Terms and Conditions

ACCEPTANCE OF TERMS AND CONDITIONS

Customers’ submission of an order for any of the products or systems provided by Next Day Fittings shall constitute acceptance by Customer of the Terms & Conditions contained herein, which shall control the transactions between Next Day Fittings and Customer. These Terms & Conditions shall not be superseded by any provisions that may contain any purchase order or other documentation that may at any time be submitted to Next Day Fittings by Customer unless specifically agreed to in writing by Next Day Fittings. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PRICE STATED FOR THE PRODUCTS OR SYSTEMS HEREIN DESCRIBED IS A CONSIDERATION FOR LIMITING THE LIABILITY OF Next Day Fittings AS SET FORTH HEREIN.

AVAILABILITY

Some of the products and systems shown in the Next Day Fittings binders are not available from all Next Day Fittings locations. In such case, if possible, the local Next Day Fittings office will refer Customer to a responsible source.

ORDERS; PAYMENT; DELIVERY

On approved credit sales, terms are net 15 days unless otherwise stated in writing. When credit has not been approved, payment terms, subject to prior approval by Next Day Fittings, may be cash in advance, C.O.D., Bill of Lading with sight draft attached, or domestic letter of credit. Next Day Fittings, without liability to the Customer or any party, may at any time alter or suspend credit or discontinue deliveries or stop goods in transit when, in its opinion, the financial condition of Customer or potential Customer warrants such action. In such case, Next Day Fittings shall be paid by Customer for service charges. Next Day Fittings reserves the right to add a monthly service charge up to the maximum rate permitted by law for delinquent accounts. All sales are F.O.B. Shipping Point, unless otherwise agreed to by Next Day Fittings in writing. All risk of loss or damage shall pass to Customer upon delivery of the products or systems to the carrier. Any claims for loss or damage during shipment are to be filed with the carrier. Next Day Fittings will not accept responsibility for any such claims. Next Day Fittings shall make every reasonable effort to meet commitments concerning shipping dates; however, revisions may be necessary due to unforeseen events.

Next Day Fittings WILL NOT BE RESPONSIBLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OCCURRING TO CUSTOMER OR TO ANY OTHER PARTY AS A RESULT OF ANY DELAY IN SHIPMENT.

Orders are not cancellable by Customer unless and until all cancellation provisions, if any, are agreed to by Next Day Fittings in writing and all cancellation charges, if any, have been paid by Customer. Customer shall not debit, back charge, or set off Next Day Fittings for returns, warranty claims or for any other reason, without prior written consent from Next Day Fittings.

LIMITED WARRANTIES

The only warranties made on products and systems-sold by Next Day Fittings are the warranties provided by the respective manufacturers for such products and systems. Reference should be made by Customer to the terms of such manufacturers' warranties for the conditions thereof. In the event Next Day Fittings has modified, altered, or fabricated any of the products or systems sold by it, Next Day Fittings warrants only that such modification, alteration, or fabrication shall be free of defects in material or workmanship for one year from shipment to Customer. As to such warranties by Next Day Fittings, their liability is limited exclusively to making replacements or repairs or to refunding the price for such modifications or alterations made by Next Day Fittings. Any Customer modifications, alterations, or repairs (actual or attempted) to the products or systems by Next Day Fittings shall void all warranties of Next Day Fittings unless Customer has obtained prior written authorization from Next Day Fittings consenting to such modifications or alterations.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, Next Day Fittings MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE PRODUCTS AND SYSTEMS, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. IN ADDITION, Next Day Fittings WILL NOT BE RESPONSIBLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM AN ALLEGED BREACH OF SUCH WARRANTIES, IF ANY, OR FROM ANY OTHER ALLEGED BREACH OF ANY PROVISION OF Next Day Fittings’ CONTRACT WITH CUSTOMER.

Next Day Fittings staff are not authorized to warrant the suitability of products or systems for any application beyond the state of use described or warranty provided by the manufacturer for any such products or systems. In no event whatsoever shall Next Day Fittings be liable to the Customer for any amount beyond the initial purchase price paid by Customer for the product or service.

