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Terms and conditions of sales
Terms of Sale: Purchase of any products sold by “NOMO GROUP “, shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by “NOMO GROUP “. Buyer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any purchase order or other documentation used by “NOMO GROUP “, except for delivery and billing addresses, and quantities, prices and items ordered, any conflicting or additional terms are void and have no effect, but that Buyer may place orders by use of purchase orders and other documentation for its convenience purposes only. Notwithstanding the foregoing, “NOMO GROUP “, reserves the right at any time to amend these terms and conditions, and Buyer shall be deemed to accept such amended terms and conditions by ordering products herein offered after the date of such amendment. Additional special terms and conditions of “NOMO GROUP ” may be applicable with respect to certain products.
Minimum Order Quantity: International Clients must have minimum consumables, spare parts, or reagents order of one-hundred $100.00 U.S.
Prices: All pricing quotes must be documented in writing and signed by “NOMO GROUP ” to be valid. Prices are in U.S. Dollars E.X.W. NOMO GROUP, Inc located in Miami, Florida State – USA. “NOMO GROUP ” reserves the right to change the prices and specifications of its products at any time without notice. Purchase Order received after placed it will be subject to review for price adjustment. If, after acceptance of a Purchase Order the delivery date is modified by the Buyer, “NOMO GROUP ” reserves the right to adjust the price to recover additional expenses incurred, due to increase in labor, material cost, inventory expense, and such like. In addition, “NOMO GROUP ” will be entitled to invoice and receive payment for 100% of the value of the labor and material expended, once noticed the delivery date has been modified. Prices do not include freight or insurance to the destination country. If you want the load secure, this price will be listed separately.
Tax Information: Any tax, assessment, duty, custom or other fee of any nature imposed upon the products, their sale, transportation, delivery, use or consumption shall be paid by Buyer in addition to the price quoted or invoiced. If “NOMO GROUP ” is required to prepay any such tax or fee, Buyer will reimburse “NOMO GROUP “. Buyer must provide “NOMO GROUP ” with a resale/exemption certificate in order to avoid the withholding of applicable taxes. No refund or adjustment to previously withheld taxes will be made by “NOMO GROUP ” Thirty (30) days after the invoice date. Proof of certification should be mailed to: NOMO GROUP, Inc., 21113 Johnson St. #130, Pembroke Pines, Fl., 33029, USA.
Payment: Payment Terms are provided to customer on an individual basis; Buyer’s obligation to pay outstanding invoices and all other amounts is absolute and unconditional and is not subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever. Balances remaining unpaid at due date are subject to a service charge of 1.5% per month until paid. Any discounts, rebates, administrative fees, credits, or other fees due or owed to Buyer will be applied against delinquent balances before payment or reimbursement is made. If Buyer fails to comply with any terms of payment or any no paid when due shall bear charge at 1.5% per month until paid in full, “NOMO GROUP ” reserves the right to alter charge terms. If Buyer fails to comply with any terms of payment or any requirement to secure payment, Seller reserves the right to withhold further deliveries or terminate this contract and any unpaid amount shall thereupon become immediately due from Buyer to Seller. Payment due date may not be changed under any circumstance, including, but not limited to delivery delay caused by the customer, customs, freight forwarder, warranty claim or other dispute that may arise. The payment through wire transfer must include a processing fee of thirty-five $ 35.00 U.S.
Delivery: Delivery dates are approximate and based on production schedules at time of quotation. “NOMO GROUP ” shall not be liable for damage to de Buyer for any default or delay in deliver for any reason. Every effort will be made to meet the delivery quoted, but failure to meet the estimate delivery will not be considered cause for cancellation and/or claims which made arise from such delay. In no event shall Seller be liable for delays or non-performance caused by fire, flood, drought, acts of God, war riots, strikes, lockouts, embargo or governmental orders. Exported products are subject to import laws of the country of destination. Before shipping, some countries require inspection and legalization of certain documents; therefore, it is the sole responsibility of the customer.
Damages or Shortages: Claims for shortages in shipment must be made within five (5) working days of receipt of the material. If the outer crate or carton is damaged in any way, the customer should not sign the bill of lading until carrier notes such damage on the bill of lading. Without this notification, carriers usually refuse customer damage claims and Seller reserves the right to do same.
Cancellation: No notice of cancellation, termination, waivers, amendments, or modifications shall relieve Buyer from any obligation under this agreement without prior written consent of the Seller, which consent must be signed by an authorized officer of Seller in Seller’s Home Office. For Standing Orders, cancellations prior to one-year minimum term are subject to and contingent upon payment by Buyer of the difference between discounted and list pricing. For specifically manufactured items, any consent by Seller to cancel or terminate this agreement shall be subject to and contingent upon payment by Buyer of a minimum charge equal to: (a) Twenty-Five percent (25%) of the established list or quoted price for all items completed prior to cancellation, plus (b) an amount equal to all costs incurred by Seller storing, but in any case subject to a minimum order net value of Fifty dollars $50.00 U.S.
Acceptance: Orders, terms, and specifications are subject to approval of “NOMO GROUP “. No variation shall be binding unless in writing, signed by an executive officer of the Seller.
Cost of Cancellation: Buyer will be liable to “NOMO GROUP ” for all costs of collection, including without limitation attorney fees.
Sales Agents: No person acting as an agent of “NOMO GROUP ” shall have authority to bind “NOMO GROUP ” to any contract. All quotation for product must originate at NOMO GROUP, Inc, and all must be accepted and signed by an executive officer of the Seller.
No Assignment: Buyer may not assign any of its rights or obligations under agreement with “NOMO GROUP ” without prior written consent of the Seller.
Limitation of Liability in General: IN NO EVENT WHATSOEVER SHALL “NOMO GROUP ” BE LIABLE TO BUYER, ITS AFFILIATES, SUCCESSORS, ASSIGNEES, VENDEES OR TRANSFEREES, OR TO ANY THIRD PARTY, FOR ANY ECONOMIC LOSS, PHYSICAL HARM, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND/OR LOST BUSINESS OPPURTUNITIES) ARISING OUT OF, RESULTING FROM OR RELATING TO IN ANY WAY THIS AGREEMENT OR ACTS OR OMISSIONS IN CONNECTION HEREWITH (INCLUDING WITHOUT LIMITATION THE PERFORMANCE WHETHER OR NOT TIMELY OR NON-PERFORMANCE OF THIS AGREEMENT) AND THE LOSS OR LOSS OF USE OF ANY OF THE GOODS OR OTHER PROPERTY, REGARDLESS OF WHETHER THE GOODS OR THE USE THEREOF RESULTS IN DAMAGE OR HARM ONLY TO THE GOODS OR TO OTHER PROPERTY OR WHETHER THE SELLER AND/OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY, JOINTLY, OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT.
Limitations of Actions: Except as may be governed by other applicable law regarding personal injury, all actions brought hereunder must be commenced within one (1) year from the date of the breach.
Warranty: the warranty does not cover and is not transferable for the following situations: (a) damage by accident, (b) environmental conditions including but not limited to dust, heat, humidity, (c) acts of nature including but not limited to such as storms, earthquakes, floods, ( d) incorrect line voltage, power failure, (e) fire, (f) theft, vandalism, (g) negligence, misuse, spills, (h) the abuse or the use of supplies that can have a detrimental effect on the products sold.
NOMO GROUP guarantees all reconditioned instruments for 90 days for the replacement of defective parts from date of delivery to the customer. All new instruments are warranted by the original manufacturer for one year.
Governing Law and Choice of Forum: All of the foregoing Conditions and Terms and all aspects of this contract shall be governed by the law of the Florida State – USA. All legal and equitable actions brought in relation hereto shall be brought in the appropriate state and federal courts in Florida State – USA, unless Seller elects to file an action against the Buyer in any other Court outside of Florida State or otherwise waves this provision.
“NOMO GROUP ” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from November 26, 2018.