LP1598

TERMS OF SALE & CONDITIONS OF USE

IMPORTANT: Please read the following and the Privacy Statement before accessing and using this website.

Thank you for visiting www.NationwideIndustrialSupply.com. We hope that you will find this website helpful and informative.

The following are the Nationwide Industrial Supply, LLC (“NIS”) terms and conditions ("Terms") that apply to and govern your use of this website ("Site") and the NIS Terms of Sale. These Terms also incorporate the NIS Privacy Statement. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

All quotations by Seller and orders made by Buyer for products are subject to these Terms and Conditions of Sale set forth herein. These Terms and Conditions of Sale supersede any other terms and conditions in any purchase order and other purported agreements or communications in any form from Buyer. Seller’s agreement to any additional or modified or substituted terms and conditions or agreements must be made affirmatively and in writing in a form other than as an acknowledgement of a purchase order to be effective. Seller’s acceptance of a purchase order by written acknowledgement or otherwise (even where such form of written acknowledgement purports to create or modify an agreement between Seller and Buyer) and/or Seller’s failure to object to any additional or conflicting terms and conditions contained in Buyer’s purchase order or other documents created by Buyer shall not be an acceptance of such additional or conflicting terms and conditions nor a waiver or modification of the provisions of this Agreement.

Exclusive Terms: Please note: these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with any NIS entity for any given product or service. The latter agreement will continue to govern that specific legal relationship with NIS.

Changes to Site: In order to improve its service to you, NIS reserves the right to make changes in the access, operation, and content of this Site at any time without notice. NIS also reserve the right to make changes in the Terms and the Privacy Statement, so please check before each use for changes.

Typographical & Picture Errors: All data, including descriptions, specificaitons and pictures are best available at time item is added to the Site and may not accurately reflect final product.  Pictures may also contain optional accessories.  NIS uses care and caution when adding items to the Site, taking information from NIS’ manufacturers and suppliers and presenting to you as accurately as NIS can. Errors and omissions can occur from time to time.  NOTE: BEFORE PLACING ORDERS - If you see any discrepancies, potentially incorrect information or have any other questions about products NIS has for sale, please contact customer service to confirm via email at sales@nisproducts.com or call 1-800-757-1064.  

Prices and availability are subject to change without prior notification: If order total or product availability differs from the web site you will be contacted to confirm your acceptance or cancelation of the quote or order. NIS reserves the right to contact customers to adjust pricing or cancel orders for errors NIS may make in entering information on the Site or if NIS’ suppliers have provided incorrect pricing or other information to NIS about products.   It is NIS’ goal to provide you the best information about NIS’ products on this site and NIS wants to correct any incorrect information as quickly as practical.  In the event that an NIS product is mistakenly listed at an incorrect price, or with an incorrect image or incorrect description and specifications, NIS reserves the right to refuse or cancel any such orders or any such quotes placed for products listed at the incorrect price or with an incorrect image or incorrect description and specifications. NIS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NIS shall issue a credit to your credit card account in the amount of the incorrect price.

Product Suitability: Product information is provided for informational purposes only. It is the Buyer’s responsibility (and their affiliates who use/apply NIS products) to select the proper products and to test those products at a level that is commensurate with the nature of the application. NIS does not employ designers or engineers, nor do we make product suggestions for any applications. Therefore, NIS is unable to recommend any product for any particular or general application. In fact, NIS is not involved in any way with the application.

Exclusion of Warranties/No Warranties Disclaimer: Buyer acknowledges that Seller is not the manufacturer of the products or goods sold. The implied warranties of merchantability and fitness for a particular purpose and all other warranties, express and implied, are excluded from this transaction and shall not apply to the goods sold. In no event shall Seller be liable to Buyer for indirect, special or consequential damages or for loss of anticipated profits on any claim of any kind resulting from any order hereunder.

Product Manufacturer’s Warranty: For information on a specific manufacturer's warranty, please call Customer Service at 1-800-757-1064, or send an email to sales@nisproducts.com.

