Correspondence with Envision, including but not limited to e-mail, becomes the property of Envision upon delivery. Envision respects website user’s right of privacy and will handle personally identifiable information in accordance with the Privacy Policy provided below.

Envision appreciates the efforts of others to spread the word about our high-quality products, including companies and organizations providing a link to Envision’s website. To foster consistent messaging, please inform us in advance of your intention to publish any link to the Envision website.

Envision’s manufacturing facilities are exclusively located in the United States. These facilities are operated in accordance with all federal, state, and local workplace safety and labor laws. Moreover, Envision maintains and enforces a Code of Ethics and Business Conduct which requires compliance with all applicable laws. Currently, Envision does not actively verify product supply chains to evaluate and address risks of human trafficking and slavery; audit suppliers for compliance with company standards for trafficking and slavery; require direct suppliers to certify that materials incorporated into our products comply with the laws regarding slavery and human trafficking of the countries in which they are doing business; maintain internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking; or provide company employees and management training on human trafficking and slavery. Envision has internally assessed the risk of human trafficking in its supply chain and determined the nature of its business model, locations of direct suppliers, and nature of materials they supply make it unlikely that human trafficking or slavery is involved.

Last Updated: October 2022

Envision respects your privacy. To this end, Envision follows the Privacy Policy outlined below to help protect personally identifiable information obtained during your use of this website. By visiting our website, you are accepting the practices described in this notice.

Information Collected
During your use of this website or a Envision mobile application, we obtain certain information about you in order to service your business and enhance our services. The personally identifiable information collected depends on the website features you select, but it can include your name, company name, address, telephone number, and e-mail address. Certain features require users to create a username and password that are also collected. Additionally, Envision’s website uses “cookies” to collect information, including your IP address and webpages visited on the site, to help us manage our site and improve your experience. Envision’s site currently does not recognize “do not track” signals from a website browser.

Use & Sharing
We limit the collection of personal information to that which is necessary for the purposes of efficiently conducting our business. The primary use of the information is to determine the method and most appropriate information to send you in response to your requests. Envision is the sole owner of the information collected at our site. We do not sell, share, or rent information to other third parties or partners. Personal information about our visitors or former customers is not disclosed to any other third parties, except as required by law (such as a subpoena), as may be appropriate to protect against fraud or illegal activity, or for the safety of customers, employees, or property.

Important Information
Children’s Privacy: Envision does not direct services to or knowingly collect information from children under the age of 13. Privacy Policy Changes: Envision may change, modify, or add terms to this Privacy Policy as needed. Material changes to this policy will be reflected on this notice. We recommend you periodically visit this page to review updates.

Information Review: If you believe the information requires correction or amendment, please send the corrected or amended information in an e-mail to the following address: marketing@envisionbp.com

If you have specific questions that are not answered by this notice, please send your inquiry to the following e-mail address: marketing@envisionbp.com 

If you have specific questions that are not answered by this notice, please send your inquiry to the following e-mail address: marketing@envisionbp.com

Last Updated: October 10, 2022

Download a copy of Envision’s California Privacy Notice (PDF)

This California Privacy Policy supplements the information contained in Envision’s Privacy Policy and applies solely to consumers who reside in the State of California. Envision adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Notice.

INFORMATION WE COLLECT

In the course of its business, Envision collects certain “Personal Information,” as that phrase is defined by the CCPA. Within the last twelve (12) months, Envision collected the following categories of Personal Information from consumers who reside in the State of California1:

¹Some types of Personal Information fit into multiple categories and are, therefore, listed multiple times. Envision will not collect additional categories of Personal Information without providing you notice.

Envision obtains the categories of Personal Information listed above from the following sources:

• Categories A, B, C, and D:
  • Directly from the consumer. For example, from submissions through our website portal or forms, or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform.
• Categories E and F:
  • From activity on our website (www.envisionoutdoorliving.com). For example, from submissions through our website portal or website usage details collected automatically.

USE OF PERSONAL INFORMATION

Envision may use the Personal Information described in Categories A, B, C, and D for one or more of the following business or commercial purposes:

• To fulfill or satisfy the reason the consumer provided the information. For example, if a consumer shares his/her name and contact information to ask a question about our products or services, Envision will use that Personal Information to respond to the inquiry. Similarly, if the consumer provides Personal Information to make a warranty claim, Envision will use that information to administer the claim.
• To provide the consumer with requested information, products, or services.
• To provide, support, and/or develop Envision’s Website, products, or services.
• To create, maintain, and/or secure a consumer’s account with Envision.
• To process a consumer’s requests, transactions, and/or payments and prevent transactional fraud.
• To carry out Envision’s obligations and/or enforce its rights arising from any contracts entered into between a consumer and Envison, including for billing and collections.
• For testing, research, analysis, and/or product development.
• To respond to law enforcement requests or as otherwise required by applicable law, court order, or governmental regulations.
• As described to the consumer when collecting the Personal Information.
• Auditing related to a current interaction with the consumer and concurrent transactions.
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.
• Undertaking activities to verify, improve, upgrade, enhance, or maintain the quality or safety of Envision’s products or services.
• Attracting consumers to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

