Limitations of Liability
In no event shall Nexel Industries Inc. ("Nexel Industries") or any of its affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event of any issue with a product that you have purchased through Nexel Industries, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with Nexel Industries’s return policy.
Prices; Typographical Errors
Prices are subject to change without notice. Nexel Industries is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Nexel Industries Industrial shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Nexel Industries Industrial shall have 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 canceled, Nexel Industries Industrial shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Nexel Industries Industrial reserves the right at any time after receipt of your order to accept or decline your order for any reason. Nexel Industries Industrial reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. ALL ORDERS ARE SUBJECT TO THESE TERMS AND CONDITIONS OF SALE. YOU ACKNOWLEDGE AND AGREE THAT ACCEPTANCE OF YOUR ORDER IS CONDITIONED UPON YOUR ASSENT TO THESE TERMS AND CONDITIONS OF SALE AND ANY INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE.
All orders must be approved by the Credit Department of Nexel Industries. Placement or acceptance of an order does not constitute the opening of an account on credit terms. Accounts placed on credit hold will not be authorized to receive product until their account is current and in good standing. Nexel Industries reserves the right to require payment for any shipment hereunder in advance or, in the alternative, satisfactory security for such order if the financial performance or credit worthiness of Customer is unsatisfactory to Nexel Industries. Such security includes, but is not limited to, execution by Customer of a Corporate Guaranty. If Customer fails to make payment in accordance with these terms and conditions of sale or otherwise fails to comply with any provision hereof, Nexel Industries may, at its option (and in addition to any other remedies available to Nexel Industries at law or in equity), cancel any unshipped portion of Customer’s order. Notwithstanding the above, Customer shall remain liable for all of its unpaid accounts. Customer shall not transfer or assign the account(s) relationship(s) created by the extension of credit by Nexel Industries to any third party without the prior written consent of Nexel Industries.
Sales and Use Tax
Customers purchasing from Nexel Industries and shipping to Oklahoma, Vermont, Colorado, or Kentucky may have additional tax requirements. Click here to see important sales and use tax information regarding the tax you may owe directly to the state of your residence if you are located in Oklahoma, Vermont, Colorado, or Kentucky.
The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. Nexel Industries makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers’ warranties for exported products may vary or may be null and void for products exported or transported outside the United States.
Terms of payment are within Nexel Industries’ sole discretion, and unless otherwise agreed to by Nexel Industries, payment must be received by Nexel Industries prior to Nexel Industries’ acceptance of an order. Payment for the products will be made by credit card, wire transfer, or ACH unless credit terms have been agreed to by Nexel Industries. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Nexel Industries may invoice parts of an order separately. Orders are not binding upon Nexel Industries until accepted by Nexel Industries. Any quotations given by Nexel Industries will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Nexel Industries does not sell products intended to be used as Aircraft Products. Nexel Industries shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to use of the products we sell as Aircraft Products. “Aircraft Products” means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labor related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from Nexel Industries as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from Nexel Industries which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.
Separate charges for shipping and handling will be shown on Nexel Industries’ invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Nexel Industries’ invoice. Nexel Industries will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures or acts of God.
Title/Risk of Loss
Title to products and risk of loss passes from Nexel Industries to you upon delivery to the carrier.
Components; Custom Built Orders
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards. Once you place an order for custom-cut, customer built or special order items your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.
Important Notice to Federal Customers
Any federal customer purchasing a product from Nexel Industries will be making an “open market” purchase. Federal customers are advised that the open market purchases are NOT GSA schedule purchases. By purchasing any product on the open market, the federal customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.
Important Country of Origin Information
For certain items sold by Nexel Industries on nexelwire.com, the displayed country of origin information may not be accurate or consistent with manufacturer information. For updated, accurate country of origin data, it is recommended that you rely on product packaging or manufacturer information.
Safety Data Sheet (SDS)
The Hazard Communication Standard (29 CFR 1910.1200(g)) requires that the chemical manufacturer, distributor, or importer provide an Safety Data Sheet (“SDS”) for each hazardous chemical to downstream users to communicate information on these hazards. Employers shall have an SDS in the workplace for each hazardous chemical which they use. Each SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Since each SDS is supplied by the chemical manufacturer/importer, Nexel Industries expressly relies on the evaluation of the chemical manufacturer/importer contained therein. NEXEL INDUSTRIES MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. Send SDS requests to: Nexel Industries Inc., 11 Harbor Park Dr, Port Washington, NY 11050, Attn. Legal Department, or call 800-245-6682.
California Proposition 65
The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. Proposition 65 requires that products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. We rely on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer. For information on whether a specific product you are considering purchasing from Nexel Industries contains a Proposition 65 warning label, please email firstname.lastname@example.org.
You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
These terms and conditions of sale may be amended at any time by Nexel Industries. The laws of the State of New York shall govern these terms and conditions of sale.
TERMS AND CONDITIONS OF USE
Materials appearing on nexelwire.com (the "Site") are copyrighted by Nexel Industries unless otherwise noted, and may not be used without the written permission of the copyright owner.
The Site is presented for private, noncommercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of Nexel Industries.
Trademarks appearing at the Site may be owned and/or registered by parties other than Nexel Industries, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of Nexel Industries or other parties.
Nexel Industries will enforce its intellectual property rights to the full extent of the law.
Nexel Industries serves customers in the United States, United States territories, F.P.O.s, and A.P.O.s. All product prices, specifications and availability are subject to change without notice. Prices do not include shipping or applicable sales tax.
Nexel Industries uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. Because of continuing improvements, actual products may differ slightly from photo. Photograph images may have been retouched. Nexel Industries will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user's use of, or reliance upon, material presented at the Site. Nexel Industries will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. Nexel Industries is not responsible for the contents of any off-site pages or any other sites linked to the Site. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
All communications received by Nexel Industries via electronic mail or otherwise, including letters, questions and comments, may be posted at the Site or otherwise published by Nexel Industries. Such communications may be edited for length and clarity.
Certain links on the Site will allow you to leave the Site. These linked sites are not produced by Nexel Industries and Nexel Industries is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by Nexel Industries as a service to its customers, and the links do not necessarily imply endorsement by Nexel Industries.
These terms and conditions of use may be amended at any time by Nexel Industries. The laws of the State of New York shall govern these terms and conditions of use.