Terms and Conditions

Updated: Sept/1st/2016  |  Nominal Controls Inc.

The following Terms and Conditions, together with our Privacy Policy  are terms of a legal agreement set between you, Nominal Controls Inc. as well as related entities in relation to your access to and use of our website and the supply of goods ordered online. By accessing, browsing, using or ordering from our website, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions. 

 

Buyers

        You may buy goods offered on our website by completing the order process. However, you are required to be at least 18 years of age. By placing an order on our website, you confirm that you are at least 18 years of age and that all the information you provide us is truthful, accurate, complete and not misleading.

        You agree to trade with us in good faith and in compliance with all the applicable laws and regulations. If we do not consider that you have dealt with us in good faith or have otherwise breached any laws and regulations applicable, we may upon notification cancel your order and return your payment less any expenses incurred.

Orders

        All orders are subject to our acceptance at our discretion. Once you have submitted an order, it cannot be modified or cancelled online. Please contact us immediately if you wish to cancel or modify your online order; no changes can be made once your order is shipped out.

 

Special Offers

        Special offers in relation to our products will be offered from time to time and may be terminated without advance notice. If you have submitted your order prior to termination of our special offers, your prices will not be affected for up to 30days. Please see Pricing & Payment for more details. 

Title

        Goods remain our property until your full payment has been accepted and received.

 

Pricing & Payment

  1. We use USD as the standard currency for all of our prices.

  2. Prices do not include delivery charges and taxes/duties. All products are subject to applicable taxes/duties.

  3. Our prices may require minor adjustments from time to time and it may happen without notification.

  4. If you have submitted an order but have not yet paid for the products, your prices will not be affected by any changes for up to 30 days from the time your order was placed.

  5. Currently we accept credit card, Paypal, cheques and wired bank transfer as methods of payment.

  6. For online credit card payment system on our website, we use an official third party transaction service provider. Other than pre-authorized VISA and MasterCard payments, we cannot guarantee their acceptance of other cards (eg. American Express, pre-paid credit cards). If you are experiencing issues with American Express or pre-paid cards, you may wish to try the same credit card again by using “PayPal Checkout” option and select “Don’t have a PayPal account”.

  7. Pre-authorization will be placed on your credit card when your order is confirmed. The actual amount will be charged when your order or partial order is ready for delivery.

 

Availability

        We have an online stock keeping system in place that actively monitors and updates the latest inventory. However the presented data may not be real-time as manual updates are often required for inventory changes processed offline. Feel free to contact us directly for the immediate availability or delivery of our products.

        If we become aware of any inventory issue affecting your order, it will be communicated to you along with possible alternatives before your payment is accepted and confirmed. If a product you are seeking is out of stock (displayed in gray), please let us know. We will reply you with the latest availability information as well as any proposed substitutions or alternatives.

 

Delivery

  1. Once your online order has been submitted, processing will typically be made within 1-3 business days unless otherwise informed.

  2. When your order is shipped via any of our shipping service providers, you may receive an email with any available tracking and shipping details.  

  3. Once your shipment is in physical possession of the shipping company, circumstances affecting its delivery will be beyond our control. As a result we cannot guarantee if your shipment will be delivered as planned and scheduled.

  4. For reasons stated above, we cannot be responsible for lost times and work. We recommend that you plan and make orders well in advance, or contact us in advance to facilitate a faster delivery service.

  5. We will inform you right the way if we become aware of any delays affecting your shipment.

  6. Delivery charges are computed based on weight, size, service type and destination to maximize fairness.

  7. You may choose to have your order picked up locally at our locations. Please contact us to make arrangements.

  8. You may request rush/priority shipping or alternative shipping methods. Please contact us to make arrangement.

  9. You may request your preferred shipping service provider and methods. We will do our best to accommodate your request, however we cannot guarantee it.

  10. Delivery will be made to address specified in the online order within North America and UK. For all other locations, please contact us to place direct orders.

  11. If you are unable to accept the delivery at the specified address then the goods may either be temporarily transferred to a withholding center, returned back to us at our cost, or forfeited at our discretion if the shipment value is less than return shipping cost.

  12. If your order is returned back to us because you have failed to accept, then you may #1) request a refund for the amount less any cost incurred. #2) request a re-delivery and pay for the necessary shipping fee again.

  13. If a delivery signature is requested, it has to be signed by you.  If you are unable to provide your signature, then a related party may sign on your behalf to confirm that your order has been received.

  14. Once you receive your shipment, examine, document and report to us any shipping damage within 72hours of the delivery time to ensure prompt investigation and refund/replacement process.

 

Disclaimer

Errors

        From time to time there may be errors on our website such as wrong pricing, wrong descriptions and product offers that are not available or are no longer available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a payment was charged. If your payment is accepted and we cancel the order, we will notify you and refund the full amount.

 

Entire Agreement

        These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior agreements and or understandings of the parties. These Terms of Use may not be altered, supplemented, or amended unless by additional agreement agreed upon and put into writing by both parties. All other attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms and Conditions, the above Terms and Condition shall take precedence.