Envision may use the Personal Information described in Categories E and F for one or more of the following business or commercial purposes:

• To provide, support, and/or develop Envision’s Website, products, or services.
• To create, maintain, and/or secure a consumer’s account with Envision.
• To process a consumer’s requests, transactions, and/or payments and prevent transactional fraud.
• For testing, research, analysis, and/or product development.
• To respond to law enforcement requests or as otherwise required by applicable law, court order, or governmental regulations.
• As described to the consumer when collecting the Personal Information.
• Auditing related to a current interaction with the consumer and concurrent transactions.
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• Performing services on behalf of the business, including providing advertising or marketing services, providing analytic services, or providing similar services.
• Undertaking activities to verify, improve, upgrade, enhance, or maintain the quality or safety of Envision’s products or services.
• Attracting consumers to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

Envision will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosing Personal Information

Envision does not, and will not, sell Personal Information (including the Personal Information of minors under the age of 16). Envision may disclose (and, over the preceding 12-months, has disclosed) the Personal Information described in Categories A, B, C, and D for a business or commercial purpose to the following categories of third parties:

• Government agencies and courts, required by applicable law, court order, or governmental regulations.
• Vendors providing services to Envision.

RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED OR DISCLOSED

Consumers who reside in the state of California have the right to request that Envision disclose certain information to them regarding Envision’s collection and use of their Personal Information (hereafter called a “Request to Know”). Requests to Know may also be submitted by the consumer’s “authorized agent,” as that term is defined by the CCPA. Specifically, a consumer or his/her authorized agent may submit a Request to Know:

1. The categories of Personal Information Envision has collected about that consumer within the preceding 12 months.
2. The categories of sources from which that Personal Information was collected about.
3. Envision’s business or commercial purpose for collecting that Personal Information.
4. The categories of third parties with whom Envision has shared that Personal Information.
5. The specific pieces of Personal Information Envision has collected about that consumer within the preceding 12 months.

This information will only be provided after the requestor’s identity has been verified. However, even where the requestor’s identify has been verified, Envision will not disclose a consumer’s Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers.

Envision is not obligated to provide this information to the same consumer more than twice in any 12-month period.

RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION

Consumers who reside in the state of California have the right to request that Envision delete Personal Information collected or maintained by Envision (hereafter called a “Request to Delete”). Requests to Delete may also be submitted by the consumer’s “authorized agent,” as that term is defined by the CCPA.

SUBMITTING A REQUEST TO KNOW OR REQUEST TO DELETE

A consumer who resides in California, or his/her authorized agent, may make a Request to Know or Request to Delete the consumer’s personal information by:

• Calling 1-800-598-5245;
• Submitting an online request at https://envisionoutdoorliving.com/our-company/contact/; or
• Emailing marketing@envisionbp.com

Within 10 days of receiving a Request to Know or Request to Delete, Envision will confirm receipt of the request. Envision will endeavor to respond to a consumer request within 45 days of its receipt. If Envision requires more time to respond, Envision will inform the consumer of the reason and extension period (not to exceed an additional 45 days) in writing.

A consumer submitting a Request to Delete must separately confirm the request. After receiving a Request to Delete, Envision will send a separate communication with instructions on how to confirm the Request to Delete.

Before processing a Request to Know or Request to Delete from an authorized agent, Envision will require:

• A notarized copy of the consumer’s written permission authorizing the agent to make the request; and
• That the consumer verify his/her identity directly with us, as explained above.

Consumers may submit the information listed above to marketing@envisionbp.com. Authorized agents may also submit the notarized copy of written permission to marketing@envisionbp.com. If an authorized agent has a valid power of attorney under California Probate Code sections 4000 to 4465, proof of the power of attorney may be submitted instead.

VERIFYING A REQUEST TO KNOW OR REQUEST TO DELETE

Verification of the requestor’s identity will be accomplished as follows:

1. Where the requestor seeks only information regarding the categories of Personal Information Envision has collected regarding a specific consumer, Envision will verify the requestor’s identity by matching at least two data points provided by the requestor with data points previously provided by the consumer. Depending on the information previously provided by the consumer or collected by Envision, these data points may include address, telephone number, business affiliation, and/or email addresses.
2. Where the requestor seeks specific pieces of Personal Information Envision has collected regarding a specific consumer, Envision will verify the requestor’s identity by matching at least three data points provided by the requestor with data points previously provided by the consumer, as well as requiring a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. Depending on the information previously provided by the consumer or collected by Envision, these data points may include address, telephone number, business affiliation, and/or email addresses.
3. Where the requestor seeks deletion of Personal Information Envision has collected regarding a specific consumer, Envision will verify the requestor’s identity by matching at least two data points provided by the requestor with data points previously provided by the consumer. Depending on the information previously provided by the consumer or collected by Envision, these data points may include address, telephone number, business affiliation, and/or email addresses.

If necessary to verify a consumer’s identity, Envision may ask for additional information that will help do so. Envision will only use that additional information for any purpose other than verification process.

