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Terms
and Conditions of Sale
NPAPER.com
SAFE SHOPPING
Safe
Shopping Guarantee
Ordering
Online with NPAPER.com is the safest and fastest method and we guarantee
it. This means you pay $0.00 if unauthorized transactions are made
to your credit card as a result of shopping with us.
Under
the Federal Fair Credit Billing Act, your bank can not hold you
liable for more than $50.00 of fraudulent charges. If your bank
does not hold you liable for any of this $50.00, NPAPER.com will
pay the entire liability for you, up to the full $50.00. NPAPER.com
will only cover this liability if the authorized use of your credit
card resulted through no fault of your own from purchases made at
NPAPER.com while using our secure online order system.
Why
is NPAPER.com Safe?
When
you shop with us, you will be one of thousands of customers that
have shopped safely with us with no credit card fraud.
It
is safe to shop at NPAPER.com and any web-catalog that utilizes
SSL (Secure Socket Layer) technology. SSL is the state-of-the-art
software today for secure commerce transactions. It encrypts information
including credit card number, name, and address, so that is cannot
be read as the information travels over the Internet.
How
will I know NPAPER.com uses this technology?
You'll
know your transaction is secure when:
- A "complete
key" icon appears in the lower left hand corner of your Netscape
browser window. OR
- A "lock"
icon appears in the lower right hand corner of your Internet Explorer
browser window. AND/OR
- The prefix "http:"
is replaced with "https:" in the URL address window.
Understand
the facts. You'll be glad you did.
| New
Account Setup & Credit Application |
|
Completion and
return of National’s New Account Setup & Credit
Application form and, if applicable, National's General
Sales Tax Exemption Certificate are required prior to Customer’s
purchase or shipping of any goods or services regardless of method
of payment. These forms are conveniently available for easy completion
and return at www.npaper.com. Identification and specific
information are required from all customers at time the request to
open an account. Customer’s requesting credit expressly authorizes
the release of any information to National which is required to complete
the processing of Customer’s New Account Setup & Credit
Application, including, but not limited to (1) bank name and
phone number; (2) checking account verification; (3) loan status and
payment history verification; and (4) any other necessary financial
verification. Customer’s requesting credit are also required
to complete and submit an Authorization to Disclose whereby Customer
authorizes National to obtain Customer’s credit report. Furthermore,
Customer’s requesting credit warrant they have not been denied
a credit request from any other entity within the previous twelve
(12) months. Commercial,
institutional, industrial Customers are welcome to place orders
from National. Non-commercial entities or individuals may place
over-the-counter orders of a minimum of $150 directly from any National
branch location.
Possession
of our catalog or accessing www.npaper.com does
not constitute the right to purchase from National Paper & Sanitary
Supply, Co. (hereinafter “National”).
All prices are
customers’ net costs in United States Currency. Prices for orders
scheduled on posted delivery date and within delivery area will be
not incur a delivery charge but will include applicable federal, state
or local taxes. All other prices do not include freight, handling,
applicable federal, state or local taxes, or duties. Market sensitive
commodity items will be priced according to current market conditions.
Prices, Terms, and Conditions of Sale herein are subject to change
without notice. National reserves the right to refuse any order.
Prices cannot
be guaranteed and are subject to change without notice, unless National’s
Senior Vice President provides a written price guarantee for specific
product(s) for a specific period of time. All prices are subject to
change upon a manufacturer’s price increase. Oral quotations
prevail for the day quoted. Written quotations will be honored until
the stated expiration date but no longer than thirty (30) days from
the day quoted, whichever is less. A price quotation, also meeting
the requirements setforth herein, is valid if presented by a National
Account Manager, Customer Care Representative or senior sales staff.
National is required
to charge applicable state and local tax on every item for which sales
tax exemption has not been provided. At time of Customer’s account
setup and/or prior to ordering, Customer is required: (1) complete
and return National’s General Sales Tax Exemption
Certificate; and (2) clearly indicate which item(s) are tax exempt.
Customer agrees to accept all claims and liabilities for not complying
with applicable General Sales Tax Exemption from any taxing authority.
Credit:
National’s normal terms will all customer accounts with established
credit is payment in full net twenty-one (21) days after delivery
date. Service charges of 1.5% per month shall accrue on goods delivered
by National to customer, from the date each delivery is made, in the
event the customer’s account is not paid to the company according
to the terms of payment specified herein. In the event that the customer
account is placed with a collection agency or attorney for collection,
the customer agrees to pay for all cost of collection, including reasonable
attorney’s fees, whether or not a lawsuit is commenced. In the
event an action is commenced, customer agrees to submit to the jurisdiction
of the courts of Douglas County in the State of Nebraska. Purchase
Card, Credit Card and Cash Payment: If credit is not established,
please include payment with order or purchase through a valid corporate
purchase, credit card (includes Visa and Mastercard) or cash. National
does not accept COD.
