be so defective, such
product shall be repaired or replaced at Seller’s option. Seller’s obligation is limited
to such repair and replacement and conditioned upon Seller’s receiving written
notice of any alleged defect within the warranty period and no more than 10 days
after its discovery and, at Seller’s option, return of such products or parts to Seller,
f.o.b. its factory. This warranty shall not apply to products or parts repaired or
altered by others than Seller so as, in its judgment, to affect them adversely or subjected
to negligence, accident, damage by circumstances beyond Seller’s control,
improper use or exposure to excessive heat or ultraviolet radiation, or to other than
normal use or service. With respect to parts not manufactured by Seller, the warranty
obligations of Seller shall in all respects conform and be limited to the warranty
actually extended to Seller by the supplier.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
EXPRESS AND IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Seller shall not be subject to any other obligations or liabilities
whatsoever with respect to its products or services or any undertakings, acts
or omissions relating thereto.

Return of Products: Products may be returned to Seller for credit only when
Purchaser obtains Seller’s written permission in advance. Returns authorized at
Purchaser’s liability are to be returned to the original shipping point, freight prepaid
by the Purchaser. A restocking charge, the greater of 20% of the sales value of the
return or $25.00, will be deducted from the credit issued by seller. Returns authorized
at the Seller’s liability will be returned on the Seller’s specified carrier to the
Seller’s specified destination.

Return of Special Colors or Specifications: Items made to special color and/or
particular specifications of Purchaser are not subject to return.

Consequential Damages: Purchaser shall indemnify Seller against all claims arising
out of alleged infringement of patents, designs, copyrights or trademarks with
respect to any goods manufactured to Purchaser’s specifications. Anything to the
contrary herein contained notwithstanding, Seller shall not be liable for any
consequential, contingent or incidental damages whatsoever.

Multiple Shipping Locations: Individual orders for the same product, to be
drop-shipped to the same customer at more than one location, are subject to the
price for the total quantity ordered. Shipments to locations in excess of three (3)
will have a $50.00 order/invoicing charge added to each additional invoice.

Freight Rate Quotations: Freight rates quoted by ORBIS are considered to be our
best estimate at the time of quotation. ORBIS is unable to guarantee that the actual
freight rates at the time of shipment will be the same as quoted. ORBIS reserves
the right to adjust quoted freight rates to the rate in effect at the time of shipment.

FOB Terms: All products are shipped F.O.B point of origin of shipment. Unless otherwise
requested by Purchaser, goods will be shipped Prepaid and Add via carrier of
Seller’s choice. Prepaid shipping and handling costs will be billed at current
rates. Seller will not provide copies of carrier freight invoices to Purchaser. If
Purchaser specifies carrier, ORBIS does not guarantee shipment in four (4) days.

(06/07v2)

ORBIS Corporation
Purchasing Terms and Conditions

EXCLUSIVE TERMS. THIS ORDER MAY BE CONSTRUED AS AN OFFER OR AN ACCEPTANCE OF AN OFFER. IF THIS ORDER IS CONSTRUED AS AN OFFER, IT EXPRESSLY LIMITS ACCEPTANCE BY SELLER TO THE TERMS OF THIS OFFER AND CONSTITUTES NOTICE OF OBJECTION TO ANY ADDITIONAL OR DIFFERENT TERMS IN THE ACCEPTANCE. IF THIS ORDER IS CONSTRUED AS AN ACCEPTANCE, IT IS EXPRESSLY CONDITIONED ON SELLER’S ASSENT TO ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED HEREIN. All sections of the Uniform Commercial Code which expressly or impliedly protect a buyer are hereby incorporated by reference in this form. No course of dealing, usage of trade or course of performance or other action by Buyer shall be construed as acceptance of any additional or different terms than the terms provided herein. Buyer may revoke this offer at any time prior to acceptance by Seller. Seller shall be deemed to have accepted this order by signing and returning the acknowledgment copy hereof or by other written indication of acceptance, by accepting any whole or partial payment from Buyer or by commencement of performance provided that, the only effect thereof shall be to accept this order on the terms and conditions hereof.

PRICES AND PAYMENT; F.O.B.; RISK OF LOSS. Unless specified on the front hereof to the contrary, the prices charged to Buyer (a) are F.O.B. Buyer’s premises, and (b) include all applicable federal, state and local taxes, charges or duties. No additional charges of any kind will be allowed unless specifically agreed to by Buyer in writing. Seller warrants that the prices charged Buyer on this order shall be no higher than prices charged to its other customers. Payment for Products by Buyer shall be net forty-five (45) days 10th – 25th prox. after receipt by Buyer of: (i) an appropriate invoice from Seller or (ii) the corresponding goods. Buyer may deduct from Seller's invoices any monies owed to Buyer by Seller.  Payment by Buyer will not constitute acceptance of the goods, nor impair Buyer’s right to inspect the goods or invoke any of its remedies. Risk of loss shall remain with Seller until the goods are delivered to Buyer’s premises.

