NOION AQUA Sagl Terms and Conditions (edition 09.2013)
When ordering material: please use NOION AQUA part number, and other definitive information necessary to correctly complete your order. NOION AQUA reserves the right to correct clerical errors or omissions in quotations or other documents.
Orders and contracts: are subject to acceptance at the office in Magliaso Switzerland. Any statement in an order of contract which modifies NOION AQUA Terms and Conditions as set forth here, must first be accepted in writing by NOION AQUA. Any order cancelled after acceptance by NOION AQUA is subject to a 25 percent cancellation charge.
Prices and Quotations: Orders will be invoiced at the prices in effect at the time of shipments. Unless otherwise specified, prices are F.O.B. point of shipment. All prices and quotations are subject to change without notice. Items not listed in this catalog will be quoted on application.
Taxes: Any tax that may be imposed by law on the sale of articles made or sold by this company shall be added to the sale price of such articles.
Terms: Our normal terms are bank wire transfer. All sales are final.
OPEN ACCOUNT: You may also qualify for an open account. We require the names of three suppliers who you've had a satisfactory open account relationship with for at least one year plus the name of your bank. In some cases a financial statement is also required. Open account terms are Net the 10th of the month following purchase. Customers with balances due after the last day of the month following purchase are subject to a two percent (24 percent per annum) late charge. Customers may pay all or part of their open account balance with a Visa, Mastercard, Discover or American Express. An additional three percent of the balance being paid will be added to cover additional processing expenses incurred by NOION AQUA.
Freight: We deliver via SWISS POST or commercial carrier. We reserve the right to select the most economical method of delivery or to charge for the difference if we use a carrier you select.
Special Orders for Stock Products: A CHF 15 special handling fee may be added to all sales orders where an item(s) must be special ordered with our vendor. This same fee also applies to items that we must dismantle to satisfy your order.
Special Orders for Non-Stock Products: Requests for cancellation of these orders will not be considered if the manufacturer of the product is in process or the special product has already
been shipped by the manufacturer when the customer's request for cancellation reaches our office. Special orders for non-cataloged items, or products made to customer's specifications cannot be returned for any refund.
Warranty. All products are warranted to authorized purchasers purchasing from NOION AQUA as to workmanship and material for a period of one year from date of installation, or 60 Days for all used systems. when the products are used in recommended service.NOION AQUA's liability and its customer's exclusive remedy under this warranty, expressed or implied is expressly limited to repair, replacement or credit at NOION AQUA option, for such parts as proven defective if such product(s) or part(s) are shipped, shipping charges prepaid, to NOION AQUA via muraglione 8, CH-6983 Magliaso, NOION AQUA will examine such product(s) or part(s) promptly upon arrival. If a defect covered by this warranty is found, NOION AQUA will in its sole discretion, either repair the defect or replace the defective part(s). If a part is replaced, it is a condition of this warranty that NOION AQUA be allowed to keep the replaced part. Costs of shipping all parts or products back to the customer shall be solely the responsibility of the customer; repairs and replacements are furnished F.O.B. NOION AQUA only.
NOTE: This warranty is extended to purchasers who have purchased products covered from NOION AQUA . NOION AQUA extends no warranty of such products to "consumers", and the regulations promulgated thereunder. There are no warranties other than those contained in this statement, and neither any representation or affirmation made not any drawing or sample shown, shall be deemed to create any warranty or standard of performance. In the event that any NOION AQUA product is modified at any place other than the point of original manufacture, this warranty is null and void. The warranty set forth in this paragraph is made expressly in lieu of all other warranties expressed, implied or statutory, including, but not limited to, warranties with respect to quality, merchantability, or fitness for a particular purpose.
Limitation of Liability. The exclusive remedy to which NOION AQUA may be subjected by reason of any breach of warranty, or in connection with any goods supplied by NOION AQUA, or by reason of any breach of agreement shall be for damages and the amount of damage for which NOION AQUA shall be liable shall be limited in accordance with the provisions hereof. NOION AQUA liability for any and all losses and damages to purchaser or any other person resulting from any breach of any warranty by which NOION AQUA may be bound, from any damaged or defective goods supplied by NOION AQUA (regardless of whether any said defect shall be discoverable or latent), failure to deliver, breach of agreement, or any other cause whatsoever, including NOION AQUA negligence, shall in no event exceed the purchase price of the particular goods with respect to which losses or damages are claimed, or at the election of NOION AQUA, the repair or replacement of defective or damaged goods. In no event, including a claim of negligence, shall NOION AQUA be liable for incidental or consequential damages. Without limitation to the foregoing, in no event shall NOION AQUA be liable for the loss of use of the product, process, plant, equipment or facilities of the purchaser or the end-user whether partially- or wholly-due to defects in material and/or workmanship and/or design of NOION AQUA product and in no event shall NOION AQUA be liable for expenses necessary to remove or reinstall any product supplied by NOION AQUA, or for any damages to other property or equipment resulting from any such removal or reinstallation. Damages resulting from improper storage, improper product rotation, improper handling, freezing, improper installation, fire or any act of God will not be considered by NOION AQUA as its liability.
NOION AQUA will not assume any expenses or liability for repairs or modifications made to its products, without its written consent.
Delivery: NOION AQUA responsibility ceases upon delivery to any common carrier. NOION AQUA does not, unless under previous written agreement, insure shipments beyond the point of delivery to such carrier.
CLAIMS OF LOST OR DAMAGED PRODUCTS IN TRANSIT SHALL BE FILED BY THE CUSTOMER DIRECTLY TO THE CARRIER
Delivery Delays: NOION AQUA shall not be responsible for delays resulting from strikes, accidents, negligence of carriers or any other causes beyond our control. NOION AQUA may, during a period of shortage due to causes beyond its control, prorate the supply of its products among all of its customers in such a manner as may be deemed equitable at the sole discretion of NOION AQUA .
Returned Goods: Materials must not be returned unless consent has first been obtained in writing from the NOION AQUA office. NOION AQUA reserves the right to refuse acceptance of deliveries of materials returned without this consent. All returns of saleable goods will be subject to a 25% percent restocking/handling charge. All authorized returned goods must be shipped prepaid by the customer FOB our warehouse.
Errors, Shortages, etc: Claims for errors, shortages and the like must be made on receipt of goods, otherwise no allowance will be made.
WHEN PRODUCTS ARE SHIPPED ON WRAPPED PALLETS, INDIVIDUAL CARTONS MUST BE COUNTED UPON RECEIPT. ANY SHORTAGES OR OTHER DISCREPANCIES MUST BE NOTED ON THE DELIVERY RECEIPT AT THE TIME OF RECEIPT OR CLAIMS WILL BE CONSIDERED WAIVED.
Product Changes: NOION AQUA reserves the right to make changes in pattern, design or materials when deemed necessary, without prior notice. Products which have become obsolete by reason of design change or discontinued as a manufactured item may not be returned for any refund.
Error and Omissions : NOION AQUA offers no warranty and will not assume liability for typos or out dated information including pricing on any printed or web materials. Since our vendors are subject to change pricing without prior notice we must also reserve this rights.