Rules for Risk of Loss. Purchases for which delivery is made by a common carrier are sold FOB (shipping point), and risk of loss passes to the Customer when Nemo transfers the purchased goods to a common carrier. Purchases for which delivery is made by one of Nemo’s own trucks are sold FOB (destination). For products shipped via common carrier, Nemo will not be held liable for any damage from shipment, and customer claims for damaged goods should be made with the common carrier.
Refunds and Returns. No refunds or returns shall be made without Nemo's written permission, and in order for us to be able to continue to offer affordable shipping options, all stock returned goods will be subject to a 25% restocking charge, as well as any freight charges applicable to return the material to (in Nemo's discretion) Nemo's storage facilities or the goods' manufacturer, all shipping charges are not refundable. In any event, no returns or refunds can be made after installation; INSTALLATION CONSTITUTES ACCEPTANCE OF THE GOODS. There is absolutely no refund of deposits or other payments for custom or special orders and NO RETURN of custom or special order materials. Materials must be returned in the original packaging and in the condition in which they were received. Customer is responsible for all freight costs back to Nemo. Any stock materials that arrive back to Nemo damaged and not in sellable condition will not be provided a credit. If a return is not received, then no credit will be issued. We recommend using a trackable shipment method.
Scope of Relationship. Nemo is not a contractor and does not perform or contract for the installation of any product. Nemo shall not assume responsibility nor be liable for a contractor’s work or for the installation of any product purchased from Nemo.
Disclaimer of Warranty. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS ON THE FACE HEREOF, AND NEMO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR AGAINST INFRINGEMENT OR OTHERWISE, EXCEPT THAT THE PRODUCTS SOLD HEREUNDER SHALL CONFORM TO NEMO'S STANDARD SPECIFICATION FOR SUCH PRODUCT.
LIMITATION OF CLAIMS. NEMO SHALL NOT BE LIABLE TO ANYONE FOR AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. IN ADDITION, NEMO SHALL HAVE NO LIABILITY WHATSOEVER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, ANTICIPATED PROFITS, OR INJURIES TO PERSONS OR TO PROPERTY). FAILURE BY CUSTOMER TO GIVE NEMO WRITTEN NOTICE OF A CLAIM WITH RESPECT TO THE PRODUCTS WITHIN 30 DAYS FROM THE DATE OF DELIVERY OR, IN THE CASE OF NON-DELIVERY, FROM THE DATE FIXED FOR DELIVERY, SHALL CONSTITUTE A WAIVER BY CUSTOMER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. ANY ACTION FOR BREACH OF THIS CONTRACT (OTHER THAN FOR NON-PAYMENT OF THE PURCHASE PRICE OR OTHER AMOUNTS DUE TO NEMO) MUST BE COMMENCED WITHIN ONE YEAR AFTER BASIS FOR THE CAUSE OF ACTION HAS ARISEN. THE REMEDIES GRANTED TO CUSTOMERS BY THESE TERMS ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO A NEMO CUSTOMER IN RESPECT OF PRODUCTS PURCHASED BY CUSTOMER FROM NEMO FROM TIME TO TIME, UNLESS OTHERWISE AGREED IN WRITING BY NEMO AND CUSTOMER.
FORCE MAJEURE. Nemo shall not be liable for, or be considered to be in breach or default of these Terms, any delay or failure to perform as a result of any cause or condition beyond Nemo’s reasonable control, including but not limited to: fire, explosion, earthquake, storm, flood, wind, drought or other “act of God”; court order; act, delay, or failure to act by civil, military or other governmental authority; national or regional emergency; strike, labor stoppage, slowdown or lockout; terrorist threats or acts, riots, insurrection, or other civil unrest; war; government order, law, or regulation; embargoes or blockades; shortage of adequate power or transportation facilities; vendor delay in delivery; transportation delays; epidemic, pandemic, disease outbreak, or public health crisis (including but not limited to COVID-19); and any other similar event or cause beyond the reasonable control of Nemo. Nemo’s time for delivery shall be extended by the total of all such delays, and if any such delay exceeds 45 days, Nemo may cancel affected deliveries in whole or in party without liability.
Customer is Solvent. Customer represents that, at the time of placing and accepting this order, Customer is not insolvent and can pay its debts as they mature and that there has been no material adverse change with respect to Customer's financial condition since such time as Buyer has provided financial information in any credit application to (or as directed by) Nemo.
Severability. If any part of these Terms is found to be illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining Terms will remain in full force and effect.
Attorneys' Fees. In any suit or action arising out of or in connection with a purchase by Customer from the Site, if Nemo is the substantially prevailing party it shall be entitled to an award of its reasonable attorneys' fees and costs.
Waiver of Set-Off Rights. Customer agrees that it shall not exercise, and hereby waives, any right of setoff, offset, or deduction that Customer has (or may in the future have) against any amounts due to Nemo under these Terms or otherwise.
Law Governing Disputes. These Terms shall be construed and enforced in accordance with the laws of the State of New York without giving effect to the conflicts of laws principles thereof. Any action or proceeding brought by either party against the other arising out of or related to these Terms shall be brought in a court of competent jurisdiction seated in the Borough of Manhattan of the City, County and State of New York New York and Customer hereby submits (to the extent permitted by law) to the in personam jurisdiction of each of the Federal and State courts so-located for all purposes arising out of or related to these Terms and the transactions consummated by Customer using the Site.
Entire Understanding. These Terms, and the other terms and conditions applicable to the usage of the Site, supersede all prior and contemporaneous written and oral proposals, courses of dealing, statements, and agreements between Customer and Nemo relating to the matters covered hereby.