Nielsen-Kellerman Compliance Statements
RoHS, REACH, WEEE, California Proposition 65 (Prop 65), Conflict Minerals, and Anti-Corruption
The following statements apply to the manufacture and sale of all products produced and/or resold by Nielsen-Kellerman ("NK"), including, but not limited to:
- Nielsen-Kellerman, NK, or NK Sports branded meters, watches, instruments, amplifiers, speakers, and wiring including the CoxBox®, SpeedCoach®, StrokeCoach®, and Interval® series of products;
- Blue Ocean Rugged Megaphones;
- Kestrel Weather and Environmental Meters;
- Kestrel DROP Environmental Data Loggers;
- KestrelMet Weather Stations and Sensors;
- Kestrel Ballistics Weather Meters and Displays; and
- All Accessories and Replacement parts to the above products;
Together, the "NK Products".
These Compliance Statements are supported in part by data provided by NK's suppliers. We make no warranty as to the accuracy of such information. NK continues to obtain valid and certifiable third-party information but has not necessarily conducted analyses on all purchased materials. In no event shall NK's liability to any customer for violations of these provisions exceed the purchase price for NK Products paid by the customer.
Jump to: RoHS, REACH, WEEE, California Proposition 65, Conflict Minerals, Anti-Corruption, Export Regulation
NK complies with the European Reduction of Hazardous Substances Directive 2015/863 (RoHS 3) which restricts the use of various hazardous substances, the most common of which is lead, in the manufacture of electronic instruments and other electrical equipment. Based on our own internal analyses, vendor supplied analyses, and/or material certifications of the raw materials used in the manufacture of our products, we confirm that the NK Products comply with RoHS regulations and do not exceed the allowable limits for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), Bis(2-ethylhexyl)phthalate (DEHP), butyl benzy phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP).
The European Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals, (REACH) was enacted in June of 2007, and is designed to consolidate various pieces of legislation within Europe and improve the level of information available on chemical usage within the supply chain. REACH was adopted to improve the protection of human health and the environment from risks that can be posed by chemicals. REACH identifies almost 200 chemicals of concern on the Substances of Very High Concern Candidate List. Manufacturers are required to notify customers when any of their articles contain >0.1% of Substances of Very High Concern (SVHC). We confirm that the NK Products contain none of the SVHC substances listed on the SVHC Candidate List. The current SVHC Candidate List can be viewed online at echa.europa.eu/candidate-list-table. We will continue to monitor our processes and vendors and any changes to the REACH legislation and SVHC Candidate List.
NK confirms that all NK Products are marked with the "wheelie bin" symbol in compliance with the European Waste Electrical and Electronic Equipment Directive 2002/96/EC (WEEE). This mark indicates that within EU member states the NK Products must not be disposed of as unsorted municipal waste and must instead be returned to local electronic waste collection and recycling providers. Any customers wishing to dispose of an NK Product should contact an NK reseller located within their country for more information. To locate an NK reseller, visit www.kestrelinstruments.com/dealers or www.nksports.com/dealers. Customers may also contact NK directly at email@example.com for more information about disposal arrangements. NK commits to properly recycle and dispose of all NK products returned to NK at the end of their life.
CALIFORNIA PROPOSITION 65
WARNING: Use of the NK Products can expose you to chemicals, including lead and lead compounds, which are known to the State of California to cause cancer and bisphenol A (BPA), and phthalates DINP and/or DEHP, which are known to the State of California to cause birth defects or other reproductive harm.
Can I Trust that the NK Products are Safe Despite this Warning?
In 1986, California voters approved the Safe Drinking Water and Toxic Enforcement Act known as Proposition 65 or Prop 65. The purpose of Proposition 65 is to ensure that people are informed about exposure to chemicals known by the State of California to cause cancer, birth defects and/or other reproductive harm. A company with ten or more employees that operates within the State of California (or sells products in California) must comply with the requirements of Proposition 65. To comply, businesses are: (1) prohibited from knowingly discharging listed chemicals into sources of drinking water; and (2) required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. Proposition 65 mandates that the Governor of California maintain and publish a list of chemicals that are known to cause cancer, birth defects and/or other reproductive harm. The Prop 65 list, which must be updated annually, includes over 1,000 chemicals, including many that are commonly used in the electronics industry.
