Terms & Conditions
Purchase Orders: Purchaser shall order products (“Products”) from Netria Corporation (“Supplier”) by issuing a Purchase Order (“Purchase Order(s)”). All Purchase Orders must be in a form acceptable to Supplier. Supplier may require Purchase Orders to be in writing and signed by Purchaser’s authorized representative. Any and all pre-printed terms and conditions on Purchaser’s forms and documents are null and void and hereby expressly rejected, and are superseded by the terms and conditions set forth herein.
Payment Terms; Taxes: All payments under any Purchase Order shall be in cash for the full amount stated in the Purchase Order, unless otherwise agreed in writing by Supplier. Supplier may at any time require payment in advance. Purchaser is responsible for all sales, use, and similar taxes. All orders will have a $7.00 handling fee assessed.
Finance and Collection Charges: Purchaser agrees to pay a finance charge, at a monthly rate of 1.5%, on past due invoices. Purchaser agrees to pay Supplier all costs of collection including but not limited to reasonable attorneys’ fees and court costs incurred by Supplier to collect properly due payments. Any checks returned for insufficient funds or any other reason will be assessed a charge of $75.00 and late fees of .05% per day until payment is applied.
Credit Limits: Credit limits shall be determined and modified at the sole discretion of Supplier. Available credit terms are set forth on Supplier’s website “Netriacorp.com”. In the event that Purchaser is delinquent in payment, Supplier may suspend any shipment or delivery until all past due amounts, including finance charges, have been paid in full.
Shipping Terms; Title and Risk of Loss: Shipping terms for shipments within the United States are F.O.B. Supplier’s Point of Shipment. Shipping terms for international shipments are EXW Supplier’s Point of Shipment. Title to and risk of loss and damage to the Products shall pass to Purchaser immediately upon delivery of the Products to a common carrier, or to an employee or other agent of Purchaser, at Supplier’s facility.
Inspection: Purchaser or its designated representative shall inspect all Products within seven (7) calendar days after delivery of Products (hereinafter “Inspection Period”) and Purchaser shall notify Supplier of any defects, damages, shortages, or over shipments, in any of the Products. Any Products not rejected by Purchaser within the Inspection Period shall be deemed to have been accepted by Purchaser.
Mode of Shipment: In the event that Purchaser specifies in a Purchase Order the shipping carrier, type of service, and payment method (collectively hereinafter “Mode of Shipment”), freight costs shall be charged in a manner consistent with the Purchase Order. In the event that Purchaser has not specified a Mode of Shipment on a Purchase Order, at the sole discretion of Supplier, such charges may be prepaid by Supplier and added to Supplier’s invoice to Purchaser.
Cancellation: Any requests for cancellation or changes of Purchase Orders must be submitted in writing by Purchaser prior to shipment of Product. In the event that Purchaser cancels or changes a Purchase Order, Purchaser agrees to pay a restocking fee of not less than 20% of the dollar value of the Purchase Order line item(s) cancelled for standard Products. Custom or special order Products may not be canceled or returned.
Returns: (1) Purchaser may submit a request for return of Products once Products have been delivered to a common carrier, or to an employee or other agent of Purchaser, at Supplier’s facility. All requests by Purchaser to return Products must be submitted in writing to Supplier within 30 days from invoice date. Please refer to Supplier’s website “Netriacorp.com” for Supplier’s form of request for return of Products. Supplier shall not consider return requests received later than fourteen (30) calendar days after shipment of Products.
(2) Supplier may, at its sole discretion, issue Purchaser written authorization to ship Product back to Supplier (“Return Material Authorization”). The issuance of a Return Material Authorization is not acceptance of the returned Product, merely authorization to return the Product for inspection. In the event that Supplier deems that the request is not made in compliance with the terms of this Agreement, Supplier shall notify Purchaser in writing that the request for return has been denied. All Products for which a Return Material Authorization has been issued must be returned to Supplier within 14 days of the date of the Return Material Authorization.
(3) Upon Receipt of any returned Products, Supplier shall inspect the Products and, at its sole discretion, accept or deny the return of such Products. All Product returns must be in their original packaging with all accessories (such as software, cables, documentation) included, and no outside labels or writing on the packaging, returns must be over packed. In the event that Supplier accepts the return of Products from Purchaser, Supplier shall issue a credit to Purchaser in the amount of the original invoice amount for the Products less a restocking charge if applicable (hereinafter “Restocking Fee”). Purchaser acknowledges that Restocking Fees are 20% for standard Products that are non DOA/defective returns. Custom or special order Products may not be returned. In the event that Supplier denies the return of Products from Purchaser, Supplier shall ship Products back to Purchaser at Purchaser’s sole expense. All shipping costs for the return of Products are the responsibility of the Purchaser.
Warranty: SUPPLIER makes no warranties, or representations respecting the products. however, Products that do not work at first use (“Dead on Arrival”) or are defective are eligible for return for a period of 30 days from date of shipment by Supplier. iN ADDITION, supplier agrees to make available to purchaser, to the extent it is able to do so, any warranty made by the manufacturer of the products. SUPPLIER HEREBY DISCLAIMS all warranties, whether express, implied, or arising from a course of dealing or usage of trade, including but not limited to, warranties of merchantability or fitness for a particular purpose. Purchaser agrees that Supplier’s liability hereunder, and any Purchase Order, shall never exceed the purchase price of the line item upon which liability is based. Under no circumstances shall Supplier be liable for consequential, incidental, special, direct or indirect damages including but not limited to cost of replacement goods, loss of revenue or profits, or other costs of any nature as a result of the use of Products SOLD by Supplier.
Force Majeure: Supplier shall not be liable for failure to perform any of its obligations to Purchaser to the extent such failure is caused by fire; flood; explosion; war; riot; embargo; labor disputes; compliance with any laws, regulations, or orders; acts of God or the public enemy; or any act or event of any nature beyond Supplier’s reasonable control.
Governing Law: All Purchase Orders issued by Purchaser and the sale of Product to Purchaser shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States of America. The provisions of the United Nations Convention on the International Sale of Goods shall not apply. All actions brought in relation to Purchaser’s Orders, or any Products ordered by Purchaser, shall be brought in the state or federal courts of the State of New Hampshire, and Purchaser consents to the jurisdiction of said courts.
Changes To Terms & Conditions: Netria Corporation may change these terms and conditions at any time with out prior notice. The terms & conditions should be checked periodically for any changes.