Limitations of Liability
In no event shall Nexel Industries Inc. ("Nexel Industries") or any of its affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Prices; Typographical Errors
Prices are subject to change without notice. Nexel Industries is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Nexel Industries Industrial shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Nexel Industries Industrial shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Nexel Industries Industrial shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Nexel Industries Industrial reserves the right at any time after receipt of your order to accept or decline your order for any reason. Nexel Industries Industrial reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Sales and Use Tax
Customers purchasing from Nexel Industries and shipping to Oklahoma, Vermont, Colorado, or Kentucky may have additional tax requirements. Click here to see important sales and use tax information regarding the tax you may owe directly to the state of your residence if you are located in Oklahoma, Vermont, Colorado, or Kentucky.
Except as specifically set forth therein, Nexel Industries makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations might not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights that vary from state to state. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Terms of payment are within Nexel Industries’ sole discretion, and unless otherwise agreed to by Nexel Industries, payment must be received by Nexel Industries prior to Nexel Industries’ acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Nexel Industries. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Nexel Industries may invoice parts of an order separately. Orders are not binding upon Nexel Industries until accepted by Nexel Industries. Any quotations given by Nexel Industries will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Nexel Industries does not sell products intended to be used as Aircraft Products. Nexel Industries shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to use of the products we sell as Aircraft Products. “Aircraft Products” means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labor related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from Nexel Industries as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from Nexel Industries which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.
Separate charges for shipping and handling will be shown on Nexel Industries’ invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Nexel Industries’ invoice. Nexel Industries will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures or acts of God.
Title/Risk of Loss
Title to products and risk of loss passes from Nexel Industries to you upon delivery to the carrier.
Components; Custom Built Orders
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards. Once you place an order for custom-cut, customer built or special order items your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.
Customer agrees that it will not divert, use, export or re-export the Products contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
These terms and conditions of sale may be amended at any time by Nexel Industries. The laws of the State of New York shall govern these terms and conditions of sale.