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Terms and Conditions of Product Sales
 

PLEASE READ THESE TERMS AND CONDITIONS OF PRODUCT SALES VERY CAREFULLY.

THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN NATIONAL COMMUNICATIONS INC.’S INVOICE OR OTHER NATIONAL COMMUNICATIONS INC. DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF PRODUCT SALES UNLESS CUSTOMER AND NATIONAL COMMUNICATIONS INC. HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN NATIONAL COMMUNICATIONS INC. AND CUSTOMER.
 

Important Information About These Terms and Conditions of Product Sales
These Terms and Conditions of Product Sales constitute a binding contract between Customer and the NATIONAL COMMUNICATIONS INC. Entity identified on Customer's invoice ("NATIONAL COMMUNICATIONS INC.") and are referred to herein as either "Terms and Conditions of Product Sales" or this "Agreement". Customer accepts these Terms and Conditions of Product Sales by making a purchase, placing an order or otherwise shopping on NATIONAL COMMUNICATIONS INC.'s Website (the "Site"). These Terms and Conditions of Product Sales are subject to change without prior notice, except that the Terms and Conditions of Product Sales posted on the Site at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by NATIONAL COMMUNICATIONS INC. and Customer.

Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting NATIONAL COMMUNICATIONS INC. at the address provided below. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.

IN CASE OF PROCUREMENT OF SERVICES, INDEPENDENTLY OR IN CONJUNCTION WITH THE PURCHASE OF PRODUCTS, SUCH SERVICES SHALL BE ON AND SUBJECT TO THE TERMS AND CONDITIONS OF SERVICE PROJECTS ON THE SITE.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Product Sales contained herein and in NATIONAL COMMUNICATIONS INC.’s invoice or other NATIONAL COMMUNICATIONS INC. documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Product Sales or any purchase order or invoice related thereto.

Governing Law
THESE TERMS AND CONDITIONS OF PRODUCT SALES AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Product Sales more than one (1) year after the cause of action has arisen.

Title; Risk of Loss
If Customer provides NATIONAL COMMUNICATIONS INC. with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for NATIONAL COMMUNICATIONS INC., title to products and risk of loss or damage during shipment passes from NATIONAL COMMUNICATIONS INC. to Customer upon shipment from NATIONAL COMMUNICATIONS INC.’s facility (F.O.B. Origin, freight collect). For all other shipments, title to products and risk of loss or damage during shipment passes from NATIONAL COMMUNICATIONS INC. to Customer upon receipt by Customer (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. NATIONAL COMMUNICATIONS INC. retains a security interest in the products until payment in full is received.

Export Sales
If this transaction involves an export of items (including commodities, software, and/or technology) subject to the Export Administration Regulations, such items were exported from the United States by NATIONAL COMMUNICATIONS INC. in accordance with the Export Administration Regulations. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items 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. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items 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. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

Warranties
Customer understands that NATIONAL COMMUNICATIONS INC. is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not NATIONAL COMMUNICATIONS INC.. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by NATIONAL COMMUNICATIONS INC. or its affiliates. NATIONAL COMMUNICATIONS INC. AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Pricing Information; Availability Disclaimer
All pricing is subject to change. NATIONAL COMMUNICATIONS INC. reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, NATIONAL COMMUNICATIONS INC. cannot guarantee that it will be able to fulfill Customer’s orders.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL NATIONAL COMMUNICATIONS INC., ITS AFFILIATES, SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABILE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH INCLUDES BUT IS NOT LIMITED TO, LOSS OF PROFITS, REVENUES OR SAVINGS, EVEN IF NATIONAL COMMUNICATIONS INC. HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY NATIONAL COMMUNICATIONS INC. IN CONNECTION WITH THE PRODUCTS; OR (D) THE PRODUCT BEING UNAVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF ANY LIABILITY INCURRED BY NATIONAL COMMUNICATIONS INC., NATIONAL COMMUNICATIONS INC.'S ENTIRE LIABILITY FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM; OR (B) $50,000.00.

NATIONAL COMMUNICATIONS INC. will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by NATIONAL COMMUNICATIONS INC. are estimates only.

Proprietary Information
Each party anticipates that it may be necessary to provide access to information of a confidential or proprietary nature of such party, including its affiliates or of a third party, (hereinafter referred to as "Proprietary Information") to the other party in the performance of this Agreement. "Proprietary Information" means any information or data in oral and/or in written form which the receiving party knows or has reason to know is proprietary information and which is disclosed by a party in connection with this Agreement or which the receiving party may have access to in connection with this Agreement. Proprietary Information will not include information which: (a) becomes known to the public from a source other than the receiving party; (b) was known to the receiving party, or becomes known to the receiving party from a third party having the right to disclose it and having no obligation of confidentiality to the disclosing party with respect to the applicable information; or (c) is independently developed by personnel of the receiving party who have not had access to such information. To the extent practicable, Proprietary Information should be clearly identified or labeled as such by the disclosing party at the time of disclosure or as promptly thereafter as possible, however, failure to so identify or label such Proprietary Information will not be evidence that such information is not proprietary or protectable.