Payment Terms:  NIS, at its sole discretion with a signed credit application and upon credit approval offers customers credit account terms of net 30 after shipment.  NIS reserves the right to cancel these terms and charge interest on any late payments at the lesser of 1.5% per month or the highest rate permitted by law. NIS accepts Visa, MasterCard, Discovery, American Express, checks and wire transfers for new sales orders and outstanding balances. Certain orders may require complete or partial advance payment for materials and production.

Cancellations: All order cancellations must be approved by NIS. Cancellations for material handling, shelving, rack, cabinets, and made-to-order items are subject to a cancellation fee of up to 10%. 

NOTE: Shipments that have been inspected and packaged are considered "shipped". Cancellations for shipped items are subject to an up to 25% restocking fees and cancellation and return fees by the carrier. 

Custom, non-standard, large quantity orders, and some made-to-order products are non-cancelable and non-returnable. NIS, at its sole discretion, reserves the right to change its payment terms on all orders.

Sales Tax: With certain exceptions, other than New Jersey, NIS is not required to collect state sales tax. Sales tax may be required if items are shipping from and delivering within the same state. Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. Laws regarding the collection of sales tax vary by location and undergo frequent change in content as well as interpretation by governmental agencies.  NIS will always make every effort to fully comply with the law and governmental regulations.  If sales tax is required, you will be contacted to either pay the tax or provide your tax exemption certificate.

TITLE AND RISK OF LOSS

Shipping: NIS offers three standard modes of shipping and are defined as follows:

1. Best-way F.O.B. Origin Freight Pre-Paid and Charged to Buyer on Order/Invoice: All items purchased from NIS are made pursuant to a shipment contract. This means that the risk of damage, loss and title for such items pass to buyer upon Manufacturer/Distributor’s delivery of items to the freight carrier, i.e., loaded on the truck for delivery. Buyer bears freight charges, buyer owns goods in transit & buyer files claims (if any) directly with the freight carrier.

Shipping Location and delivery-requirements information: Customer is responsible for the provision and accuracy of shipping-destination requirements information including: Zip Code, Location Type, Loading Dock/ Forklift Availability, Call Notification Requirements and Availability to receive delivery.  If, at the time of delivery, shipping delivery requirements and information has changed, customer is responsible for any and all additional delivery charges assessed based on those changes.

Note: Freight carriers reserve the right to assess additional fees to the customer in the event of inaccurate shipping location and delivery requirements information.

For example, if a customer indicated that he/she has a loading dock or forklift at the destination to receive delivery, but at the time of delivery he/she does not, then customer will be subject to additional re-delivery and lift gate fees.  If a customer is not available when a delivery is made, but the customer did not indicate needing the Appointment Call requirement, then the customer will be subject to additional re-delivery fees.  

In the event that a shipment was unable to be delivered due to customer inaccuracy regarding shipping location and delivery-requirements information, and the issue is not resolved in a timely manner, the customer, in addition to re-delivery fees, may also be subject to additional storage fees assessed by the freight carrier.

Freight class and weight changes can effect actual shipping price at time of shipment: All Best-way FOB quotes, are "quotes" and may not reflect actual shipping cost at time of shipment, and, therefore, are subject to change. Freight classes and weights are provided by product manufacturers and distributors and based on the National Motor Freight Classifications. NIS uses tremendous care and caution when adding product shipping information to the Site. NIS uses information directly from NIS’ manufacturers and suppliers and presents it to the customer as accurately as NIS is able. However, errors and omissions can and do occur from time to time.  If an error or change is identified, NIS reserves the right to change the Best-way shipping price and the customer will be notified prior to shipping the products.

Freight classes are determined by the National Motor Freight Traffic Association and are applied to commodities by freight carriers, who reserve the right to reclassify commodities based on their characteristics on a per-shipmment basis. This means that the actual cost of shipping can vary from Best-way Shipping quotes. According to the NMFTA "Commodities are grouped into one of 18 classes—from a low of class 50 to a high of class 500—based on an evaluation of four transportation characteristics: density, handling, stowability and liability." The NMFTA continuously reviews the transportability of freight classes and has and will re-class commodities according to thier characteristics. Shipping class re-classifications has and will directly effect Best-way shipping quotes. 

