Partners and manufacturing
C-POLAR and NanoFlashing™ questions, with the company’s answers and the sources they come from.
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All questions in this libraryIs Site Content a product specification, validation report, certificate, or licence?
No, and the Terms of Use name each thing Site Content is not.
The Terms of Use state: “Site Content is not a product specification, design file, manufacturing instruction, validation report, certificate, patent license, technology license, or permission to make a product claim.” They also state: “Do not use Site Content to select, design, manufacture, validate, or make claims for a finished product.” and “Nothing on the Site grants a patent, trademark, trade-secret, know-how, manufacturing, commercialization, or other technology license.” What the site publishes is the technology, the five primary application verticals, and the evidence behind them.
Source: C-POLAR — Terms of Use, sections 3, 5 and 8, https://cpolar.tech/terms/; C-POLAR — About, https://cpolar.tech/about/.
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All questionsDoes contacting C-POLAR create a partnership or distribution right?
No, contacting C-POLAR creates no partnership and no distribution right.
A prospective partner may rely only on a commitment stated in a Separate Agreement. The Terms of Use add that if they conflict with a Separate Agreement or an express written C-POLAR warranty, that document controls. Accessing the Site or contacting C-POLAR through the Site does not create a partnership, agency, joint venture, distribution right, supply commitment, license, exclusive right, or other business relationship.
Source: C-POLAR — Terms of Use, sections 1 and 5, https://cpolar.tech/terms/.
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Sources
Does the website authorize manufacturing, integration, resale, or use of the C-POLAR partner description?
No, nothing on the website authorises any of those things.
Nothing on the Site authorizes anyone to manufacture, integrate, market, resell, or describe a product as C-POLAR-enabled. Nothing authorizes anyone to describe itself as a C-POLAR partner. Written permission is required. For the air filter, the label carries the product name and the producer’s name and address. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.
Source: C-POLAR — Terms of Use, sections 5 and 8, https://cpolar.tech/terms/; NanoFlashing™ Air Filter label.
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Sources
- C-POLAR — Terms of Use
- NanoFlashing™ Air Filter label
What do the Terms say about a prospective partner's own testing and quality controls?
The Terms of Use put the testing, validation, compatibility work, risk review and quality controls for a proposed product on the partner that proposes it.
Every commercial NanoFlashing™ product is made by a manufacturing partner, in their facility, in their format. Development runs configuration by configuration, and each partner controls what is said about the work. The Terms of Use state: “A prospective partner or manufacturer must perform its own testing, validation, compatibility work, safety review, risk review, and quality controls for its proposed product and use.”
Source: C-POLAR — About, https://cpolar.tech/about/; C-POLAR — Terms of Use, section 5, https://cpolar.tech/terms/.
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All questionsWhich commitments may a prospective partner rely on under the Terms?
Only a commitment stated in a Separate Agreement.
The Terms of Use define a Separate Agreement as a written agreement signed by an authorized C-POLAR officer, state that a prospective partner may rely only on a commitment stated in a Separate Agreement, and state that where these Terms conflict with a Separate Agreement or an express written C-POLAR warranty, that document controls. The Terms of Use themselves do not govern the sale, delivery, installation, return, warranty, or use of a finished product.
Source: C-POLAR — Terms of Use, sections 1, 5 and 6, https://cpolar.tech/terms/.
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Sources
Who do the Terms make responsible for a finished product's design, labelling and warranty?
The manufacturer and seller of the finished product.
C-POLAR markets a materials technology. The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. Every commercial NanoFlashing™ product is made by a manufacturing partner, in their facility, in their format. A Separate Agreement is a written agreement signed by an authorized C-POLAR officer. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.
Source: C-POLAR — Terms of Use, section 6, https://cpolar.tech/terms/; C-POLAR — About, https://cpolar.tech/about/.
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All questionsDoes use of C-POLAR technology alone make C-POLAR the seller or manufacturer?
No: use of C-POLAR technology alone does not make C-POLAR the manufacturer or seller of a finished product.
Every commercial NanoFlashing™ product is made by a manufacturing partner, in their facility, in their format. The Terms of Use state: “C-POLAR markets a materials technology. Unless a Separate Agreement expressly says otherwise, C-POLAR is not the manufacturer or seller of a finished product merely because that product uses or refers to C-POLAR technology.” The manufacturer and seller of a finished product are responsible for its design, manufacture, labeling, instructions, claims, sale, and warranty, except for a responsibility C-POLAR expressly accepts in a Separate Agreement. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.
Source: C-POLAR — Terms of Use, section 6, https://cpolar.tech/terms/; C-POLAR — About, https://cpolar.tech/about/.
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All questionsWhat creates a C-POLAR warranty under the Terms?
Only an express written warranty that identifies C-POLAR as the warrantor.
The Terms of Use state that only an express written warranty that identifies C-POLAR as the warrantor creates a C-POLAR warranty, and that a warranty, manual, statement, order confirmation, or other document issued only by a manufacturer, seller, distributor, or other third party does not bind C-POLAR. Every commercial NanoFlashing™ product is made by a manufacturing partner, in their facility, in their format, and what a warranty for that product covers is set by whoever issued it. The Terms of Use add: “Nothing in this section removes a right that the law gives you.” NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.
Source: C-POLAR — Terms of Use, section 6, https://cpolar.tech/terms/; C-POLAR — About, https://cpolar.tech/about/.
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All questionsDoes a document issued only by a distributor or manufacturer bind C-POLAR?
No: a document issued only by a distributor or a manufacturer does not bind C-POLAR.
A warranty, manual, statement, order confirmation, or other document issued only by a manufacturer, seller, distributor, or other third party does not bind C-POLAR. Only an express written warranty that identifies C-POLAR as the warrantor creates a C-POLAR warranty. Accessing the Site or contacting C-POLAR through the Site does not create a partnership, agency, joint venture, distribution right, supply commitment, license, exclusive right, or other business relationship. For a prospective partner, a commitment from C-POLAR is one stated in a Separate Agreement, which is a written agreement signed by an authorized C-POLAR officer.
Source: C-POLAR — Terms of Use, sections 1, 5 and 6, https://cpolar.tech/terms/.
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