Neteon Term & Condition
Standard Terms & Conditions
ACCEPTANCE OF ORDER; TERMINATION –
Acceptance of any order is subject to credit approval and acceptance of order by Neteon Technologies, Inc. (Neteon). If credit of the buyer of the products or services (“Buyer”) becomes unsatisfactory to Neteon, Neteon reserves the right to terminate upon notice to Buyer and without liability to Neteon.
PRICES AND SHIPMENTS –
Unless otherwise quoted, prices for products shall be those in effect at time of shipment, which shall be made F.O.B. shipping point, prepaid and bill. Pricing for backordered products may be subject to change. If there is a price change, Neteon will quote the new price prior to shipment and Buyer has the option to cancel or issue a revised purchase order at the new price.
PAYMENT TERMS –
Payment terms shall be as stated on Neteon’s invoice. If payments are not received by the due date, Neteon reserves the right to suspend further deliveries. As a condition of the sales agreement, a monthly service charge of the lesser of 1-1/2% or the maximum permitted by law may be added to all accounts not paid by net due date.
DELAY IN DELIVERY –
Neteon is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Neteon’s reasonable control, including, but not limited to, sourcing, shipment or delivery issues caused by, related to, or resulting from COVID-19 or other similar national or global health situations. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Neteon be liable for any consequential or special damages arising from any delay in shipment or delivery.
Prices shown do not include sales or other taxes imposed on the sale of products or services. Taxes now or hereafter imposed upon sales will be added to the purchase price. Buyer agrees to reimburse Neteon for any such tax or provide Neteon with an acceptable tax exemption certificate.
CANCELLATION; CHANGES FOR SERVICES –
All changes and cancellations are subject to Neteon’s prior written approval in Neteon’s sole discretion. Buyer shall pay to Neteon amounts necessary to cover cancellation, restocking fees and other charges applicable to the canceled products including those incurred or committed to by Neteon.
NON-CANCELLABLE, NON-RESCHEDULABLE, NON-RETURNABLE (NCNR) ORDERS –
All NCNR orders containing custom configured products and/or special ordered products may not be canceled, rescheduled or returned by Buyer. All NCNR orders will be clearly stated on Neteon’s order confirmation.
RETURN OF PRODUCTS –
All returns must obtain prior approval from Neteon and Return Materials Authorization (RMA) number within 30 days from receipt of shipment. Neteon will assist in repair or replacement of the product, grant a refund or credit against future purchases in an amount equal to the original purchase price paid for the product less any applicable restocking fees. Buyer is responsible for shipping charges and risk of loss on all return shipments. Custom configured products and special ordered products are not returnable.
LIMITED WARRANTIES –
Neteon warrants that all products sold are free of any security interest and will make available to Buyer all transferable warranties made to Neteon by the manufacturer of the products. NETEON MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
LIMITATION OF LIABILITY –
Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to Neteon, a copy of which will be furnished upon written request. Furthermore, Neteon's liability shall be limited to either repair or replacement of the products, re-performance of the services, or refund of the purchase price, all at Neteon's option, and IN NO CASE SHALL NETEON BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment. Products offered by Neteon are not designed for use in life support, life sustaining, nuclear systems or other applications in which failure of such products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. Use in any such applications is at Buyer’s sole risk.
The failure of Neteon to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.
MODIFICATION OF TERMS AND CONDITIONS –
These terms and conditions, and any associated statement of work, supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Neteon unless made in writing and signed on its behalf by a duly authorized representative of Neteon. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein.
Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Neteon, and any such assignment, without such consent, shall be void.
ACCURACY OF DATA/CORRECTIONS –
All typographical or clerical errors made by Neteon in any quotation, acknowledgment or publication are subject to correction. Neteon reserves the right to cancel orders related to such errors or product discontinuation or unavailability, and to correct this web site at any time, including pricing errors not detected until after Neteon’s confirmation or email response.
GOVERNING LAW –
This agreement shall be governed by the laws of the State of New Jersey applicable to contracts to be formed and fully performed within the State of New Jersey, without giving effect to the choice or conflicts of law provisions thereof.
Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
Revised April 2023