Nelson & Storm means any name under which it may trade, including Nelson & Storm Tool Supply Company Inc. �Purchaser� means the person identified in the �sold to� or �quoted to� space on this web site.
Terms Governing Sale
Purchaser agrees to be bound by all of the terms and conditions set forth herein. Any terms and conditions set forth in any purchase order or other document or any oral communication or written agreement which purports to be an addition to this Agreement of which is inconsistent herewith shall not be binding upon Nelson & Storm unless made in writing and accepted by the signature of an authorized officer or manager of Nelson & Storm. Any term or condition of sale contained in any document prepared by or received from Purchaser by Nelson & Storm relating to the goods sold under this Agreement which is inconsistent with any terms or condition of this Agreement is hereby rejected by Nelson & Storm and shall have no effect unless approved in a separate writing by Nelson & Storm.
Shipments made outside �in-town� delivery area will be shipped UPS or �best way� insured. The shipping, a $1.00 handling, and insurance charges will be added to the invoice.
Minimum order or charge orders will be $10.00. Any charge order placed for less than $10.00 will have a handling charge added to the invoice to bring the total to $10.00. We will make every effort to notify you, at the time the order is placed, that the order does not make the minimum. At that time, you may increase the order to make the minimum; otherwise, you will be responsible for the handling charge. Minimum cash pickup will be $10.00.
Shipping dates furnished by Nelson & Storm are approximate and shall not be deemed to be fixed or guaranteed.
All orders are subject to prices and terms of sale in effect on the date of shipment and such prices and terms are subjected to change without prior notice to Purchaser. Unless otherwise stated on the reverse hereof, all price quotations expire 30 days from the date of quotation and prices do not include freight or, where applicable, any federal, state, or local taxes of any nature, all of which shall be paid by the Purchaser.
Cancellation of Orders
All cancellations of orders must be requested by Purchaser and approved by Nelson & Storm in writing. Purchaser agrees to pay for any and all costs incurred by Nelson & Storm in connection with any cancellation request. If you need to cancel an order call us immediately at 815-965-0574 or 800-322-0574.
Only returns requested by Purchaser and approved by Nelson & Storm in writing will be permitted. Call us at 815-965-0574 or 800-322-0574 for an RGA#. Goods returned for any reason other than a warranty claim must be in like-new saleable condition and will be subject to a restocking charge to compensate Nelson & Storm for its reasonable costs incurred with respect to such return. Items not normally stocked at Nelson & Storm will be subject to the manufacturer�s return policy.
Notwithstanding any prior extensional credit by Nelson & Storm to Purchaser, if at any time Nelson & Storm determines in its sole judgement, that Purchaser�s financial condition does not justify Nelson & Storm�s extension to it of credit in connection with any sale hereunder, Nelson & Storm may, at its option, require Purchaser to make full payment in cash prior to order entry, manufacture, shipment or delivery.
Opening an account
If you would like to open an account please download the credit application form, fill it out and fax to 815-965-9699. We will notify you when your credit is approved. If you need an item immediately the best way to order is with credit card as credit approval takes a day or two.
Invoicing Terms: Net 30 Days
Shipments may be halted on overdue accounts. Any accounts over 90 days will be immediately put on hold and the amount due will be put out for collection unless specific arrangements are made.
American Express, Discover, Visa, and MasterCard are accepted.
In the event Purchaser defaults in payment, Nelson & Storm may, in its sole discretion, suspend shipment of goods on order. At such time, Nelson & Storm shall be entitled to all costs of collection including court costs and attorney/collection agency fees in the event of a default of the Purchaser.
Risk of Loss
If goods are shipped directly from a manufacturer or vendor other than Nelson & Storm to Purchaser�s shipping address shown herein, the risk of loss of such goods shall not be on Nelson & Storm. Otherwise, the risk of loss shall pass from Nelson & Storm to Purchaser upon (i) delivery to Purchaser�s shipping address, if shipped by Nelson & Storm�s vehicle or (ii) delivery to a common carrier, if shipped by common carrier. When goods are shipped by common carrier all claims for damages or losses in transit must be made by Purchaser directly to such common carrier. Purchaser shall be obligated to pay the full amount of Nelson & Storm�s invoice in accordance with the payment terms stated therein or hereunder, notwithstanding damage in transit by or disputes with common carriers.
