NITCO ONLINE STORE POLICIES

SALES

Business Only.
NITCO sells products for business use to customers with business identification. NITCO reserves the right to correct publishing errors. All references herein to the term “products” shall include services provided by NITCO.

Prices.
Prices listed do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice. Market Sensitive Commodity items will be priced according to current market conditions.

Shipping Charges.
Products are shipped F.O.B. shipping point (Wilmington, MA, Shrewsbury, MA or Lewiston, ME) with freight costs and handling fees paid by NITCO and charged to the customer. The freight is calculated and processed as a separate charge when the order is ready to ship. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the contiguous United States; NITCO does not currently ship to foreign countries. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file claim with the carrier.

Sales Tax.
NITCO is required to charge sales tax for product shipping to MA, ME, RI, & CT. Customers in all other states are responsible for all applicable taxes or for providing a valid sales tax exemption certificate.

Payment Terms.
The NITCO Online Store accepts Visa and MasterCard. For customers with established NITCO credit, please call 800-225-7956 to speak to your Sales Representative. All payments must be in U.S. dollars.

Manufacturers’ Warranty.
For information on manufacturers’ warranties, please refer to the documentation included with your product.

Prompt Disposition.
NITCO will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the NITCO branch from which the product was purchased, giving date and number of original invoice, and describing defect.

Product Suitability.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While NITCO attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.

No Warranties to Consumers.
NITCO makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

PRODUCT INFORMATION

OSHA Hazardous Substance.
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the MSDS are believed by NITCO to be accurate. NITCO, however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. Grainger disclaims any and all liability to any user.

California Proposition 65.
The State of California requires that certain warnings be given concerning products subject to Proposition 65. For products denoted with a or symbol the following warnings apply:

Warning: This product contains a product known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.

MSDS and a list of Proposition 65 products are available at your local NITCO branch or by calling 800-225-7956.

Important Notice to Federal Customers Re: Country of Origin.
While all products listed on GSA Advantage!® meet the requirements of the Trade Agreements Act, as implemented by FAR Part 25, other products may not meet these requirements. NITCO will advise customers properly identifying themselves as Authorized Schedule Purchasers at the time of purchase whether an item is “TAA-compliant”. Customers seeking to purchase non-TAA items will be given the opportunity to purchase an alternative item, or to purchase the non-TAA item through an “open market” purchase instead of through the schedule. Federal customers are advised the open market purchases are NOT GSA Schedule purchases. By purchasing any item on the open market, customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.

ADDITIONAL TERMS

Force Majeure.
NITCO shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Grainger in the conduct of its business.

Product Substitution.
Products may be substituted and may not always exactly match descriptions and/or images.

Cancellation.
Any cancellation must be approved by NITCO, and may be subject to restocking and other charges.

Product Return.
Call your local branch for instructions. Proof of purchase is required.

Availability.
Certain products may not be available for sale in all areas.

Assignment.
Customer shall not assign any order or any interest therein without the prior written consent of NITCO. Any actual or attempted assignment without NITCO's prior written consent shall entitle NITCO to cancel such order upon notice to customer.

Modification of Terms.
NITCO’s acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in NITCO's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of NITCO's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon Grainger unless agreed to by NITCO in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in NITCO's acknowledgment, NITCO's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by NITCO of any of the terms and conditions contained in NITCO's acknowledgment.

Materials of Trade.
Customer represents that if it is purchasing goods as its "materials of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations, that the goods will be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.

Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the Commonwealth of Massachusetts, excluding conflict of law rules, and venue shall be in Middlesex County, Commonwealth of Massachusetts.

No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.