Terms and Conditions

TERMS AND CONDITIONS OF SALES

THE FOLLOWING TERMS & CONDITIONS GOVERN THE SALE OF ALL PRODUCTS BY NETCOM GROUP INC. (HEREAFTER CALLED NGI) TO ITS CUSTOMERS (HEREAFTER CALLED BUYER), EXCEPT THAT UNLESS BUYER AND NGI HAVE EXECUTED A MASTER CONTRACT WHICH SPECIFICALLY SUPERSEDES AND REPLACES THE TERMS AND CONDITIONS HEREIN. THIS ACCEPTANCE IS EXPRESSLY MADE CONDITION UPON BUYER’S ASSENT EXPRESSED OR IMPLIED TO THE TERMS AND CONDITIONS SET FORTH HEREIN WITHOUT MODIFICATION OR ADDITION. NGI RECEIVES THE RIGHT TO CHANGE ITS TERMS AND CONDITIONS FORM TIME TO TIME WITHOUT NOTICE.

ACCEPTANCE

Buyer’s acceptance of these terms and conditions shell be indicated by any of the following whichever first occurs: (a) Buyer’s written acknowledgement hereof, (b) Buyer’s acceptance of any shipment of any part of the items specified for delivery on the front side hereof (the “Products”), (c) Buyer’s failure to acknowledge or reject these terms and conditions in writing within 48 hours after delivery, or (d) any other act or expression of acceptance by Buyer. Buyer’s acceptance is expressly limited to the terms and conditions hereof in their entirely without addition, modification or exception, and any term, condition, or proposal hereafter submitted by Buyer (whether oral or in writing) which is consistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by NGI. NGI’s silence or failure to respond to any such subsequent term, condition or proposal shall not be deemed to be NGI’s acceptance or approval thereof.

 PRICE AND PAYMENT

Prices are F.O.B. our Markham, Ontario warehouse excluding all taxes and freight. Exemption certifications must be presented prior to shipment if they are to be honored. Unless otherwise specified, payment terms are C.O.D. Al post-dated cheque, personal & bank counter cheque will not be accepted. Returned cheque is subject to service charge of $35.00. A 2% interest per month will be charged to all overdue accounts until such amount shall have been paid in full. All purchased goods remain the property of NGI until full payment has been made. Buyer agrees to pay all NGI’s costs related to the collection of any sums due, including any legal expenses and labor costs. Prices are subject to change without further notice.

 DELIVERY 

Unless otherwise agreed in writing, delivery shall be made in accordance with NGI’s shipping policy. Shipment is insured under Buyer’s expense, Buyer shall examine all goods promptly upon receipt thereof. All claimed shortages or damaged goods shall be report no later than 3 days after receipt, failure to give such notice shall be deemed an acceptance of the goods as of the date of shipment.

 
PRODUCTS RETURN

Should a product become defective during the warranty period, the following procedures must be followed in order to ensure prompt and proper handling of the products:

1. Call our RMA Department to obtain an RMA number valid for 7 days.
2. A copy of the invoice which includes the serial number of the items returned must be included with the returned merchandise.
3. An attached note describing the suspected defect must be included.
4. Clearly note the RMA number on the box and prepay shipping charge. (All collect shipment will be refused)
5. All returned products must be in original packaging. Improper packaging may void the warranty.
6. Any goods returned for warranty that found to be non-defective will be shipped back to the customer collect. Service charge may also be applied.
7. Returned items that fail to include all the above information may be subject to a service charge of $45.00 per hour.
8. The RMA number does not guarantee that you will receive warranty service, replacements or that credit will be approved.

 
RETURN FOR CREDIT

No Cash refund, credit will not be issued for any item that can be replaced within 30 days. A minimum restocking charge of 20% will be charged against any returned merchandise received within 10 days of its invoice date only with approval authorization. All merchandise must be in original packaging & resalable condition, NGI reserves the right to refuse any request to issue credit for returned product. No return or refund on software.

 
DEAD ON ARRIVAL (D.O.A.)

Must be called for RMA number within 48 hours of delivery, once the RMA number is issued, the product must be received by us within 7 days for replacement.

 
WARRANTY

Unless otherwise specified, all merchandise is covered by the manufacturer’s warranty or NGI’s standard 1 year parts & labor depot warranty. NGI will determine which warranty policy is applicable. The warranty does not extend to any merchandise that is physically damaged or is not under normal operating conditions as a result of any misuse, mishandling or improper installation on the customer parts. CPU is covered by 30 days limited functional warranty. NGI will not be responsible for system repairs unless all “original” (invoiced) parts remain in the system. NGI reserves the option to replace by similar functional products.  

 
LIMITATION OF LIABILITY

NGI shall not be liable under any circumstance for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data or any damages or sums paid by buyer to third parties. Even if NGI has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort. Breach of any statutory duty, principles of indemnity or contribution. The failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.

 
GENERAL

These terms and conditions shall, upon acceptance by Buyer, constitute the final, compete and exclusive agreement of the parties with respect to the subject matter hereof and shall supersede all prior offers, negotiations, understandings and agreements. Unless Buyer and NGI have executed a master contract with specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein. No additional or different terms or conditions, whether material or immaterial, shall become a part of this agreement unless expressly accepted in writing by an authorized officer of NGI. Any waiver by NGI of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder. It is the intention of the parties that this agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and that no failure or delay by either party in exercising or enforcing any right hereunder shall operated as waiver thereof or preclude any other exercise or enforcement of rights hereunder. Any provision of this sales invoice that is prohibited or unenforceable under the laws of the Province of Ontario shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidation the remaining provisions of this sales invoice. The agreement may not be assigned by either party without the prior written consent of the other (which shall not be unreasonably withheld) except that NGI may assign the agreement to any affiliate or subsidiary of NGI. This agreement shall be deemed made in, and shall be governed by the laws of the Province of Ontario. The exclusive venue for any disputes arising out of this sales invoice shall be Markham, Ontario.