A.
“Web Prices” displayed on EmergencySupplyNetwork.com or any other
company website. A list of all websites is located in section 16 below.
(i) are offered to Customers that do not have other pricing arrangements
with National Supply Network, LLC; (ii) are subject to these Terms of
Sale; (iii) are available for orders placed on emergencysupplynetwork.com, by phone, or via any company owned website
listed in section 16 below or company owned office location; (iv) do not
include freight, handling fees, taxes, and/or duties; and (v) order
requests, quotations, and online order placement are considered order requests and are subject to change or correction at any time and without notice.
B.
National Supply Network, LLC reserves the right, in its sole
discretion, to offer a volume discount (“Volume Discount”) to Customers
based upon the quantity of products purchased in a single transaction.
Volume Discount pricing is subject to product availability, and quantity
limits may apply. Resale by Customers at retail or online of products
purchased under Volume Discount pricing is prohibited. National Supply
Network, LLC. reserves the right to: (i) accept or reject any Volume
Discount order; or (ii) charge the full price for the product if the
event that Volume Discount priced items are returned.
3. Sales Tax.
Customer
is responsible for payment of all applicable state and local taxes, or
for providing a valid sales tax exemption certificate. When placing an
order, Customer shall indicate which products are tax exempt and provide
exemption forms. If taxes are not collected and at a later date the
sale is deemed taxable customer agrees to may payment within 30 days of
notice. Unpaid taxes are subject to payment and credit terms.
4. Payment and Credit Terms.
National
Supply Network, LLC. accepts cash, wire transfers, checks, money
orders, certified checks, Visa, MasterCard, Discover, and American
Express. For Customers with established National Supply Network, LLC.
credit, payment terms are net thirty (30) days from the date of shipment
or pick-up of products. Preferred method of payment for Customer’s
payment is via credit card.
Per
our terms of use, please know that your credit card is authorized upon
placing the online order. Our third-party credit card processor checks
with your issuing bank for available funds. Your issuing bank will
typically will hold the total amount aside waiting for us to capture or
void authorization. If we void the transaction your funds are typically
not available immediately.
Your credit card issuing bank will make the funds available when they
decide, usually within 48 hours. We have zero control over when your
issuing bank decides to make that credit available. A credit card refund
once captured may take longer.
All credit extended by National Supply
Network, LLC. and the limits of such credit, is at National Supply
Network, LLC’s sole discretion, and may be reduced or revoked by at any
time, for any reason. As a condition for the continued extension of
credit, Customer agrees to provide National Supply Network, LLC. with
current credit information and the latest annual financial statement
within five (5) business days following request. National Supply
Network, LLC. reserves the right to charge a convenience fee for late
payments. National Supply Network, LLC. further reserves the right to
charge Customer a late payment fee at the rate of one and one-half
percent (1-1/2%) of the amount due for each month or portion thereof
that the amount due remains unpaid, or such amount as may be permitted
under applicable law. Anticipation and cash discounts are not allowed.
Export orders are subject to special export payment terms and conditions
identified in Section III. All payments must be made in U.S. dollars.
National Supply Network, LLC. has the right of set-off and deduction for
any sums owed by the Customer to National Supply Network, LLC.
If
the Customer fails to make payment within thirty (30) days of shipment
or pick-up, or fails to comply with National Supply Network, LLC credit
terms, or fails to supply adequate assurance of full performance to
National Supply Network, LLC. within a reasonable time after requested
by National Supply Network, LLC (such time as specified in National
Supply Network, LLC’s request), National Supply Network, LLC may defer
shipments until such payment or compliance is made, require cash in
advance for any further shipments, demand immediate payment of all
amounts then owed, elect to pursue collection action (including without
limitation, attorneys’ fees and any and all other associated costs of
collection), and/or may, at its option, cancel all or any part of an
unshipped order. If Customer fails to comply with these payment terms,
National Supply Network, LLC. may, at its sole discretion, and without
notice, immediately terminate any agreements it has with Customer. Upon
such termination all amounts owed by Customer to National Supply
Network, LLC. shall become immediately due and payable.