All
payments must be in United States Currency. National shall have
the right to set-off and deduct for any sums owed and/or past due.
If customer fails to make payment within National’s payment
terms, National may defer shipments until such payment is made,
or may, at its option, cancel all or any part of unshipped order.
Customer agrees
that unused credit balances issued by National must be requested by
customer and applied within one (1) year of its issuance. IF NOT APPLIED
OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT
TO CANCELLATION, AND NATIONAL SHALL HAVE NO LIABILITY.
| Hassle-Free
Return Policy |
|
National and our
manufacturers stand behind our products. If any product (excluding
special order and discontinued items) a Customer purchases from National
does not perform according to your 100% satisfaction within a full
thirty (30) days after purchase, and all labeled-use directions are
followed, we will gladly repair any defective product or accept return
of the unused and resalable product. We will issue a credit of the
purchase price on date of purchase towards a replacement product of
your choice. National will not accept any returns after thirty (30)
days from date of purchase. NOTE:
THE FOLLOWING ITEMS MAY NOT BE RETURNED: SPECIAL ORDER ITEMS; DISCONTINUED
ITEMS; CUSTOM AND SPECIAL PRINT ITEMS; AND ITEMS NOT PURCHASED FROM
NATIONAL. IF REQUESTED BY CUSTOMER WITHIN THIRTY (30) DAYS FROM
DATE OF ORDER AND UPON PRIOR AUTHORIZATION BY NATIONAL'S SENIOR
VICE PRESIDENT, SOME TYPES OF SPECIAL ORDER ITEMS MAY BE RETURNED
FOR CREDIT LESS 20% RESTOCKING FEE AND RETURN DELIVERY UPS CHARGES
THAT MAY APPLY.
Title: Title to Equipment will not pass to
Customer until National has been paid for such Equipment in full.
Delivery: Unless otherwise specified in writing, all transportation
costs for non-stocked Equipment delivered to the Customer shall
be paid by the Customer. Customer shall bear the risk of any loss,
deterioration, or damage from the time the Equipment leaves the
premises of National (if the Equipment is to be delivered by the
National to the Customer) or from the time the manufacturer delivers
the Equipment to a common or contract carrier (if the Equipment
is delivered by the manufacturer to the Customer). All deliveries
are subject to, and contingent upon, strikes, labor difficulties,
riot, civil unrest, war, fire, delay or defaults of common carriers,
failure or curtailment in National’s usual sources of supply,
governmental decrees or orders, or, without limiting the foregoing,
any other delays beyond National’s reasonable control, and
National shall not be liable for any loss or damage arising therefrom.
National shall have the additional right, in the event of the happening
of any of the above contingencies, at its option, to terminate the
sale contemplated by this invoice or any part thereof without any
resulting liability.
Installments:
If the Equipment is to be delivered in installments, each delivery
shall be treated as if it were a separate contract, and the Customer
shall be required to pay for the Equipment delivered within thirty
(30) days of its receipt, unless the invoice specifies otherwise.
All other payment terms (stated above) continue to apply in the
case of installment deliveries. If either party does not comply
with the terms of this invoice in delivering or paying for any particular
installment, that party shall be liable to the other only for damages
pertaining to that installment, and shall not be deemed to be in
breach of the entire agreement between the parties.
All refused orders
of non-defective or damaged goods may be subject to a handling charge
of $25 plus shipping charges and fees. National must be notified within
seven (7) days after receipt of all damaged goods. Notification
to return damaged goods that is received after seven (7) days can
not be accepted for return.
| Special
Order and Custom Printed Products |
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Customers requesting
and ordering special and/or customer printed items (e.g., printed
napkins, cups, etc.) are subject to manufacturer minimum order levels
and applicable freight charges. Furthermore, Customers agree to purchase
any special order products and/or custom printed product at time of
purchase. Customers requesting National to store and warehouse
product on their behalf must deplete product within thirty (30) days.
Special order and printed products remaining in National’s warehouse
more than thirty (30) days, unless otherwise provided in writing by
National, will be delivered and invoiced to Customer. Concerning returning
Special and Customer Printed Products, refer to National’s Return
Policy.