2. F.O.B. Origin Freight Collect: Buyer pays freight, Buyer bears freight charges, buyer owns goods in transit. Risk of damage, loss and title for such items pass to buyer upon Manufacturer/Distributor’s delivery of items to the freight carrier, i.e., loaded for delivery & buyer files claims (if any) directly with the carrier. Note: Items may ship from different locations; Buyer responsible for additional freight charges.

3. F.O.B Origin - Free Shipping:  Free shipping order may not be cancelled. Our distribution centers are immediately notified of the order and the items are picked and packed for shipment. For qualified items, free shipping is offered for "Dock-to-Dock" commercial locations with a loading dock or fork lift, within the contiguous 48 United States only and does NOT include Residential, Lift Gate Service, Military Base, Limited Access, Inside Delivery, or any other required services.  Locations that require additional services are subject to extra charges. Buyer owns goods in transit. Risk of damage, loss and title for such items pass to buyer upon Manufacturer/Distributor’s delivery of items to the freight carrier, i.e., loaded for delivery & buyer files claims (if any) directly with the carrier.  

Buyer’s Responsibility: All items are inspected prior to delivery. NIS' responsibility for title, loss and damage ceases when the products are accepted for shipment by the carrier. Ownership of items, risk of damages and/or loss of items belong to Buyer once items have been inspected and accepted for delivery by the freight/parcel carrier. It is the Buyer’s responsibility to inspect all items (inside and outside of packaging) prior to agreeing to receive items and prior to signing delivery receipt.

Damaged Shipments, Risk of Loss: Freight/Parcel Carriers will not accept claims if damage is not noted at the time of delivery on the delivery receipt. If damage has occurred, Buyer must note the extent of the damage on the delivery receipt and call the delivery company immediately. Contact NIS immediately after you have contacted the carrier.

To protect Buyer interests, it is strongly suggested that you thoroughly check all items before accepting delivery.  

Click here for Buyer Tips In the Event of Loss or Damage During Freight

Returns: NIS strives to make doing business as easy as possible. Please call 800-757-1064 for a Return Goods Authorization (RGA) number. NOTE: returns will not be accepted unless accompanied by this number and must be written on the return shipping label.

Returned goods will not be accepted without permission from NIS.  A standard 15% (and up to 25%) restocking and handling charge shall be made on all approved returns. NOTE: Some manufacturers charge up to a 25% restocking and handling charge as well as a reconditioning charge if required, as determined by the manufacturer. Custom made products, made-to-order products and large quantity orders are non-returnable, non-cancelable and non-refundable.

Claims for wrong-item discrepancies in shipment must be made within 7 days of receipt of merchandise or they will not be accepted. Altered or etched items will not be accepted.

Returns NOTE: direct-ship, non-stock, made-to-order and discontinued-item, and large quantity returns: Many manufacturers will not accept direct-ship, non-stock, made-to-order, large quantity and discontinued-item returns. Such purchases, where Nationwide Industrial Supply is able to procure these items directly from the manufacturer, are subject to the manufacturer’s return policy and are non-cancelable and non-refundable. 

Registration Process, Authorized Access and Registered Users: Portions of this Site are exclusively reserved for the use of persons who have completed the registration process and who have been granted authorization for access. No other persons other than authorized users may access secured portions of this Site. Passwords and registration are non-transferable. You are solely responsible and liable to maintain the security and confidentiality of this password and accordingly, are liable for all activities on this Site that may arise from use of this password, even if such unauthorized users have not been specifically authorized by you or who have fraudulently or in error obtained this password. NIS cannot verify that any user accessing this site with a password is the individual authorized to do so, and therefore, through accessing this Site and providing a password, NIS is solely relying on your representation of authenticity. Should you become aware that your name, account, registration, or password is being used or attempted to be used on this site or otherwise by an unauthorized person, or in the event of any other possible misuse or fraud, it is your responsibility to inform NIS immediately by calling 800-757-1064 so it may take appropriate action. NIS reserves the right in its sole judgment and discretion to terminate any user's access to and use of secured portions of the Site at any time, and without notice, for any reason, including but not limited to any possible or alleged misuse, fraud, or misconduct by any person accessing or using the Site under your user name and password.

