Standard Terms & Conditions for the use of Nupi/Niron Products
Eastern – Eastern Industrial Supplies, Inc. and its affiliates, officers, directors, partners, employees, and consultants.
Product(s) – any and all Nupi/Niron products or goods provided by Eastern.
User(s) – any direct or indirect user of Nupi/Niron Products or goods provided by Eastern.
Terms and Conditions:
User(s) of Nupi/Niron Product(s) acknowledge and agree that Eastern is only a distributor of said Products and not the manufacturer.
All pipe orders and fabricated and non-stock fitting orders are non cancellable and non-returnable. Stock fittings that are in fully resalable condition and have been stored inside may be returned, subject to a 30% restocking charge at the original invoiced price. All electrofusion fittings must be in original unopened package to be eligible for return. Returns for fittings must be pre-approved in writing by Eastern prior to returning. Freight cost for the return is not included and must be paid by the company requesting the return.
No price list, literature, catalogue, website or other material describing our Products is to be construed as an offer to sell same. Orders are subject to acceptance by us at our local Eastern branch location. Your order, when shipped by us, shall be the complete contract between us, subject to and incorporating therein, the terms and conditions, herein set forth, and any provisions or terms contained in the order submitted to us that are not consistent with our terms and conditions shall not be valid. Prices and discounts contained in any of our price lists or posted on our website are subject to change without notice.
Limited Warranty and Disclaimer:
THERE ARE NO EXPRESS WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. EASTERN DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. BECAUSE EASTERN IS ONLY ACTING AS A DISTRIBUTOR OF PRODUCTS MANUFACTURED BY OTHER COMPANIES, EASTERN EXPRESSLY LIMITS ITS WARRANTIES TO ANY WARRANTIES EXTENDED BY THE MANUFACTURER. NO WARRANTY WILL APPLY IF THE PRODUCTS ARE IN ANY WAY ALTERED OR MODIFIED AFTER DELIVERY OR USED OR INSTALLED WITHOUT PROPER CERTIFICATION. THE MANUFACTURER’S WARRANTY AND CONTACT INFORMATION MAY BE FOUND AT http://easternpowertech.com/terms-and-conditions/
Limitation of Liability:
To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of Eastern and Eastern’s officers, directors, partners, employees and consultants, and any of them, to the User and anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Products from any cause or causes shall not exceed the total compensation received by the Eastern under this Agreement, or the total amount of $500.00, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. In no event shall Eastern be liable for any removal, downtime, cleanup, remediation, loss of use, loss of opportunity, loss of market value, loss of rental value, loss of profits, loss of production, or other special, incidental, resulting, consequential or exemplary damages.
User shall indemnify, hold harmless and defend Eastern from and against all claims, costs, damages, injury, liability, losses, including attorneys‘ and other legal fees, charges or expenses, whether for injury to person (including death and intentional torts), damage to property or otherwise attributed to the Products, made against or suffered or incurred by Eastern as the result of (i) any breach of this Agreement or any representations, warranties or covenants contained herein, (ii) the negligence or willful misconduct of User or any of its employees; (iii) any warranty claims made related to the Products; or (iv) the use of the Products.
Shipping Dates – Delays – Shortage Claims:
Promises of shipping dates are estimates, and as such cannot be guaranteed. Eastern will not be liable for any delay in delivery. Any claims for shipping errors, shortages or defects must be made to Eastern within 24 hours of receipt of the goods. Buyer shall be required to make timely payment to seller of any amount which is undisputed, or not subject to such claims.
Any sales or manufacturers’ taxes are to be paid by the buyer, including those imposed under any future statutes.
Nupi Americas Contact Information
NUPI/NIRON LIMITED WARRANTY:
Nupi Americas warrants that products sold by it which are included in its NIRON Piping System shall be of good materials and workmanship and free from functional defects for a period of thirty (30) years from the date of sale, excepting valves, gaskets and o- rings; products other than pipes and fittings shall be of good materials and workmanship and free from functional defects for a period of one (1) year from the date of sale; provided that such products are properly installed in accordance with the specifications and published instructions of Nupi Americas by qualified installers who have been trained and certified by Nupi Americas or its authorized representatives. These respective warranties shall become immediately null and void if the products to which they apply: (i) are employed in applications not recommended by Nupi Americas; (ii) are installed by anyone other than an installer trained by Nupi Americas or its authorized representatives; or (iii) are installed in a manner which fails to comply with written installation instructions of Nupi Americas.
In the event of a system malfunction or leak caused by defective Nupi Americas’ warranted materials (and not by incorrect installation, incorrect handling procedures or by job site or installation damage), a reasonable amount will be allowed for repair materials and repair labor as long as the amount is preapproved by Nupi Americas. In order to qualify for a warranty remedy described in the previous sentence, you must contact Nupi Americas in advance and receive a written authorization for this remedy from an authorized Nupi Americas’ representative. Repair materials, repair labor and freight expenses not authorized in writing in advance by Nupi Americas in this way will not be compensated. In the event of a leak occurring in a factory manifold, you may contact Nupi Americas for either a free replacement manifold or any parts that are reasonably needed to repair such a leak (freight prepaid). Note that Nupi Americas limits its warranty to its piping, valves and accessories, fittings and manifolds. Nupi Americas does not warrant the connection on any installation, as the integrity of the connection is subject to the workmanship of the contractor/installer. The connection is the sole responsibility of the company or person who installs it.
Evidence of tampering, mishandling, neglect, accidental damage, freeze damage or unauthorized repairs that cause damage to Nupi Americas’ warranted products will void any warranty coverage for those particular products. All field connections are specifically excluded from the terms of this warranty.
Nupi Americas provides a complete plumbing system offering so that it is possible to complete an installation with Nupi Americas’ products. However, it is possible that other manufacturers’ piping and/or fittings may be installed in any given installation. Providing that the piping and/or fittings are manufactured to the same ASTM and CSA standards governing Niron’s products, and have been certified by a recognized third-party testing agency, the NIRON product in the given installation will continue to be covered under this warranty. In the event of a system malfunction or leak that has other piping and/or fitting manufacturers’ components installed within the failed system, Nupi Americas will be responsible only for proven defects in material or workmanship in the Nupi Americas products. Products manufactured by another company should be reported to that manufacturer for its warranty response. These limited warranties are in lieu of all other warranties, express or implied, including, without limitation, those concerning merchantability or fitness for a particular purpose. These limited warranties are also in lieu of any other possible liabilities of Nupi Americas, whether alleged to have arisen by agreement or by operation of law, respecting the sale, installation, use or function of Nupi Americas’ products, including, without limitation, claims of negligence, gross negligence, strict liability or any other tort.
Nupi Americas Contact Information