NON-DISCRIMINATION

The CCPA provides consumers residing in the State of California with the right not to receive discriminatory treatment for exercising their privacy rights under the CCPA. Envision will not discriminate against a consumer for exercising rights under the CCPA by:

• Denying goods or services.
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
• Providing a different level or quality of goods or services.
• Suggesting that the consumer may receive a different price or rate for goods or services or a different level or quality of goods or services.

CONTACT US

If you have any questions or comments about Envision’s privacy policies and practices, you may contact us at by email at marketing@envisionbp.com or by submitting an online request here.

THIRD-PARTY CONTENT

Last Updated: October 10, 2022

Envision’s website may, from time to time, include discussion forums, or other interactive areas, including the ability to post comments and upload content (“Interactive Area”). Any use you make of any Interactive Area, including the uploading, distribution, posting or publishing of any message, data, information, images, text or other material (“Content”) is conditioned on your agreement not to do any of the following:

1. Upload to, distribute, post or otherwise publish through Envision’s website any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload, transmit or post any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
3. Upload, transmit or post any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
5. Without Envision’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Envision takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Envision is only a forum and is not liable for any statements, representations, or Content provided by its users.

By submitting Content to Envision, you hereby grant Envision a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, repost, transmit, prepare derivative works of, display, and perform the Content in connection with Envision‘s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. Without limiting the foregoing, Envision reserves the right to use any Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Envision is under no obligation to edit, delete or otherwise modify Content once it has been submitted to Envision. Envision shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

By virtue of using the Interactive Area, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Envision or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all rights, including without limitation moral rights of an author and intellectual property rights in any of the Content; and (d) you forever release Envision, and its parents, affiliates, subsidiaries, licensees, successors and assigns, from any claims that you could otherwise assert against Envision by virtue of any such rights.

Any person or entity (user) is hereby authorized to view, print, and distribute these documents (files) subject to the following conditions:

1. Files may be used for informational purposes only. User cannot make money from or commercialize files without prior written permission.
2. Any copy of files or portions thereof must include the Envision legal notice (this entire page) as well as any specific legal notices appended to that collection of pages.
3. Uses, in whole or in part, include but are not limited to: viewing, transmitting, printing, copying, distributing, and manipulating. All forms of uses are subject to further restrictions set by Envision.
4. Absolutely no reappropriation of files (e.g., packaging into CD-ROMs) without prior written permission from Envision.

YOU AGREE THAT YOUR USE OF ENVISION’S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ENVISION AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF ANY TYPE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

ENVISION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITE OR ANY LINKED SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO OR USE OF ENVISION’S WEBSITE OR ANY LINKED WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ENVISION’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY COMPUTER VIRUSES, BUGS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD-PARTY; AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR A RELATED COMMUNICATION. ENVISION DOES NOT ENDORSE, WARRANTY, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY LINKED TO THE WEBSITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL ENVISION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, INCLUDING ENVISION’S OWN NEGLIGENCE, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.

REGARDING WARRANTABILITY OF PRODUCTS AND BRANDS MENTIONED ON THIS WEBSITE, THEY ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO WARRANTIES ARE LEGAL, BINDING OR OTHERWISE EFFECTIVE UNTIL TRANSFER OF SALE AND BACKED BY SIGNED WRITTEN DOCUMENTS.

THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEBSITE. ENVISION RESERVES THE RIGHT TO MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

Last Updated: October 2022

Purchase Order Where Envision is BUYER:

1. ACCEPTANCE

TERMS AND CONDITIONS

Agreement by Seller to (a) furnish the materials ordered, or its furnishing such materials in whole or in part; or (b) with respect to services ordered, or its providing services in whole or in part, or the commencement of the services (the “Work”) by Seller with reference thereto, shall constitute acceptance by Seller of Buyer’s purchase order subject to these terms and conditions (the “Purchase Order”). These terms and conditions are hereby incorporated into the Purchase Order as if fully included therein and shall be considered an integral part thereof. In the event that the Purchase Order does not state price or delivery, Buyer will not be bound to any prices or delivery to which it has not specifically agreed in writing. Any terms or conditions proposed by Seller shall be void and of no effect, unless specifically agreed to by Buyer. Modifications hereof or additions hereto, to be effective, must be made in writing and must be signed by Buyer. The Purchase Order and these terms and conditions, together with such modifications and with such data relating to price and delivery as are accepted in writing by Buyer, constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations and communications, whether written or oral, with respect to the subject matter of the Purchase Order. The rights of both parties hereunder shall be in addition to their rights and remedies at law or equity. Failure of Buyer to enforce any of its rights shall not constitute a waiver of such rights or of any other rights.

2. PRICES

The acceptance of the Purchase Order constitutes a warranty that the prices to be charged for articles or services ordered are not in excess of prices charged to other customers for similar quantities and delivery requirements. Unless otherwise specified, the price includes all taxes and other charges such as shipping, delivery, duties, customs, tariffs, imposts and government-imposed surcharges. Seller will take all reasonable steps to minimize all such charges.

3. DELIVERY

It is understood and agreed that time is of the essence of the Purchase Order. Unless otherwise specified, delivery will occur, and title and risk of loss will transfer only upon acceptance by Buyer.

