Terms & Conditions

Terms & Conditions

PRICES

Prices, terms, and conditions of sale are subject to change without notice.  Every effort will be made to provide reasonable notice of changes.

PAYMENT

We accept the follow payment forms: Check, ACH, and Credit Card*. *Credit Card will incur a special processing fee.

MINIMUM ORDER

Minimum order value is $500 USD.

PRODUCT INFORMATION

Although all information has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction.  We reserve the right to correct typographic errors and reject or cancel any orders.

QUOTES

Price quotes are valid for a period of 30 days from the date of submission to the buyer and subject to all requirements set forth at the time of the quote including, but not limited to, specific items, volumes, timing, shipping methods and terms. Any deviations from the requirements established at the time of the quote may result in revised pricing.

CREDIT TERMS

Open account credit terms are available upon receipt of signed credit application and verification of acceptable credit history. Applicable payment terms will be reflected on each invoice. Past due invoices are subject to 1.5% per month interest charges, or the maximum allowed by law, and will cause the buyer to be placed on credit hold until all past due balances are resolved.

CANCELLATION

Any request for cancellation must be presented to seller in writing. Seller may accept cancellation of an order for standard parts prior to standard lead time. Within standard lead time, cancellation may be refused or subject to a cancellation charge. Request for cancellation of any non-standard parts are subject to cancellation charges up to 100%. Blanket order cancellation will be based on the original ship schedule, not on subsequent delivery re-schedules.

LIMITED WARRANTY & DISCLAIMER

SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES THAT ARE THE RESULT OF THE NEGLIGENCE OF THE BUYER OR ANY USER, WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF SUCH DAMAGE, LOSS OR EXPENSE.

THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE CREATED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

WITH RESPECT TO GOODS SOLD BY THE SELLER BUT MANUFACTURED BY OTHERS, THE BUYER SHALL ACCEPT THE BENEFITS OF ANY GUARANTEE OR WARRANTY OBTAINED BY THE SELLER FROM THE MANUFACTURER THEREOF IN LIEU OF ANY LIABILITY, GUARANTEE OR WARRANTY FROM THE SELLER. THIS INFORMATION IS FURNISHED SOLELY TO NOTIFY THE BUYER THAT IT MAY BE COVERED BY A WARRANTY FROM THE MANUFACTURER. THE SELLER IS NOT ADOPTING OR ASSUMING RESPONSIBILITY FOR THE MANUFACTURER’S WARRANTY AND IS NOT MAKING ANY OTHER EXPRESSED OR IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY.

LIMITATION OF LIABILITY

Nelson Wholesale Service, Inc. EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.  NELSON WHOLESALE’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.WHERE ALLOWABLE BY LAW, IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT, INCLUDING NEGLIGENCE, IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COST OR RENTING ANY REPLACEMENT OR ANY ADDITIONAL EXPENSES.

DROP SHIPMENT

Merchandise may be shipped directly to seller’s customers from the manufacturer. Seller reserves the right to deny drop ship privileges for any reason. All drop shipments must comply with seller’s standard procedures as outlined above and freight charges will be FOB point of shipment instead of seller’s dock.

GOODS DAMAGED IN TRANSIT/CONCEALED DAMAGE

Damage to goods in transit is the liability of the carrier. It is the responsibility of the buyer to document and report all damages to the carrier without delay. Any evidence of damage must be retained by the buyer for inspection by the carrier. If damage was not noted and reported at the time of the receipt of the goods, the carriers may refuse liability for concealed damage reported after 30 days. Seller does not accept liability for goods damaged in transit.

GOVERNING LAW

All contracts between buyer and seller shall be governed by and construed in accordance with the applicable laws of the State of Texas