Welcome to NAMI Pennsylvania Delivery Statement and Terms of Sale
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For items delivered in the mail, please read our terms of sale and delivery policy below... we strive to complete each order to your satisfaction.
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NAMI Pennsylvania, Inc. (“NAMIPA”) Terms and Conditions of Sale
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY
ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY
DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND
REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN NAMIPA’S INVOICE
OR OTHER NAMIPA DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS
THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND NAMIPA HAVE SIGNED A
SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and NAMIPA.
Customer accepts these terms and conditions of sale by making a purchase, placing an order or
otherwise shopping on NAMIPA's Website (the "Site"). These terms and conditions of sale are subject
to change without prior notice, except that the terms and conditions of sale posted on the Site at the
time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and NAMIPA
relating to the terms and conditions of sale of products and services on the Site. Customer consents
to receiving electronic records, which may be provided via a Web browser or e-mail application
connected to the Internet; individual consumers may withdraw consent to receiving electronic records
or have the record provided in non-electronic form by contacting NAMIPA at the address provided
below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms
and conditions contained in any such purchase order will be null and void. Customer agrees that the
terms and conditions of sale contained herein and in NAMIPA’s invoice or other documentation will
control. No course of prior dealings between the parties and no usage of trade will be relevant to
determine the meaning of these terms and conditions of sale or any purchase order or invoice related
thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY
THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE
BROUGHT IN DAUPHIN COUNTY, PENNSYLVANIA AND CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN DAUPHIN COUNTY,
PENNSYLVANIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO
CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL
JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides NAMIPA with Customer’s carrier account number or selects a carrier other than a
carrier that regularly ships for NAMIPA, title to products and risk of loss or damage during shipment
passes from NAMIPA to Customer upon shipment from NAMIPA’s facility. For all other shipments, title
to products and risk of loss or damage during shipment passes from NAMIPA to Customer upon
receipt by Customer. Title to software will remain with the applicable licensor(s). NAMIPA retains a
security interest in the products until payment in full is received. Customer will be responsible for all
shipping and related charges.
Export Sales
If this transaction involves an export under the Export Administration Regulations, the commodities,
technology and/or software sold or distributed under these terms and conditions of sale exported from
the United States by NAMIPA were exported in accordance with the Export Administration Regulations.
Diversion, use, export or re-export contrary to United States law is prohibited. The commodities,
technology and/or software sold or distributed under these terms and conditions of sale may not be
exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and
persons that are ineligible under United States law to receive United States commodities, technology
and/or software. In addition, manufacturers' warranties for exported products may vary or may be null
and void for products exported outside the United States.
Warranties
Customer understands that NAMIPA is not the manufacturer of the products purchased by Customer
hereunder and the only warranties offered are those of the manufacturer, not NAMIPA. In purchasing
the products, Customer is relying on the manufacturer’s specifications only and is not relying on any
statements, specifications in brochures, photographs or other illustrations representing the products
that may be provided by NAMIPA. In connection with services, neither affiliates of NAMIPA nor third
party service providers are agents of NAMIPA and NAMIPA has no obligation or liability arising from
any services performed by or any warranty, if any, made by, such service providers. NAMIPA AND ITS
AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,
RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF
NAMIPA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local
access provider for details.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to
53Kbps.
Pricing Information; Availability Disclaimer
All pricing is subject to change. NAMIPA reserves the right to make adjustments to pricing, products
and service offerings for reasons including, but not limited to, changing market conditions, product
discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All
orders are subject to product availability. Therefore, NAMIPA cannot guarantee that it will be able to
fulfill Customer’s orders.
Limitation of Liability
NEITHER NAMIPA NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS
OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER
NAMIPA NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY
THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE
OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY NAMIPA OR ITS AFFILIATES, NEITHER
NAMIPA NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S)
GIVING RISE TO THE CLAIM.
