Legal notes
Terms of Use
This site, https://www.metabo.com/us/enus/, (“the Site”) is operated Koki Holdings America Ltd.
When accessing, using, or otherwise interacting with this Site, irrespective of version, or when copying or using any material, information, software, or services proffered by the Site (collectively “Content”), you agree to the terms and conditions (the “Terms of Use”) contained in this agreement. You further agree to the Metabo's Privacy Policy as may be modified from time to time. You further acknowledge and accept that this is an enforceable contract between you and Metabo, and that your acceptance of this contract is manifested by your access to the Site and/or its Content.
By accessing, using, or otherwise interacting with the Site or its Content, you acknowledge that you have read, understand and accept these Terms of Use. Additionally, you represent and warrant that you have the right, power, and authority to enter into the contract between you and Metabo as evidenced by the Terms of Use and Privacy Policy. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in beach of these Terms of Use.
Metabo reserves the right to change these Terms of Use from time to time without notifying you. If you object to any such changes, you should cease using the Site. Continued use of the Site following the effective date any such changes indicates your acknowledgement of such changes and agreement to be bound by the modified Terms of Use. Metabo may remove all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms of Use or the Privacy Policy, or do not have the capacity to enter into contracts, please do not use the Site.
Site Purposeand understand that nothing on this site is meant to provide binding guidance or suggestions. Metabo is not responsible for any act or omissio
The site provide the Content and information only for informational purposes. You agree n relying upon information on the Site or any third-party online location that may be accessed by a link from the Site. In addition to your use of the Site, your use of Content is subject to the additional terms, disclaimers and caveats that appear in the Terms of Use, Privacy Policy and as otherwise might be indicated on this Site.
Limitations on Use of Site
This Site, including all Content, is protected by worldwide copyright laws and treaty provisions regardless if a copyright notice is present on the Content. All information, data, text, software, music, sound, photographs, images, graphics, video, messages or other Content on this Site is subject to the copyrights and other intellectual property rights of Metabo, its affiliates, and/or its licensors or licensees. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Metabo does not grant any express or implied right to you for any of its patents, trademarks, copyrights, or other intellectual property.
Subject to your continued compliance with these Terms of Use, Metabo grants you a non-exclusive, non-transferable, limited right to access, use, display, and interact with this Site and its Content. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Metabo’s claims of ownership or validity of its rights in the Content on this Site.
Metabo authorizes you to access and download the Content at this Site only for your personal, non-commercial use. Metabo may suspend or terminate this authorization at any time, for any reason. This authorization is not a transfer of title in the Content and copies of the Content are subject to the following restrictions:
· Any downloaded Content must retain any proprietary notice contained on such Content as it appears on the Site;
· You may not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content;
· Modify, merge or create derivative works of any portion of the Content;
· Decompile, disassemble or reverse engineer any Content on the Site; and
· You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use.
When using the Site or Content, you may not:
· Upload, post, e-mail or otherwise transmit any material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· Interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
· Violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance;
· Engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
· Use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any Content contained thereon without Metabo’s prior expressed written permission; or
· Use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.
Third-Party Links
The Site may include links to other websites or locations some of which may be operated by Metabo or its affiliates, and others operated by third parties. These links are merely for convenience to you. We have not reviewed the information on other sites. We are not responsible for the content of any other sites or any products or services that may be offered through other sites. As such, any link offered is not an endorsement of the respective site or of the content on it. Further, any site we link to may contain its own terms of service, which you should read and to which adhere.
Copyright Infringement Claims and Designated Agent
Metabo maintains a policy to respond to claims of intellectual property infringement. Metabo will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Metabo
1111 Broadway Ave.
Braselton, GA 30517
In your notification, please include:
· Your physical or electronic signature;
· Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works;
· Identification of the Content that you claim to be infringing, and information reasonably sufficient to permit us to locate the Content;
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
· A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by you or the law; and
· A statement that the information your notification is accurate.
If the notification is submitted by someone on your behalf, the notification must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
Trademarks
The Site uses various Metabo trademarks and service marks. You may not use or display such marks in any manner without the prior written permission of Metabo, except as to identity Metabo products only for personal use. This Site may also use other trademarks and service marks proprietary to third parties, or are licensed to, or owned by Metabo. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner, unless to identify such products only for personal use.
