Terms and Conditions



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    <h1>Terms and Conditions</h1>
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        Welcome to NISCHAIN.COM.
        Please read the following terms and conditions carefully. Entering into this Website
        indicates that you have reviewed the website (“Website”) Terms and Conditions of use and
        have agreed to be bound by these terms that govern your use of and purchase of products
        from this website (the "Agreement"). Please note that your use of this Website constitutes
        your unconditional agreement to be bound by these Terms and Conditions without
        modification. Those who choose to access this Website from locations other than the United
        States do so, on their own initiative and are responsible for compliance with local laws to
        the extent applicable.
        RIGHT TO MODIFY OR MAKE CORRECTIONS TO WEBSITE:
        This Website is owned and operated by National Industrial Supply Company, Inc. (“the
        Company”). The Company reserves the right to modify these Terms and Conditions at any
        time without prior notice. The Company may change, move, or delete portions of, or may
        add to, this Website from time to time in its sole discretion. Your use of this Website
        following any such change constitutes your unconditional agreement to follow and be bound
        by these Terms and Conditions as changed. From time to time there may be information on
        the Website that contains typographical errors, inaccuracies, or omissions that may relate to
        product pricing or product descriptions. You acknowledge that any reliance on any such
        information, statement, and document shall be at your sole risk. The Company reserves the
        right in its sole discretion to correct any errors, inaccuracies, or omissions and to change or
        update information at any time without prior notice (including after you have submitted your
        order).
        Contents of this website:
        You may not create a link to any page of this website without our prior written consent. If
        you do create a link to a page of this website you do so at your own risk and the exclusions
        and limitations set out above will apply to your use of this website by linking to it. All
        materials, including images, text, illustrations, designs, icons, photographs, and written and
        other materials that are part of this Website (the "Contents") are intended solely for the use
        of our Customers. You may make use of the Contents and other items displayed on this
        Website for the sole purpose of placing an order with the Company or for purchasing the
        products sold by the Company. No right, title or interest in any of the Contents used by you
        is transferred to you as a result of any use of this Website. You may not reproduce publish,
        transmit, distribute, display, modify, create derivative works from, sell or participate in any
        sale of or exploit in any way, in whole or in part, any of the Contents, the Website, or any
        related software. All software used on this Website is the property of the Company or its
        suppliers and is protected by U.S. and international copyright laws. The Contents of this
        Website may be used only as a shopping resource. Any other use, including the
        reproduction, modification, distribution, transmission, republication, display, or performance
        of the Contents on this Website is strictly prohibited.
        Copyrights & Trademarks:
        Unless otherwise noted, all Contents are copyrights, trademarks, trade dress, and/or other
        intellectual properties (collectively, the "Marks") owned, controlled, or licensed by the
        Company collectively, one of its affiliates, or by third parties who have licensed their
        materials to the Company and are protected by U.S. and international copyright laws. The
        compilation (meaning the collection, arrangement, and assembly) of all Contents on this
        Website is the exclusive property of the Company and is also protected by U.S. and
        international copyright laws.
        The Company and its suppliers and licensors expressly reserve all intellectual property
        rights in all text, programs, products, processes, technology, content, and other materials
        which appear on this Website. Access to this Website does not confer and shall not be
        considered as conferring upon anyone any license under any of the Company's or any third
        party's intellectual property rights. The use of the Company Marks or those of third parties
        who have licensed their Marks to the Company is strictly prohibited. It is a violation of
        Federal and international law to use this Website in any manner other than as presented
        herein.
        LIMITED WARRANTY AND TERMS AND CONDITIONS OF PURCHASE:
        By placing your order for the products sold on this Website, you (also referred to as
        “Customer”) agree to the following: You understand that the use of the products sold on this
        Website requires care and frequent inspection of the product for safety, wear and tear and
        any required maintenance. You understand that the products sold on this Website should
        only be used in accordance with the instructions and care requirements of the product. The
        Customer should regularly check the product for wear and tear and no product with signs of
        wear should be used for any purpose.
        LIMITED WARRANTY:
        The products sold on this Website may be subject to limited warranties extended by the
        product manufacturer. No additional warranty is extended by the Company. Any Limited
        Warranty extended by the original manufacturer of the product(s) is given to you in lieu of all
        other warranties express or implied. This Limited Warranty gives Customer specific legal
        rights and you may also have other rights which vary from state to state in the United States
        and from country to country elsewhere in the world.
        ASSUMPTION OF RISK:
        YOU FULLY UNDERSTAND that: (a) USE OF LIFTING PRODUCTS IS AN ACTIVITY
        THAT INVOLVES RISK AND DANGER of serious bodily injury, including permanent
        disability, paralysis and death (“Risks”); (b) these Risks and dangers may be caused by
        your own actions, or inactions, the actions or inactions of others participating in the activities
        or the condition in which the activity takes place; (c) there may be other risks and social and
        economic losses either not known to Customer or not readily foreseeable at this time; and
        (d) YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY
        FOR LOSSES, INJURIES, COSTS, AND DAMAGES YOU incur, or may incur, as a result of
        the use of the products sold on this Website.
        DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDY:
        EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, AND TO THE EXTENT
        ALLOWED BY LOCAL LAW, THE COMPANY, NATIONAL INDUSTRIAL SUPPLY
        COMPANY, INC. PROVIDES NO WARRANTY WITH REGARD TO THE PRODUCT YOU
        ARE PURCHASING AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF
        MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY
        OTHER WARRANTY, WHATSOEVER, EXPRESS OR IMPLIED. CUSTOMER’S
        EXCLUSIVE REMEDY FOR LOSS OR DAMAGE RESULTING FROM THE PRODUCT
        YOU ARE PURCHASING, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY
        THE COMPANY, SHALL BE LIMITED TO THE LIMITED WARRANTY EXTENDED BY THE
        MANUFACTURER OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY BE
        LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER
        OR NOT FORESEEABLE, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE),
        CONTRACT, OR OTHERWISE. FURTHER, IN ADDITION TO ANY OTHER LIMITATIONS
        CONTAINED HEREIN, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER
        DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, SPECIAL, INCIDENTAL OR
        CONSEQUENTIAL WHETHER BASED IN CONTRACT OR IN TORT BASED OR ON ANY
        OTHER BASIS INCLUDING NEGLIGENCE.
        RELEASE AND INDEMNITY:
        With the exception of the rights arising from the Limited Warranty set forth above, Customer
        hereby agrees to indemnify and hold the Company, National Industrial Supply Company,
        Inc. (all references to “the Company” in this paragraph shall include National Industrial
        Supply Company, Inc., its employees, agents, servants, insurers and representatives)
        harmless of and from any claims related to any personal injury or property damage, which
        indemnity shall include any attorneys’ fees or costs incurred in connection with defense of
        claims for personal injury or property damage, in any way arising from or related to this
        purchase by Customer. Customer hereby releases and discharges the Company of and
        from all liability, claims, personal injuries, demands, losses or damages to Customer or to
        third parties account caused or alleged to be caused, in whole or in part, by the use of the
        products purchased by Customer (“Damages”), including any Damages based upon the
        negligence of the Company. Customer covenants and agrees not to sue the Company for
        any Damages. Customer further agrees that if, despite the promises contained in this
        Agreement, Customer, or anyone on Customer’s behalf, makes a claim of any kind against
        the Company, Customer shall indemnify, defend and hold the Company harmless of any
        from any Damages claimed against the Company and any litigation expenses, attorneys’
        fees, loss, liability, or cost which the Company may incur as a result of such claim, to the
        fullest extent permitted by law.
        PRICING, SHIPPING AND RETURN OF GOODS:
        All pricing is in United States Dollars. Payment is required at point of purchase unless other
        arrangements have been made in advance with the Company. Pricing is subject to change.
        For orders shipped within the USA please allow 5-10 business days for delivery. For
        overnight orders please call for information. Any custom products that are made-to-order
        and will require additional time for construction. Returned Goods – Any returns must be
        made within 5 days of date of purchase. Please do not return goods without prior
        authorization. Your copy of the packing list/sales slip must accompany the returned goods.
        Goods must be as sold, in unused condition, in the original packaging. We reserve the right
        to charge a 25% restocking charge on any returned items. We may not accept, as returned
        goods, material that has been customized, or specially fabricated to a customer’s
        specifications. Special factory orders are subject to return only if the factory will accept them
        back and these orders are subject to restocking and transportation costs.
        LINKS TO OTHER WEBSITES CONTAINED ON THIS WEBSITE:
        This Website may include links to Internet sites owned or operated by entities other than the
        Company. By using this Website you acknowledge that the Company is not responsible for
        the availability of, or content on, or accessed through, any external site, or access through
        any external site, nor does the Company intend such site to be a referral by the Company or
        an endorsement of the products or entities operating such external sites. We do not monitor
        or review the content of other party’s websites which are linked to from this website.
        Opinions expressed or material appearing on these websites are not necessarily shared or
        endorsed by the Company and the Company should not be regarded as the publisher of
        such opinions or material. Please be aware that we are not responsible for the privacy
        practices, or content, of any third party sites.
        GOVERNING LAW, JURISDICTION AND WAIVER OF JURY:
        The terms and conditions of this Agreement shall be governed by and construed in
        accordance with the laws of the State of Michigan. You agree to submit to the exclusive
        jurisdiction of the State and Federal Courts of the State of Michigan with jurisdiction and
        venue solely in Oakland County, Michigan, and you further agree to submit to personal
        jurisdiction of the these Courts for the purpose of litigating any claim or action in any
        manner related to any purchase you make from the Company or in any manner arising from
        the use of this Website. IN THE EVENT OF ANY LITIGATION ARISING OUT OF, OR TO
        ENFORCE THIS AGREEMENT, EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO
        TRIAL BY JURY OF ANY SUCH ACTION.
        SEVERABILITY AND ENTIRE AGREEMENT:
        The invalidity in whole or in part of any of these terms and conditions shall not affect the
        validity or enforceability of any other term or condition. This document contains the entire
        agreement between the parties with respect to the purchase by Customer of the products
        sold by National Industrial Supply Company, Inc. on this Website. None of these Terms and
        Conditions can be modified by the Customer without the express written consent of the
        Company.
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