Terms & Conditions
Standard Terms & Conditions Revision A-2
- GENERAL: 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.
- QUOTATIONS: Written quotations expire in 30 days unless
withdrawn earlier. Equipment is subject to prior sale and/or
removal from market.
- PAYMENT: NET 30 with approved credit. Interest of 1 1/2% per
month will be charged on unpaid balances for past due payments.
- PACKING: 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.
- TRANSPORTATION: 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.
- DELIVERY: All shipping dates are approximate unless the
shipping is expressly made firm in an accepted order.
- PENALTY CLAUSE: 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: Weights and dimensions in quotations are estimated
carefully but not guaranteed.
- TAXES: 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.
- CHANGES: 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.