Each party agrees to hold such Proprietary Information confidential in the same manner as it holds its own Proprietary Information of like kind. Disclosures of Proprietary Information will be restricted to those individuals who are participating in the performance of this Agreement and need to know such Proprietary Information for purposes of this Agreement. Upon the request of a party, the other party will either return or certify the destruction of the Proprietary Information of the other party.

If a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding or by any governmental or regulatory authority, to disclose the Proprietary Information, the receiving party will give the disclosing party prompt notice of such request so that disclosing party may seek an appropriate protective order or similar protective measure.

Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products sold pursuant to these Terms and Conditions of Product Sales, the interpretation or application of these Terms and Conditions of Product Sales or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions of Product Sales (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or NATIONAL COMMUNICATIONS INC.'s advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF NATIONAL COMMUNICATIONS INC., CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither NATIONAL COMMUNICATIONS INC. nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions of Product Sales, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Chicago, Illinois. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to NATIONAL COMMUNICATIONS INC. arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon NATIONAL COMMUNICATIONS INC. until accepted by NATIONAL COMMUNICATIONS INC.. Terms of payment are within NATIONAL COMMUNICATIONS INC.'s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by NATIONAL COMMUNICATIONS INC.. NATIONAL COMMUNICATIONS INC. may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold NATIONAL COMMUNICATIONS INC. harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by NATIONAL COMMUNICATIONS INC.'s net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide NATIONAL COMMUNICATIONS INC. with the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of NATIONAL COMMUNICATIONS INC.’s costs of collection, including court costs, filing fees and attorneys fees.

Return Privileges
NATIONAL COMMUNICATIONS INC. customer return requests must be made within 30 days of invoice date.

Please return all products 100% complete. This includes manufacturer box, UPC label, packing materials, all manuals, blank warranty cards and accessories.

Return privileges are contingent upon various manufacturer policies. NATIONAL COMMUNICATIONS INC. reserves the right to decline return requests based on those policies. Please verify policies for specific item(s) with a member of Customer Relations.

Please contact NATIONAL COMMUNICATIONS INC. Customer Relations at 866.SVC.4NATIONAL COMMUNICATIONS INC., 24 hours a day, 7 days a week or via e-mail at Customer Relations, to obtain a Return Merchandise Authorization (RMA) before shipping product back to NATIONAL COMMUNICATIONS INC.. This will expedite and help ensure the proper action or credit upon processing.

In order to expedite a return, please have the following information on hand when requesting an RMA number: Customer number, invoice number, serial number, reason for return, action to take (replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed. Please do not write on or damage the manufacturer box.

Customer is responsible for shipping charges to NATIONAL COMMUNICATIONS INC.’s distribution center for all products being shipped back to NATIONAL COMMUNICATIONS INC.. Products exchanged or replaced will be shipped by NATIONAL COMMUNICATIONS INC. to Customer, at NATIONAL COMMUNICATIONS INC.’s expense, using the same shipping method as was used by Customer to ship the original products back to NATIONAL COMMUNICATIONS INC.. If the carrier selected by Customer is not used by NATIONAL COMMUNICATIONS INC., a comparable shipping method will be selected.

Customer is responsible for all risk of loss and damage to products being shipped back to NATIONAL COMMUNICATIONS INC.. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your return.

Return shipping address:
NATIONAL COMMUNICATIONS INC.
Attn: Returns Department
(Place your RMA number on this line)
69 Washington Street
West Orange, NJ 07052

Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify NATIONAL COMMUNICATIONS INC. immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify NATIONAL COMMUNICATIONS INC. Customer Relations at sales@trynci.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for NATIONAL COMMUNICATIONS INC. to file a damage claim.

Check Payment Policy
NATIONAL COMMUNICATIONS INC. will accept a cashiers check or money order on all COD orders. NATIONAL COMMUNICATIONS INC. will accept personal or business checks up to $12,000 at the Business Technology Centers, subject to verification. NATIONAL COMMUNICATIONS INC. will accept personal and business checks for prepay orders. Allow 10 business days for clearing.


Version Date: 04/10/07

 

 

 

  To order by phone Call Toll Free: 1-800-879-6240
From 8:00 AM to 4:30 PM (Eastern Standard Time) Monday through Friday.
  National Communications Inc.
69 Washington Street - West Orange, NJ 07052 - Tel:973-325-3151 - FAX:973-325-2690 - ncisales@trynci.com
SKYPE (For International or National calls): SKYPE ID: TRYNCI
 
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