Orders under a
$150 amount will be subject to a $15 small order fee. Customer agrees
to pay this Fee. Different minimum order amounts and small order Fees
will apply to Network contracts, National contracts, and bids. That
information is available upon request.
On any open account
sale, Customer hereby grants to National a priority lien, purchase
money security interest and/or chattel mortgage in the products and
any account receivable or cash from resale thereof until full payment
is made to National. Customer agrees to file any financing statements
or other appropriate documents with its governmental authorities to
assure the validity, priority, and enforceability of the lien. Customer
agrees to inform National immediately if it intends to use any financing
or has or will be granting a lien or security interest on its inventory
to any third party.
Orders delivered
by National and within
National’s “Delivery Area” (refer to Delivery
Schedule and Area posted at our Site) will be assessed a $6.00
fuel surcharge unless only otherwise waived by National. Customers
placing orders via their online account at www.npaper.com
will incur a $2.00 fuel surcharge for scheduled deliveries within
National’s Delivery Area.Orders delivered by UPS will not incur
a fuel surcharge. Same day, Rush and Emergency deliveries will be
subject to an additional $25 rush/emergency delivery fee in addition
to freight and handling charges. National
ships to a customer’s place of business anywhere in the contiguous
United States using UPS. National will gladly ship with customer's
carrier of choice if stated at time of order. Other terms apply
to Alaska, Hawaii, Puerto Rico, and export orders. Unless otherwise
stated, freight and shipping fees will be charged for shipments
outside National’s Delivery Area. Title and risk of loss pass
to the customer upon tender of shipment to the carrier. If product
is damaged in transit, consignee must file claim with the carrier.
Return
Delivery
Customer agrees to pay
return delivery UPS charges for orders placed incorrectly by customer,
such as ordering wrong item; ordering too much, ect. Return delivery
UPS charges will not be charged for ordering errors caused by National.
ALL PRODUCTS SOLD
ARE WARRANTED BY NATIONAL ONLY TO CUSTOMERS FOR USE IN BUSINESS OR
ORIGINAL EQUIPMENT MANUFACTURE, AGAINST DEFECTS IN WORKMANSHIP OR
MATERIALS UNDER NORMAL USE FOR THIRTY (30) DAYS AFTER DATE OF PURCHASE
FROM NATIONAL, UNLESS OTHERWISE STATED. ANY PRODUCT OR PART WHICH
IS DETERMINED BY NATIONAL TO BE DEFFECTIVE IN MATERIAL OR WORKMANSHIP
AND RETURNED TO A NATIONAL BRANCH OR AUTHORIZED SERVICE LOCATION,
AS DESIGNATED BY NATIONAL, SHIPPING COSTS PREPAID, WILL BE, AS THE
EXCLUSIVE REMEDY, REPAIRED OR REPLACED AT NATIONAL’S OPTION.
NO WARRANTY OR
AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN
THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY NATIONAL.
NATIONAL DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE
DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION,
AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE
PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
ANY LIABILITY
FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED.
NATIONAL’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL
NOT EXCEED THE PURCHASE PRICE PAID.
Environmental
Indemnification |
|
Customer hereby
agrees to indemnify and hold harmless National from and against any
and all liability, cost and expense (including without limitation
attorneys’ fees and disbursements) which National sustains and
incurs as a result of National’s sale the Customer of any Hazardous
Substance which subsequently is used by the Customer or any successor,
transferee or assignee of the Customer in such a manner as to cause
an Adverse Environmental Condition. For purposes of this document,
“Hazardous Substance” means any chemical material or substance
included in the definition of “hazardous substances,”
“hazardous wastes,” “hazardous materials,”
“extremely hazardous waste,” “restricted hazardous
waste,” “toxic substances,” or words of similar
import under any applicable federal, state or local law or under the
regulations or publications promulgated pursuant thereto. An “Adverse
Environmental Condition” means he contamination of soil, air
or water by a Hazardous Substance, the improper storage or burial
of a Hazardous Substance or any other use of a Hazardous Substance
which violates federal, state or local law or the regulations or publications
promulgated thereto.
| OSHA
Hazardous Substances |
|
Material Safety
Data Sheets (MSDS) for OSHA defined hazardous substances are available
at your local National branch, or by contacting National Paper &
Sanitary Supply, Co., Attn: MSDS, 2511 S. 156th Circle, Omaha, NE,
68130, U.S.A. The information and recommendations contained on the
MSDS supplied by the manufacture are considered accurate and reliable.
