The products available on the NDTfilmviewers.com site are subject to the terms contained herein.
With respect to orders placed through the NDTfilmviewers.com site, Purchaser acknowledges that: (a) placement of the order through electronic means signifies Purchaser’s assent to place an order with the NDTfilmviewers.com site that is accepted by the successful processing by the NDT Supply.com system of the order; (b) the typing by Purchaser of his or her name when requested to do so by the NDTfilmviewers.com site constitutes a signature to such contract; and (c) Buyer has the full authority to enter into the contract for such entity, and such grant of authority was indicated by Purchaser through placement of an order on the NDTfilmviewers.com site.
The NDTfilmviewers.com business will facilitate return of merchandise for exchange or credit within 30 days from the date of original shipment. Please contact the sales department to receive a return authorization number. The items returned shall be regular catalog items. No special orders items can be returned. Returns are subject to inspection and must be in new saleable condition, or credit will not be allowed. Return merchandise must be properly repackaged, along with all accessories, certifications and documentation. All freight charges and any customs clearance charges, duties and any other related charges associated with return merchandise are the responsibility of Customer. Freight collect shipments will be refused. Return shipments must be made in a timely manner and received by the NDTfilmviewers.com business within a reasonable period after the issuance of a return authorization.
All sales are F.O.B. shipping point unless otherwise agreed upon. Title to merchandise will transfer to Purchaser upon delivery to the carrier. Orders will be shipped via UPS ground unless otherwise requested by the Purchaser. Please provide your account number for direct billing. Handling and insurance charges will be included in freight charges. Rush shipping orders may to subject to additional handling charges. Export fees are to be billed to Purchaser.
Responsibility for loss or damage in transit rests with Purchaser. The NDTfilmviewers.com business will cooperate in providing all needed information for processing claims.
All payments must be made in U.S. dollars.
Credit card payment for products purchased at the NDT Supply.com web site is the quickest, most convenient method of payment. VISA, MasterCard and American Express payment shall be subject to the fees, charges, rules and regulations of Customer’s credit card processor. Customer must provide card number, expiration date and name of cardholder (exactly as it appears on the card). All international orders using credit cards may be delayed in order to verify valid credit card information. This is due to increased credit card fraud from overseas. NDTfilmviewers.com business disclaims all responsibility and liability for credit card payment issues.
Contact the credit department for wire transfer information.
Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND THE NDTfilmviewers.com business SHALL HAVE NO FURTHER LIABILITY.
On any sales on open account, Purchaser hereby grants to the NDTfilmviewers.com business 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 the NDTfilmviewers.com business. 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 the NDTfilmviewers.com business 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.
Purchaser shall not assign any order or any interest therein without the written consent of the NDTfilmviewers.com business. Any actual or attempted assignment without the NDTfilmviewers.com business’s prior written consent shall entitle the NDTfilmviewers.com business to cancel such order upon notice to Purchaser without liability to the NDTfilmviewers.com business.
The NDTfilmviewers.com business’s ability to keep product information accurate and up-to-date is limited by Suppliers, manufacturers and other industry sources ability to provide product information. THEREFORE, THE NDTfilmviewers.com business MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE ACCURACY OF THE CATALOG DATA.
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 Kansas, United States of America. Any legal action with respect to any transaction must commence within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Kansas, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN EXPRESSLY SET FORTH HEREIN IS MADE OR AUTHORIZED BY THE NDTfilmviewers.com business. THE NDTfilmviewers.com business DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCT DEFECT CLAIMS. NDT Supply.com DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE NDTfilmviewers.com business IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE NDTfilmviewers.com business DOES NOT MANUFACTURE THE PRODUCTS NOR PROVIDE THE SERVICES OFFERED BY THE SUPPLIERS. IN ADDITION, THE NDTfilmviewers.com business DOES NOT PROVIDE ANY WARRANTY CONCERNING THE OFFERED PRODUCTS AND/OR SERVICES
Limitation of Liability
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. THE NDTfilmviewers.com business’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, ANY NDTsupply.com BUSINESS PROCESSING FEES PAID.
Availability is subject to change at any time. NDTfilmviewers.com business makes no representations or warranties regarding the accuracy of this data.
No Warranties to Consumers
The NDTfilmviewers.com business makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
The NDTfilmviewers.com business shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, service interruptions, 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 the NDTfilmviewers.com business in the conduct of its business.
Modification of Terms
The NDTfilmviewers.com business’s acceptance of any order is subject to Purchaser’s assent to all of the terms and conditions set forth herein, and Purchaser’s assent to these terms and conditions shall be presumed from Purchaser’s placement of an order using the NDT Supply.com system, or from 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 the NDTfilmviewers.com business unless agreed to by the NDTfilmviewers.com business in writing.
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.
The terms and conditions in THE NDT Supply.com Web site contained herein, including forms, acknowledgments, quotations, invoices and sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and the NDTfilmviewers.com business.
If any provision of these Terms of Purchase 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 of Purchase.