INDEMNIFICATION. Seller agrees to defend, indemnify and hold Buyer, its agents, affiliates, representatives, employees, customers, successors and assigns, harmless from and against any claim demand, action, proceeding, liability, loss, cost or expense whatsoever, including attorneys' fees, arising in connection with any actual or alleged (a) defect in the goods or services, (b) failure by Seller to comply with Buyer’s specifications or with the express or implied warranties of Seller, (c) violation by Seller of any federal, state or local law, rule or regulation, (d) infringement of any patent, trademark, trade name, trade secret, copyright or other property right by reason of the sale, design, construction or use of the goods ordered or services rendered, (e) negligence or misconduct of Seller, its agents, employees or subcontractors, or (f) enforcement by Buyer of its rights hereunder. In the event of any claim, demand, action or proceeding being commenced against Buyer by reason of any of the above matters, Buyer shall give Seller prompt notice thereof in writing.

REPRESENTATIONS AND WARRANTIES. Seller represents and warrants that all goods ordered hereunder shall: (a) be new and not contain any reconditioned parts or materials unless disclosed by Seller and exposed in advance by Buyer, (b) be free from all liens and encumbrances or claims against title, (c) conform strictly with Buyer’s specifications and all other requirements referred to hereunder, (d) be free from defects in design, materials and workmanship, (e) be merchantable and fit for the purposes for which such goods are intended, and (f) not infringe upon any patent, trademark, copyright or other proprietary right. Seller agrees at Buyer's option to promptly replace or otherwise correct, without expense to Buyer, any of the goods which do not conform to the foregoing warranties.  In the event that Seller fails to promptly make such replacement or correction, Buyer may cause such replacement or correction to be made and charge Seller for all expenses associated therewith.  Seller further warrants that the goods/products sold pursuant to this agreement are free of asbestos or asbestos containing materials. Should any of the goods/products be found to contain asbestos, Seller will bear all costs associated with the removal and disposal of said goods/products.  The foregoing warranties survive the acceptance, inspection and payment of and for the goods/products by the Buyer.

INSPECTION; REJECTION; REMEDIES. Goods purchased hereunder are subject to inspection and approval at Buyer's destination notwithstanding any prior payment. Buyer may inspect the goods/services at Seller's premises. Buyer reserves the right to reject, refuse acceptance of, and withhold payment for goods which are not in compliance with Buyer's instructions and specifications, or with Seller's express or implied warranties. Level 1 items require Seller's  certificate of analysis showing that the item meets the requirements of the raw material specifications communicated by Buyer upon purchase. If no raw material specification exists, Seller provides a certificate of compliance to name brand or product identification or certificate of calibration. Level 1 items are defined as such: (a) Resin (all grades and types, except regrind), (b) Colorants (liquid and concentrate) (c) Sheet (thermoforming) (d) Foam (interiors) (e) Plastic corrugated (interiors) (f) Other discretionary items added by Quality Assurance due to the nature of the material to the product or process (g) Calibrated instruments (h) Components that become part of the product and are shipped to the customer, and (i) Finished product manufactured atnon-ORBIS facilities (contract molded). Goods not accepted will be held or returned to Seller at Seller's risk and expense. All remedies specified herein shall be cumulative and in addition to all other or future remedies provided at law or in equity.

CANCELLATION. Time is of the essence and Buyer may cancel this order, in whole or in part, without liability to Buyer: (a) if deliveries are not made at the time and in the quantities specified, (b) in the event of any breach by Seller or Seller's failure to comply with any of Buyer's specifications, or (c) if Seller files a voluntary petition under any federal or state bankruptcy or insolvency act, an involuntary bankruptcy petition is filed against Seller, or Seller is declared insolvent or has a receiver or trustee appointed for it or its assets, or if Seller makes an assignment for the benefit of creditors or commences proceedings under any state insolvency or similar law.

CHANGES. Buyer at any time may make changes in the quantities ordered or in the specifications or drawings relating to the goods, or may change or amend any other term or condition of this order. Any claim for actual losses incurred by Seller due to any such change must be made within 10 days from the date of receipt by Seller of such change or shall be deemed waived. Price increases or extension by Seller of delivery time shall not be binding on Buyer unless agreed to in writing by Buyer.

COMPLIANCE WITH LAWS. Seller shall comply with all applicable federal, state and local laws, regulations and orders. Without limiting the foregoing, Seller warrants that the goods shall be produced in compliance with and shall meet all applicable requirements and standards of the Fair Labor Standards Act and the regulations and orders of the United States Department of Labor issued thereunder, the Occupational Health and Safety Act, and applicable affirmative action laws.