TAXES; GOVERNMENT REGULATIONS

Unless otherwise expressly stated in the quotation, Next Day Fittings quoted prices do not include sales, use, excise or any other federal, state or local taxes. Customers shall be liable for any such levies. Failure by Next Day Fittings to collect any such taxes from Customer with the initial invoiced amount shall not constitute a waiver of or bar to Next Day Fittings’ right to bill and collect from such Customer subsequently for such taxes. Customers shall comply with all governmental laws and regulations, and shall secure all necessary approvals, if any, applicable to the delivery, use and sale of the products and systems and any other conduct contemplated by Customer's purchase of the products and systems.

RETURNED PRODUCTS AND SYSTEMS

Goods may not be returned by Customer without Next Day Fittings’ prior written authorization. Any request to return must be made within 90 days from receipt of the goods. Returned goods must be in first class salable condition, in their original container, shipment prepaid and subject to inspection upon receipt by Next Day Fittings. When goods are returned because of an acknowledged error by Next Day Fittings, Next Day Fittings will rectify its error promptly without expense to Customer. If the authorized return is not because of a fault with Next Day Fittings or its suppliers, Next Day Fittings will undertake all reasonable action to minimize the expense of such returns; however, Next Day Fittings reserves the right to make a handling and re-stocking charge. Products and systems that have been manufactured or fabricated to Customer's specifications are not returnable.

SHORTAGES AND DEFECTIVE PRODUCTS AND SYSTEMS

All claims for shortages, defects or incorrect products or systems shipped to Customer must be filed by Customer with Next Day Fittings within 10 days of the receipt of the product or system. Claims for loss or damage in transit must be filed with the carrier as per Section 4 above.

CATALOG INFORMATION

The catalogs contained in Next Day Fittings’ binders are provided by manufacturers of the equipment described therein. Next Day Fittings cannot assume responsibility for errors or omissions in any of the descriptions of the products and systems contained therein. Next Day Fittings reserves the right to make additions, deletions or modifications to its binders, and changes in its suppliers, without notification to Customer.

USE OF PRODUCTS AND SYSTEMS

The installation and the operation of the products and systems purchased from Next Day Fittings in a safe manner and in conformance with all applicable codes and regulations, including the Occupational Safety & Health Act (O.S.H.A.) is Customer's responsibility.

OWNERSHIP OF DESIGNS

If any engineering and/or design work is performed by Next Day Fittings for Customer relative to products ordered under this agreement, the Customer agrees that all right, title, copyright and ownership of such engineering and/or design work is solely the property of Next Day Fittings.

SMALL ORDERS

Contact the Next Day Fittings office for minimum billings. Small orders are costly to oversee and process. This is true for both the buyer and seller. Contact Next Day Fittings nearest office for suggestions on eliminating or minimizing the costs of small orders placed with Next Day Fittings.

CHANGES IN TERMS AND CONDITIONS

These Terms and Conditions are subject to change by Next Day Fittings without prior notice. As per Section 1 above, these Terms and Conditions may not be altered in any way by Customer and Next Day Fittings hereby rejects any effort by Customer to affect any such alteration.

CUSTOMERS

Customer represents and warrants that it shall use any subject of goods hereto solely for its own use in its business operations or for resale to other businesses for similar use. Next Day Fittings does not sell consumer products.

FORCE MAJEURE

If Next Day Fittings’ ability to perform its obligations to Customer is limited, delay or prevented in whole or in part by any event or condition not reasonably within the control of Next Day Fittings or its suppliers, including without limitation acts of God, war, civil strife, labor unrest, transportation delays, or by any law, rule, regulation, order or any other action of any public authority, Next Day Fittings shall be excused, discharged and released of performance to the extent such performance is so limited, delayed or prevented, without liability of any kind.

WAIVER

Waiver by Next Day Fittings of any default of Customer or of any provision hereof shall not be deemed a waiver of any other default of Purchaser.

CONTROLLING LAW

The validity, construction and performance of these Terms & Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding that body of law applicable to choice of law. Each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in Mecklenburg County, North Carolina in any action relating hereto or to the subject matter hereof. In the event any provision of these Terms & Conditions or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms & Conditions shall remain in full force and effect.