Terms & Conditions
Standard Terms & Conditions Revision A-2
Unless otherwise stated all orders are expressly subject to these terms and conditions. Modifications or additions will be recognized only if accepted in writing by a principal officer of NAS or their designated representative. Provisions of customers purchase order or other documents that add or defer from these terms and conditions of sale are EXPRESSLY rejected. No waver of these terms and conditions, or acceptance of others shall be construed from failure of NAS to raise objections.
Written quotations expire in 30 days unless withdrawn earlier. Equipment is subject to prior sale and/or removal from market.
NET 30 with approved credit. Interest of 1 1/2% per month will be charged on unpaid balances for past due payments.
Except where specifically stated otherwise, prices on this quotation are for commercial domestic packaging and do not include packaging for shipment outside the continental United States.
All equipment is sold F.O.B. point of origin. Our responsibility ceases with delivery of merchandise in good order to transportation companies. Claims for shortage or damage in transit must be made by the purchaser, against the carrier. In the absence of definite shipping instructions, we reserve the right to ship all material upon completion by any public carrier which in our opinion is satisfactory.
All shipping dates are approximate unless the shipping is expressly made firm in an accepted order.
No clause providing for a penalty or liquidated damages (and no claim) for late delivery or installation or a purchase order or in any other document will be effective without approval in writing by a principal officer of NAS.
Weights and dimensions in quotations are estimated carefully but not guaranteed.
Prices do not include sales, use, excise or any other taxes or charges. Customer is to self remit. NAS is not authorized to collect these taxes.
AS IS SALES
Equipment is sold "As Is" with no warranties expressed or implied. There are no warranties of merchantability of fitness for any particular purpose.
EQUIPMENT SOLD WITH WARRANTY
NAS warrants other than those items sold "as is", its products are free of defects in design, workmanship and material. If any such defects or nonconformity to specification occur within one year of date of shipment to job site or installers storage site, NAS will make the necessary corrections by repairing or at it's option by providing a replacement for any defective or otherwise non conforming product, parts or material F.O.B. factory. NAS is not responsible for the cost of providing working access necessary for fulfillment of it's warranty obligations or for costs of removal and reinstallation or transportation to and from the repair facility. The warranty is not extended by repair or replacement. This warranty does not apply to products of others specified by the customer or to NAS equipment that has been improperly stored, installed, operated, maintained or otherwise damaged. Should any testing of the products be done the conditions of and tests shall be mutually agreed upon and NAS shall be notified of and may be represented at all tests that may be made. In the event that NAS is unable, upon reasonable effort, to correct defects or non-conformities in accordance with this warranty, an equable price adjustment shall be negotiated. Under no circumstances shall NAS exposure to any claim exceed the cost of the product sold. This warranty sets forth all NAS obligations arising out of defects or non conformities in it's products whether claims are based on contract, tort (including negligence) strict liability or otherwise. THIS WARRANTY IS EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR INPLIED. THERE ARE NO WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PURPOSE, NOR ANY OTHER WARRANTY EXCEPT AS TO TITLE.
LIMITS OF LIABILITY
Under no circumstances will NAS be liable for consequential or incidental damages, including but not limited to, lost profit or revenue, damages to or loss of use of NAS products or other equipment, cost of capital, cost of replacement power, or claims of resale customers or other third parties, whether such damages are claimed under contract, tort (including negligence) strict liability or otherwise, nor shall NAS's liabilities exceed the price of equipment or parts claimed to be defective or nonconforming.
MATERIAL RETURNED FOR CREDIT
No merchandise may be returned for credit without prior written authorization by NAS. Material returned without prior authorization will remain the property of sender. Returned goods must be shipped freight prepaid and securely packaged to reach NAS without damage. NAS shall not be responsible for loss in transit whether by fire, theft, damage or other cause.
Terms and conditions of sale are subject to change without notice.
ACCEPTANCE OF ORDERS
No order shall be binding unless accepted in writing by a principal officer of NAS or their designated representative or by shipment or other performance. No binding order may be cancelled except by compensating NAS for it's loss, expenses and other damages.