4. PACKING AND SHIPMENT

Unless otherwise specified, price is to cover net weight of material ordered and no charges will be allowed for boxing, crating, carting, or storage. Without Buyer’s prior written consent, deliveries against the Purchase Order shall not be made in whole or in part prior to the date or dates shown on the Purchase Order, nor shall they exceed the quantities specified. Seller will preserve, pack, package and handle the materials so as to protect them from loss or damage and in accordance with best commercial practices in the absence of any specifications Buyer may provide. Without limiting the foregoing, Seller shall observe the requirements of any local laws and regulations relating to hazardous work, including, without limitation, with respect to its accompanying information, packing, labeling, reporting, carriage and disposal.

5. INSPECTION

The Work, articles and all parts, material, and workmanship (including equipment and facilities used by Seller in producing materials or providing services) entering into the performance of the Purchase Order shall be subject to inspection, test and count by Buyer at all times and places whether during or after manufacture. If any of the Work or articles are defective in material or workmanship or otherwise not in conformity with the requirements of the Purchase Order, Buyer, in addition to its other rights, may reject the same for full credit or may rework same at Seller’s expense or require prompt correction or replacement thereof at Seller’s expense, including transportation charges. Buyer shall not be deemed to have accepted the materials or Work until it has had a reasonable time to inspect after receipt of materials or completion of the Work. Such a period shall be extended if, in Buyer’s judgment, the complexity of the Work or materials, the quantity received, or any other circumstances makes such extension reasonable to afford Buyer an adequate opportunity to inspect. Any unpacking or handling of the materials incident to Buyer’s inspection shall not indicate Buyer’s acceptance. Buyer’s inspection shall not relieve Seller of obligations hereunder or of any liability for latent defects. At Buyer’s discretion, such inspection may include preliminary, final, and/or random inspections to ensure that the Work or material is in good order and in accordance with Buyer’s instructions and specifications. The warranties in the Purchase Order constitute assurances to Buyer that all of the Work or materials shall conform to the terms of the Purchase Order and Buyer shall be deemed to have relied upon those assurances whenever it accepts the Work or materials. Buyer reserves the right to revoke acceptance whenever it discovers such non-conformities, even if the time for inspection has passed. In no event shall payment constitute acceptance of non-conforming Work or materials.

6. SUPERVISION OF THE WORK

Seller shall supervise and direct the Work, using Seller’s best skill and attention, and Seller shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. Seller shall at all times enforce strict discipline and good order among Seller’s employees and shall not employ for the Work any unfit person or anyone not skilled in the task assigned to them. Seller shall be responsible to Buyer for the acts and omissions of Seller’s employees, subcontractors and their agents and employees, and any other persons performing any of the Work under a contract, agreement or other relationship with Seller or performing other activities on behalf of Seller for Buyer or on Buyer’s property. Seller shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work, including, but without limitation, a drug and alcohol policy which provides for reasonable suspicion and post-accident alcohol and drug testing. No employee of Seller or of a subcontractor who tests positive for drugs or alcohol in violation of Seller’s drug and alcohol policy shall be permitted to enter or remain on Buyer’s property.

7. WARRANTY

Seller warrants that all materials, services and Work ordered, purchased or provided hereunder: (a) will be conveyed with good title; (b) will conform in all respects with the specifications, drawings, samples, models, marketing or other description furnished or specified by Buyer, and will be of good quality, merchantable and free from any defects in material and workmanship; (c) will be manufactured in accordance with Seller’s specifications and shall be fit and sufficient for the purposes for (i) which it was designed, (ii) its intended purpose, (iii) which it foreseeably may be used, and (iv) the ordinary purposes for which it is manufactured; (d) will incorporate new materials and equipment in the Work and such Work will be of good quality, free from faults and defects and in conformance with the Purchase Order with any such Work not conforming to these requirements considered defective; (e) will not infringe any U.S. or foreign patent, trademark, trade dress, trade name, copyright, or other statutory, common law or contractual right; and (f) will be performed in accordance with the standards of care and diligence normally practiced by persons performing similar services and in the best workmanlike manner. Seller agrees that the foregoing warranties shall survive delivery, inspection, and acceptance of and payment, and further shall save Buyer harmless from any loss, damage or expense, whatsoever, including attorney’s fees, that Buyer may incur as a result of any breach of such warranties. All guarantees or warranties of equipment or materials furnished to Seller or its subcontractors by any third-party manufacturer or supplier shall be deemed to run to the benefit of Buyer. Any such guarantees or warranties shall not be construed to modify or limit, in any way, any rights or actions that Buyer may otherwise have against Seller under any other provision of the Purchase Order, by law, statute or in equity. Seller shall deliver to Buyer the originals of all guarantees and warranties on equipment and materials furnished by all third-party manufacturers and suppliers to Seller and its subcontractors, with duly executed instruments properly assigning the guarantees and warranties to Buyer.