Although NK's manufacturing process is "lead-free" and compliant with both RoHS 3 and REACH, as outlined above, it remains possible that trace amounts of lead below the RoHS and REACH reporting levels could be found in components or subassemblies of the NK Products. Bisphenol A (BPSA) could conceivably be present in minute amounts in our plastic housings, lenses, labels or adhesives, and DEHP & DINP (phthalates) could possibly be found in PVC wire coatings of our cables, housings, carrying cases, and power cords. Unlike RoHS and REACH, Prop 65 does not establish a specific threshold for reporting on the substances of concern and instead sets forth a much less definitive standard requiring that the business demonstrate with certainty that there is "no significant risk" resulting from exposure.
With respect to carcinogens, the "no significant risk" level is defined as the level which is calculated to result in not more than one excess case of cancer in 100,000 individuals exposed over a 70-year lifetime. In other words, 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. With respect to reproductive toxicants, the "no significant risk" level is defined as the level of exposure which, even if multiplied by 1,000, will not produce birth defects or other reproductive harm. In other words, 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.) Proposition 65 does not clarify whether exposure is to be measured only in normal operation, or in the event of misuse such as intentionally damaging, incinerating or consuming an NK Product or component and NK has not attempted to evaluate the level of exposure.
A Proposition 65 warning means one of two things: (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. The California government has itself clarified that "The fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe." The government has also explained, "You could think of Proposition 65 more as a 'right to know' law than a pure product safety law."
While using the NK Products as intended, we believe any potential exposure would be negligible or well within the "no significant risk" range. However, to ensure compliance with California law and our customers' right to know, we have elected to place the Proposition 65 warning signs on NK Products.
For further information about California's Proposition 65, please visit oehha.ca.gov/prop65/background/p65plain.html.
Nielsen-Kellerman ("NK") hereby declares that the above-listed products manufactured and or resold by NK (together, the "Products") are, to our knowledge and belief, manufactured without the use of columbite-tantalite (coltan), cassiterite, gold, wolframite and the derivatives tantalum, tin and tungsten ("Conflict Minerals") originating from the Democratic Republic of Congo (the "DRC") and adjoining countries (the "Conflict Region").
Nielsen-Kellerman's products are designed and assembled by Nielsen-Kellerman in Boothwyn, Pennsylvania, USA, from component parts, including capacitors, resistors, sensors, microprocessors, displays, circuit boards and injection molded cases. Electronics components contain various metals – including tantalum, tin, tungsten and gold – that have the potential to be Conflict Minerals originating from the DRC and adjoining countries sold to perpetuate fighting and human rights abuses.
In the U.S., Section 1502 of the 2010 Dodd-Frank Act requires companies to file an annual special disclosure with the U.S. Securities and Exchange Commission beginning in 2014 indicating if their products include metals sourced from the Conflict Region. While Nielsen-Kellerman is not required to file disclosures with the SEC, we support the goal of the 2010 Dodd-Frank Act and the related U.S. Securities and Exchange Commission rule that promotes transparency and consumer awareness regarding the use of Conflict Minerals and seeks to cut direct and indirect funding of armed groups engaged in conflict and human rights abuses in the Conflict Region.
Nielsen-Kellerman does not source any components or materials from the Conflict Region, nor does Nielsen-Kellerman source any Conflict Minerals in their raw state for any purpose whatsoever. Furthermore, Nielsen-Kellerman does not knowingly source any components or products containing Conflict Minerals or their derivatives. However, while Nielsen-Kellerman takes very seriously its obligation not to support or contribute to the violence and human rights violations associated with the mining of the identified minerals in the Conflict Region, we have no choice but to rely upon the due diligence of our suppliers and distributors to ensure that the metals contained in our component parts do not contain Conflict Minerals. Nielsen-Kellerman sources components exclusively from reputable domestic and international distributors and manufacturers, with the great majority being purchased from Arrow Electronics and Avnet Electronics. We have attached Conflict Minerals Statements from these two suppliers confirming their commitment to work throughout their supply chain to ensure that the specified metals are being sourced only from (1) mines and smelters outside the Conflict Region or (2) mines and smelters within the Conflict Region which have been certified by an independent third party as "conflict free."
NK is committed to supply chain initiatives and overall corporate social responsibility and sustainability efforts that work towards a conflict-free supply chain. We have surveyed the majority of our suppliers to ensure they have a conflict minerals policy in place and require our suppliers to likewise support these efforts and make information on the origin of their product components easily accessible.
NK's suppliers are expected to establish their own conflict minerals policies, due diligence frameworks and management systems that are designed to prevent conflict minerals originating from the DRC or an adjoining country, to the extent that they benefit groups committing human rights violations, from being included in the products sold to NK. In the event NK determines that a supplier has failed to develop and implement reasonable steps to comply with this policy, NK reserves the right to take appropriate actions, which may include discontinuing the business relationship with the supplier.