Remedies for Breach
If you breach of any of the provisions of these Terms of Use, Metabo’s remedies shall include any monetary benefits that accrued to you resulting from the breach, any costs or damages Metabo incurs resulting from such breach, and any other damages and relief available at law or in equity. If Metabo retains any third party to obtain any remedy to which it is entitled under these Terms of Use, Metabo shall be entitled to recover all costs, including attorneys' fees or collection agency commissions that Metabo incurs.
IF YOU CAUSE A DISRUPTION OF THE SITE, CONTENT, OR SERVICES OR THE SYSTEMS TRANSMITTING THEM, WHETHER OR NOT BY TECHNICAL MEANS, TO YOU OR ANYONE ELSE, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) RESULTING FROM THAT DISRUPTION.
Indemnity
You agree to indemnify and hold harmless Metabo and its affiliates and their respective officers, agents, partners, directors, employees, and any other related party from and against any third-party claims or demands (including reasonable attorneys’ fees), resulting from your use of the Site. You will fully cooperate as reasonably required in the defense of any such claim or demand. Metabo, at its sole discretion, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense. Neither you nor Metabo shall not in any event settle any such matter without the written consent of the other.
Disclaimers
YOU ACKNOWLEDGE THAT THE WEBSITE AND SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. METABO AND ITS LICENSORS OR LICENSEES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, INCLUDING THE INFORMATION SUPPLIED BY METABO. METABO DOES NEITHER REPRESENTS NOR WARRANTS THAT: (A) THE USE OF THE WEBSITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL BE ABLE TO FUNCTION IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (B) THE WEBSITE AND SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY METABO INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. METABO, ITS LICENSORS, AND LICENSEES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY METABO OR ITS LICENSORS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. METABO SHALL HAVE NO LIABILITY TO YOU IN THE EVENT OF A FAILURE OF THE WEBSITE OR ANY SERVICES.
YOU AGREE THAT YOUR ACCESS TO THE WEBSITE AND USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE ENTIRELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE WEBSITE OR USE OF THE SERVICES.
Limitation of Liability
METABO, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON ANY CONTENT SHALL BE AT YOUR SOLE RISK. METABO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION IN ANY PORTION OF THE SITE OR THE CONTENT. YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY METABO FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM INCORRECT OR INCOMPLETE INFORMATION ON THE SITE.
Arbitration, Choice of Forum and Choice of Law
You and Metabo agree to submit all disputes between them arising out of or relating to the Terms of Use and Privacy Policy, the breach, alleged breach or interpretation thereof, or your use of the Site and the Content to binding arbitration except that this provision shall not apply to requests for injunctive relief. By entering into this Agreement, the you and Metabo each specifically acknowledge and understand that the right to the determination and/or trial of any Claims in court before a judge or a jury is a valuable right, and that by accepting this Agreement to arbitrate Claims, you and Metabo knowingly and voluntarily waive any and all rights either party may have to assert any Claims in any court of competent jurisdiction and to a determination and/or trial before a judge or a jury.
Within thirty (30) days after you or Metabo has notified the other in writing that it is submitting a dispute to arbitration, one arbitrator shall be chosen under the then current Rules of the American Arbitration Association (hereinafter “AAA”) pertaining to commercial disputes. Neither you nor Metabo shall be allowed to object to any arbitrator appointed by AAA. The ensuing arbitration shall be held in Philadelphia, PA, and shall be conducted according to the Rules of the AAA. The arbitration award shall be by a written decision containing findings of fact and conclusions of law and shall be final and binding. It may be entered in and enforced by any court of competent jurisdiction. The party prevailing in the arbitration or any other legal proceedings shall be entitled to recover its costs including reasonable attorney's fees incurred due to the arbitration or other legal proceedings. In no case shall the arbitrator be authorized to award cost and damages otherwise prohibited herein.
The Terms of Use, Privacy Policy and your use of the Site and the Content shall be governed by and construed in accordance with the laws of Pennsylvania without regard to its choice of law rules, it being the intent of the parties that the internal laws and forum of Pennsylvania shall govern any and all disputes arising out of or relating to the Terms of Use, Privacy Policy or your use of the Site and the Content. You irrevocably consent to submitting to the jurisdiction of the state and federal courts located in Philadelphia, Pennsylvania for purposes of obtaining injunctive relief and enforcement of an arbitration award, and you further consent to service of process by mail for purpose of instituting such legal proceedings.
Severability
If any portion of the Terms of Use is determined to be illegal, invalid, or unenforceable in any respect, such part shall be deemed severed from the Terms of Use without invalidating the remaining provisions or affecting the enforceability of the remaining provisions.