8. DEFECTIVE WORK

Seller shall promptly correct any Work rejected by Buyer as defective or as failing to conform to the Purchase Order whether observed before or after completion and whether or not fabricated, installed or completed, and shall correct any Work found to be defective or nonconforming within a period of two (2) years from the date of completion of the Purchase Order or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Purchase Order. If Seller fails to correct defective Work or fails to carry out the Work in accordance with the Purchase Order, Buyer, by a written notice, may order Seller to stop the Work, or any portion thereof until the cause for such stop order has been eliminated; however, this right of Buyer to stop the Work shall not give rise to any duty on the part of Buyer to exercise this right for the benefit of Seller or any other person or entity.

9. OVERSHIPMENTS AND REJECTED MATERIAL

Buyer will pay only for maximum quantities ordered. Over shipments will be held at Seller’s risk and expense for a reasonable time awaiting shipping instructions. Return shipping charges for excess quantities will be at Seller’s expense. Buyer may return or hold rejected material at Seller’s risk and expense, and may charge Seller the cost of shipping, unpacking, examining, repacking, warehousing, insurance charges, reshipping, duties, fees and other related expenses. If Buyer has not already offset such charges against amounts due Seller, Seller shall pay to Buyer such charges within ten (10) days of Seller’s receipt of the charge from Buyer. Buyer may, in its sole discretion, destroy or sell at a public or private sale any rejected materials for which Buyer does not receive return shipping instructions within a reasonable time, and apply the proceeds, if any, first toward any storage charges.

10. PAYMENT

(a) All payments are made conditional upon acceptance by Buyer of the articles, materials or Work called for under the Purchase Order.

(b) No invoice will be passed for payment unless it bears the Purchase Order Number and contains the following certification:

“The Supplier herein represents that the goods and/or services covered hereby were produced in compliance with the requirements of the Fair Labor Standards Act of 1938 as amended.”

(c) Invoices for tools will not be honored until production pieces are approved by Buyer.

(d) Payments may be withheld on account of:

(i) defective Work not remedied;

(ii) claims filed against Seller arising out of the Work;

(iii) failure of Seller to make payments properly to subcontractors or for labor, materials, or equipment;

(iv) damage to Buyer or another contractor;

(v) failure to carry out the Work in accordance with the Purchase Order; or

(vi) failure to timely provide lien waivers.

(f) Buyer may set off against any amounts payable to Seller all present and future indebtedness of Seller to Buyer arising from any transaction with Seller.

11. CHANGES

Buyer may at any time, by a written notice, make changes, within the general scope of the Purchase Order, in any one or more of the following:

(a) applicable drawings, designs or specifications;

(b) method of shipment or packing; and/or

(c) time or place of delivery.

If any such change causes an increase or decrease in the cost of, or the time required for performance of the Purchase Order, an equitable adjustment shall be made in the order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by Seller for adjustment under the Purchase Order must be asserted within 10 days from the date of receipt by Seller of the notification of change; provided, however, that such period may be extended upon approval of Buyer. However, nothing in this clause shall excuse Seller from proceeding with the Purchase Order as changed or modified.

12. TERMINATION OF WORK FOR DEFAULT

If Seller defaults or persistently fails or neglects to carry out the Work in accordance with the Purchase Order or fails to perform any provisions of the Purchase Order, Buyer may, after three  days written notice to Seller and without liability to Seller and without prejudice to any other remedy Buyer may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Seller or, at Buyer’s option, may terminate the Purchase Order and may finish the Work by whatever method Buyer may deem expedient. If the unpaid balance of the price, if any, exceeds the expense of finishing the Work, such excess shall be paid to Seller, but if such expense exceeds such unpaid balance, Seller shall pay the difference to Buyer.

13. INSOLVENCY, LOSS OF PROFITS, DAMAGES

The insolvency or adjudication of bankruptcy of, or the filing of a voluntary petition in bankruptcy on behalf of, or the making of an assignment for the benefit of creditors by Seller, shall be a material breach of the Purchase Order. In no event shall Seller be entitled to anticipatory profits, or to incidental, indirect, special, Consequential, or other economic damages.

14. INCUMBRANCES

All materials, merchandise and Work supplied must be free from liability or infringement of royalties, Intellectual Property Rights (defined as and including patent, trademark, trade dress, trade name, copyright or other statutory or common law rights), security interests, liens (including mechanic’s liens) or other incumbrances, and Seller agrees to defend, indemnify and hold Buyer harmless against all claims, demands, costs and actions for actual or alleged infringements of Intellectual Property Rights in the use, sale or resale of said materials, merchandise or Work. Seller will provide and obtain from all of its subcontractor’s waivers and releases of all liens which may be imposed by them against the products or services provided under the Purchase Order or the premises of Buyer or the improvements thereon. If any security interest or lien remains unsatisfied after all payments are made, Seller shall refund to Buyer all monies the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees, and Seller shall fully and completely indemnify and hold Buyer harmless from all claims of Seller’s subcontractors, employees, laborers, suppliers, and materialmen for payment for Work or services performed or materials or supplies furnished.

