1. ACCEPTANCE OF TERMS AND CONDITIONS
Orders are accepted on the basis of terms and conditions in effect at the time the order is received and approved by Newco Products at Newco Products' Main Offices. As used herein, "Newco Products" is NEIL MANGIA ENTERPRISES, INC. Acceptance of any products delivered hereunder by Newco Products or any of its Affiliates or Assignee's shall constitute Buyer's agreement to said terms and conditions. No condition stated by Buyer in its offer or acceptance shall be binding on Newco Products terms and conditions. Availability of credit is conditioned upon a determination by Newco Products each time an order is received. We reserve the right to adjust the quantity ordered by 10% more or less.
Prices and pricing policies will be those set forth in Newco Products price listings in effect at the time of shipment. Prices are subject to change without notice and are not guaranteed. In the case of a pricing error due to, but not limited to, human error, system error, outdated price listing, or unforeseeable circumstances, Newco Products has the right to re-invoice for the correct price or issue cancellation of an order depending on the agreement with the customer.
3. TERMS OF PAYMENT
- Past due invoices are subject to a service charge of maximum legal rate per month from invoice date until paid.
- Orders are subject to a minimum charge of $25.00 per invoice. Return checks and declined credit card payments due to insufficient funds or fraudulent purchases are subject to a $35.00 penalty.
- If Buyer fails to fulfill terms or if Newco Products at any time has any doubt as to Buyer's financial responsibility, Newco Products may demand immediate full payment and decline to make further deliveries except against cash or satisfactory security.
- Any indebtedness owing from Buyer to Newco Products can set off and applied by Newco Products and associated companies on any indebtedness at any time from the time either before or after maturity or demand.
- Buyers shall hold harmless from any costs associated with collecting past due amounts owed by Buyer, including but not limited to, 18% interest financing fees, filing fees, actual attorney fees, out-of-pocket expenses, fees paid to a collection agency, etc.
Products will be delivered F.O.B at the Newco Products location of origin or factory of manufacturer in good condition and properly consigned, at your risk. Prepayment or allowance of freight by us shall not affect this provision. We shall not be liable for any injury, loss, damage, or delay in delivery resulting from the handling or use of the goods after or during such delivery.
Inspect your order immediately upon receipt:
Shortages or damage must be reported to Newco Products within 2 days of receipt. All Returns or adjustments must be completed within 30 days of original purchase date, no exceptions. Please call us about the return, we will issue a RMA #, please put this number on the return item.
No returns will be accepted for Special order, Electrical Motors or components, Cut Automotive or Industrial Hoses, Cut Air Ducting, or AuVeCo. We reserve the right to determine if the Buyer has abused or installed the item in question. If items cannot be restocked, or saleable, a credit will not be given. All returns must have an RMA # for return authorization.
All orders are subject to a 25% restocking fee if returned within 30 days.
Newco Products will not reimburse labor or freight costs. We will pay freight cost if the Error was our fault. This only Implies to Standard UPS Ground rates only, no International or Air Shipments will be Sent or Refunded.
6. SALES AND OTHER TAXES
Unless otherwise stated, Newco Products prices do not include any taxes whatsoever. Buyer agrees to indemnify Newco Products against payment of the same, whether or not included on Buyer's original invoice.
Title and Security interest to the merchandise shall remain in Newco Products until payment to Newco Products of full purchase price by Buyer. Newco Products retains the right to repossess, and any other remedies provided by law.
8. DISCLAIMER OF WARRANTIES
Buyer acknowledges and agrees that (i) the merchandise is of size, design, capacity and manufacture selected by Buyer. (ii) Newco Products is not a manufacturer thereof, and (iii) as between Newco Products and Buyer. THE BUYER PURCHASES THE MERCHANDISE AS IS AND THAT NEWCO PRODUCTS HAS NOT MADE, NOR DOES IT MAKE ANY REPRESENTATION OR WARRANTY OR AGREEMENT WITH RESPECT TO THE FITNESS, MERCHANTABILITY, CONDITION, QUALITY DURABILITY OR SUITABILITY OF THE MERCHANDISE IN ANY RESPECT INCLUDING ITS FITNESS FOR THE PURPOSES AND USES OF THE BUYER, OR AS TO NEWCO PRODUCTS TITLE THERETO (EXCEPT AS TO ACTS OMISSIONS OF NEWCO PRODUCTS ITSELF), OR ANY OTHER REPRESENTATIONS OR WARRANTY OR AGREEMENT OF ANY KIND OR CHARACTER EXPRESS OR IMPLIED WITH RESPECT THERETO, ALL OF WHICH ARE HERE BY SPECIFICALLY DISCLAIMED.
9. LIMITATION OF LIABLITITY
IN NO EVENT SHALL NEWCO PRODUCTS BY LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR OBLIGATIONS UNDER THIS AGREEMENT, NOR SHALL NEWCO PRODUCTS BE LIABLE FOR ANY DAMAGES CAUSED IN DELAY IN DELIVERY, INSTALLATION OR FURNISHING OF MERCHANDISE OR SERVICES BY ANY MANUFACTURER OF THE MERCHANDISE OR OTHERWISE, NEWCO PRODUCTS' LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
The Buyer shall defend and indemnify Newco Products from and against (a) any and all loss or damage to the merchandise, usual wear and tear excepted. (b) any claim, cause of action, damages liability, cost or expenses (including attorney's fees) which may arise or be incurred in any manner in favor of any person relating to the merchandise or any part thereof by way of example but no limitation, claims arising out of or incident to the construction, purchase, delivery, installation, ownership, leasing; sale or return of the merchandise or as a result of its use, maintenance, repair, operation, or condition thereof, whether or not any claimed defects in such merchandise are latent or are discoverable; (c) any claim, cause of action, cost or expense which may arise or be incurred by reason of or as a result of any act or omission of Buyer for itself or as agent for Newco Products hereunder: and (d) any claim, cause of action, cost or expense arising for alleged patent infringement of, for or as a result of claims for alleged strict liability in tort. The obligations of Buyer herein contained shall survive the expiration of the Agreement as to any loss, damages, claims, causes of action liabilities costs or expenses.
If there is any dispute, claim, counterclaim, defense or setoff asserted by a Cardholder against Newco Products respecting any goods or services purchased by use of a Cardholder, whether or not said assertion is valid, Newco Products may deduct from credits to Merchant or debit the Net Settlement amount held by Company or the Account in an amount equal to 100% of the amount previously credited for the subject Sales Data, chargeback. Newco Products may demand (in writing) that Merchant pay to Newco Products 100% of the amount that was previously credited for the subject Sales Data, and Merchant shall make such payment within one (1) business day.
12. NOTICE TO SUBSEQUENT PURCHASER OR REPACKER
For imported articles the requirements of 19 U.S.C.1304 and 19 CFR part 134 provide that the articles or their containers must be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article or container will be permit in such a manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin.
13. If Product results in or requires the design or manufacture of special "Creations" such as dies, mold, tools, patterns, all right in such Creations shall belong to Newco Products.
14. Our products are not to be used in aerospace or nuclear applications.
15. The risk concerning the purchased materials becomes the Buyer's responsibility from the moment the goods leave our property.