National
Supply Network, LLC has the right, at any time and in its sole
discretion, to immediately change the terms of any credit extended to
Business Customer if: (i) there is a material change in Customer’s
financial capability or creditworthiness; (ii) Business Customer enters
into or signs an agreement regarding any Change of Control; or (iii) a
trustee, receiver or examiner is appointed for Business Customer or its
affiliates or subsidiaries or Business Customer’s plan of reorganization
is confirmed by a U.S. Bankruptcy Court. “Change of Control” means any
(x) sale, lease, or other disposition of all or substantially all of
Business Customer’s assets; (y) transaction or series of related
transactions (by stock sale or otherwise) in which any person or entity
becomes the beneficial owner, directly or indirectly, of more than 50%
of Customer’s voting control; or (z) merger or consolidation involving
Business Customer.
Additionally,
Business Customer, and each of its subsidiaries and affiliates, agrees
to provide to National Supply Network, LLC proper authorization
necessary for National Supply Network, LLC to request any financial
information from third parties.
Business
Customer hereby unconditionally guarantees payment as a primary obligor
of, as provided herein, all purchases made by Business Customer, its
subsidiaries and affiliates. Each of Business Customer’s subsidiaries
and affiliates purchasing from National Supply Network, LLC are jointly
and severally liable for all purchases made by Business Customer and its
subsidiaries, and Customer is also acting as agent for such
subsidiaries and affiliates. Business Customer further agrees to defend,
indemnify and hold harmless National Supply Network, LLC from any and
all claims, injuries, damages, losses or suits, including, without
limitation, attorneys’ fees and costs, arising out of, or in connection
with any attempt to disgorge or recover payments to National Supply
Network, LLC made on behalf of Business Customer by a subsidiary and
affiliate on the grounds that such payment was improper, unauthorized,
or constituted a fraudulent transfer.
5. Security Interest.
Customer’s
hereby grant to National Supply Network, LLC a first priority 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 National Supply Network, LLC. Customer agrees to file, and it
permits and authorizes National Supply Network, LLC to file, any
financing statements or other appropriate documents with its
governmental authorities to perfect the validity, priority, and
enforceability of National Supply Network, LLC’s lien or security
interest.
6. Credit Balance
Customer
agrees that any credit balance(s) issued by National Supply Network,
LLC. must be used within two (2) years from the date the credit was
issued and may only be used for purchases of products. Any unused credit
or portion thereof will automatically expire after two (2) years, or be
processed pursuant to state law.
B. Shipping & Freight Policy
The
prices prices stated are F.O.B. origin, freight prepaid and added to
customers order. National Supply Network, LLC reserves all rights to
charge a shipping and handling fees, (which includes internal handling
and related processing costs), on each order which is applied at time of
order and reflected on Customer's order and/or invoice. Receipts for
actual shipping and handling charges will not be furnished! Cash on
delivery (COD) shipments are not permitted. Other terms and conditions
may apply for other than standard ground delivery ("Other Freight
Services"), including without limitation, expedited same day delivery,
less than truckload (LTL) shipments, air freight, freight collect,
export orders, hazardous materials, customer's carrier, shipments
outside the contiguous U.S. or other special handling by the carrier.
All Shipping, Freight and Associated Services must be paid by Customer. Truckload
and less than truckload freight carrier shipments are estimated as
commercial business dock to dock delivery, the customer is fully
responsible for providing all details related to the delivery point.
Failure to provide accurate information results in inaccurate estimates
and freight fee’s causing balances due by customer. Customers
are the sole responsible party for providing full and complete
shipping information when delivery is other than a business dock to dock
delivery. Customers must also inform seller if the ship to location is
residential, has limited-access, a high traffic area, gated, security
check point or guard shack, on island, crosses drawbridge, delivery
other than ground floor, lift-gate required, call ahead required or
adding additional insurance. It's the customers responsibility to
provide the information in the order comments section, via email or by
phone. The customer is responsible for any unpaid fee's which occur
from not providing accurate information so to for accurate shipping cost
estimates.
The
customer acknowledges and agrees under these standard terms that all
freight costs and/or other additional freight related service, delivery
or storage fees are the sole-responsibility of the customer.