15. BUYER’S PROTECTION IN CONNECTION WITH WORK DONE AT ITS FACILITY

In the performance of work at Buyer’s facility, Seller, its employees, agents, and subcontractors will exercise due care to prevent personal injury or property damage during the course of said work. Seller will indemnify and hold harmless Buyer from any and all loss, liability and damages arising out of any act or omission of Seller, its employees, agents, and subcontractors. Seller will keep in force and effect comprehensive insurance coverage as set forth in Section 19. Seller agrees that all Work shall be performed in accordance with and all materials furnished by it under this Purchase Order shall comply strictly with all applicable laws, local rules and regulations, ordinances, codes, statutes, and orders (collectively, “Legal  Requirements”). Seller shall be liable for a violation of any such Legal Requirements.  Seller shall be responsible for initiating, maintaining and supervising safety precautions and programs in connection with the performance of its Work. Seller shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to Seller’s or Buyer’s employees and property and all other persons on or near the Work who may be affected by the Sellers’s negligent performance of the Work.

16. COMPLIANCE WITH LAWS

Seller warrants that no law, regulation, rule or ordinance of the United States, a State or any other governmental agency (“Laws”) has been violated in the manufacture or sale of the items or in the performance of services covered by the Purchase Order, and will defend and hold Buyer harmless from loss, cost or damage as a result of any such actual or alleged violation. Goods consisting of tools, machinery, equipment and accessories, or parts thereof, will comply with all applicable federal, state or local governmental laws, regulations or orders (including occupational safety and health laws, regulations and orders) as to design, construction and performance at Buyer’s place of use, and Seller will notify Buyer if goods ordered do not so comply; furthermore, it is agreed that the purchase price includes, and Seller agrees to furnish, all accessories, parts and appliances required by any such law, regulation or order for use or operation at Buyer’s place of use. Seller agrees to give all notices and fully comply with all applicable federal, state and/or local safety rules, regulations, and laws, including but not limited to the Occupational Safety and Health Act (“OSHA”) and any project or plant safety rules established by Buyer. Seller agrees to furnish safety data sheets for all goods, materials and/or equipment furnished by Seller as required by OSHA. Seller specifically agrees to defend, indemnify, and hold harmless Buyer from any and all liability and damages, fines, costs, and attorney fees incurred by Buyer on account of Seller’s failure to fully comply with any such laws, governmental regulations or safety rules applicable to the Work. This shall be in addition to other indemnities contained in the Purchase Order and/or these terms and conditions. Though Buyer has no obligation to monitor the Work, Buyer may immediately, temporarily stop the Work if, solely in Buyer’s opinion, Seller is performing its Work in an unsafe manner or in a manner likely to result in personal injury, death or property damage, or if Seller fails to maintain and enforce safety precautions and programs in connection with the Work, including, but without limitation, a drug and alcohol policy which provides for reasonable suspicion and post-accident alcohol/drug testing. In no event shall Buyer be liable to Seller for any direct, indirect, incidental, consequential, or delayed damages resulting from Buyer’s exercise of its right to stop the Work for safety reasons or any other reason. Seller hereby releases Buyer from any such claim and covenants not to assert any such claim against Buyer. Seller further agrees to require all of its subcontractors and suppliers to comply with the provisions of this Section 16.

17. IMMIGRATION COMPLIANCE CERTIFICATION

Seller hereby certifies that all its employees, contractors, subcontractors, and vendors are duly authorized to work in the United States, and that Seller complies with requirements of the Immigration Reform and Control Act (IRCA) and other federal and state laws governing identity and employment authorization verification. Seller shall indemnify Buyer from and against all claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from Seller’s failure to comply with federal immigration laws or applicable state laws.

18. INDEMNITY

Seller shall defend, indemnify and hold harmless Buyer and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the breach of any provisions of the Purchase Order, failure to comply with Laws, Legal Requirements, or Envision’s Manual, the performance of the Work or the presence of Seller, its agents, employees, subcontractors or representatives on Buyer’s property, provided that any such claim, damage, loss or expense is caused in whole or in part by Seller’s performance of the Work under this Purchase Order,  any negligent act or omission of Seller, any unsafe Work,  any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to the parties indemnified by this paragraph. In any and all claims against Buyer or any of its agents or employees by any employee of Seller, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Seller or any subcontractor under Workers’ or Workmen’s Compensation Acts, disability benefits acts or other employee benefit acts.

19. INSURANCE

For all Work and as the Purchase Order requires, Liability insurance shall be purchased and maintained by Seller for protection from claims under Workers’ or Workmen’s Compensation Acts (“Work Comp Acts”) and other employee benefit acts, claims for damages because of bodily injury, including death, and from claims for damages to real or personal property which may arise out of or result from Seller’s operations under the Purchase Order, whether such operations be by Seller or by any subcontractor or anyone directly or indirectly employed by any of them.

