NIMCO, INC Payment Terms, and Conditions

PAYMENT TERMS

Standard payment terms are payable at the time of check out if you are using a credit card or debit card. Orders placed with a purchase order are subject to hold while we determine if the purchase order is valid. Payment terms for existing customers using valid purchase orders will be net 30 days for all non-custom products. All custom orders will require prepayment via check or credit card. New customers may be contacted to arrange prepayment on their first order placed with a purchase order. If the Buyer shall fail to make any payments in accordance with their terms and conditions hereof, Seller, in addition to its other rights and remedies, but not in limitation thereof, may at its option defer shipments or deliveries hereunder, or under any other contract with the Buyer, except upon receipt of satisfactory security or of cash before shipment.

TAXES

Prices do not include any sales or use tax, either Federal, State, or Local, payable on the transaction under any applicable statute. All such taxes must be paid by the Buyer.

LIMITATION OF WARRANTIES

Any description of the goods contained herein is for the sole purpose of identifying them and does not constitute a warranty. In the interest of product improvement, the right is reserved to change specifications and/or design without incurring obligations. The Buyer assumes responsibility for compliance with any regulations, codes, standards, or ordinances applicable to the installation, location, operation, or maintenance of the products, including responsibility for compliance with any requirements pertaining to distances between evaporative cooling equipment and air conditioning system duct intakes. No person, agent, or dealer is authorized to enlarge upon the warranties set out herein or the obligations of Seller hereunder.

LIMITATION OF LIABILITY

THE SOLE REMEDY FOR BREACH OF THE APPLICABLE EXPRESS WARRANTIES SHALL BE REPAIR OR REPLACEMENT OF THE EQUIPMENT BY SELLER, OR REFUNDING THE PURCHASE PRICE SET FORTH ON THE FIRST PAGE OF THE AGREEMENT AND ORDER ACKNOWLEDGEMENT. IT SHALL BE IN SELLERS’ SOLE DISCRETION AS TO WHETHER REPAIR, REPLACEMENT OR REFUND IS THE APPROPRIATE REMEDY. IF SELLER DECIDES TO MAKE REPAIRS, SELLER HAS THE OPTION OF COMPLETING SUCH REPAIRS ITSELF OR AUTHORIZING A THIRD PARTY TO PERFORM SUCH REPAIRS AT SELLERS EXPENSE. SELLER IS NOT RESPONSIBLE FOR ANY REPAIR WORK PERFORMED BY A THIRD PARTY THAT SELLER DID NOT APPROVE IN WRITING PRIOR TO THE COMMENCEMENT OF SUCH REPAIRS. SELLERS’ LIABILITY OF ANY KIND WHATSOEVER (WHETHER IN WARRANTY, TORT, CONTRACTUAL OR OTHERWISE) SHALL NOT EXCEED THE BILLING PRICE SET FORTH ON THE FIRST PAGE OF THE AGREEMENT AND ORDER ACKNOWLEDGEMENT. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR LOST PROFITS, LOST SAVINGS, PERSONAL INJURIES, INCIDENTAL DAMAGES, ECONOMIC LOSS, PROPERTY DAMAGE, OR ANY OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SHIPPING DATES

Shipping dates are estimates only. No contract will be made to deliver in a specified time unless in writing by an officer of the company. Seller shall under no circumstances be responsible for failure to fill any order or orders when due to: fires, floods war, riots, strikes, freight embargoes or transportation delays, shortage of labor, inability to secure fuel, material, supplies or power at current prices, or on account of shortages thereof; acts of God or of the public enemy; any existing or future laws or acts of the Federal or of any State Government including specifically, but not exclusively, any orders, rules or regulations issued by any official or agency of any such government affecting the conduct of Sellers’ business with which Seller in its judgment and discretion deems it advisable to comply as a legal or patriotic duty, or to any cause beyond Sellers’ reasonable control.

ALLOCATION OF RISK

The responsibility of Seller ceases upon delivery of goods in good order to the carrier. The Buyer assumes all risk of loss, damage or shortage in transit and any claims based thereon must be filed by the Buyer with the transportation company. The buyer also assumes risk of loss or damage caused by improper storage, handling or layup of equipment prior to the utilization of the products.

RETURNS

Please see our Return and Refund policy here: nimcoinc.com/return-policy/

AGREEMENT OF SALE

Any of the terms and provisions of Buyer’s order which are inconsistent with the terms and provisions hereto shall not be binding on Seller unless Seller consents in writing and shall not be considered part of the Parties’ Agreement as expressed herein. A waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may hereafter occur. Orders accepted by Seller can be canceled only upon the written consent of Seller and after payment by Buyer of reasonable costs and expenses for the effort expended thereon.