Information provided herein concerning the substance content of the NK Products represent NK's knowledge and belief as of the date that it is provided based upon certifications by NK's suppliers regarding the raw materials used in the manufacture of our products. NK makes no representation or warranty as to the accuracy of information provided by third parties. NK has taken and continues to take reasonable steps to obtain representative and accurate information. In no event shall NK's liability to any customer arising in relation to this Conflict Minerals Policy exceed the total purchase price of the NK Products sold to that customer.
NK is engaged in business activities around the world, some of which may involve contact with officials and representatives of non-U.S. governments or of companies owned in whole or in part by non-U.S. governments. Corruption is the willingness to act dishonestly in return for money or other gains. By wrongly benefitting a few individuals who abuse their power or position, it creates unfair competition, damages innovation, and undermines integrity. Because of the damage that corruption does to the public good, it is illegal around the world.
NK is committed to compliance with United States Foreign Corrupt Practices Act ("FCPA"), the UK Bribery Act, and all other anti-corruption laws of all countries and territories in which we operate or market products (collectively, "Anti-Corruption Laws"). NK has in place a written Anti-Corruption Policy governing all NK Employees and third-party business associates. We require our officers, directors, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. We also require our employees who are aware of suspected violations or potential violations of applicable laws to advise senior management and cease further interactions with the party in question.
NK, its officers, directors, employees, agents, and distributors acting on behalf of NK, wherever located, shall not offer, pay or give, promise to pay or give, or authorize the payment or giving of any money or anything of value, directly or indirectly to any foreign official.
In addition, NK and its officers, directors, employees, partners, third parties, and agents shall not make any such offering or payment to any person knowing or having reason to believe that all or part of it could be used to make a corrupt payment to a foreign official.
In addition, it is the policy of NK to not do business with persons or entities appearing on the U.S. Specially Designated Nationals and Blocked Persons ("SDN") List. SDNs are persons with whom U.S. companies may not deal. Typically, SDNs have an economic or political relationship to a U.S.-sanctioned country but may be located outside that country.
NK screens every Distributor located in or selling to countries with a low Corruption Perception Index score or known to be selling to foreign governments to ensure that no owner, senior officer or employee involved in selling the NK Products appears on the SDN List. NK also requires all Distributors to certify that they will comply with anti-bribery laws.
EXPORT REGULATION COMPLIANCE
It is NK's policy to conduct its business in accordance with U.S. export and sanctions regulations, including but not limited to the Export Administration Act of 1979, as amended, the Export Administration Regulations, the International Emergency Economic Powers Act, the Arms Export Control Act, the International Traffic in Arms Regulations, Executive Orders of the President regarding embargoes and restrictions on trade with designated countries and Sanctioned Persons, the embargoes, restrictions and regulations administered by OFAC, the antiboycott regulations administered by the U.S. Department of Commerce and the U.S. Department of the Treasury (collectively, "Export Regulations").
Accordingly, NK requires that all resellers of the NK Products ("NK Distributors"), consultants and contractors certify that neither they nor any officers, employees, directors, or partners thereof, is (i) a person or entity listed on the Specially Designated Nationals and Blocked Persons List ("SDN List") administered by the Office of Foreign Assets Control ("OFAC") (ii) any person or entity identified on OFAC's List of Foreign Sanctions Evaders pursuant to Executive Order 13608; (iii) any person or entity identified as blocked by OFAC pursuant to Executive Order 13599; (iv) an entity owned or controlled by any such person or entity identified in paragraphs (i) through (iii) of this paragraph; or (v) any person or entity listed on the Entity List or Denied Persons List maintained by the Bureau of Industry and Security of the U.S. Department of Commerce (each of the persons or entities identified at (i) through (v) of this paragraph, a "Sanctioned Person"). NK also requires that all NK Distributors also represent and warrant to NK that they shall not export, re-export or transfer any Products in violation of Export Regulations.
Without limiting the generality of the foregoing, NK Products provided shall not be, directly or indirectly, sold, leased, assigned, transferred, conveyed or in any other manner disposed of in any country or region subject to comprehensive United States sanctions or embargo (as of the date of this addendum, Cuba, the Crimea Region of Ukraine, Iran, North Korea, or Syria) or to a Sanctioned Person.
Last revised July 7, 2020.
Alix James, CEO