Seller may not elect to opt out of any state’s Work Comp Act, but shall maintain such Work Comp Acts insurance in amounts and coverages as required by each state in which Work pursuant to the Purchase Order is performed. Seller shall also maintain: employer’s liability coverage with minimum limits of $1,000,000 bodily injury by accident; $1,000,000 bodily injury by disease each employee;

$1,000,000 bodily injury by disease policy limit; commercial general liability insurance (including contractual and contractor’s protective liability coverage) with a $1,000,000 limit per occurrence for personal injury, property damage and advertising injury/ $2,000,000 general aggregate and products completed aggregate; automobile liability insurance with a combined single limit of at least $1,000,000 per accident; and a follow form umbrella liability with a limit of at least $2,000,000 per occurrence/$2,000,000 aggregate, excess of general liability, automobile liability and employer’s liability. Buyer shall be named as an additional insured on the commercial general liability, automobile liability and umbrella liability policies. The commercial general liability, automobile liability, employer’s liability and Work Comp Acts policies shall contain a waiver of subrogation in favor of Buyer. Seller shall provide Buyer at least 30 days prior written notice of cancellation by the insurer for non-payment of premium or other cancellation of the policies. Seller shall provide satisfactory proof of such insurance to Buyer upon receipt of the Purchase Order. Buyer will maintain such proof on file in order to facilitate future Purchase Orders. Seller shall provide additional proof, including proof of renewal. In addition to above requirements, Sellers providing waste clean-up or waste hauling shall also maintain contractors pollution liability coverage with a $1,000,000 limit per occurrence including coverage for clean-up and remediation, bodily injury, transportation, and non-owned site disposal. Professional Sellers shall maintain professional liability coverage with a minimum limit of $1,000,000. Hazardous material truck haulers shall maintain $5,000,000 automobile liability insurance with a combined single limit of $5,000,000 and a MCS-90 endorsement must be provided showing a limit of $5,000,000. The hazardous material automobile liability required limit can be met by a follow form umbrella policy. All truck haulers shall maintain cargo coverage with a $100,000 limit.

20. SUBCONTRACTORS; LABORERS AND SUPPLIERS

Seller shall not employ any subcontractor to whom Buyer may have a reasonable objection. Unless expressly agreed otherwise in writing, Seller shall provide and pay for all services, labor, overtime labor, standby labor, methods, materials, equipment, transportation and all other facilities, services, and items of every kind necessary to complete the intent of the Purchase Order for the specified sum within the time contemplated.

Nothing in this Purchase Order is intended, or shall be construed, to create a partnership, joint venture, or employer-employee relationship between the parties. Unless expressly agreed otherwise in writing, Seller has no authority to act on behalf of or to enter into any contract, incur any liability, or make any representation on behalf of Buyer and will secure all licenses and permits, and supply all tools and equipment, necessary to perform the Work. Seller will not be entitled to any of the benefits that Buyer may make available to its employees including, but

not limited to, group health or life insurance, stock options, profit sharing, or retirement benefits. Seller is solely responsible for all taxes and withholdings, severance and redundancy pay, benefits (including, without limitation, vacation, sick leave, holidays, pension, or profit-sharing contributions, etc.), and other similar obligations, whether statutory or otherwise, with respect to payments made by Seller relating to the performance of all its services and its receipt of fees under this Purchase Order. In addition to any other indemnity obligations, Seller will defend, indemnify, and hold Buyer harmless from any and all claims made by any person or any entity on account of an alleged failure to satisfy any obligation specified in this Section. At Buyer’s direction, Seller will remove any Seller employees, personnel, or subcontractor from performance of the Work.

21. GRATUITIES

Seller warrants that it has not offered or given and will not offer or give to any employee, agent, or representative of Buyer any gratuity with a view toward securing any business from Buyer or influencing such person with respect to the terms, conditions, or performance of any contract with or order from Buyer. Any breach of this warranty shall be a material breach of each and every contract between Buyer and Seller.

22. NONDISCLOSURE OF CONFIDENTIAL MATTER

The Work and materials purchased hereunder with Buyer’s specifications or drawings shall not be quoted for sale to others without Buyer’s written authorization. Such specifications, drawings, samples, or other data furnished by Buyer shall be treated as confidential information by Seller, shall remain Buyer’s property and shall be returned to it on request. Seller agrees not to disclose Buyer’s confidential information to any other persons or parties, to use the confidential information solely for the purpose of performing the Work, and to give the confidential information no less protection than Seller gives its own confidential or proprietary information.

23. ASSIGNMENT

No right or obligation under this Purchase Order (including the right to receive moneys due and to become due hereunder) shall be assigned by Seller without the prior written consent of Buyer, and any purported assignment without such consent shall be void.

24. BUYER-FURNISHED PROPERTY

All tools or other materials furnished by Buyer for use in the performance of the Purchase Order shall remain the property of Buyer, shall be used by Seller in the performance of the Purchase Order only, in accordance with the requirements of the Purchase Order relating to such use, and shall be returned to Buyer when requested upon the completion or termination of the Purchase Order to the extent not previously delivered to Buyer. Seller will adequately identify Buyer’s property and safely store it separate and apart from Seller’s property. Seller will not substitute any property for Buyer’s property and will use such property only in fulfilling its obligations under the Purchase Order. While in Seller’s care, custody or control, Buyer’s property will be held at Seller’s risk, kept insured by Seller at Seller’s expense, and subject to removal at Buyer’s request. Furthermore, Buyer shall not be liable for, nor have any obligation to insure against, any loss or damage to Seller’s (including its parents, subsidiaries, agents, employees, representatives, or subcontractors) tools, machinery, equipment, and other personal property. Seller hereby waives its rights and that of its insurers to subrogation against Buyer for damage or destruction to such property and shall require all subcontractors to waive subrogation rights as well.