 

Third-Party Material

        Our website may contain links or references to or from third party websites or display materials sourced from third-parties including customers and suppliers. Nominal Controls is not responsible for and does not endorse: (a) the content of Linked Website or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Website or any Third Party Material; or (c) any goods or services offered via Linked Websites. We do not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Websites. We are not a party to or responsible for any transactions you may enter into with third parties, regardless if you had learn of such parties (or use a link to such parties) through our website.

 

 

Intellectual property

        Material and content displayed on or comprised by our website, including text, graphics, logos, icons, images, layout, software or other downloadable material is subject to copyright owned by us and our suppliers. Materials and contents are protected by the Copyright Act of Canada and other international copyright laws. Brands, names, images and logos displayed on our website may be registered trademarks of our company as well as our suppliers; they are protected by Canadian and international trade-marks laws and regulations. Nothing contained on this website should be construed as granting any license or right to use any trade mark (registered or unregistered) used on this website. You may access, display, download and print portions of this website for non-commercial use or for good faith commercial dealings with us, and subject to these Terms. This permission is subject to you not modifying or republishing content displayed on our website, keeping intact all copyright, trademark and other proprietary notices, and any additional restrictions or express exceptions displayed on our website. Any other use of material on this website including the reproduction, modification, distribution, transmission, re-publication or display of the content on our website is strictly prohibited.

 

High-Risk and Military Applications

        Our products are not intended for the use of any of the following applications: high-risk applications such as life support, surgical implant, nuclear or aircraft applications, or for any application in which the failure of a single component could cause catastrophic property loss or substantial personal injuries; or for any military or weaponry use including but not limited to chemical, nuclear, biological, aircraft, missile and similar applications. Customer must receive explicit approval from us for the use of our components in the above areas. Otherwise customers assumes all risk and liability for use of  company’s products in any such applications and agrees to defend, indemnify and hold both the company and the manufacturer of the products harmless against all losses, liabilities, claims and damages that may arise due to use of our products in any of the above mentioned high-risk/military applications.

 

Product warranties

        We make no guarantees that our goods will be fit for any particular purpose for which you may be buying the goods for, except as otherwise provided in this agreement and we disclaims all other warranties and conditions, expressed or implied. Products sold by our company are warranted by the manufacturer for the period explicitly stated after date of the dispatch. Copies of the manufacturer’s warranty terms and conditions are also available prior to the purchase of products by contacting us. There are no warranties for value added services, services bundled with our products or other services provided by the company. We make no other warranties, guaranties and any and all implied warranties of merchantability, title and fitness for a particular purposes are hereby disclaimed. Customer is responsible for installation and use of product purchased in accordance with manufacturer’s instructions. We shall not be responsible for customer’s improper selection, misuse or any unintended use of a product for a particular application or otherwise. No warranty will apply if the products are in any way altered or modified after delivery by the Company.

Limitation of liability

        To the extent legally permitted by law, in no event will we and our directors, officers, agents, employees, or affiliated members be liable to any party for any claims, losses, costs, expenses or damages whatsoever either direct, indirect, incidental, special, exemplary or consequential arising out or in connection of this website, content contained therein or the access to or use thereof. We shall not be liable to you or any third parties for any claims, losses, costs, expenses or damages even if we have been expressly advised of such possibility arising out or in connection the use of our website or any other website in which it is linked, including without limitations: i) Losses of profits or savings; ii) failure of performance, delays, interruptions, communication line or systems failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, material, messages, or instructions between you and our party and/or which prevent information, material, messages or instructions from being transmitted in whole or in part or agreements from being formed between you and our party; iii) your inability to access or use, at any time, any part of this website or any content, products or services provided on it; iv) any harm or loss to your records or data on your personal computer or devices alike, howsoever caused, including by viruses, worms, trojans or other similar intrusive, disruptive or destructive programs or files; v) interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including any personal information; vi) any damages or loss of property or personal injury (including death); or losses of other kinds and character; vii) our failure to take corrective measures.

         

      This exclusion and waiver of liability applies to any claim for loss or damage arising out of this agreement or from the performance or breach of this agreement or connected in any manner with the supplying of any products or services hereunder, or the sale, resale, operation or use allocable to such products or part hereof involved in the claim, whether based on contract, warranty, tort (including negligence and for property damage and death), or any other legal basis. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability shall not in any event exceed the price allocable to such products or part thereof involved in the claim.

Indemnity

        You agree to indemnify, defend, and hold us, our directors, officers, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.

 

Update to Terms

        We may update our Terms and Conditions from time to time by posting the latest version on our website. You are welcome to visit this section regularly to keep up to date on our latest Terms and Conditions. Any changes or updates from the previous terms will be logged by us. In case of any updates, the updated terms and condition will only apply to goods ordered after the update had taken effect.

 

Contact Us

        If you have any questions, concerns or comments after having review our above terms and conditions, please do not hesitate to reach us at contact@nominalcontrols.com or via our contact form.

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