National, however, makes no warranty with respect to the accuracy
of the information or the suitability of the recommendations. National
disclaims any and all liability to any user.
National will
make a good faith effort for prompt correction or other adjustment
with respect to any product, which proves to be defective within the
warranty period. Before returning any product, write or call the National
branch from which the product was purchased, giving date and number
of original invoice, and describing defect.
National makes
no warranties to those defined as consumers in the Magnuson-Moss Warranty
Federal Trade Commission Improvement Act.
National shall
not be liable for any delay in or impairment of performance resulting
in whole or in part from Acts of God, labor disruptions, shortages,
inability to procure product, suppliers or raw materials, severe weather
conditions, or any other circumstances or cause beyond the control
of National in the conduct of business.
| Order
Cancellation & Notification |
|
Concerning a Customer’s
request to cancel a order, Customer shall notify National within one
(1) business day from the date the order is placed. Notification from
Customer to National to cancel an order after one (1) business date
from the date the order was placed may be subject to: (1) 15% re-stocking
fee based on total sale; and (2) return freight and shipping costs
incurred by National. National will select the carrier to pick-up
cancelled order. This section does not apply to Special and Printed
Products. Concerning canceling Special and Printed Products, refer
to National’s Return Policy herein.
Customer shall
not assign any order or any interest therein without the prior written
consent of National. Any actual or attempted assignment without National’s
prior written consent shall entitle National to cancel such order
upon with or without notice to Customer.
National’s
acceptance of any order is subject to Customer’s consent to
all of the terms and conditions set forth in National’s acknowledgment,
and Customer’s consent to these terms and conditions shall be
presumed from Customer’s receipt of National’s acknowledgment,
or from Customer’s acceptance of all or any part of the goods
or services ordered. No addition or modification of terms and conditions
shall be binding upon National unless agreed to by National in writing.
If a purchase order or other correspondence contains terms and conditions
contrary to the terms and conditions National’s acknowledgment,
National’s acceptance of any order shall not be construed as
consent to any additional terms and conditions, nor will that constitute
a waiver by National of any of the terms and conditions contained
in herein or in National’s acknowledgment.
The terms and
conditions in National’s forms, acknowledgment’s, quotations,
invoices, web sites, and catalog sales terms and conditions are incorporated
herein by reference, and constitute the entire and exclusive agreement
between Customer and National. They are also applicable to electronic
orders and purchases from National’s web site and electronic
catalogs.
| Trademarks
and Copyrights |
|
Customer acknowledges
that it has no right, title or interest in the trademarks or copyrights
in the products or services and covenants that it will take no action
to register or otherwise interfere with such rights of National. Customer
agrees that it will not copy the products or services sold to Customer
or their packaging or trade dress.
If any provision
of these Terms and Conditions of Sale shall be deemed illegal or unenforceable,
such illegality or unenforceability shall not affect the validity
and enforceability of any other legal provisions hereof which together
shall then be construed as if such illegal and unenforceable provision
or provisions had not been inserted herein, unless such illegality
or unenforceability shall destroy the underlying business purpose
of these Terms and Conditions.
| Waiver,
Choice of Law and Venue |
|
The failure of
any party to assert a right hereunder or insist upon compliance with
any term or condition will not constitute a waiver of that right or
excuse any subsequent nonperformance of any such term or condition
by the other party. All transactions shall be governed by the laws
of the State of Nebraska, excluding conflict of law rules, and venue
shall be in Douglas County, State of Nebraska. Customer submits to
the personal jurisdiction of Nebraska. Any legal action with respect
to any transaction must be commenced by Customer within thirty (30)
days after the cause of action has arisen.
Actions by National
for nonpayment by the Customer of the purchase price of products or
services sold by National, or for redress of other breaches by the
Customer of these Terms and Conditions of Sale, may be brought by
National, at its option, before any U.S. or foreign judicial court
of competent jurisdiction. Or, at National’s option, disputes
between the Customer and National including all claims for non-performance
by National, shall be finally settled by arbitration in Omaha, Nebraska,
U.S.A. under the Commercial Rules of the American Arbitration Association,
by a single arbitrator appointed in accordance with said Rules applying
these Terms and Conditions of Sale and consistent provisions of the
federal and state laws (except conflict of law rules) of the State
of Nebraska, U.S.A.
The provisions
stated above are for the sole benefit of the parties hereto, confer
no rights, benefits or claims upon any person or entity not a party
here to.
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800-647-2737
Last
Revised: 12.30.05
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