Copyright Notice: You acknowledge that, unless otherwise specifically designated, NIS is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including but not limited to the NIS name, logos, trademark, graphics, photos, images, audio, video, messages, files and content, are owned or have been duly licensed by NIS, WITH ALL RIGHTS RESERVED. The Site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of ever internal copy, NIS is acknowledged as the source with a copyright symbol. You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected NIS or other logo, graphic, photo or image, without the prior written permission of NIS, is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with NIS, any ideas, material, or content submitted by any user on or through this Site (including by e-mail) is, to the extent you own the intellectual property rights, the sole property of NIS, and NIS has no obligation of confidentiality nor is it responsible for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with the NIS Privacy Statement. NIS makes no guarantee, representation or warranty that the content of this Site or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Site content outside the United States is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.

Hydrogen Embrittlement (NIS Fasteners): NIS requires its platers and suppliers of plated fasteners to bake case hardened parts to appropriate industry specifications. However, this process does not guarantee that hydrogen embrittlement will not still be present after baking or that it will not occur at a later date while in service. Specialized testing or a substitute part may be required, depending on the application.

User Conduct: For the convenience of NIS users, some areas on this Site may allow for interactive communication, some of which may be conducted in "real time". You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional. NIS has no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Site, however NIS may at its discretion from time to time monitor use of the Site, and NIS reserve the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user's access to the Site, deny future access, or take any other action NIS deems appropriate under the circumstances. Please report any such violations to NIS at webmaster@nisproducts.com. NIS will handle any personally identifiable data or information posted by you in accordance with the NIS Privacy Statement, however, any third party liability or usage which may arise from your posting will be solely at your own risk. Information obtained through monitoring this Site may also be used for duly authorized law enforcement investigations. NIS also reserves the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. NIS will have no liability for any content posted by users on any Site (including Secured Sites).

Compliance with all Laws:  You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Site may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including Iran, Libya, Iraq, Cuba, the Sudan, and members of some Angolan and Serbian groups), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Site, including any Secured Site, your access of the Site, including the presentment of any authorized user ID and password, constitutes your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, and (3) that, if an Authorized User, you have not disclosed or provided such password and user ID to any such person for use under your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD NIS HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.

No Warranties Provided: The information on this Site is provided for general information purposes only. While NIS strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to our attention at webmaster@nisproducts.com. Since such mistakes may occur NIS MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO NIS. NIS IS PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Site Security: So that this Site remains to the extent possible open and available to all users, NIS has mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though NIS strives to keep these mechanisms up to date, due to the technical uncertainties, NIS is unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

Outside Links: For your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving the NIS Site. Therefore, NIS has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. NIS expressly disclaims all liability arising from your access of and for the content contained within or through any such third party website.

Access Outside United States: If you are accessing this Site from outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.

Privacy: The use of your personal information given to NIS during your visit to the NIS Site is governed by the NIS Privacy Statement, which is posted on this Site and incorporated into these terms


LIMITATION OF LIABILITY AND INDEMNIFICATION: NIS CONDUCTS AND PROCESSES ALL TRANSACTIONS VIA THIS WEBSITE. YOU AGREE THAT NIS AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS & USE OF THIS SITE, AND ANY PURCHASE MADE WITH NATIONWIDE INDUSTRIAL SUPPLY, LLC.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NIS AND ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR PURCHASE WITH NIS AND YOUR ACCESS AND USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.

SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR PURCHASE WITH NIS AND YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.

Applicable Law and Dispute Resolution: You agree that these Terms will be interpreted under the laws of the State of New Jersey, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of the Site shall be first submitted in writing to NIS within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to NIS which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST NIS BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Voorhees, New Jersey, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.


Thank you for visiting www.NationwideIndustrialSupply.com. If you have any questions, comments, or suggestions concerning this Site, we would like to hear from you. Please contact webmaster@nisproducts.com.

Last Updated: 3/30/2012