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| Terms
and Conditions of Sale |
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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 all information including credit card
number, name, and address, so that it 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 with
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
date of delivery, when customer’s account
is not paid 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 and Credit Card: 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 orders.
Customer agrees that unsued 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 Printed Products |
|
Customers requesting and ordering special and/or
printed items (e.g., printed napkins, cups, etc.)
will be subject to manufacturer minimum orders and
will be subject to applicable freight charges. Furthermore,
Customers agree to purchase all special and printed
products at time of purchase. Customers requesting
National to store and warehouse product on their
behalf must deplete product within 30 days. Special
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 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.
Order delivered by National and within
National’s “Delivery Area”
will be assessed a $6.00 fuel surcharge unless otherwise
waived by National. Customers placing orders via
their online account at www.npaper.com
will only 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 customers
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., Att: 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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