TERMS & CONDITIONS OF SALE
For purposes of these Terms and Conditions of Sale, the term “contract” shall mean an agreement between Nevistek Asia Sdn Bhd (hereinafter referred to as “Nevistek”) and Buyer arising as a result of Buyer’s submission of an order for Nevistek products or products distributed by Nevistek and Nevistek’s acceptance of said order. Any such contract shall be deemed to incorporate and be governed by these Terms and Conditions. These Terms and Conditions shall take precedence over any Terms and Conditions, which appear in Buyer’s order or in any document incorporated by reference in Buyer’s order. No Term or Condition of Buyer’s order additional to or different from these Terms and Conditions shall become part of the contract unless explicitly referenced and agreed to in writing by an authorized executive of Nevistek at its principal office in Malaysia. Retention by Buyer of any products delivered by Nevistek, or payment by Buyer of any invoice rendered hereunder shall be conclusively deemed acceptance of these Terms and Conditions. Nevistek failure to object to any provision contained in any communication from Buyer shall not be construed as a waiver of these Terms and Conditions or as an acceptance of any such provision.
1. Orders
By submitting an order to Nevistek, Buyer agrees to be subject to these Terms and Conditions of Sale in their entirety. All orders must be bona fide commitments showing definite prices and quantities and mutually agreed to ship dates. If a Buyer qualifies for a quantity purchase discount, Buyer shall email to us for further discussion.
2. Prices and Taxes
Prices do not include federal, state, or local taxes, including without limitations sales, use or excise taxes, now or hereafter enacted, applicable to the products sold in this transaction, which taxes may, in Nevistek’s discretion, be added by Nevistek to the sales price or may be billed separately and which taxes will, in any event, be paid by Buyer unless Buyer provides Nevistek with a proper tax exemption certificate. Prices for quantity purchase buyers are the list price in effect on the date of the Purchase Order Release, times the appropriate discount level will be adjusted in accordance with Nevistek’s Quotation.
3. Delivery and Shipment
All products will be tendered and shipped F.O.B. In the absence of specific instructions, Nevistek will select the carrier and ship “collect”, but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier be construed to be the agent of Nevistek. Buyer must provide its own insurance. Title and risk of loss or damage to all products sold hereunder shall pass from Nevistek to Buyer upon delivery by Nevistek to the possession of the carrier, provided that Nevistek reserves a purchase money security interest in the products. Any claims for loss, damage or mis-delivery thereafter shall be filed with the carrier. Customer has 30 days to notify Nevistek of any discrepancies resulting from shipment.
4. Terms of Payment
Unless otherwise stated on Nevistek’s invoice, terms of payment shall be full payment in advance, and if such requirements are not met, may cancel the order or any part thereof and receive reasonable cancellation fees. If Buyer fails to pay the price or any other payment due hereunder when due, Nevistek have the right to cancel the order. Terms of payment hereunder may be changed by Nevistek at any time.
5. Contingencies
Nevistek shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any contingency beyond the control of Nevistek, including, by way of illustration but not limitation, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, act of a public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor dispute, accident, fire, explosion, floods, storm or other act of God, shortage of labor, fuel, raw material or machinery or technical failure where Nevistek has exercised ordinary care in the prevention thereof. If any such contingency occurs, Nevistek may allocate production and deliveries among Nevistek’s customers.
6. Warranty
In almost every case, the warranty on products purchased from Nevistek shall be that of the original manufacturer, but in no cases shall be less than 90 days. A copy of the complete warranty is available upon written request from the respective manufacturer, and may also be found included in the packaging of some products. All in-warranty repairs may be handled through Nevistek provided a Return Material Authorization is given prior to return of any merchandise. All out-of-warranty repairs may be handled through Nevistek at a charge assessed by the manufacturer plus reasonable shipping and handling costs assessed by Nevistek. Such cost shall be quoted to the Buyer prior to return of merchandise to the extent practical.
7. Exchanges and Refunds
Nevistek do not provide cash refunds. There will be a 20% restocking charge on any item returned or special orders not taken except for defective merchandise or unless waived by Nevistek. No refunds or exchanges on software, computers, or special orders. Refunds do not apply to freight. All returned items must be in like new condition in their original packaging. Nevistek may reject any returned merchandise if it is determined that the goods do not meet the conditions of new and/or original packaging.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NEVISTEK LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT OR NEVISTEK’S PERFORMANCE OR ASSERTED FAILURE TO PERFORM THEREUNDER, IN CONTRACT, IN TORT (INCLUDING NEGLEGENCE), OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCTS, AND IN NO EVENT SHALL NEVISTEK BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR TORT DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL.
9. Cancellation and Rescheduling
Orders accepted by Nevistek may be cancelled or rescheduled by Buyer only with the written consent of Nevistek (which consent Nevistek may withhold for any reason) and upon payment of the then currently published cancellation or rescheduling charges. Nevistek shall have the right without penalty or payment to cancel any order accepted, or to refuse or delay the shipment thereof, (i) if Buyer fails to make promptly any payment due to Nevistek or to meet any other reasonable requirements established by Nevistek, (ii) if any act or omission to act of Buyer delays Nevistek’s performance, or (iii) if Buyer’s credit becomes impaired in such event, Nevistek shall be entitled to receive reimbursements for its reasonable and proper cancellation charges.
10. Rescheduling
There will be no rescheduling charges if deliveries scheduled beyond 90 days from the date Nevistek is notified of the rescheduling are rescheduled, or if deliveries from 30 to 90 days are rescheduled, provided they are rescheduled within the 90 day period from the date when Nevistek is notified of the rescheduling. If other than above, a 5 percent rescheduling charge may be invoiced to Buyer at Nevistek’s option. Products scheduled to ship within a 30-day period cannot be rescheduled.
11. Non-Waiver of Default; Remedies
In the event of any default by Buyer under this or any other contract between Nevistek and Buyer, Nevistek may decline to make further shipments. If Nevistek elects to continue to make shipments, Nevistek’s action shall not constitute a waiver of any default by Buyer or in any way affect Nevistek’s legal remedies for any such default. All Nevistek rights and remedies, whether evidenced hereby or by any other contract or document, shall be cumulative and nonexclusive and may be singularly or concurrently