National Supply Network, LLC. not responsible for any shipping damages! The
customer is solely responsible for shipping insurance and must contact
us prior to order placement for carrier insurance quotations. The customer's only recourse for a damaged shipment is to file a transit damage claim. Most carriers provide a maximum $100.00 claim without purchasing additional insurance. We recommend purchasing additional carrier
insurance on all orders valued over the $100.00 threshold. The customer
is responsible for insuring all parcel and/or freight shipments. Once the order status changes from received to approved and processed we can no longer add shipping insurance.
The title and risk of loss passes to Customer upon tender of shipment to the carrier.
National Supply Network, LLC is not responsible and will not refund or
reship any goods if the carrier does not cover damaged goods. The carrier has the final determination of any claim refund!
Carriers
will not cover damages from scuff, rub marks, ends and edges of
paneling or boarding or any other type of minor damage. You have the
right to refuse any damaged delivery at your own cost, National Supply
Network, LLC is not responsible for your determination. We highly
suggest only refusing a shipment that you can document has extreme
carrier damages. The customer is responsible for any carrier return shipping fee's, storage fee's, disposal fee's
or any other related costs. Carrier may dispose products when left at
depot due to inability to reach client for delivery or when items have
been refused. If disposal occurs the product becomes a full loss and all
original charges will not be refunded. Additionally, you have have
charges which have related to non-acceptance or refusal.
REQUIRED CLAIM NOTE: Take lots of high quality pictures of the damaged goods, write a complete damage assessment on the carriers paperwork. You must have a copy of the carriers paperwork with your refusal assessment. Obtain the company of the delivery carrier, full name of the driver, trailer number of the delivery truck, address and phone number of the carriers depot which the refusal will go back. Without all the information we cannot file a claim on your behalf with the shipper.
C. PRODUCT RETURNS & WARRANTY POLICY
1. RETURN POLICY
Customers should contact National Supply Network, LLC if not satisfied
with a product within 30 days from shipment date. Items stocked from our
warehouse are returnable within seven (7) days of delivery receipt and
receive for a 100% refund of the product price minus the original
shipping charges. Returnable items received between the 8th and 30th
day will incur a restock fee of between 25% of the product price minus
the original shipping charges. Customer is responsible for shipping
costs to return product and is not refundable! The
customer is also required to obtain a return material authorization
number prior any returns, failure to obtain the authorization number
will result in a total loss of goods and no refund.
National
Supply Network, LLC has a large product offering, many of which are not
stocked in our warehouse! These items are considered non-stock items. We have thousands of product supply sources and each of those sources have different return policies. Many
of these non-stock items are not returnable! In addition to non-stock
items all made to order, custom, printed and large non standard order
quantities/multiples are not returnable. National Supply Network, LLC
reserves all rights to determine the ability to return stocked or
non-stocked goods. Non-Stock goods which National Supply Network
deems as returnable have a 30% - 100% restocking fee. The original
shipping is not refundable and all return shipping costs are the
customers responsibility! Freight and/or oversized products are not
returnable!
ALL
RETURNABLE ITEMS MUST BE IN THE ORIGINAL MANUFACTURER"S PACKAGING
UNOPENED! OPENED ITEMS CANNOT BE RETURNED AS THEY ARE LEGALLY CONSIDERED
USED AND UNABLE TO BE RESOLD AS MANUFACTURER NEW!
A National Supply Network provided RMA (Returns Material Authorization) number is required prior to any returns!
Once deemed returnable by National Supply Network we will provide a
return address location along with the RMA. National Supply Network, LLC
is not responsible for lost or damaged returns we highly suggest using a
reputable shipping carrier, insure shipment and choose a confirm
signature delivery.
National Supply Network, LLC. reserves the exclusive right to deem a product returnable or not returnable.
2. WARRANTY FOR BUSINESS CUSTOMERS.
THERE
ARE NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT
LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR:
(i) RESALE; OR (ii) USE IN BUSINESS, GOVERNMENT OR ORIGINAL EQUIPMENT
MANUFACTURE.
3. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY.
A. FOR BUSINESS CUSTOMERS:
EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR
AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR
AUTHORIZED BY NATIONAL SUPPLY NETWORK, LLC. NATIONAL SUPPLY NETWORK, LLC
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS. NATIONAL SUPPLY NETWORK, LLC ALSO DISCLAIMS ANY LIABILITY FOR
CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION,
IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR
MISAPPLICATION. NATIONAL SUPPLY NETWORK, LLC EXPRESSLY DISCLAIMS ANY
LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES TO THE EXTENT PERMISSIBLE. NATIONAL SUPPLY NETWORK, LLC
LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE
PRODUCT THAT GIVES RISE TO ANY LIABILITY.
B. FOR ALL OTHER CUSTOMERS:
EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR
AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR
AUTHORIZED BY NATIONAL SUPPLY NETWORK, LLC. NATIONAL SUPPLY NETWORK, LLC
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS. NATIONAL SUPPLY NETWORK, LLC. ALSO DISCLAIMS ANY LIABILITY FOR
CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION,
IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR
MISAPPLICATION. NATIONAL SUPPLY NETWORK, LLC EXPRESSLY DISCLAIMS ANY
LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES TO THE EXTENT PERMISSIBLE.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
AND OTHER RIGHTS MAY BE AVAILABLE.
Any
warranties on the product sold hereby are those made by the
manufacturer. The seller hereby expressly disclaims all warranties,
either express or implied, including any implied warranty of
merchantability or fitness for a particular purpose, and seller neither
assumes nor authorizes any other person to assume for it any liability
in connection with the sale of said products.
4. Warranty Product Return.
National
Supply Network, LLC provides no product warranties. The manufacturer is
the sole warranty provider of any product purchased. National Supply
Network does not handle warranty claims on behalf of the purchaser
and/or customer. The transfer of ownership occurs upon delivery as shown
by shipping carrier. National Supply Network is not responsible for the
product as the transfer of ownership has taken place. Do not return any product to National Supply Network, LLC. National
Supply Network, LLC may be able to assist with communications between
the customer and manufacturer. This assistance is only available within
the first 30 days upon delivery. We make no guarantees and not
responsible for the product or in any resulting outcome. After the 30
days expire the customer must contact the manufacturer directly as we
are unable to further assist. Your Proof of purchase from National Supply Network, LLC is required in all cases.
5. Manufacturer’s Warranty.
For information on a specific manufacturer's warranty policy, please
contact the manufacturer directly. National Supply Network, LLC may be
able to assist on the manufacturers name and telephone number as a
courtesy. Nat all manufacturer's are known as some products are imported
from outside the country. We are unable to provide manufacturer's
contact information on non-stock products or products sourced through
third party's. National Supply Network, LLC is not responsible or
required to provide any information related to the manufacturer’s and or
it's warranty.
6. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing
construction, installation, and/or use of products for a particular
purpose. Certain products may not be available for sale in all areas.
National Supply Network, LLC does not guarantee compliance or
suitability of the products it sells with any laws, codes or
regulations, nor does National Supply Network, LLC accept responsibility
for construction, installation and/or use of a product. It is
Customer's responsibility to review the product application and all
applicable laws, codes and regulations for each relevant jurisdiction to
be sure that the construction, installation, and/or use involving the
products are compliant.
7. Cross-Reference Information.
Product cross-reference comparisons or product alternatives that are
presented do not imply that products are available or perfectly
comparable. CROSS-REFERENCED PRODUCTS OR PRODUCT ALTERNATIVES ARE NOT
REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS.
Customer shall review all cross-referenced product or product
alternative specifications prior to purchase and use to determine
suitability of the product for Customer's intended use.
D. PRODUCT INFORMATION
1. Catalog/Website Information.
National Supply Network, LLC is a distributor of products. Information
about the products in the catalog or web site are provided by the
manufacturers and/or suppliers. Product pictures or depictions in the catalogs and websites are for illustrative purposes only.