Limitation of Liability
With respect to any claim against Nelson & Storm arising in any way from the sale of goods hereunder other than warranty claims, Nelson & Storm�s liability shall not exceed the purchase price of such goods. NELSON & STORM SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, CONTINGENT OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, BACK CHARGES. Nelson & Storm shall not be liable for damages of any kind resulting from any delay or failure to deliver or perform due to strikes, lockouts, or other labor difficulties, failure or delay sources of supply, transportation difficulties, accidents, fires, acts of God, or any other cause of like or unlike nature beyond Nelson & Storm�s reasonable control.
All manufacturers� specifications, either contained in Nelson & Storm�s catalog, promotional literature or in any other document are subject to change without notice to Purchaser and without liability to Nelson & Storm.
Written confirmation by Purchaser of telephone or other oral orders must be clearly marked �confirming� to avoid duplicate shipments. If this is not done and duplicate shipment occurs, Purchaser�s written confirmation shall be deemed to be a separate order subject to terms and conditions of this Agreement.
Any claims against Nelson & Storm other than warranty claims must be made in writing within ten (10) days after delivery and must state the factual basis for such claim. Failure to make any such claim within ten (10) days of receipt of shipment shall constitute acceptance of the goods and waiver of any and all claims with respect to such shipment. Purchaser agrees that warranty claims shall be barred unless asserted by Purchaser by the commencement of an action within 12 months after delivery of the goods. All provisions of this Agreement relating to warranties, remedies and claims shall survive any termination of this Agreement however arising.
NELSON & STORM MAKES NO WARRANTY EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, CONCERNING GOOD SOLD HEREUNDER. Purchaser�s sole remedy with respect to defective goods purchased hereunder shall be limited to pursuing warranty claims against the manufacturers of such goods. Nelson & Storm hereby assigns to Purchaser all rights and warranty claims which it may have against the manufacturers of goods sold by it hereunder. Nelson & Storm further agrees to use reasonable efforts to cooperate with the Purchaser to obtain from such manufacturers, in accordance with such manufacturers� customary practices, the repair or replacement of any goods which are defective in workmanship or material. With respect to goods modified by Nelson & Storm at Purchaser�s request, Nelson & Storm shall have no liability whatsoever in the event that such goods� manufacturer�s warranties are voided as a result of such modification.
No Nelson & Storm sales representative or other employee who is not an officer or manager of Nelson & Storm shall have authority to change or waive any of the terms and conditions of this Agreement.
Waiver of Jury Trial
In the event of litigation relating to this Agreement or the goods sold hereunder, Purchaser hereby agrees, to the extent permitted by law, to waive any right that it may have to a jury trial on any and all issues that may be raised in such litigation.
Nothing contained herein shall be construed to limit or waive any right or remedy of Nelson & Storm under applicable federal, state, or local laws.
The invalidity of any provision of this Agreement shall not invalidate or render unenforceable any other provision of this Agreement.
Entire Agreement and Modification
This Agreement is intended by the parties hereto as a final expression of this agreement with respect to the subject matter hereof, and is intended as a complete and exclusive statement of the terms and conditions of that agreement (any prior agreement being superceded by this Agreement and such prior agreements are hereafter null and void). This Agreement may not be modified, rescinded, or terminated orally, and no modification, revision, termination or attempted waiver of any of the terms, provisions or conditions hereof (including this paragraph) shall be valid unless in writing, supported by consideration, and signed by the party against whom the same is sought to be enforced.
All orders are subject to acceptance by Nelson & Storm in Illinois and this Agreement shall in all respects be governed by and construed under the laws of the State of Illinois.