p65terms

Dear Vendor;

California’s Proposition 65 (formally titled The Safe Drinking Water and Toxic Enforcement Act of 1986) passed by direct voter initiative in 1986 but has new requirements effective August 2018.  The purpose is to protect drinking water sources from toxic substances that may cause cancer and birth defects and to reduce or eliminate exposures to those chemicals. Proposition 65 requires that consumer products sold in California which contain certain chemicals listed must have warning labels on the product.  The State of California has a number of websites dedicated to Proposition 65 and its requirements. The list of chemicals changes from time to time.  For example see https://www.p65warnings.ca.gov/   and for new requirements effective August 2018 see https://www.p65warnings.ca.gov/new-proposition-65-warnings
Please note, effective immediately, the following Proposition 65 terms and conditions apply to all orders placed with vendors by Fine Discount #1 Inc. DBA General Discount. These mandatory terms and conditions apply to all products are sold to Fine Discount #1 Inc. DBA General Discount.  Fine Discount #1 Inc. DBA General Discount expressly rejects all other conditions of sales related to the requirements of Proposition 65, proposed or imposed by a vendor, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized corporate officer of Fine Discount #1 Inc. DBA General Discount. 
CALIFORNIA PROPOSITION 65 COMPLIANCE INCLUDING THE NEW REQUIREMENTS THAT GO INTO EFFECT IN AUGUST 2018. 
California Proposition 65 mandates consumer warning labels on products sold in California which contain chemicals including heavy metals in excess of Proposition 65’s very low thresholds. The following terms apply to vendors selling products to Fine Discount #1 Inc. DBA General Discount.

  •  All vendors are required to affix California Proposition 65 Warning Labels (“Warning Labels”) on all products shipped by you to Fine Discount #1 Inc. DBA General Discount which require such labels. The warning labels shall comply with all of the requirements set forth in Proposition 65. If you ship products without Proposition 65 Warning Labels or Labels that do not comply with the requirements of Proposition 65, then you are in violation of the terms of this Section regardless of your actual knowledge of a violation by the third party.
  •  If  a vendor fails to comply with the warning requirements of Proposition 65, in addition to all other rights it may have pursuant to the Terms and Conditions and/or statutory and common law, Fine Discount #1 Inc. DBA General Discount may terminate your Customer account and/or bring a lawsuit for injunctive relief and damages. The failure of Fine Discount #1 Inc. DBA General Discount to undertake any of these remedies does not constitute a waiver of a vendor’s obligations herein.
  •  Vendors will immediately notify us in writing if they receive a notice that they are being accused of selling us products in violation of California Proposition 65. (Email copies to info@gdiscount.com). Providing notice to Fine Discount #1 Inc. DBA General Discount does not mean or imply that Fine Discount #1 Inc. DBA General Discount has a legal duty to respond to the notice.
  •  If a vendor violates the terms of this agreement and as a result of which Fine Discount #1 Inc. DBA General Discount is accused of being in violation of California Proposition 65, you agree to indemnify Fine Discount #1 Inc. DBA General Discount for all damages and penalties incurred therein including, but not limited to, paying for legal expenses and legal counsel of Fine Discount #1 Inc. DBA General Discount’s choice necessary to defend us with respect to such allegations as well as any damage award against Fine Discount #1 Inc. DBA General Discount.  In addition, vendors will reimburse Fine Discount #1 Inc. DBA General Discount for our legal fees and expenses necessarily incurred by us upon your violation of this agreement, whether or not Stores elect to file a legal action or an action is filed against Fine Discount #1 Inc. DBA General Discount.