Terms & Conditions for all Commercial Equipment 1-1/2" and Larger
Thank you for the opportunity to provide an equipment quote!
While all sales are subject to our standard Terms and Conditions found on the second page of this document, there
are several key items and considerations that we would like to highlight as follows:
• This quote is valid for a period of 30 days from the quote date or for the term stated on the quote, whichever is shortest.
• Shipping weights, dimensions and anticipated ship dates are all approximate and subject to change.
• The quote does NOT Include Installation, Start-up, Training unless otherwise specified.
• All shipments are F.O.B. Norton, Ohio unless otherwise specified
• All orders will be invoiced 14 days after the completion of fabrication or on the ship date, whichever
• No installation hangers, supports, tie downs, interconnecting piping or bypass piping included unless otherwise specified.
• Payment Terms are determined by the Nelsen AR Department. A 1.5% late fee per month (18% per year) will be added to all past due accounts.
• Nelsen fabricators make every attempt to produce leak free systems. The purchaser acknowledges that systems with interconnecting piping may have leaks, even if air or hydraulically tested at the time of manufacture, due to pipe vibrations and handling during shipping. For example, galvanized pipe threads are diligently assembled with recommended thread sealants but may have leaks discovered at time of installation and start up. It is the installers’ responsibility to check the system for leaks upon startup and make any repairs if necessary.
• Any document received from Buyer which contains terms and conditions conflicting with Nelsen’s documents shall not become part of the contract; only those terms and conditions as specified in Nelsen’s documents shall be binding, unless otherwise modified in writing and no implied terms and conditions shall be substituted for Nelsen’s terms and conditions to resolve conflict.
• Engineer’s approval of proposed brands shall be the contractors responsibility
• Submittals will not be prepared until a written purchase order has been received
• We reserve the right to substitute and supply equal or superior materials where deemed necessary and as availability from Vendors dictates.
• If the customer requests a shipping delay, a storage fee of 3% of the purchase price of the equipment will be charged 30 days after the invoice date. The storage fee will not be calculated on estimated shipping costs. Storage fees will be charged monthly and are due and payable on receipt of the storage fee invoice.
Supplemental Terms & Conditions
By accessing any web page contained within the Nelsen Water Treatment Solutions web site, http://www.NelsenCorp.com/Commercial (the "Site"), you agree to be legally bound and to abide by the terms set forth below:
All information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips and software) is the property of Nelsen Corporation ("SITE OWNER") or its licensors and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of SITE OWNER and protected by U.S. and international copyright laws.
SUBJECT TO THESE TERMS AND CONDITIONS, SITE OWNER GRANTS YOU A LIMITED, NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO VIEW THE CONTENT ON THIS SITE. ANY OTHER USE, INCLUDING THE REPRODUCTION, COPYING, MODIFICATION, DISTRIBUTION, TRANSMISSION, REPUBLICATION, DISPLAY OR PERFORMANCE, OF THE CONTENT ON THIS SITE IS STRICTLY PROHIBITED.
All marks, NELSEN CORPORATION, NELSEN WATER TREATMENT SOLUTIONS, AQUA ELITE, AQUA CLASSIC, TERMINATOR, TERMINATOR PLUS, NRO, NELSEN ENGINEERING, NELSEN FILTRATION, and other graphics, logos and service names are trademarks or service marks of SITE OWNER. You are not granted any right to use SITE OWNER’S trademarks, service marks, logos, trade dress (including without limitation the layout of this site) or other marks and all such items shall remain the property of SITE OWNER. All other trademarks, service marks, product names, and company names and logos appearing on the Site are the property of their respective owners.
DISCLAIMERS AND LIMITATION OF LIABILITY
SITE OWNER makes every effort to insure the presentation of accurate and current information on this Site, but because of the dynamic nature of the Internet, SITE OWNER makes no warranties or guarantees of the accuracy of the information presented on this Site. In addition, no oral advice or written information given by SITE OWNER or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create a warranty; nor shall you rely on any such information or advice. You agree that use of this Site is at your sole risk. Neither SITE OWNER, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like, warrant that the Content or this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, merchandise or software provided through this Site.
THIS SITE IS PROVIDED BY SITE OWNER ON AN "AS IS" BASIS. SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SITE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TRADE USAGE AND NONINFRINGEMENT.
SITE OWNER AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM THE USE OF OR THE INABILITY TO USE THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SITE OWNER’S RECORDS, PROGRAMS, OR SERVICES, EVEN IF SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, SOFTWARE AND SERVICES AVAILABLE THROUGH THE SITE.
This Site has links to other web sites which are not under the control of SITE OWNER and SITE OWNER neither endorses nor is it responsible for the accuracy or reliability of the Contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Furthermore, the mere presence of a link is not an implication of sponsorship, endorsement or affiliation. Under no circumstances shall SITE OWNER, or its affiliates, or any of its licensors, officers, directors, employees, or agents be liable for any loss or damage caused by a person's reliance on information obtained through SITE OWNER or the Site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, without limitation, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
SITE OWNER’S RIGHTS
SITE OWNER may elect to monitor areas of the Site electronically and may disclose any Content, records, or electronic communication of any kind (1) to satisfy any law, regulation, or government request, (2) if such disclosure is necessary or appropriate to operate SITE OWNER or (3) to protect the rights or property of SITE OWNER, its customers, sponsors, providers, or licensors.
SITE OWNER reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful, whether to an individual, business entity, SITE OWNER, or any rights of SITE OWNER or any third party, or to violate any applicable law or these Terms and Conditions. Any conduct by you that, in SITE OWNER’S sole discretion, restricts or inhibits any other person from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS SITE AND THESE TERMS AND CONDITIONS AT ANY TIME AND WITHOUT NOTICE TO YOU.
If SITE OWNER removes any Content from this Site all licenses granted with respect to the removed Content are immediately terminated.
SITE OWNER reserves the right to cooperate fully with government officials in any investigation relating to any Content (including personal or private electronic communication transmitted on SITE OWNER) or purported unlawful activities of any user.
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Ohio without regard to its conflict of laws principles. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Ohio, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
This Agreement represents the entire understanding between you and SITE OWNER regarding your relationship with SITE OWNER and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS BY USING THE SITE.
Copyright © 2017 Nelsen Corporation and/or its suppliers, 3250 Barber Rd, Norton, OH 44203, USA. All rights reserved.