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WARRANTY/DISCLAIMER:
NET-TECH Distributing, Inc. does not
make any warranty, other than may be available from the
manufacturer, expressed or implied, of merchantability, suitable for any
particular purpose, or durability of product. In no event shall NET-TECH
Distributing, Inc. (or its authorized representatives) be liable for
incidental or consequential damages, including, but not limited to, loss
of sales, profit, revenue or goodwill, cost of capital, cost of
substitute products, facilities, or services downtime.
COSTS
OR ATTORNEY FEES:
NET-TECH Distributing, Inc. neither
assumes, nor does it authorize any other person to assume on its behalf,
any other liability in connection with the sale of product, whether
asserted by purchaser, against NET-TECH Distributing, Inc. or against
purchaser by any other party, even if NET-TECH Distributing, Inc. has
been advised of the possibility of such damages; and purchaser agrees to
defend, indemnify and hold NET-TECH Distributing, Inc. harmless from any
and all claims, actions, demands, or liability to third parties which
result from the use of NET-TECH Distributing, Inc.’s products. Buyer
shall at its own expense, defend and hold seller harmless from any
claims there on of any matter whatsoever. NET-TECH
Distributing, Inc. agrees only to terms on it’s invoice which has
control over terms in customer’s purchase order. If found liable,
NET-TECH Distributing, Inc.’s entire liability for damages in
connection with the product provided to purchaser or purchaser’s users
(whether based in contract, tort, or otherwise) will in no event exceed
the amount paid by purchaser. All legal actions will be governed by and tried in the state of Nebraska.
PAYMENT
TERMS:
Payment is due on or within 30 days
from invoice date, unless otherwise noted on invoice. Buyer agrees to
pay at the rate of one and one half percent (1-1/2%) per month on all
invoices not paid within the selling terms. Payments will be applied
first to service charges then to the oldest purchase invoice then
outstanding. NET-TECH Distributing, Inc. shall be entitled to its
reasonable attorney’s fees in any effort to enforce this agreement
whether or not a lawsuit is instituted. Should suit action or other
proceedings be instituted to collect any amount due, NET-TECH
Distributing, Inc. shall be entitled to recover from the other party
reasonable attorney fees in both trial appellate courts. Correspondence,
credit application, purchase order or order acknowledgement
electronically remitted (facsimile or e-mail) constitute acceptance of
sellers terms and conditions of this agreement.
SECURITY
INTEREST:
NET-TECH Distributing, Inc. shall
retain a security interest in all materials and goods until buyer makes
payment in full. Buyer by acceptance of the goods and materials
described on the face of this document, grants to NET-TECH Distributing,
Inc. a security interest in all other inventory now of hereafter owned
or possessed by the buyer to secure payment of the purchase price of the
goods and materials. Buyer agrees within twenty-four (24) hours notice
from NET-TECH Distributing, Inc. to execute the appropriate UCC
financing statements to evidence the security interests of NET-TECH
Distributing, Inc.
SHIPPING:
Buyer acknowledges and agrees that
it shall have no right to cancel shipments of seller’s products in
transit to buyer except after obtaining seller’s written consent.
Buyer shall indemnify and hold seller harmless against any and all
losses sustained by seller as a result of buyer’s cancellation or
delay of any delivery of shipment of shipment in transit to buyer.
INSPECTION/CLAIMS:
If accepted by buyer, all products
are assumed to meet all of buyer’s purchase requirements and
specification. Buyer shall inspect material against shipping papers upon
delivery and unloading at destination. Before taking possession of
product, it is customer’s responsibility to verify condition of
product; otherwise it is customer’s responsibility. No
claims for shortages or damaged materials will be valid or recognized by
NET-TECH Distributing, Inc. unless written notice specifying the nature
and extent of such shortage or damage is mailed to NET-TECH
Distributing, Inc. within five (5) days from the date of delivery
accompanied by the original freight bill, with notation by the
authorized agent of the carrier as to the items and quantities short or
damaged. In no event shall
NET-TECH Distributing, Inc. be responsible for or liable for any
incidental, special, or consequential damage or commercial loss of any
type or nature by reason of such shortage or damaged materials.
Buyer acknowledges and agrees that
all orders for seller’s products are accepted upon the express
understanding that seller shall not be liable for delays or failure to
meet delivery schedules occasioned by and of the following:
(1) Delays in transportation (2) Strikes/disagreements between
management and labor (3) Change in availability of materials (4) Other
causes beyond seller’s control.
RETURNS
(RMA’s) & EXCHANGES:
1) Returns will be honored only if reported within 30 days after
receipt.
2) Call first for an RMA number at (402)896-6093.
3) Returns must be in new condition in original box including all
product information and warranty cards.
4)
Authorized returns may be subject to a 20% + restock fee.
5) Special orders are non-returnable.
International Orders
All International orders will be processed after the fee is
collected thru one of the following methods.
1) Pay Pal
2) Cashiers Check
3) Wire Transfer
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