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These Terms of Sale apply to the purchase and sale of products through this website. These Terms of Sale form part of and are incorporated by reference to the Terms of Use for this website.
Nuevo’s Account Registration Forms must be signed by an authorized signing authority for an account to be opened and prior to Nuevo’s confirmation of any orders.
You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
All prices, discounts, and promotions posted on this website are subject to change without notice. The price charged for a product will be the price advertised on this website and confirmed on your order confirmation (price tiers can change price after official registration) at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. Price increases will only apply to orders placed after the time of the increase.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price. Taxes will be itemized in your shopping cart and in your order confirmation email. Shipping and Handling will be determined based upon level of service at time of shipment. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order, unless credit terms are approved.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
Title and risk of loss pass to you upon our transfer of the products to the carrier at our warehouse dock in Cheektowaga, NY. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY; (ii) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OR CONDITION OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD PARTY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY; (ii) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OR CONDITION OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Nuevo shall not be liable for a breach of the warranties set forth in above unless: (i) you give written notice of the defective products, reasonably described, to us within 20 days of the time when you discover or ought to have discovered the defect; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty to examine such products, and you (if we so request) return such products to our place of business at your cost for the examination to take place there; and (iii) we reasonably verify your claim that the products are defective.
We shall not be liable for a breach of the warranty set forth above if: (i) you make any further use of such products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair such products without our prior written consent.
Subject to your compliance with the foregoing two paragraphs, with respect to any such products during the applicable warranty period, we shall, in our sole discretion, either: (i) repair or replace such products (or the defective part) or (ii) credit or refund the amounts paid by you for such products provided that, if we so request, you shall, at your expense, return such products to us.
THE REMEDIES SET FORTH ABOVE SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTIES SET FORTH ABOVE.
Nuevo’s Minimum Advertised Price (MAP) Policy is provided by an item specific price listing. The MAP price listing can be requested as a PDF file from your Sales Representative. MAP Prices and Policies are subject to change.
Nuevo’s MAP Policy is designed to provide a clear and effective method for all Nuevo Customers and Partners to succeed. The MAP Policy is also designed to protect Nuevo’s intellectual property, Nuevo’s brand, Nuevo’s Customers’ competitiveness and adheres to industry norms.
This policy only applies to ‘advertised’ price and not to the setting of prices. As such, it does not apply to point of sale pricing and in-store marked pricing.
MAP Policy:
First Offense: The offending Nuevo Customer will receive written notice of violation and will be provided 48 hours to correct all violations.
Second Offense: The offending Nuevo Customer will have their account(s) put on hold and will be provided 48 hours to correct all violations.
Third/Additional Offense: The offending Nuevo Customer will have their account put on hold and all orders canceled. The offending Customer Account may be closed after an internal review. The offending Nuevo Customer must adhere to all required terms and conditions when an account is closed, including but not limited to; the return of all Intellectual Property, cessation of use of any Intellectual Property and the termination of access to Nuevo’s on-line services.
Many products sold by Nuevo are Commercially Viable.
Commercially Viable means the products are designed and constructed of materials suitable for commercial application.
Terms and Conditions: