NLE has built a reputation for excellence for over 17 years. We strive for customer satisfaction and we value our customers, as they are our business. Please read carefully NLE's terms and conditions below.
(Please read carefully)
1. TITLE/RISK OF LOSS. The Goods shall be delivered F.O.B. shipping point, unless agreed in writing between parties.
2. PRICING. All prices are subject to change without advance notice. Some items may be altered or discontinued without advance notice. All freight charges from Orem, Utah are prepaid and add. Applicable sales tax will be added.
3. PAYMENT. Payment shall be made to 495 E. 770
North, Orem, Utah 84097, within 30 days of invoice.
NLE terms are C.O.D., Pre-Pay, accepted credit cards, and Net 30 days. Net 30 is only available for customers with approved credit. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per annum, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Buyer fails to pay for the Goods when due, the Seller at its option may treat such failure to pay as a material breach of this Contract, and may terminate this Contract and/or seek legal remedies. An additional 1.5% per month interest charge will be charged on all accounts not paid within 30 days after due date, both before and after judgment, and continuing each month until paid. In the event of default, the Buyer agrees to pay all costs of collection, interest on unpaid balances, and attorneys’ fees not to be less than 25% together with costs of court. All sums due for goods and/or services purchased by, for, or on behalf of the Buyer are payable to NLE at 1276 South 1380 West, Orem, Utah, 84058.
4. ACCOUNT CLAIMS AND ADJUSTMENTS. All shortages, claims/requests for adjustment to the account must be made within 15 business days of receipt of goods. No cash refunds. All approved adjustments will be in the form of an open credit to the account. Open Credits posted to an account without purchasing activity for a period greater that 365 days may become subject to inactive account maintenance fees, or forfeiture of the open credit.
5. ORDERS PLACED FROM THE WEBSITE. Website order acknowledgements are not a contract and do not constitute an acceptance of your order, but only a record of your offer to purchase a particular item at a particular price. By placing an order from the website, you agree to accept all terms and conditions set forth anywhere on NLE’s website. After you place an order, NLE reserves the right to accept, refuse, or limit an order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions posted on NLE’s website. By placing your order, you agree that NLE’s total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to NLE for the product giving rise to any alleged liability to NLE.
6. DELIVERY. Time is of the essence in the performance of this Contract. Seller will arrange for delivery by carrier chosen by Seller, unless otherwise agreed in writing between parties.
7. PAYMENT OF TAXES. Buyer agrees to pay all taxes of every description, federal, state, and municipal, that arises as a result of this sale, excluding income taxes.
8. WARRANTIES. Seller warrants that the Goods shall be free of substantive defects in material and workmanship for a period of 30 days from date of shipment or as listed in product specifications or as specified on the invoice. In some cases, the manufactures warranty extends beyond 30 days. Please contact the manufacturer of the product in question beyond this time. Many products have extended warranties or service contracts available. Please check with your sales representative for pricing. Alterations, abuse or misuse of any product voids all warranties. This limited warranty shall be limited to repair or replacement of parts at the election of NLE. All items require an Return Material Authorization (RMA) number issued by NLE prior to any return.
9. INSPECTION. The Buyer, upon receiving possession of the Goods, shall have 5 business days to inspect the Goods. If the Buyer, in good faith, determines that all or a portion of the Goods are non-conforming, the Buyer may return the Goods to the Seller at the Buyers expense. The Buyer must provide written notice to the Seller of the reason for rejecting the Goods. The Seller will have 30 days from the return of the Goods to remedy such defects. All items require an Return Material Authorization (RMA) number issued by NLE prior to any return.
10. RETURNS. Please call our customer service department. A return materials authorization number may be issued to assure that your account is credited, or your product replaced promptly. Returns must be shipped prepaid to NLE. Returnable items may be subject to restocking fee. All returnable items must be in new condition, with all original packing. Custom cables, bulk cable, connectors, tools, software, service contracts, special orders, configured products, and any items held over 10 days from delivery date are not returnable.
11. DEFAULT. The occurrence of any of the following
shall constitute a material default under this contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Goods in the time and manner provided for in this contract.
12. REMEDIES ON DEFAULT. In addition to any and all other rights available according to law, if either party defaults by failing to substantially perform any material provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may elect to terminate this Contract if the default is not cured within 45 days after providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default.
13. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars.
The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
14. CONFIDENTIALITY. Both parties acknowledge that during the course of this Contract, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Contract as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Contract. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
15. NOTICES. Any notice or communication required or permitted under this Agreement shall be sufficiently given when published on NLE.COM website.
16. ASSIGNMENT. Neither party may assign or transfer this Contract without prior written consent of the other party, which consent shall not be unreasonably withheld.
17. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written.
18. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
19. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
20. APPLICABLE LAW. This Contract shall be governed by the laws of the State of Utah.
21. CHOICE OF FORUM: In the event that a dispute arises between the parties to this Agreement, the parties expressly covenant and agree that resolution of any such dispute shall be had exclusively in the federal and/or state courts in the State of Utah.