Private Labeler Agreement
Private Labeler Agreement
Private Labeler Agreement
Date Date
This Private Labeler/Trade Agent Agreement (the “Agreement”) is made by and between FM Approvals and Kofulso Co Ltd, 23
Bodeum-ro, Seogu, Incheon, 404 330, Korea, Republic of (herein called the Original Equipment Manufacturer) and F.C. Steel
Co, Center Building No. 1594, 6 Yeouidaeban-ro 65-gil, Yeongdeungpo-gu, Seoul, Korea, Republic of (the “Private
Labeler/Trade Agent”).
A Private Labeler agreement is used when any party, other than the Original Equipment Manufacturer (OEM), requests to label an
FM Approved product with its own name or product number. A Trade Agent agreement is used when the activity applies to FM
Approved product that is also ATEX-, IECEx-, UKEX- CPR- or UK CPR-certified.
1. Products
The OEM is making the below-described product(s) for which the OEM has FM Approval, and Private Labeler/Trade Agent
wishes to mark or label the product(s) with such identification as set forth in this Agreement (the Product(s)”), and for the
Product(s) to be listed in the FM Approval Guide as shown in Annex A or in RoofNav for the associated PL/TA listing sheet(s).
.
The OEM’s FM Approved product(s) listed in the earlier table may be marketed by the Private Labeler/Trade Agent, herein
named, in accordance with the terms stated in this agreement.
provide user either directly or through the Private Labeler/Trade Agent with adequate instructions for the
proper installation, maintenance, and operation of the product(s);
provide adequate facilities for repair of the product(s) and supply replacement parts;
provide services either directly or through the Private Labeler/Trade Agent to ensure proper installation,
inspection or maintenance for product(s) of such nature that it would not be reasonable to expect the
average user to be able to provide such installation, inspection or maintenance.
c. The OEM shall manufacture the product in accordance with the FM Approval and no changes of any nature shall be
made in the product(s) or to the critical documents, unless notice of the proposed change has been provided and
written authorization obtained from FM Approvals. The Private Labeler/Trade Agent shall make no changes to the
product(s) or to the critical documents as examined and reported and the replacement parts, refills or recharges, if
required, shall be as authorized by FM Approvals. OEM and Private Labeler/Trade Agent agree to make full and
immediate written disclosure to FM Approvals of all information concerning any defect in or potential hazard of the
product or service herein. Failure of the foregoing may result in suspension or withdrawal of FM Approval or
Listing.
d. The Private Labeler/Trade Agent shall not use the FM Approvals name for any advertising, sales, or promotional
purposes or in any way whatsoever that could imply FM Approval or Listing of the Private Labeler/Trade Agent or
of a product or products not specified in this Agreement. The Private Labeler/Trade Agent shall comply with FM
Approval’s Certification Marks Usage Guidelines, located at www.fmapprovals.com, and any other policies that are
communicated by FM Approvals to the Private Labeler/Trade Agent in writing.
e. The Private Labeler/Trade Agent shall not remove, conceal or in any way alter the FM Approval certification mark
or name on the product(s) and shall not place or display the FM Approval certification mark or name upon any other
product unless such other product is covered by a separate agreement with FM Approvals.
f. The OEM, the Private Labeler/Trade Agent, and their representatives shall refrain from offering any FM Approvals
employee or representative (i) any gifts, entertainment or hospitality or other favors of more than nominal value; (ii)
any bribe or unusual or unauthorized payment or inducement of any kind; or (iii) cash or cash equivalents (gift
certificates, credits, etc.) of any amount. In all cases, conduct should not conflict with local law.
h. If Private Labeler/Trade Agent is a UKEX Trade Agent, the Private Labeler/Trade Agent confirms, by signing this
Agreement, that neither the OEM nor the Private Labeler/Trade Agent has entered into a contract for the Product(s)
with any other UK Approved Body, in accordance with the requirements of the Potentially Explosive Atmospheres
Regulations 2016, UKSI 2016:1107.
3. Payment. Upon execution of this Agreement, the OEM shall pay FM Approvals for charges incurred in processing this
Agreement. The Private Labeler/Trade Agent shall pay FM Approvals within 30 days of the date of invoice, the annual
FM Approvals listing fee, as a condition of continued FM Approval or Listing.