Waiver
No waiver by Metabo of any right under or term or provision of the Terms of Use or Privacy Policy will be deemed a waiver of any other right, term, or provision of the Terms of Use or Privacy Policy at any time.
Other Agreements
Notwithstanding anything to the contrary herein, if you and Metabo have entered into a separate written agreement that covers your use of the Site or any Content thereon, including Metabo software (if applicable) or services (including, without limitation, any license agreement or non-disclosure agreement), the terms and conditions of such agreement shall control to the extent they are inconsistent with these Terms of Use.
Metabo Privacy Policy
Website Visitors
Like most website operators, Metabo collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Metabo’s purpose in collecting non-personally identifying information is to better understand how Metabo’s visitors use its website. From time to time, Metabo may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Metabo also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on WordPress.com blogs. Metabo only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Metabo’s websites choose to interact with Metabo in ways that require Metabo to gather personally-identifying information. The amount and type of information that Metabo gathers depends on the nature of the interaction. Individuals or entities might be able to engage in transactions with Metabo are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Metabo collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Metabo. Metabo does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Given the international scope of the Operators websites, personal information may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information. If you are unsure whether this Privacy Policy is in conflict with applicable local rules, you should not submit your information. If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection. Nevertheless, in accordance with local laws implementing European Union Directive 95/46/EC of 24 October 1995 (“EU Privacy Directive”) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Policy and to its transfer to and/or storage in the United States of America.
Children’s Privacy
Metabo is committed to protecting the children’s privacy, especially those under 13. As such Metabo encourages parents and guardians to be actively involved with their child or children’s online browsing and interests. Metabo does not intentionally collect information from minors. Furthermore, Metabo does not target its Site to children.
Links to Non-Operators Web Sites
The Site may include links to other websites or locations some of which may be operated by Metabo or its affiliates, and others operated by third parties. These links are merely for convenience to you. We have not reviewed the information on other sites. We are not responsible for the content of any other sites or any products or services that may be offered through other sites. Thus, you should exercise caution when using other websites, as you do so at your own risk. Metabo encourages you to review the privacy policy of any web site before submitting personal information.
Aggregated Statistics
Metabo may collect statistics about the behavior of visitors to its websites. Metabo may display this information publicly or provide it to others. However, Metabo does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Metabo discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that:
· need to know that information in order to process it on Metabo’s behalf or to provide services available at Metabo’s websites, and
· that have agreed not to disclose it to others.
Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Metabo’s websites, you consent to the transfer of such information to them. Metabo will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Metabo discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Metabo believes in good faith that disclosure is reasonably necessary to protect the property or rights of Metabo, third parties or the public at large. If you are a registered user of an Metabo website and have supplied your email address, Metabo may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Metabo and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Metabo takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies and Do Not Tract Requests
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Metabo uses cookies to help Metabo identify and track visitors, their usage of Metabo website, and their website access preferences. Metabo visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Metabo’s websites, with the drawback that certain features of Metabo’s websites may not function properly without the aid of cookies. Metabo will not honor do not tract requests.
Business Transfers
If Metabo, or substantially all of its assets, were acquired, or in the unlikely event that Metabo goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Metabo may continue to use your personal information as set forth in this policy.
Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Metabo and does not cover the use of cookies by any advertisers.
Opting Out
Occasionally, Metabo may email you electronic newsletters, announcements, surveys or other information, or otherwise communicate with you via an automatic process. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided within the electronic newsletters and announcements, or emailing opt.out@metabousa.com indicating your desire to be taken off any list or have your data removed from Metabo’s services.
Privacy Policy Changes
Although most changes are likely to be minor, Metabo may change its Privacy Policy from time to time, and in Metabo’s sole discretion. Metabo encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this Site after any change in this Privacy Policy will constitute your acceptance of such change.
Disclaimers and Limitation of Liability
This privacy policy shall be governed by the same disclaimers and limitations on liability as found in Metabo’s Terms of Use insofar as they are applicable and insofar as permitted by law.
Governing Law and Exclusive Venue
This privacy policy shall be governed by the same Governing Law and Exclusive Venue as found in Metabo’s Terms of Use insofar as those terms are applicable and insofar as permitted by law.
