APPLICABLE TERMS- By order, receipt and acceptance of the goods sold by NES COMPANY, INC. Purchaser accepts and shall be deemed to have accepted the following terms and conditions, Notwithstanding any other terms, conditions, or provisions on purchase orders, confirming orders, acknowledgments, vouchers, or other documents relating to the purchase or sale of goods by NES COMPANY, INC., the following terms and conditions specifically shall prevail and govern the rights and duties of NES COMPANY, INC., and Purchaser. Neither the sale of any goods, performance of any work or services, nor any statements, claims or representations made by or on behalf of NES COMPANY, INC. shall alter the following terms and conditions or the rights and duties of NES COMPANY, INC., and Purchaser.
SALE OF GOODS-Sale of goods and delivery shall be F.O.B. point of origin and the laws of the state of such point shall govern and prevail in the interpretation and endorsement of the agreement between NES COMPANY, INC., and Purchaser including the terms and conditions hereof.
PAYMENT-The purchase price invoiced for the sale of goods by NES COMPANY, INC., shall be paid in full by Purchaser net cash thirty (30) days from date of invoice. IN THE EVENT PAYMENTS ARE NOT RECEIVED BY US WHEN DUE: SERVICE CHARGE OF 1.5% PER MONTH, 18% PER ANNUM, WILL BE CHARGED AND IS PAYABLE ON ALL AMOUNTS OUTSTANDING BEYOND PAYMENT DUE DATE. ACTION WILL BE TAKEN TO COLLECT ALL AMOUNTS OUTSTANDING FOR OVER NINETY (90) DAYS AND THE DEBTOR WILL BE LIABLE FOR ALL COLLECTIONS AND LEGAL COSTS INCURRED.
FORCE MAJEURE-If by reason of unavoidable accident, acts of God, fire sabotage, riots, insurrection, governmental action, plant closing, strike, lockout or labor difficulty or other cause beyond the control of the affected party, either NES COMPANY, INC., or Purchaser shall be unable to comply with its obligations hereunder. It may suspend its performance during the terms of such disability provided, however, in the event either parts fails by reason of force majeure to perform for period in excess of three months, the other may cancel the agreement between NES COMPANY, INC. and Purchaser upon sixty (60) days written notice provided further that Purchaser shall not be excused from the obligation to make payment for goods delivered to Purchaser by NES COMPANY, INC. , in accordance with the terms hereof.
WARRANTY- NES COMPANY, INC., warrants that the products sold by NES COMPANY, INC., shall be of like grade and quality to and in accordance with NES COMPANY, INC.'S published Data Sheet for such products, but NES COMPANY, INC., makes no other warranties express or implied and specifically EXCLUDES without limitation any and all WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND MAKES NO WARRANTIES BEYOND THOSE CONTAINED HEREIN. If any of the products in any shipment do not conform to the warranty contained herein, Purchaser's sole remedy will be to notify NES COMPANY, INC., of such nonconformity within fourteen (14) days of the receipt of such product, and NES COMPANY, INC., will at its option either promptly repair or replace the non-conforming product with a product which conforms to the warranty or refund the purchase price of the non-conforming product. NES COMPANY, INC., shall not be liable for specific, indirect or consequential damages nor shall NES COMPANY, INC., be liable for damages of any kind arising from the presence or use of the products delivered whether used singly or in combination with other substances. No claim of any kind arising hereunder shall be greater than, nor shall NES COMPANY, INC., in any event be liable for an amount in excess of the amount of the purchase price of the products in respect of which such claim is made.
TAXES-Any federal, state or local taxes on the sale, use or severance of the products sold by NES COMPANY, INC., shall be borne by Purchaser.
RETURN POLICY- Your complete satisfaction is our priority. Online purchase of our NCC liquid ring pumps are 100% returnable upon request. All goods must be unused and in original condition and packaging. The customer is responsible for outbound and return freight. All standard off-the-shelf items are subject to a restocking fee of 15% in addition to outbound and return freight charges. NES Company Inc. reserves the right to reject a return item if for any reason it is not in the original condition. Custom built items are generally not returnable unless pre-approved by NES Company Inc. If you have questions or concerns please contact NES Company Inc. at 1-800-297-3550 or email us at info@nescompany.com |