Possession of, or access to, any National Supply Network, LLC catalog,
literature or websites does not constitute the right to purchase
products. National Supply Network, LLC reserves the right to revise
publishing errors in its catalogs or any of its websites. Despite our
efforts, occasional pricing errors may occur in the National Supply
Network, LLC catalogs and websites, and National Supply Network, LLC
reserves the right to correct or change such pricing errors without
notice. National Supply Network, LLC further reserves the right to
cancel any and all orders resulting from such pricing errors, even if
Customer has received an order confirmation from National Supply
Network, LLC. Customer agrees to accept partial or pro-rata deliveries
as full performance under order if the the seller is unable to fill
customer's entire order.
2. Product Substitution.
Products and/or country of origin may be substituted and may not be
identical to descriptions and/or images published in the catalog or on
the website.
3. Safety Data Sheets.
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. NATIONAL
SUPPLY NETWORK, LLC MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL
LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE
INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER
END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY
INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
4. Purchasers of Products For Use with/or Potable Water .
The Federal Safe Drinking Water Act and regulations in CA, LA, MD, and
VT prohibit plumbing products (including but not limited to pipes, pipe
fittings, solder, flux, plumbing fitting, etc.) used to convey water for
human consumption that are not “lead free” as defined by the
regulations. In order to determine your particular state’s standards
applicable to the products you purchase for use in or for potable water
applications, direct your inquiries to the appropriate regulatory agency
in your state. In order to determine the federal standards applicable
to the products you purchase for use in or for potable water
applications, visit http://water.epa.gov/drink/info/lead/index.cfm.
5. Important Notice to Federal Customers Re: Country of Origin.
The country of origin information shown in our catalog and websites
are provide by our manufacturers or suppliers and may have changed or be
incorrect. Customers requiring specific country origin information are
required to notify and obtain an official quotation. National Supply
Network, LLC is not responsible for country of origin information
provided.
E. DISPUTE RESOLUTION - ARBITRATION
Any
dispute of any sort that might arise between National Supply Network,
LLC and Customer, including any matters or disputes relating to or
arising from the purchase or use of any product, service, or information
offered or made available through National Supply Network, LLC, or
arising from or relating to any communication between Customer and
National Supply Network, LLC or its agents, will be resolved by
binding arbitration, rather than in court, and solely on an individual
basis and not in a class, consolidated or representative action, except that Customer may assert claims in small claims court if Customer’s claims qualify.
Customer acknowledges and agrees that it is waiving the right to sue or go to court to secure relief.
The Federal Arbitration Act and federal arbitration law apply to all
disputes between National Supply Network, LLC and Customer, including
any disputes relating to or arising from any purchases made by Customer.There
is no judge or jury in arbitration, and court review of an arbitration
award is limited. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages).To
begin an arbitration proceeding, Customer must send a letter requesting
arbitration and describing its claim to National Supply Network, LLC
which will provide our registered agent contact information. The
arbitration will be conducted by the American Arbitration Association
(“AAA”) under its rules, including the AAA’s Supplementary Procedures
for Consumer-Related Disputes if applicable. The AAA’s rules are
available at www.adr.org or by calling 1-800-778-7879.Payment
for all filing, administration and arbitrator fees will be governed by
the AAA’s rules. National Supply Network, LLC will reimburse those fees
for claims totaling less than $10,000 unless the arbitrator determines
the claims are frivolous. Likewise, National Supply Network, LLC will
not seek attorneys’ fees and costs in arbitration unless the arbitrator
determines the claims are frivolous. For claims totaling less than
$10,000, Customer may choose to have the arbitration conducted by
telephone, or based on written submissions. For all other claims, the
proceeding will be conducted in person in the county where Customer
lives or at another mutually agreed location.Under
the terms of AAA Rule 7 of the AAA Rules, Customer and National Supply
Network, LLC each agree that the arbitration panel has the power to rule
on any objections to the existence, scope, or validity of the
arbitration agreement or to the arbitrability of any claim. If for any
reason a claim proceeds in court rather than in arbitration National
Supply Network, LLC and Customer each waive any right to a jury trial
and further agree that any such court proceedings will be conducted only
on an individual basis and not in a class, consolidated or
representative action.If
any provision of this Section B, is held to be invalid or
unenforceable, then that provision or portion notwithstanding, this
Section B will remain in force and effect, and such provision or portion
will be deemed omitted, and this Section B will be construed as if such
provision had not been contained herein.National
Supply Network, LLC and Customer both agree that either party may bring
suit in court to enjoin infringement or other misuse of intellectual
property rights.
