In Business Since 1985
TERMS & CONDITIONS
Acceptance
– Agreement
Please
read carefully before using our website. Using our website is acceptance of our
Terms and Conditions for services, buying, purchasing of product, and the user
(customer) is bond by those Terms and Conditions on this page. Terms and
Conditions may also be articulated else where or implied within our website and
do not limit Terms and Conditions but augment their meaning and application. nel-ton
Marketing and Services Ltd. may also be referred to as nel-ton and/or NMS
hereinafter. "Customer" or "client" means the end user
customer purchasing products or services from this web-site.
Pricing information is subject to change without notice. All information posted on our website shall be verified by the client before proceeding and shall not be binding upon nel-ton Marketing and Services Ltd. (nel-ton) in whole or in part. Photo's, pictures may not be an accurate representation of a product but provide a point of reference only. All products ordered for the client are NOT SUBJECT TO CANCELLATION OR SUBJECT TO RETURN. Defective products shall be covered under the manufacturer’s warranty and terms/conditions of such warranties. Advice/Recommendations maybe a separate charge but is always stated upfront and approved by the client before proceeding. Contents of the site shall not be copied or reproduced in whole or in part and are the property of nel-ton.
All pricing shown is excluded of all taxes and freight/handling charges. All information including pricing posted on our website shall be verified by the client before proceeding and the responsibility of the client/purchaser before making payment for a product or service and shall not be binding upon NMS in whole or in part. Descriptions of products/services are correct to the best of our knowledge and accurate with the understanding no guarantee offered as information is supplied by others or may have under gone changes since posting on the site. NMS shall not be liable for such information or any loss that may occur from the use of such information or its absence, client/user assumes all responsibility for such accuracy and use.
Since ALL products are ordered specifically for the client, SALES ARE FINAL and NOT SUBJECT TO CANCELLATION IN WHOLE OR IN PART. Approximate delivery dates along with pricing information (where available) shall not be grounds for cancellation of an order once received from the client since pricing and/or shipping information was provided (where available) before order placement. This means if there are any issues express such issues/concerns before order placement. The client has the option of waiting until such information is available before placing an order.
Warranties:
ALL warranties are restrictive - they start and end with the manufacturer. NMS
shall not under any circumstances assume liability for the manufacturer’s
product and/or services. In
no event shall NMS/Seller be liable for any damages resulting from loss of data,
or use, lost profits, loss of anticipated savings or any incidental or
consequential damages whatsoever.
Up-Dates/Trade
Marks
NMS may from time to time revise the Terms and Conditions by
updating this website leaving the reader/user bond to visit this page to keep
abreast of such changes and its impact. NMS logos are trademarks or service
marks, registered or not, the property of NMS. No one may interpret, to grant
directly or indirectly the use of a trademark or service mark on the web site,
or a third party.
Liability
Owner(s), director(s), contracted personal, employees, and or agents shall not
be responsible under any circumstances or liable for any and all damages
resulting from the use or attempted use (including links to or from a site) of
our website or for its content or lack thereof, even if NMS is advised of the
possibility of such damages.
Limitations of Liability
For
any breach of Terms, or Contracts NMS/Seller’s sole and exclusive maximum
responsibility shall not in any event exceed the total purchase price of the
Products and/or Services ordered by the client/customer.
Indemnity
You
will indemnify and hold us (and our officers, directors, agents, subsidiaries,
joint ventures and employees), harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your breach of this Agreement, or your violation of any law or the rights of a
third party.
Orders
Times
for delivery are targets only and NMS shall not be responsible for late
delivery. NMS does not ship partial orders. This means that if you've ordered
items that are indicated as being temporarily OUT OF STOCK along with ones that
are IN STOCK, we will not ship until the backorder can be filled. Where the new
quoted anticipated delivery date is more than three weeks beyond the quoted
initial delivery date and not accepted by the Customer then the Customer shall
have the right to cancel the Contract without liability to Seller for refund of
the Price paid. Customer shall have no other rights against Seller for delay to
delivery.
Payment
For the
collection of funds the customer shall be responsible, liable for any and all
cost(s) incurred by NMS in any court action and/or collection, litigation costs
or out of pocket expenses needed to obtain payment. Overdue accounts charged 2%
interest per month, with a compounded annual amount of 27%. NSF cheques or
missed payments subject to a $35.00 administration fee plus bank charges.
Interest applied to the principal amount even if a partial payment made to
discourage failure to make total payment of all charges of overdue accounts.
Website purchases are payable upfront before shipment of product/services with
an acceptable payment transaction clearing time of one (1) week before shipping
from stock can take place.
Court Proceedings
All court proceedings or matters of court handled in
Credit Card Use
Card use is not compulsory and payment can be made upfront by cheque, money
order or cash if convenient therefore, a processing fee may apply when using a
credit card. Efforts employed attempting to safe guard use of credit cards, but
no system is fool proof therefore, the client carries full responsibility when
using any card for payment and/or any issues of identity theft. The rigor
employed for protecting such transactions are safe guards similar to companies
selling online.
Returns
All returns are discouraged to avoid selling returned products, as new, which
other companies engage in. This policy is for the protection of the customer and
eliminates confidential information from the customer falling into the wrong
hands. Thus order with that in mind so products received are new unless
indicated otherwise. Under special conditions product maybe returned but subject
to a 50% handling charge plus shipping cost arranged & paid by the customer,
and product(s) must be in resalable condition before any refund can be obtained.
Again this practice protects the customer from receiving used or refurbished as
new because of other companies return policies which end up hurting other
customers. Prior approval must be provided in writing before a return will be
accepted as noted herein. No returned item will be accepted without an (RMA #)
return material authorization number affixed to the packaging.
Therefore, no shipment will be accepted unless accompanied with an RMA # affixed
to outside of its packaging. Packaging failing to show an authorized RMA
# will be refused at the sender’s expense.
Damage
The
customer/client is responsible or duty bound to record on the carrier’s paper
work any and all visible damage for possible claim with a copy of same in the
client’s possession. No electronic record will be accepted unless verifiable.
Replacement of product due to damage by the courier is the responsibility of the
carrier/courier and not that of NMS. Therefore, examination for damage of the
packaging is necessary by the client.
Acceptance
Title
of products/equipment passes only after full payment has been received by NMS
AND all other considerations have been met under the terms and conditions of
sale and/or lease agreement. Customer must sign for
delivery of the Products and/or Services upon delivery to the agreed location.
In the event that NMS/Seller or its agents should seek to deliver Products and
Services to the agreed location and delivery cannot be made due to the absence
of Customer or its agents or a signatory then NMS/Seller reserves the right to
charge repeat delivery charges to Customer. Such charges will depend on NMS/Seller's
and shall be payable by Customer on receipt of NMS/Seller's invoice for the
same.
Export
No
products at the present time from the website will be sold outside the country.
Pricing does not include exporting cost(s) of any nature. Any interest in
obtaining products from outside of
Privacy
Policy
From
the Home page of the website click on “Contact Us”, button, at the bottom of
that page click on “Privacy Policy for your viewing.
Restriction
of Website
No
company or persons shall commandeer NMS website for commercial and/or personal
advantage by linking our website to theirs regardless of the means taken in
redirecting NMS site to other site(s). NMS shall have the right to obtain
compensation, seek damages, loss of profits and other remedies for such activity
regardless of the circumstances. NMS website maybe linked to other sites based
on written permission from NMS.
Copyright© 2005 nel-ton Computer Services. All Rights Reserved