Standard Terms & Conditions
National Supply Network, LLC. TERMS of SALE
5/01/2020 COVID-19 Additional Amendment Supersede's any contradicting information shown below: As of 5/1/2020 all orders are non-returnable, non-refundable and non-cancellable once we have processed the order!
Please read these terms and conditions carefully. They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolutions remedies. They also provide that if National Supply Network, LLC. is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action suit or representative proceeding. The customer will not withhold payments due or cause credit charge backs as per these expressly agreed standard terms and conditions and of the exclusive use of arbitration. National Supply Network, LLC. reserves the right to revise these Terms and Conditions at any time.
Except in those instances where National Supply Network, LLC. and the Customer enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” includes business, individuals, organizations or government entity customers, the term Business Customer includes, but is not limited to, government, institutional, and educational customers.
All products sold and services rendered pursuant hereto shall be governed solely by the terms of this document, and such terms and conditions shall apply regardless of any additional or conflicting terms or conditions on any purchase and/or other form issued by Customer. None of the terms herein may be modified, waived or superseded except with the written consent of Seller's authorized representative. Neither Seller's acknowledgment of purchase shall be deemed an acceptance of such terms and conditions or waiver of the provisions hereof.
A. SALES POLICY FOR PRODUCTS
1. Wholesale Only.
National Supply Network, LLC. sells its complete offering wholesale to Customers.
A. “Web Prices” displayed on NationalSupplyNetwork.com or any other company website. 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 nationalsupplynetwork.com, by phone, on 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) 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. 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
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 fee, (which includes internal handling and related 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. 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 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 cost differences. Customer is responsible to providing shipping information other than business dock to dock. Customer 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 information so to provide an accurate shipping cost estimate.
The customer acknowledges and agrees under these standard terms that all freight costs or other related freight service fees are the sole-responsibility of the customer. Fuel surcharges may also be applied.
If the product is damaged in transit. National Supply Network, LLC. not responsible as we do not insure shipment. The customer is solely responsible for shipping insurance. The customer's only recourse to a damaged shipment is to file a damaged in transit claim. Most carriers provide a maximum $100.00 claim without purchasing additional insurance value. We recommend purchasing additional carrier insurance. The customer is responsible for insuring all parcel and/or freight shipments. Contact us prior to or immediately following order placement if you would like to add insurance beyond a $100.00 claim. Any additional insurance coverage customer determines to purchase will be added to your order any monies due. Once the order status changes from received to approved and processed we can no longer add shipping insurance.
Title and risk of loss passes to Customer upon tender of shipment to the carrier.
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.
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.
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.
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.
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.
Copyright Last Revision Date 10/10/19.