4. Indemnification and Limitation of Liability. FM Approvals shall have no responsibility for the design, material,
workmanship, performance and operation of the Product(s). The OEM and Private Labeler/Trade Agent agree to hold
harmless and indemnify FM Approvals, and its directors, officers, employees, subcontractors and agents from and
against any and all liability [inclusive of claims, suits, losses, damages, costs, expenses, and legal fees] to OEM, Private
Labeler/Trade Agent, any end user of the Product(s) or any other party, whether or not a third party, resulting from or
arising out of any defect in, or accident related to, the Product(s), or otherwise resulting from or arising out of this
Agreement, including without limitation, loss of earnings or profit. Indemnification hereunder shall include the right of
FM Approvals, at its option, to retain and control counsel of its own choice.
To the fullest extent permitted by law, the liability of FM Approvals, whether arising from breach of contract,
negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including
attorney’s fees and costs and expert witness fees and costs, shall not exceed the total payment received by FM Approvals
under this Agreement. It is intended that this limitation apply to any and all liability or cause of action however alleged or
arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim
whether in tort, contract or equity.
In addition, FM Approvals shall not, to the fullest extent of the law, be liable to the OEM, the Private Labeler/Trade
Agent, or any other person for any injury to or loss of goodwill, reputation, business, production, revenues, profits,
anticipated profits, contracts or opportunities (regardless of how these are classified as damages), or for any
consequential, incidental, indirect, exemplary, special, punitive or enhanced damages whether arising out of breach of
contract, tort (including negligence), strict liability, product liability or otherwise (including the entry into, performance
or breach of this agreement), regardless of whether such loss or damage was foreseeable or the party suffering the loss or
damage has been advised of the possibility of such loss or damage, and notwithstanding the failure of any agreed or other
remedy of its essential purpose.
5. No Warranty. FM Approvals makes no guarantee or warranty of any kind, including (i) any implied warranty of
merchantability or fitness for a particular purpose; (ii) that the Product(s), including those supplied to an end user will not
fail, malfunction or be defective in any particular application; or (iii) that any Product(s) are free from infringement on
the intellectual property rights of any third party. FM Approvals has not determined all foreseeable uses or misuses of the
Product(s). The OEM and Private Labeler/Trade Agent agree that any inspection, evaluation or testing by FM Approvals
has not induced the OEM or Private Labeler/Trade Agent to forego any internal testing of the Product(s).
6. Withdrawal and Suspension of Approval and Listing. FM Approvals may withdraw or suspend the Approval or
Listing of an FM Approved product identified as having deficiencies (i) in performance; (ii) in quality; (iii) in compliance
with limitations stated in any applicable Report; or (iv) in any other respect identified by FM Approvals in its sole
discretion.FM Approvals may also withdraw or suspend a Listing in the event of a revision or withdrawal, in accordance
with Section 7, of any standard, criteria, method or procedure upon Approval of the OEM’s FM Approved product(s)
was based. FM Approvals also reserves the right to withdraw or suspend the Listing of the Product(s) due to OEM or
Private Labeler/Trade Agent violation of, or non-conformance with, this Agreement, or due to unsatisfactory
performance, unsatisfactory results in meeting requirements of reexamination, or unsatisfactory quality control. In the
event of withdrawal or suspension, the Private Labeler/Trade Agent shall immediately (1) discontinue all activities that
would indicate or imply FM Approval or Listing of Product(s), including, but not limited to, discontinuing use of the FM
Approvals certification mark; and (2) take any other actions as may be required by FM Approvals’ accreditation bodies.
Advances in technology and know-how and their relevance to sound loss prevention require that FM Approvals reserve,
and therefore it does so reserve, its rights at any time in its sole discretion to revise or withdraw its standards, criteria,
methods or procedures.
8. Intellectual Property. All copyrights, patents, trade secrets, or other intellectual property rights associated with any
ideas, concepts, techniques, inventions, devices, processes, or works of authorship developed or created by FM
Approvals or its personnel during the course of performance under this Agreement shall belong exclusively to FM
Approvals and shall not be considered a work made for hire for OEM or Private Labeler/Trade Agent.
9. Term and Termination. This Agreement shall remain in effect for so long as Private Labeler/Trade Agent has Listings.
This Agreement may, however, be terminated in its entirety by a party upon sixty (60) days written notice to the other
parties. Any party may terminate the Agreement immediately in the event of any breach of the Agreement by the other
party. Any termination of this Agreement shall result in the withdrawal of all of Private Labeler/Trade Agent’s Listings,
and Private Labeler/Trade Agent shall immediately discontinue all activities that would indicate or imply Approval or
Listing of Product(s).