25. NOTICE OF LABOR DISPUTES

To the end that Work may not be interrupted by labor disputes, Seller shall employ on the Work only such labor as will timely perform services in harmony on the Project. Whenever an actual or potential labor dispute is delaying or threatens to delay the timely performance of the Purchase Order, Seller will immediately notify Buyer of such dispute and furnish all relevant details. Seller will include a provision identical to the above in each subcontract hereunder and immediately upon receipt of any such notice pass it on to Buyer. Seller is responsible for taking whatever measures may be necessary to settle any labor disputes and insure time Work performance.

26. PATENT LICENSE

Seller, as part consideration for the Purchase Order and without further cost to Buyer, hereby grants and agrees to grant to Buyer and, to the extent requested by Buyer, an irrevocable, perpetual, transferable, worldwide, non-exclusive, royalty-free right and license to use, sell, manufacture and cause to be manufactured, products embodying any and all inventions and discoveries made, conceived or actually reduced to practice in connection with the performance of the Purchase Order.

27. SPECIAL TOOLING

If all the costs of special tooling used in the performance of the Purchase Order have been charged to the Purchase Order, or to the Purchase Order and other orders placed by Buyer, title to such special tooling shall vest in Buyer at the option of Buyer. Such tooling is to be used only in the performance of such Purchase Orders unless otherwise approved by Buyer. Seller agrees that it will follow normal industrial practice in the identification and maintenance of property control records on all such tooling and will make such records available for inspection by Buyer at all reasonable times. After the termination or completion of such order(s) and upon the request of Buyer, Seller shall furnish a list of such tooling and shall make such tooling available for disposition by Buyer.

28. HAZARDOUS MATERIALS

Seller warrants and represents that materials furnished pursuant to the Purchase Order do not consist of materials listed in 40 C.F.R. 372.65 or its equivalent regulation. In the event Buyer determines, in its sole discretion, that materials furnished or to be furnished pursuant to the Purchase Order are not suitable for Buyer’s intended purpose or that the materials, when used for Buyer’s intended purpose, potentially create a health or environmental hazard or risk, Buyer shall have the right to immediately terminate all future shipments of the materials. In the event of termination by Buyer pursuant to this paragraph, Buyer shall be required to pay only for materials shipped to Buyer on or before the date Buyer’s notice of termination is deposited in the U.S. mail, addressed to Seller at the address contained on the Purchase Order, postage prepaid, certified, or registered mail. Seller shall not cause or allow the presence, storage, introduction, or spillage on, in or about Buyer’s premises of hazardous substances (as that term is defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. §9601), petroleum products or any other contaminants or other materials or substances posing a threat to the environment, including polychlorinated biphenyls and asbestos.

29. ACCESS, AUDIT AND CONTINUING OBLIGATIONS

In order to assess Seller’s quality and compliance with the Purchase Order, Seller will permit Buyer reasonable access to (i) all locations where Work is performed in connection with the materials or services provided for in the Purchase Order, and (ii) Seller’s books and records relating to the Purchase Order. Seller must maintain its books and records pertaining to the Purchase Order for at least three (3) years following the date of Buyer’s last acceptance of the Work or materials under the Purchase Order. Seller’s obligations, representations and warranties herein shall survive the acceptance of the Work and delivery of materials to Buyer and any resale of materials by Buyer, or by Buyer’s subsidiaries and affiliates. Should any of the provisions of the Purchase Order be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any of the remaining provisions.

30. GOVERNING LAW AND ARBITRATION

The Purchase Order shall be governed by the law of the State of Pennsylvania without regard to its conflicts of law’s provisions. Every claim or controversy between Seller and Buyer and/or its employees and agents, arising from or relating to the Purchase Order, or the breach, termination, or validity thereof, shall l first be submitted to informal settlement negotiations between executives of the Buyer and Seller, as a condition precedent to mediation. Either the Buyer or Seller may commence negotiations by making a written request of the other party for such negotiations to proceed. If the settlement negotiations do not take place within 30 days of the request for the same, the parties may proceed to mediation without first participating in settlement negotiations. Every claim or controversy between Seller and Buyer and/or its employees and agents, arising from or relating to the Purchase Order, or the breach, termination, or validity thereof, shall first be submitted to mediation, as a condition precedent to arbitration. Either Buyer or Seller may commence mediation by making a written request of the other party for mediation to proceed. If mediation does not take place within 60 days of the request for the same, the parties may proceed to arbitration without first participating in mediation. Arbitration shall take place   in Mt. Joy, Pennsylvania in accordance with the then- current Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (the “AAA”). The arbitrator shall have the authority to render the same relief as a court of competent jurisdiction when resolving disputes regarding the Purchase Order. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of the Purchase Order, including, but not limited to, any claim that all or any part of the Purchase Order is void or voidable. When allowed by the rules of arbitration, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.