NSC

Conditions of Use

Welcome to the Web site of National Service Center. This Web site (the "National Service Center Web Site" or the "Web Site") provides general information about National Service Center and its products (the "Products") and the services offered by or through National Service Center (the "Services") free of charge to users in the United States. Where appropriate, the term "National Service Center" refers both to National Service Center and its affiliates.

All users of the National Service Center Web Site are subject to the following terms and conditions of use (these "Terms of Use"). The Terms of Sale below are incorporated into these Terms of Use.

Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site in any way, including to place an order, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the National Service Center Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.

National Service Center may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the National Service Center Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to National Service Center or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the National Service Center Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of National Service Center. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of National Service Center, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the National Service Center Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with National Service Center or the applicable owner of such content. Except as expressly authorized by National Service Center in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site, the Services or any materials available through this Web Site.

ELIGIBILITY; AUTHORIZATION

Use of any part of the Services, Web Site or Products is void where prohibited. By using the Services, Products and/or Web Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you have the authority to agree to these Terms of Use; (e) your use of the Services, Products and/or Web Site does not and will not violate any applicable law, regulation or agreement; (f) your use of the Products will be in compliance with industry best practices and all applicable safety standards; and (g) all Products will be handled only by qualified individuals trained under state and federal guidelines, including OSHA regulations, and familiar with procedures suitable to the Products ordered.

If you are an individual and intend to use Products or Services purchased from National Service Center in performing your duties on behalf of a company or organization (the "Customer"), either as an employee or independent contractor and either directly for the Customer or in providing services at the direction of the Customer, these Terms of Use are also a binding agreement between National Service Center and the Customer, and you hereby represent and warrant that you have the authority to agree to these Terms of Use on the Customer's behalf, that you are agreeing to these Terms of Use on behalf of the Customer as well as yourself and that both you and the Customer are bound by the terms of these Terms of Use (you and the Customer being referred to herein individually and collectively as "you").

ACCESS AND INTERFERENCE

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Web Site, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of National Service Center, (c) use any device, software or routine that interferes with the proper working of the Web Site, (d) attempt to interfere with the proper working of the Web Site, (e) take any action that imposes an unreasonable or disproportionately large load on National Service Center's infrastructure, or (f) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

TRADEMARKS

The National Service Center name, the NSC NATIONAL SERVICE CENTER mark and the National Service Center logo and all related names, logos, product and service names, designs and slogans are trademarks of National Service Center and/or its affiliates. You may not use such marks without the prior written permission of National Service Center. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

TERMS OF SALE FOR ONLINE PURCHASES

In addition to the other terms in these Terms of Use, all purchases from the National Service Center Web Site are governed by the following:

  1. ALL SALES ARE EXPRESSLY CONDITIONAL UPON AND LIMITED TO THE TERMS IN ANY EXISTING WRITTEN AGREEMENT BETWEEN YOU AND NATIONAL SERVICE CENTER THAT EXPRESSLY APPLIES TO THOSE SALES, THESE TERMS OF USE AND THE TERMS ON THE FRONT AND BACK OF YOUR SALES CONFIRMATION. NO ADDITIONAL OR DIFFERENT TERMS APPLY UNLESS EXPRESSLY AGREED TO IN WRITING BY NATIONAL SERVICE CENTER. NATIONAL SERVICE CENTER HEREBY GIVES NOTICE OF ITS OBJECTION TO ANY DIFFERENT OR ADDITIONAL TERMS AND SUCH ADDITIONAL TERMS SHALL NOT APPLY.
  2. Unless expressly stated otherwise in the sales confirmation, all sales are F.O.B. point of shipment and you bear all risk of loss after tender of delivery. Each shipment or delivery shall be considered a separate and independent transaction.
  3. Shipping dates given in advance of actual shipment are only estimates. National Service Center has no liability for failure to perform or delay in performance hereunder resulting from any cause beyond National Service Center's reasonable control, including without limitation, fire or other casualty, labor disputes, transportation difficulties, delays in or unavailability of National Service Center's customary supply sources or major changes in economic conditions.
  4. National Service Center reserves the right to require full payment in cash before entering or fulfilling an order, or manufacturing, shipping, or delivering any goods or services purchased via the Web Site if National Service Center is uncertain as to whether you will be able to fulfill your payment obligations.
  5. An order placed via the Web Site may be cancelled by you only if National Service Center agrees thereto in writing. In addition, such order will be cancelled only upon payment of reasonable charges by you for expenses already incurred and commitments already made by National Service Center to fulfill the order.
  6. The prices listed on the Web Site do not include any sales, use, or other taxes or charges payable to state or local authorities. Any such taxes or charges now or hereafter imposed with respect to sales or shipments for orders placed via the Web Site will be added to the invoice and you agree to reimburse National Service Center for any such taxes or charges. National Service Center reserves the right to change prices at any time prior to shipment. Promotional programs and special offers are subject to modification or cancellation at National Service Center's discretion.
  7. Unless expressly stated otherwise in the sales confirmation, payment in full is due within 30 days from date of invoice.
  8. No sales representative of National Service Center has any express or implied authority to alter, vary, or waive any of the terms or conditions of sale which appear on the sales confirmation.
  9. You acknowledge that it is your responsibility to inspect the goods promptly for conformity to the contract sale. To be effective, notice to National Service Center of concealed damage or any nonconformity in the quality of the goods must be made in writing specifying the nonconformity claimed and be received by National Service Center within fifteen (15) days of delivery of the goods to you. Defective equipment must be evaluated by the manufacturer. If National Service Center or the manufacturer deems that the part is malfunctioning, either a replacement will be provided or a credit will be issued upon evaluation. Whether a replacement or credit is provided in accordance with the preceding sentence shall be determined solely by National Service Center or the manufacturer. National Service Center is not responsible for freight charges or other costs arising from the return and replacement of defective goods. Any equipment that is in working condition that is shipped by you to National Service Center will be returned to you and you will be responsible for any associated charges or replacements purchased.
  10. Return of goods for reason other than non-conformity or defect are subject to the following conditions:
    1. Except as otherwise specified below, any orders may be returned within thirty (30) days of the date of shipment from National Service Center. You are responsible for a twenty (20) percent restocking fee for each item returned.
    2. Any boards, power supplies, and special order items purchased are non-returnable unless determined to be defective by the manufacturer.
    3. National Service Center is not responsible for advice provided from any technical help desk, including its own.
  11. In the event you default in payment, you shall be liable for all collection costs incurred by National Service Center, including but not limited to attorney and collection agency fees.
  12. In the event you do not make a payment on or before its due date, the past due amount is subject to a service charge of one and one-half (1 1/2) percent per month.
  13. Minimum order requirement amount of $100. All credit card sales are subject to a 3% service charge. National Service Center will make reasonable efforts to prepare orders placed for in-stock items before 4:00 PM Eastern Time for immediate shipment. Stock items with a parts description that includes multi-pack will be broken up and sold individually.

ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your Login ID and password and the Customer password (collectively, your "Passwords"). You, both individually and the Customer, are fully responsible for all purchases and other activities that occur under the Passwords. You agree to (a) immediately notify National Service Center of any unauthorized use of any Customer Login ID or Password or any other breach of security or confidentiality, and (b) ensure that you exit from your account at the end of each session. National Service Center will not be liable for any loss or damage arising from your failure to comply with this provision or any other term of these Terms of Use. Further, National Service Center is not liable for any harm related to theft of any Login ID or Password or your authorization of another person or entity to use any Login ID or Password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record any Login ID, Password or other personal information.

CURRENT INFORMATION REQUIRED

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PURCHASES, CUSTOMER ACCOUNT AND PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR CUSTOMER ACCOUNT AND PAYMENT METHOD INFORMATION CURRENT, COMPLETE AND ACCURATE, AND YOU MUST PROMPTLY NOTIFY NATIONAL SERVICE CENTER IF YOUR PAYMENT METHOD IS CHANGED OR CANCELED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR LOGIN ID OR PASSWORD. CHANGES TO SUCH INFORMATION SHOULD BE MADE ON THE APPROPRIATE PAGE OF THE WEB SITE. IF YOU FAIL TO PROVIDE NATIONAL SERVICE CENTER ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT NATIONAL SERVICE CENTER MAY CHARGE YOU DIRECTLY THROUGH YOUR PAYMENT METHOD. NATIONAL SERVICE CENTER RESERVES THE RIGHT NOT TO PROVIDE PRODUCTS OR SERVICES ORDERED BY YOU IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION OR YOUR PAYMENT METHOD IS CHANGED OR CANCELED.