Metabo Supply Chain Warning
Metabo supports the goals and ideals of the California Transparency in Supply Chains Act of 2010 and is always striving to be the best power tool manufacturer as well as a responsible corporate neighbor and citizen. The Metabo Corporate Business Principles are the foundation of the company’s culture, developed over the course of 140 years. Since Metabo’s beginning, we have built our company driven by the notion that for the long-term success of the company, the long-term profitability of its shareholders, and the goodwill of our customers, we must not only comply will all appropriate legal requirements, but also ensure that what we do is sustainable and creates value to our collective society.
As such, Metabo institutes the following:
1. Product Supply Chains / Suppliers
Metabo believes that the regular practice and habit of responsible actions underpins its commitment. We bind our suppliers to The Metabo Supplier Code, which sets forth non-negotiable minimum standards for Metabo’s suppliers. These standards ensure that Metabo products are handled with Health and Safety, Labor Standards, Business Integrity, and the Environment in mind. Metabo also obligates its suppliers to impose the same principles and requirements on its own suppliers pursuant to its contracts.
In short, our suppliers must: comply with the applicable laws of all relevant jurisdictions, be intolerant of any corruption or bribery, and obey the fundamental rights of its employees and the prohibition against child labor. Furthermore, the suppliers are responsible for their employees’ health and safety at work, fair wages and working hours, and compliance with the applicable environmental protection laws.
2. Supplier Audits
Metabo also requires, through its Standard Supplier Agreement, that its vendors comply with the principles and requirements of the Code of Conduct for Suppliers of the Metabo group, and reserves the right to request the supplier verify in writing its compliance, as well as reserving the right to verify through on-site audit of the suppliers’ premises.
If Metabo becomes aware of any actions or conditions not in compliance with the Metbo Supplier Agreement, Metabo reserves the right to demand corrective measures. Metabo reserves the right to terminate an agreement with any supplier who does not comply with the Metabo Supplier Code.
3. Human Rights in our business activities
As indicated in the Metabo’s stated business principles, Metabo fully supports the United Nations Global Compact’s (UNGC) guiding principles on human rights and labor, and aims to provide an example of good human rights’ and labor practices throughout our business activities.
4. Code of Business Conduct
The Metabo Corporate Business Principles contain values, principles, and commitments that Metabo has across the world. This Code of Business Conduct specifies and helps the continued implementation of the Metabo Corporate Business Principles by establishing certain nonnegotiable minimum standards of behavior in key areas.
5. Employee Training
The Metabo Corporate Business Principles was provided to each of our employees by the end of 2010. It also came with additional learning and training tools. Employees were asked to acknowledge their receipt and reading of The Metabo Corporate Business Principles.
The Metabo Corporate Business Principles will continue adapt to a changing world and changing requirements. Our basic tenants are unchanged though. Our company was founded on honesty, transparency, and a commitment to long-term growth as a brand and as a neighbor.
California Proposition 65 Compliance
The following warning appears on many products and may appear on some of ours:
WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
This warning in compliance with the California Safe Drinking Water and Toxic Enforcement Act of 1986, or more commonly referred to as “Proposition 65.”
The warning does not by itself mean that our products cause cancer or reproductive harm. Importantly, the Proposition 65 warning does not indicate that a product is in violation of any product-safety standards or requirements. California has expressed this fact publically stating, “[t]he fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe.” Califronia also explained, “You could think of Proposition 65 more as a ‘right to know’ law than a pure product safety law.” See http://oehha.ca.gov/prop65/background/p65plain.html.
Thus, while we are firmly committed to providing safe and reliable products, Proposition 65 requires us to provide the above notice.
What is Proposition 65?
Proposition 65 applies to any company selling, manufacturing, or otherwise producing products brought into or made in California. It requires the Governor of California to maintain and publish a list of chemicals that are known to cause cancer, birth defects and/or other reproductive harm. This list is updated annually and includes a variety of chemicals, most of which can be found in household items, such as dyes, cleaning supplies, drugs, food-additives, pesticides, fertilizers and tobacco products. The purpose of Proposition 65 is to ensure that people are informed about exposure to these chemicals.
Proposition 65 further mandates warnings placed on all products, product packagings, or product literature, which contains or may contain any of the myriad chemicals that the California Air Resources Board considers harmful. As has been noted, many of the chemicals requiring a Proposition 65 warning are routinely used in household consumer items for years without documented harm.