F. GENERAL TERMS1. Third Party Payment Provider.
If Business Customer elects to use a third party payment system
provider (“Third Party Provider”) and National Supply Network, LLC is
charged fees by the Third Party Provider, National Supply Network, LLC
reserves the right to seek reimbursement from Business Customer for any
and all costs paid to the Third Party Provider for the transfer of
funds, retrieval of payment detail, or any other purpose from the Third
Party Provider.
2. Intellectual Property.
Customer shall have no right, title, or interest in the trade names,
trademarks, trade dress, copyrights, patents, domain names, product
names, catalogs or any other intellectual property rights (“IP”)
reserved by National Supply Network, LLC , or any IP owned by
manufacturers and/or suppliers to National Supply Network, LLC . All
materials contained in National Supply Network, LLC catalogs or on its
web sites are subject to the ownership rights of National Supply
Network, LLC and its manufacturers and/or suppliers. Customer shall have
no right to copy or use any IP of National Supply Network, LLC or its
manufacturers and/or suppliers without National Supply Network, LLC
permission.
3. Independent Contractors.
National Supply Network, LLC and Customer are independent contractors
and not principal and agent. Nothing contained in these terms and
conditions shall be construed to create a partnership, dealership,
reseller, agency, employment or joint venture relationship. Customer
does not have the right to bind or otherwise obligate National Supply
Network, LLC in any manner, nor may Customer represent to anyone that it
has the right to do so.
4. Sourced & Non-Stocked Product.
National Supply Network, LLC may procure product not available through our catalogs or available on nationalsupplynetwork.com
for a Customer from other sources (“Sourced & Non-Stocked
Product(s)”). Sourced & Non-Stocked Product is priced according to
current market conditions on a per order basis, and is shipped F.O.B.
origin with freight and handling fee paid by National Supply Network,
LLC and charged to Customer. Sourced items are considered Non-Stock
Products and may not be returned or cancelled once order acceptance is
approved. without a return goods authorization issued by National Supply
Network, LLC, and no cancellations, refunds or credits are allowed
without National Supply Network, LLC prior approval. National Supply
Network, LLC at its sole discretion, may withhold the issuance of such
authorization. A restocking fee may apply for any returned Sourced
Product. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR
SUPPLIER OF THE SOURCED PRODUCT WILL BE CUSTOMER'S SOLE REMEDY.
5. Custom Product.
National Supply Network, LLC may offer products manufactured or
assembled to Customers specifications (“Custom Product(s)”). National
Supply Network, LLC is not responsible for verifying or confirming the
accuracy of specifications provided by Customer to National Supply
Network, LLC for Custom Products. THE PRODUCT WARRANTY PROVIDED BY THE
MANUFACTURER AND/OR SUPPLIER OF THE CUSTOM PRODUCT WILL BE CUSTOMER'S
SOLE REMEDY, AND ALL OTHER WARRANTIES ARE DISCLAIMED UNDER SECTION I.C.3
ABOVE. All Custom Products are sold on a “FINAL SALE” basis only, and
no cancellations, returns, refunds or credits are allowed.
6. Cancellation.
All product order cancellations, if not prohibited above, must be
approved by National Supply Network, LLC and may be denied or subject to
restocking fees and other charges.
7. Product Return.
National
Supply Network, LLC policy under C. Product returns and warranty
policy. Returned product must be in original packaging, unused,
undamaged, and in saleable condition. Proof of purchase is required in
all cases. Product returns may be denied or made subject to restocking
fees and other charges by National Supply Network, LLC. National Supply
Network, LLC reserves the exclusive right, in its sole discretion, to
deem a product returnable or non-returnable!