DEALINGS WITH OTHER MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site you acknowledge and agree that National Service Center is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that National Service Center will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Web Site.

LIABILITY OF NATIONAL SERVICE CENTER AND ITS LICENSORS

National Service Center does not assume any liability for the materials, information and opinions provided on, or available through, the National Service Center Web Site (the "Site Content"). Reliance on the Site Content, the Products and the Services is solely at your own risk, except as otherwise specifically agreed by National Service Center in writing. National Service Center disclaims any liability for injury or damages resulting from the use of any Site Content, the Products or the Services.

THE GOODS SOLD HEREUNDER ARE THE PRODUCTS OF MANUFACTURERS OTHER THAN NATIONAL SERVICE CENTER OR ITS SUBSIDIARIES OR AFFILIATED COMPANIES. NATIONAL SERVICE CENTER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING SUCH PRODUCTS. THE NATIONAL SERVICE CENTER WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER NATIONAL SERVICE CENTER NOR ANY PERSON ASSOCIATED WITH NATIONAL SERVICE CENTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE NATIONAL SERVICE CENTER WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER NATIONAL SERVICE CENTER NOR ANYONE ASSOCIATED WITH NATIONAL SERVICE CENTER WARRANTS OR REPRESENTS THAT THE NATIONAL SERVICE CENTER WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE NATIONAL SERVICE CENTER WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE NATIONAL SERVICE CENTER WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NATIONAL SERVICE CENTER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INTELLECTUAL PROPERTY INFRINGEMENT.

IN NO EVENT WILL NATIONAL SERVICE CENTER OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE NATIONAL SERVICE CENTER WEB SITE, THE SITE CONTENT, PRODUCTS OR SERVICES OR ANY SERVICES PROVIDED ON OR THROUGH ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE NATIONAL SERVICE CENTER WEB SITE OR THE SITE CONTENT, PRODUCTS OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY NATIONAL SERVICE CENTER AND WHETHER OR NOT NATIONAL SERVICE CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You agree that any claim of any kind by you based on or arising out of these Terms of Use or otherwise related to the Products or Services shall be barred unless asserted by you by the commencement of an action within twelve (12) months after the date of delivery of the Products or Services or the date of the action or inaction that gives rise to such claim or cause of action.

INDEMNIFICATION

You agree to indemnify and hold harmless National Service Center and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the National Service Center Web Site or the delivery of Products or Services or information over the National Service Center Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any use of the Customer Login IDs and Passwords, any violation by you of these Terms of Use or your use of the National Service Center Web Site, Products or Services or of any products, services or information obtained from or through this Web Site.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

National Service Center's use of your personal information and your responsibilities in connection with protecting your privacy are described in the National Service Center Privacy Policy [hyperlink], which is incorporated by reference into these Terms of Use.

COMMENTS AND SUBMISSIONS

National Service Center welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by National Service Center or its advertisers or business partners in response to solicitations on this Web Site will become National Service Center's property and you agree that all intellectual property rights therein are transferred to National Service Center. You understand that any postings, or content submitted for posting, to publicly available portions of the National Service Center Web Site are non confidential for all purposes.

LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

The National Service Center Web Site contains links to other Web sites on the Internet. National Service Center is not responsible for and does not endorse the content, products, services or practices of any third party Web sites, including, without limitation, sites framed within the National Service Center Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites.

COMPLIANCE

The owner of this Web Site is based in the State of South Carolina, USA. National Service Center makes no representation that materials on this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

CONTACT

Please contact us at Marketing Manager, 800-500-6421, info@nationalservicecenter.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of South Carolina, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the National Service Center Web Site or the Products or Services shall be in the state or federal courts located in or near South Carolina. You agree to submit to the jurisdiction of such courts.

Except as otherwise agreed by National Service Center in writing, these Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and National Service Center with respect to the National Service Center Web Site and all Products and Services, and no terms that may have been communicated to you orally shall have any force or effect. Any cause of action you may have with respect to the National Service Center Web Site, the Products and the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

National Service Center's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and National Service Center nor any trade practices shall be deemed to modify these Terms of Use.