A business does not have to post such warnings if it demonstrates that exposure to a listed Proposition 65 chemical causes or poses “no significant risk.” For carcinogens, the “no significant risk” level is calculated as not more than one excess case of cancer in 100,000 individuals exposed over a 70-year lifetime. Put simply, if you are exposed to the chemical in question at this level every day for 70 years, theoretically, it will increase your chances of getting cancer by no more than 1 case in 100,000 individuals so exposed.
For reproductive toxicants, the “no significant risk” level is calculated as even if the exposure was multiplied by 1,000, it would not produce birth defects or other reproductive harm. Put simply, the level of exposure is below the “no observable effect level,” divided by 1,000. (The “no observable effect level” is the highest dose level which has not been associated with observable reproductive harm in humans or test animals.)
A Proposition 65 warning usually arises out of two reasons: (1) the business has evaluated the exposure and has concluded that it exceeds the “no significant risk level;” or (2) the business has chosen to provide a warning simply based on its knowledge about the presence of a listed chemical without attempting to evaluate the exposure. Metabo has chosen to provide a warning based on its knowledge about the presence of one or more listed chemicals without attempting to evaluate the level of exposure, as not all of the listed chemicals provide exposure limit requirements. With Metabo's products, the exposure may be negligible or well within the “no significant risk” range. However, out of caution, Metabo has chosen to provide the Proposition 65 warnings.
I purchased this product outside of California; why it is included?
Our products are sold across the nation and internationally. It is extremely difficult and unduly costly to determine those products that will ultimately be bought or brought into California. Thus, to ensure compliance with Proposition 65’s requirements, Metabo include all such warnings on its products out of an abundance of causation.
For more information about Proposition 65 visit: http://www.oehha.ca.gov/prop65/getNSRLs.html
California Transparancy Law in Brief
Large retail sellers and manufacturers across the nation who are doing business in California face a deadline of January 1, 2012 to comply with the California Transparency in Supply Chains Act of 2010, Civil Code Section 1714.43, also known as Senate Bill 657 (Steinberg) (2009-10).
Signed into law in 2010 by former Governor Arnold Schwarzenegger, the Act requires every retail seller and manufacturer doing business in California and having annual worldwide gross receipts that exceed $100 million to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.
The Act's stated intent is "to ensure large retailers and manufacturers provide consumers with information regarding their efforts to eradicate slavery and human trafficking from the supply chains, to educate consumers on how to purchase goods produced by companies that responsibly manage their supply chains, and, thereby, improve the lives of victims of slavery and human trafficking."
Who must comply with the California Transparency in Supply Chains Act?
If the company answers "yes" to the following three questions, it is subject to the Act:
1. Is the company a "retail seller" or "manufacturer?"
As self-reported on its California tax return, a "retail seller" is "a business entity with retail trade as its principal business activity code," and a "manufacturer" is "a business entity with manufacturing as its principal business activity code."
2. Is the company "doing business in California?"
Doing business in California is defined as "actively engaging in any transaction for the purpose of financial or pecuniary gain or profit."
3. Does the company have annual worldwide "gross receipts" that exceed $100,000,000?
"Gross receipts" include "gross amounts realized… on the sale or exchange of property, the performance of services, or the use of property or capital… in a transaction that produces business income, in which the income, gain, or loss is recognized… under the Internal Revenue Code..." It does not include, even if business income, items identified in California Revenue and Taxation Code Section 25120(f)(2)).
What disclosures are required under this new law?
The Act requires, at a minimum, disclosure of what actions the company is taking, if any, in five areas:
· Engaging in verification of product supply chains to evaluate and address risks of human trafficking and slavery, specifying if the verification was not conducted by a third party.
· Conducting audits of suppliers to evaluate compliance with company standards for trafficking and slavery in supply chains, specifying if the verification was not an independent, unannounced audit.
· Requiring direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.
· Maintaining internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking.
· Providing company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products.
How must the disclosures be made?
The required disclosures are to be posted on the company's website with a "conspicuous and easily understood link" to the required information on the website's homepage. If the retail seller or manufacturer does not have a website, consumers are to be provided the written disclosures within 30 days of receipt of a written request.
When must the disclosures be posted?
The disclosures required by the Act must be posted starting on January 1, 2012.
Who is entitled to enforce the Act?
The exclusive remedy for a violation of the Act is an action brought by the Attorney General for injunctive relief. This section, however, is not intended to limit remedies available for a violation of any other state or federal law.
What else do you need to know?
The Franchise Tax Board will also be required to make available to the Attorney General a list of retail sellers and manufacturers that would be covered by the Act.