8. Force Majeure.
National Supply Network, LLC shall not be liable for any delay in, or
impairment of, performance resulting in whole or in part from any force
majeure event, including but not limited to acts of God, labor
disruptions, acts of war, acts of terrorism (whether actual or
threatened), governmental decrees or controls, insurrections, epidemics,
quarantines, shortages, communication or power failures, fires,
accidents, explosions, inability to procure or ship product or obtain
permits and licenses, inability to procure supplies or raw materials,
severe weather conditions, catastrophic events, or any other
circumstance or cause beyond the reasonable control of National Supply
Network, LLC in the conduct of its business.
9. Assignment.
Customer shall not assign any order, or any interest therein, without
the prior written consent of National Supply Network, LLC. Any actual or
attempted assignment without National Supply Network, LLC prior written
consent shall entitle National Supply Network, LLC to cancel such order
upon notice to Customer.
10. No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties
hereto, and confer no rights, benefits or claims upon any person or
entity not a party hereto.
11. Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist
upon compliance with any term or condition will not constitute a waiver
of that right or excuse any subsequent non-performance of any such term
or condition by the other party. All transactions shall be governed by
the laws of the State of Kentucky, excluding its conflict of law rules,
and to the extent allowed under these terms and conditions, both
National Supply Network, LLC and Customer agree that venue shall be
proper either in the state courts in Jefferson County, Kentucky or the
federal courts for the Western District of Kentucky.
12. Severability.
If any portion of these terms and conditions is found to be invalid or
unenforceable, the invalid or unenforceable term shall be severed from
these terms and conditions, and the remaining terms and conditions shall
be valid and fully enforceable as written.
13. Modification of Terms.
National Supply Network, LLC acceptance of any order is subject to
Customer’s assent to all of the terms and conditions set forth herein.
Customer's assent to these terms and conditions shall be presumed from
Customer's receipt of National Supply Network, LLC or website store
order acknowledgment, or from Customer’s acceptance of all or any part
of the products ordered. No additions or modifications of National
Supply Network, LLC terms and conditions by Customer shall be binding
upon National Supply Network, LLC , unless agreed to in writing by an
authorized representative of National Supply Network, LLC. If a purchase
order or other correspondence submitted by Customer contains terms or
conditions contrary or in addition to the terms and conditions contained
herein or in National Supply Network, LLC acknowledgment, National
Supply Network, LLC fulfillment of any such purchase order shall not be
construed as assent to any of the terms and conditions proposed by
Customer, and will not constitute a waiver by National Supply Network,
LLC of any of the terms and conditions contained herein or in National
Supply Network, LLC acknowledgment. National Supply Network, LLC
reserves the right to accept or reject any order.
14. Complete Agreement.
The terms and conditions in: (i) National Supply Network, LLC forms;
(ii) acknowledgments; (iii) quotations; (iv) invoices; (v) web sites;
(vi) catalogs; and (vii) extension of credit are incorporated herein by
reference and constitute the entire and exclusive agreement between
Customer and National Supply Network, LLC.
15. Authorization.
Customers represent that any person accepting these Terms of Sale on
behalf of the Customer is authorized to do so and that all employees and
representatives of the Customer who access National SupplyNetwork, LLC
or any other National Supply Network, LLC website or application on
behalf of the Customer or otherwise purchase products from National
Supply Network, LLC on behalf of Customer have the legal right, and are
duly authorized, to make such purchases and further authorized to enter
into agreements relating to the purchase of products or services or to
obtain pricing or discounts from National Supply Network, LLC on behalf
of Customer. Customers hereby agree to indemnify and hold National
Supply Network, LLC harmless against any breach of this representation.
16 Company Names
National
Supply Network, LLC company name refers to all assumed company names
and/or website domain names used to conduct business. The follow names
are subject to the above terms and conditions where the words “National
Supply Network, LLC” may be replaced with “National Supply Network”,
“Contractor Supply Network”, “Material Supply Network”, Safety Supply
Network”, “Emergency Supply Network” and the preceding names without
spaces including a website extension like .com or .net.
Administrative Related Contact 502-442-0453
We are unable to answer product, status or shipping related questions
via the administrative line. You must use the quote request form for
under site tools for product related questions.
Copyright Last Revision Date 10/20/20.
Governs EmergencySupplyNetwork.com Website