NEC Code Books GUARANTEE
All purchases are 100% guaranteed. If you are not satisfied with your purchase for any reason, NEC Code Books will give you your choice of a full credit, equal exchange, or your money back. Please call our Customer Services Department for your Return Authorization Number before returning items: 1-800-356-0783. Fill out the return form enclosed with your order and send it back to us with the unwanted item(s). Please prepay shipping; we do not accept CODs. Custom orders are not returnable, unless the mistake is our error.
SALES POLICY: Identification is required from all Purchasers. Possession of our catalog does not constitute the right to purchase from NEC Code Books.
ANY AND ALL PRICES herein are subject to change without notice.
The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. NEC Code Books, however, makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. NEC Code Books disclaims any and all liability to any user thereof.
WARRANTY DISCLAIMER
EXCEPT AS DESCRIBED IN OUR GUARANTEE, THERE ARE NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEC Code Books SHALL NOT BE SUBJECT TO AND DISCLAIMS:
(1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY,
(2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY NEC Code Books, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
(3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER.
NEC Code Books’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
LOCAL SAFETY STANDARDS AND REGULATIONS
Products sold by NEC Code Books are designed to meet stated US Safety standards and regulations. Because local safety standards and regulations vary significantly, NEC Code Books cannot guarantee that our products meet all applicable requirements in each locality. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, and be sure that the product, installation, and use will comply with them.
NEC Code Books makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
MANUFACTURERS' WARRANTIES & SALES LITERATURE
Most of the products supplied to NEC Code Books are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, NEC Code Books will obtain copies of consumer warranties from the warrantor and will furnish them free of charge to customers who request them. Address requests to: NEC Code Books, PO Box 1368, Janesville, WI 53547-1368 USA.
Requests must include the NEC Code Books order number and the manufacturer's model number of each product for which a copy of the warranty is requested. NEC Code Books may also furnish sales brochures and other literature of the manufacturer. NEC Code Books assumes no responsibility for the content of such warranties or sales literature by performing this service.
TRADEMARKS AND COPYRIGHTS
Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.
GOVERNING LAW; LIMITATIONS
These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Illinois, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
DISPUTE RESOLUTION
Actions by NEC Code Books for nonpayment by the Purchaser of the purchase price of products sold by NEC Code Books, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by NEC Code Books, at its option, before any judicial court of competent jurisdiction. At NEC Code Books’s option, disputes between the Purchaser and NEC Code Books, including all claims for non-performance by NEC Code Books, shall be finally settled by arbitration in Chicago, Illinois, USA under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Illinois, USA.
FORCE MAJEURE
NEC Code Books shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of NEC Code Books in the conduct of its business.
SECURITY INTEREST
On any sales on open account, the Purchaser hereby grants to NEC Code Books a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to NEC Code Books. Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform NEC Code Books immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.
ASSIGNMENT
Buyer shall not assign any order or any interest therein without the written consent of NEC Code Books. Any actual or attempted assignment without NEC Code Books’s prior written consent shall entitle NEC Code Books to cancel such order upon notice to Purchaser without liability to NEC Code Books.
MODIFICATION OF TERMS
NEC Code Books acceptance of any order is subject to purchaser's assent to all of the terms and conditions of access and sale as set forth herein. Purchaser's assent to these terms and conditions shall be presumed by Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon NEC Code Books unless agreed to by NEC Code Books in writing.
INDEPENDENT CONTRACTORS
NEC Code Books and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of which are binding upon NEC Code Books.
SEPARABILITY
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.
COMPLETE AGREEMENT
The terms and conditions in NEC Code Books web site Terms of Access, Terms of Sale, Quotations, Invoices, and Catalog Sales Terms and Conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and NEC Code Books.