CONFIDENTIALITY. All information furnished by Buyer or learned or observed about Buyer hereunder is confidential and Seller agrees not to utilize or disclose to others such information, except as reasonably required for the purpose of filling this order. Seller shall immediately return any such confidential materials to Buyer at Buyer’s request.

ASSIGNMENT. Seller shall not assign or subcontract any of its rights, duties or obligations under this order without Buyer’s prior written consent. Such consent will not be unreasonably withheld. Such consent shall not relieve Seller from its obligations, from any liability for breach or from any duty to perform.

WAIVER. Waiver by Buyer of a breach by Seller of any provision of this order shall not be deemed a waiver of any other provision of or future compliance with all provisions of this order, and all such provisions shall remain in full force and effect.

CONTROLLING LAW. This transaction shall be governed by, and this agreement shall be construed and enforced in accordance with, the internal laws of the State of Wisconsin, without regard to its conflicts of laws principles.  Seller hereby consents to the jurisdiction and venue of the courts located in Wisconsin.

FORCE MAJEURE. The consequences, direct or indirect, of labor disputes, fires, floods, acts of God, war or any other cause or condition beyond the reasonable control of Buyer or Seller, shall excuse performance to the extent which such performance has been prevented by such occurrence. In the event that either party shall be unable to perform any of its obligations, it shall promptly advise the other of its inability to perform. If the cause is not removed within 60 days, Buyer, in addition to its other remedies, may cancel this order without penalty.  In the event that Buyer is rendered unable by such occurrence to receive and use the goods ordered, it shall be entitled to cancel this order without penalty. 

SERVICES. If Seller is to perform any services on the premises of Buyer, Seller shall indemnify and hold Buyer harmless from any claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the provision of such services, including but not limited to injury to employees of Seller or to third parties or damage to property. Prior to the performance of such services, Seller shall provide Buyer with certificates showing the following types of insurance in such amounts and by insurance carriers acceptable to Buyer: worker’s compensation, public liability, property damage, automobile, pressure vessel and such other special coverage as conditions may require.  Seller represents and warrants that all services provided hereunder shall be performed by competent and qualified personnel in a proper manner consistent with currently accepted industry standards.

HAZARDOUS MATERIALS. Before any chemical, material or equipment that contains a chemical is permitted to be brought into a Menasha facility, a Material Safety Data Sheet (MSDS) must be forwarded to the plant environmental coordinator who will complete a review and approve or reject the acceptance of the shipment(s). Shipment(s) made to any Menasha facility not following this procedure will be rejected at Menasha’s dock and returned to Seller at its sole expense and liability.

ORBIS Corporation
Web Site Terms and Conditions

This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. ORBIS ("Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Your use/access of the Web Site constitutes an unqualified acceptance of and submission to the Terms and Conditions set out herein.

Section 1. Use of Material.

The Company prohibits you from downloading a single copy of the material on this Web site ("Web Site") for your personal, noncommercial, or commercial use unless you have received written permission from the Company.

The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Section 2. Company's Liability.

The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Section 3. Disclaimer of Consequential Damages.

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 4. Links to Other Sites.

The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Section 5. Limitation of Liability.

The aggregate liability for Company to you for all claims arising from the use of the Materials is limited to $100.

Section 6. Indemnity.

By your accessing of this site, you agree to defend, indemnify, and hold harmless the Company, its officers, dirctors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 7. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

Section 8. User Information.

The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes. The treatment and handling of all information shall conform in all material respects with the ORBIS Privacy Policy.

Section 11. General.

This Web Site is based in Neenah, Wisconsin, USA. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

ORBIS Corporation
Privacy Policy

ORBIS, a division of Menasha Corporation, is sensitive to privacy issues on the Internet. It is important you know how we treat the information we receive on the Internet.

In general, you can visit ORBIS on the World Wide Web without telling us who you are or revealing any information. Our web servers collect the domain names but not the e-mail addresses of visitors. This information is aggregated to measure the number of visits, average time spent on the site and pages viewed. ORBIS uses this information to measure the use of our site and to improve the content of our site.

There are times, however, when we may need information from you, such as your name and address. When information is needed, we will try to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account information. Occasionally, we may make information available to other divisions within Menasha Material Handling Corporation whose products or services we think may better support your needs. ORBIS will not sell or rent yourinformation to any other company or individual.

A technology called "cookies" may be used to provide you with tailored information. A cookie is a tiny element of data that a web site can send to your browser which may then be stored on your hard drive so we can recognize you when you return. You may set your browser to notify you when you receive a cookie.

At times we conduct on-line surveys to better understand the needs and profile of our visitors. When we conduct a survey, we will try to let you know how we will use the information at the time we collect the information from you on the Internet.

Our website may contain links to other sites such as distributors and sales affiliates. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.