Terms and Conditions
These terms and conditions (“Terms”) apply to the viewing, purchasing and sale of products offered on or through www.nxwarehousesupplies.com (the “Website”). Please read these Terms and Our Privacy Policy (see below) carefully before you start to use or purchase any product that is available through the Website. By viewing or using this Website, placing an order or completing a purchase, you (“Customer,” “you” or “your”) agree to be bound by and accept these Terms. If you do not want to agree to these Terms, you must not access or use the Website. This Website is offered and available only to customers located in the United States. These Terms are subject to change by NX Shoji USA, Inc. (“NX Shoji USA”) without prior written notice at any time, in the sole discretion of NX Shoji USA. Any changes to the Terms will take effect as of the “Last Updated Date” below. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation
You agree that your order is an offer to purchase, under these Terms, all products in your order. All orders must be accepted by NX Shoji USA, or NX Shoji USA will not be obligated to sell the products to you. NX Shoji USA may choose not to accept orders in its sole discretion, even after NX Shoji USA sends you a confirmation email [with your order number and details of the items you have ordered].
Limitation of Liability
NX Shoji USA will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. NX Shoji USA is not responsible for delays in delivery which result from any circumstances. You knowingly, explicitly and intentionally agree that NX Shoji USA has no liability of any kind whatsoever, and that you have no remedy whatsoever at law or in equity, with respect to the use of the Website. In furtherance and not in limitation of the foregoing, NX Shoji USA disclaims any and all loss or liability resulting from, but not limited to: (i) access delays or interruptions; (ii) data non-delivery, mis-delivery, corruption, destruction or other modification; (iii) resulting from acts of God; [(iv) the unauthorized use or misuse of your account identifier or password;] (v) errors,
omissions, or misstatements in any and all information or the Website; (vi) the termination, suspension, interruption or modification of the Website or the use of the Website; (vii) the acts of third parties; [(viii) loss of registration;] (ix) interruption of or other interference with business transactions (including loss of profits or business opportunities), or (x) any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if NX Shoji USA have been advised of the
possibility of such damages. Further, NX Shoji USA shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Website for any period whatsoever. NX Shoji USA’s aggregate liability shall not exceed the purchase price paid for any products purchased through this Website, or, if no such products were purchased, ten dollars ($10.00).Pricing and Specifications
All information regarding pricing, products and services is subject to change. NX Shoji USA reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. Prices listed are net and do not include shipping charges, handling fees, pallet charges, taxes and/or duties or special crating requirements for export shipment, which will be added to the total amount to be paid in your order. Those Customers who claim exemption from taxes or duties are responsible for providing NX Shoji USA with the necessary documentation at the time of purchase or taxes will be added to their order. NX Shoji USA strives to maintain prices at the lowest level. Occasionally, prices change without notice due to circumstances beyond our control. NX Shoji USA reserves the right to correct any errors, inaccuracies, or omissions related to pricing and availability at any time and to cancel any orders arising from such occurrences. Minimum sellable unit may be applied.
Shipping
Most products are shipped F.O.B. point of origin from Our affiliate’s warehouse to your location. All shipping charges are prepaid by NX Shoji USA and added to the Customer’s invoice unless you choose to be billed freight collect. A dollar and fifty cents ($1.50) handling fee will be added to shipping charges. In addition, pallet charges may be added to shipping charges when a pallet is used for shipping. [Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.]
Returns
If for any reason you are dissatisfied with a purchase you made from NX Shoji USA via this Website, you may return the purchased merchandise within 10 business days. All returns are subject to an 20% re-stocking charge plus any freight associated with the return. Custom items may not be returned for credit. To return products, please contact customer service at 224-257-4312 for an authorization number or complete the form on the back of the packing list and return the merchandise within 10 business days. Customers will be responsible for shipping charges on canceled orders. Customers bear the risk of loss during shipment. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective.
Damaged Goods
To receive credit for damaged product, damage must be noted on the bill of lading at time of delivery and put aside for freight carrier review. All damaged goods claims must be made within 3 days of purchase.
Warranties
Customers acknowledge that NX Shoji USA is not the manufacturer of any of the products purchased hereunder. Any warranty with respect to the products must come from the manufacturer. NX Shoji USA will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. You affirm that NX Shoji USA shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you. Notwithstanding anything to the contrary, NX Shoji USA's liability is limited to the replacement value of the products purchased from this Website. NX Shoji USA and its affiliates hereby expressly disclaim all warranties of any kind, either expressed or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of noninfringement. We make no warranty that the Website will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website or that defects in the Website will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the Website, if any, is obtained at your own discretion
and risk and that you will be solely responsible for any damages, including, but not limited to, damage to computers, information systems and any components thereof, loss of, or errors in, data, and loss of profit or business opportunity, that result from the use of the Website by virtue of the download of any content contained thereon or otherwise. No advice or information, whether oral or written, obtained by you from NX Shoji USA or through the Website shall create any warranty not expressly made herein.
This disclaimer does not affect the terms of the manufacturer’s warranty, if any.
Payment Terms
Payment terms are net thirty (30) days from the date of NX Shoji USA’s invoice. NX Shoji USA reserves the right to charge interest at the rate of one point five percent (1.5%) per month or eighteen percent (18%) per year (but not more than the maximum percentage permitted by law) on all balances not paid by Customer within the designated net terms. NX Shoji USA accepts all major credit cards at the time of order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges
incurred by you at the posted prices, including all applicable charges and taxes, if any, regardless of the amount quoted on the Website at the time of your order. For those Customers with established NX Shoji USA credit, the applicable payment terms for such credit will govern.
Privacy Policy
Our Privacy Policy, www.nxwarehousesupplies.com, governs the processing of all personal data collected from you in connection with your purchase of products through the Website.
Force Majeure
NX Shoji USA will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes orother labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Applicable Law
This Website is controlled by NX Shoji USA from our offices within the State of Illinois, United States of America. By accessing this Website you agree that the laws of the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to the use of this Website and the purchase of products available through this Website. Any litigation will be brought exclusively in Cook County, Illinois and Customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.The failure by NX Shoji USA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of NX Shoji USA.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Notices
(a)To You: NX Shoji USA may provide any notice to you under these Terms by [(i) sending a message to the email address you provide or (ii) by] posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. (b)To NX Shoji USA: To give notice to NX Shoji USA under these Terms, except for the ordinary ordering procedure using the Website, you must contact NX Shoji USA [as follows: (i) by facsimile transmission to [FAX NUMBER]; or (ii)] by personal delivery, overnight courier, or registered or certified mail to NX Shoji USA at [ADDRESS]. NX Shoji
USA may update [the facsimile number or] address by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability
If any provision of these Terms is determined by competent judicial or arbitral authority to be invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
These Terms and Privacy Policy constitute the entire agreement and understanding between you, the Customer, and NX Shoji USA concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by NX Shoji USA representatives or any alternate terms supplied by you to NX Shoji USA unless otherwise agreed to by NX Shoji USA in writing. To the extent that anything in or associated with Website is in conflict or inconsistent with these Terms and Privacy Policy, these Terms and Privacy Policy shall take precedence.
Last Updated Date: June 23rd, 2023