10. Miscellaneous.
a. No Assignment. This Agreement shall not be assigned or transferred by OEM or Private Labeler/Trade Agent to another
party without prior written authorization by FM Approvals and any such attempted assignment or transfer shall be null
and void.
b. Force Majeure. FM Approvals will not be liable for any delay or failure to perform hereunder, should such delay or
failure be caused directly or indirectly by fire, flood, explosion, nuclear incident, or other casualty, strike or other labor
disturbances, war, insurrection, invasion, riots, or by any existing or future governmental regulations, restrictions, or
appropriations, or any other cause beyond its control and direction.
c. Entire Agreement/Severability. This Agreement contains the entire agreement between the parties hereto with respect
to the matters covered herein and supersedes all prior proposals, agreements, representations and understandings, both
written and oral. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason whatsoever,
the remaining provisions of the Agreement will not be affected by such holding. Upon a determination that any
provision is invalid, illegal or unenforceable, that provision shall be deemed replaced with a term that is valid, legal
and enforceable, and that comes closest to expressing the intention of such invalid, illegal or unenforceable term.
d. Alteration/Waiver. This Agreement shall not be modified except by a written agreement dated subsequent to the date
of this Agreement and signed by all parties to the Agreement. No waiver of any provision of this Agreement shall
constitute a waiver of any other provision(s) or of the same provision on another occasion.
e. Governing Law. This Agreement is governed by the laws of the Commonwealth of Massachusetts and any disputes
arising hereunder shall be exclusively subject to the jurisdiction of the Commonwealth of Massachusetts without
regard to conflict of law principles.
f. Survival. Rights and obligations under this Agreement which by their nature should survive will remain in effect after
any termination or expiration of this Agreement.
US Listings:
Fire Protection > Automatic Sprinkler Systems > Flexible Sprinkler Hose with Fittings > for
Commercial Suspended Ceilings > F.C. Steel Co + KOR - 277779-1
Model FCB
Product Specification
Hose
Minimum Rated Working Equivalent Length of 1
Model NPT K- Number Assembly
Bend Radius Pressure in. Schedule 40 Pipe
No Factor of Bends Length
FCB224 1/2 (15) 5.6 8 (203) 1 175 (1205) 24 (610) 27.0 (8.2)
FCB231 1/2 (15) 5.6 8 (203) 1 175 (1205) 31 (790) 33.1 (10.0)
FCB236 1/2 (15) 5.6 8 (203) 2 175 (1205) 36 (915) 37.4 (11.4)
FCB240 1/2 (15) 5.6 8 (203) 3 175 (1205) 40 (1016) 43.2 (13.1)
FCB248 1/2 (15) 5.6 8 (203) 3 175 (1205) 48 (1220) 54.9 (16.7)
FCB260 1/2 (15) 5.6 8 (203) 4 175 (1205) 60 (1525) 72.5 (22.1)
FCB272 1/2 (15) 5.6 8 (203) 4 175 (1205) 72 (1830) 90.5 (27.6)
• OGSB-02 (one piece bracket) for use on suspended or hard lid ceiling
• TBSS (T-Bar Bracket) with SSB or OSSB (4" - 48")
• TBS (T-Bar Bracket) with SSB or OSSB (4" - 48") for use on suspended or hard lid ceiling
• TBSR (T-Bar Bracket) with SSB or OSSB (4" - 48") for use on suspended or hard lid ceiling
• TBL (T-Bar Bracket) with SSB or OSSB (4" - 48")
• HCB (Hat Channel Bracket) with SSB or OSSB (4" - 48")
• MSB (Metal Stud Bracket) with SSB or OSSB (4" - 48")
• WSB (Wood Beam Bracket) with SSB or OSSB (4" - 48") for use on hard lid ceiling and panels
• OWMSB-PA (4" - 48")
• OSSBW for use on concrete sidewall or cloud ceiling
• OSSBJ for use with threaded rod
Model Description
FC: FC Steel
FCB224 B: Braided hose
FCB324
First Number 2: 1/2 in. NPT
First Number 3: ¾ in. NPT
Next two numbers relate to Flexible hose length
Company Address: Center Building No. 1594, 6 Yeouidaeban-ro 65-gil, Yeongdeungpo-gu, Seoul, Republic of Korea
As part of this Private Label Agreement, there are annual listing fees invoiced directly to the Private Labeler/Trade Agent. The
current annual fee schedule is based upon the number of associated Approval Reports utilized to build their overall PLer listings,
outlined as follows:
Private Labelers/Trade Agents are invoiced annually during the first quarter of the year for as long as the Private Labeler/Trade
Agent products are listed, and the PL/TA Agreements remain in force.
For additional information on Private Labeler/Trade Agent fee or questions on specific invoices, please contact: