Terms Of Sale - National Underwriter Store - National Underwriter Store

TERMS AND CONDITIONS OF SALE

Except where otherwise provided in a written agreement signed by an officer of The National Underwriter Company (“NUCO”), all goods and services supplied by NUCO are provided subject to the following terms. NUCO’s ACCEPTANCE OF AN ORDER IS EXPRESSLY CONDITIONED ON BUYER’S ASSENT TO THE FOLLOWING TERMS. Goods shipped prior to such assent are shipped as an accommodation only. If Buyer does not accept these terms, the materials are to be returned at once, unopened and unused, for credit or refund. NUCO specifically rejects any terms and conditions in Buyer’s order or in any other document from Buyer which in any way conflict with, reduce or affect the following terms and conditions.

1. Prices. All prices are quoted F.O.B. at NUCO’s facility unless otherwise stated. Except where a written sales offer states that a price is valid through a specific date, all prices are subject to change or withdrawal at any time prior to receipt of an order by NUCO. Typographic and clerical errors are subject to correction at any time.

2. Terms. NUCO reserves the right to require that all orders be paid prior to shipment (either by cash, check drawn on good funds or approved credit card), unless Buyer has applied for and been granted a line of credit by NUCO, in which case purchases can be made up to approved credit limits with payment net 30 days. NUCO may hold shipment until payment by check has become final or the credit card charge has been authorized. No cash discounts are allowed except as provided by invoice. Credit terms are subject to change or withdrawal at any time at NUCO’s discretion, regardless of prior credit. NUCO reserves the right to require current financial information from any customer with an open account as a condition of the continued extension of credit.

3. Taxes. All prices and quotations are exclusive of sales, use, excise, duty and similar taxes and levies. These charges are assumed by the Buyer and, if not included in the original invoice, may be invoiced or added to the credit card at a later date.

4. Shipping. Individual orders are subject to NUCO’s then current shipping and handling charges. For bulk orders, NUCO will quote per order charges. NUCO uses reputable carriers, but cannot be responsible for defaults or delays in delivery.

5. Returns. Most NUCO products are sold with a 30-day money back guarantee. We do have special rules for (1) computer software and other electronic products, including online subscriptions, (2) custom items, (3) rush and overnight shipping charges, (4) bulk orders, (5) subscriptions to print publications, and (6) CE exams, which special rules are outlined below. Except as set forth in those special rules, NUCO products are sold with a 30-day money back guarantee—If you are not satisfied, simply return the product within 30 days after it is delivered and we will refund the price of the product. The refund will take the form of the original payment. If the original order was paid by credit card, we will issue a charge credit. If you paid by check, we will issue you a check. If your order was billed to an account, we will credit that account.

Computer Software and Online Products—Computer software and other electronic products delivered on CD may be returned within 30 days only if the materials are returned with the media packet seals unopened. This means that there are no returns on software and other electronic products accessed from a NUCO Web site or if the CD package has been opened. