2025 Nelsen Corporation Catalog - Catalog - Page 462
Sale Terms & Conditions
Sale Terms & Conditions
All sales of goods by Nelsen Corporation (“Nelsen”) to any party purchasing
goods (“Buyer”) shall be upon the following terms and conditions:
1. ORDERS – If Buyer orders any goods from Nelsen, Buyer shall use Nelsen’s
part number, size and other definitive information necessary to correctly
complete the order. All orders by Buyer are subject to acceptance by Nelsen
and Nelsen reserves the right to correct any errors or omissions in any orders,
quotations, invoices or other documents associated with the sale of goods.
Nelsen shall not be bound by any typographical or other errors in its quotations
or other communications with Buyer.
2. QUOTES – Any firm quote for the sale of goods provided by Nelsen to Buyer
in writing shall be valid for the shorter of: (a) the period of time set forth in such
quote; or (b) 30 days thereafter.
3. BINDING AGREEMENT – Buyer's acceptance of goods purchased from
Nelsen constitutes Buyer's agreement to all Sale Terms and Conditions
contained herein. Any inconsistent or additional terms contained in Buyer's
purchase order or other communication are hereby rejected unless expressly
accepted in writing by Nelsen within ten (10) days after its receipt of such
purchase order or other communication. These Sale Terms and Conditions shall
not be modified other than in writing signed by Nelsen and Buyer.
4. ACCEPTANCE – Buyer shall inspect the goods upon delivery and shall
notify Nelsen immediately in writing of all defects in the goods, including, but
not limited to, defective materials or workmanship. If there is any shipping
damage to the goods, Buyer shall immediately file a claim with the carrier.
Buyer's failure to notify Nelsen or file a claim with the carrier shall be conclusive
evidence that no defects or damages existed upon delivery. In particular, any
claim by Buyer of shortages or errors in the delivered goods must be made by
Buyer upon receipt of the goods on the delivery receipt or such claim will be
considered waived. The goods sold hereunder do not include installation or
any installation hangers, supports, tie downs, interconnecting piping or bypass
piping, unless agreed in writing by Nelsen.
5. TITLE; RISK OF LOSS – Unless otherwise agreed in writing by Nelsen
and Buyer, title in and risk of loss for all goods sold by Nelsen shall pass to
Buyer upon delivery to carrier at F.O.B. Nelsen’s or its agent’s facility. Nelsen
bears no responsibility for the shipment of the goods and any claims for lost or
damaged goods in transit shall be brought by Buyer solely against the carrier.
If arranged by Nelsen, the goods will be delivered via United Parcel Service,
Federal Express, US Postal Service or other carrier selected by Nelsen; provided
Buyer may select the carrier by providing Nelsen written notice thereof prior to
shipment and making all arrangements associated with such shipment. Unless
otherwise agreed in writing by Nelsen, all costs of shipment shall be borne
solely by Buyer and Buyer acknowledges that any shipping weights, dimensions
or ship dates provided by Nelsen are approximated and subject to change. If
shipping is arranged by Nelsen, Nelsen will assign its rights against the carrier
to Buyer for any lost, damaged or delayed goods, to the extent permitted.
6. PRICES AND TAXES – Unless otherwise agreed in writing by Nelsen and
Buyer, all prices shall be at Nelsen’s price as of the date of shipment. Prices
do not include installation, training or other services provided by Nelsen or
its agents, unless otherwise specified in writing by Nelsen. A special handling
fee determined by Nelsen may be added to any prices where goods or parts
must be special ordered by Nelsen or if the goods require dismantling to satisfy
Buyer’s requirements. A minimum billing of $25 applies to all purchases from
Nelsen. Prices are F.O.B. Nelsen’s or its agent’s facility. Any local, state or
federal taxes levied on the purchased goods shall be the responsibility of Buyer.
7. PAYMENT TERMS – Unless otherwise agreed in writing by Nelsen and
Buyer, all prices for purchased goods shall be due upon shipment of the goods
at Nelsen’s or its agent’s facility by cash, certified check or money order,
credit card or other immediately available funds. Nelsen reserves the right to
determine the credit cards which it accepts and the right to charge an additional
administration fee for any payments by credit card.
8. CHECK PAYMENT PROGRAM – Nelsen may permit Buyer to pay by check
upon shipment of the goods at Nelsen’s or its agent’s facility if Buyer qualifies
for Nelsen’s check payment program. To apply for Nelsen’s check payment
program, Buyer must provide: (a) the names of three (3) suppliers who have
satisfactorily accepted Buyer’s checks for at least one (1) year and certify that
they have experienced no issues with returned or insufficient funds (NSF)
checks with Buyer; and (b) the name of Buyer’s bank. Inclusion in Nelsen’s
check payment program is at Nelsen’s discretion. Any returned or NSF checks
from Buyer are charged a $25 fee for each check. Upon Buyer having three (3)
returned or NSF checks with Nelsen in any twelve (12) month period, Nelsen
may remove Buyer from its check payment program.
9. NET 30 DAYS – Nelsen may permit Buyer to pay by invoice by opening an
account with Nelsen if Buyer qualifies for Nelsen’s account program. To apply
for Nelsen’s account program, Buyer must provide: (a) the names of three (3)
suppliers who have satisfactorily been paid by Buyer under invoice terms for
at least one (1) year and certify that they have experienced no issues with nonpayment or overdue payment with Buyer under the terms of the invoices; and
(b) the name of Buyer’s bank. Nelsen may also require, in its discretion, financial
statements of Buyer for periods designated by Nelsen. Inclusion in Nelsen’s
account program is at Nelsen’s discretion. All Nelsen invoices shall be due and
payable within 30 days after the date of shipment.
10. INTEREST; ENFORCEMENT COSTS – Any portion of the purchase price
which is not paid in accordance with the terms of payment herein shall bear
interest from the due date at the rate of 1.5% per month until paid. In the
event Nelsen is required to commence collection proceedings against Buyer,
Buyer shall be liable for all costs and expenses of Nelsen associated with the
collection of its past due amounts, including attorney fees and court costs,
which shall be due and payable by Buyer to Nelsen upon demand.
11. DELAY IN PERFORMANCE – Nelsen shall not be responsible or liable for
any delays or failures in manufacture, assembly or delivery due to any cause
or condition beyond the control of Nelsen, including, without limitation, any
delays in the manufacture or delivery of the goods from Nelsen’s third party
vendors, delays or problems with shipment, strikes or labor difficulties, fire,
floods, acts of the elements, shortage of materials or equipment, war, riots or
civil commotions or other acts of God. In the event of any shortage of Nelsen’s
goods, for any reason, Nelsen may pro-rate the supply of its goods among its
customers in any manner determined by Nelsen.
12. DELIVERY – Any dates or schedules which may be specified for the
delivery of the purchased goods have been stated only approximately and
are estimates. Nelsen shall not incur any liability, either direct or indirect, nor
shall any order be canceled, as a result of any delays in meeting such dates or
schedules. In the event Buyer requests a delay in shipping of the goods, Nelsen
may charge a storage fee, determined in Nelsen’s discretion, after the initial
shipping date, which fee shall be due and payable by Buyer upon Nelsen’s
demand.
13. LIMITED WARRANTY – Any goods manufactured by a third party are
subject to the manufacturer’s warranty only and Nelsen’s sole responsibility
for such third party goods shall be to pass such manufacturer warranty, if any,
to Buyer. Any goods manufactured by Nelsen may have a limited warranty
separately provided by Nelsen in writing apart from these Sale Terms and
Conditions. Buyer should carefully review any separate limited warranty.
EXCEPT AS PROVIDED ABOVE AND TO THE EXTENT PERMITTED BY LAW,
THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT
TO THE GOODS, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, OR
ARISING UNDER CUSTOM OF TRADE, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NO REPRSENTATIONS OR WARRANTIES AT ANY TIME MADE BY ANY
EMPLOYEE, AGENT OR REPRESENTATIVE OF NELSEN SHALL BE EFFECTIVE
TO VARY OR EXPAND ANY WRITTEN WARRANTY OR THE TERMS HEREOF. TO
THE EXTENT A WAIVER OF IMPLIED WARRANTIES IS PROHIBITED BY LAW, ANY
IMPLIED WARRANTIES ON PURCHASED GOODS SHALL BE LIMITED TO THE
DURATION OF ANY WRITTEN WARRANTY PROVIDED BY NELSEN.
Unless otherwise in a written warranty provided by Nelsen, any warranty
provided by Nelsen shall apply solely to authorized dealers of Nelsen’s products
who purchased the goods directly from Nelsen and shall not apply, directly or
indirectly, to any consumer of the goods.
Buyer acknowledges that some systems may include interconnecting piping that
may have leaks, even if air or hydraulically tested at the time of manufacture,
due to pipe vibrations and handling. For example, galvanized pipe threads are
diligently assembled with recommended thread sealants but may have leaks
discovered at the time of installation or start up. The installer of the goods
For more information visit – NelsenCorp.com • NelsenWaterSolutions.com • VESTAwater.com
All prices and products subject to change without notice. ©Nelsen Corporation