NAMIPA will not be responsible for any delays in delivery which result from any circumstances beyond
its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe
weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts
of God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that, in some instances, NAMIPA and their affiliates are resellers
of services and are not the provider of those services. In those cases, the third party service provider
is the only party responsible for providing services to Customer. In those cases, Customer will look
solely to the third party service provider for any loss, claims or damages arising from or relating to the
purchase or provision of such services. Customer hereby releases NAMIPA and their affiliates from
any and all claims arising from or relating to the purchase or provision of any such services by third
party service providers. Services may be subject to tax. All amounts, including taxes, associated with
third party services are being collected by NAMIPA solely in the capacity as an independent sales
agent.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present
or future, and including statutory, common law, intentional tort and equitable claims) arising from or
relating to the products or services sold pursuant to these terms and conditions of sale, the
interpretation or application of these terms and conditions of sale or the breach, termination or validity
thereof, the relationships which result from these terms and conditions of sale (including, to the full
extent permitted by applicable law, relationships with third parties who are not signatories hereto), or
NAMIPA's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE
ELECTION OF NAMIPA, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the
American Arbitration Association, with offices in Philadelphia, Pennsylvania. If arbitration is chosen by
any party with respect to a Claim, neither NAMIPA nor Customer will have the right to litigate that Claim
in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as
provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will
not have the right to participate as a representative or member of any class of claimants pertaining to
any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration
will take place in Philadelphia, Pennsylvania. Any court having jurisdiction may enter judgment on the
award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation,
discovery or research required to complete arbitration. The existence or results of any arbitration will
be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters
pertaining to the collection of amounts due to NAMIPA arising out of sales hereunder will be
exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon NAMIPA until accepted by NAMIPA. Terms of payment are within
NAMIPA's sole discretion. Invoices are due and payable within the time period specified on the invoice,
measured from the date of invoice. NAMIPA may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per
month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold
NAMIPA harmless from, any applicable sales, use or other taxes associated with the order. Customer
must claim any exemption from tax at the time of purchase and provide the necessary supporting
documentation. Any sales, use or other applicable tax is based on the location to which the order is
shipped. In the event of a payment default, Customer will be responsible for all of NAMIPA’s costs of
collection, including court costs, filing fees and attorney’s fees.
Return Privileges
• Please contact NAMIPA Customer Relations at nami-pa@nami.org, 24 hours a day, 7 days a
week to obtain a Return Merchandise Authorization (RMA) before shipping product back to NAMIPA.
This will expedite and help ensure the proper action or credit upon processing.
• In order to expedite a return, please have the following information on hand when requesting an
RMA number: Customer number, invoice number, serial number, reason for return, action to take
(replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed.
Click here to request an RMA online.
• Please return all products 100% complete including all original manufacturer boxes with the UPC
code and packing materials, all manuals, blank warranty cards, accessories and any other
documentation included with the original shipment. RMA approval is contingent upon, among other
things, the products being 100% complete.
• Customer is responsible for shipping charges to NAMIPA’s distribution center for all products
being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped
by NAMIPA to Customer, at NAMIPA’s expense, using the same shipping method as was used by
Customer to ship the original products back to NAMIPA.
• Customer is responsible for all risk of loss and damage to products being shipped for return,
exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a
carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne
Express. This is for your protection as well as to ensure quick action on your return.
• Return privileges vary by manufacturer. Please contact NAMIPA Customer Relations at nami-
pa@nami.org for details. Thank you for your past and future business with NAMIPA.
• Return shipping address:
NAMIPA
Attn: Business Office
(Place your RMA number on this line)
2149 N 2nd St
Harrisburg PA 17110
Failure to return a product within the applicable return period will be deemed to be an acceptance of
the product.
Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If
damaged products are accepted from the carrier, such damage should be noted on the carrier
delivery record. Please save the product and the original box and packaging and notify NAMIPA
immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify
NAMIPA Customer Relations at nami-pa@nami.org of damaged products WITHIN THE FIRST 10 DAYS
of receipt. Timely receipt of this information is necessary for NAMIPA to file a damage claim.
Check Payment Policy
NAMIPA will accept a cashiers check or money order on all COD orders. NAMIPA will accept personal
or business checks up to $12,000 at the Business Office, subject to verification. NAMIPA will accept
personal and business checks for prepay orders. Allow 10 business days for clearing.
Last Update: 2/13/04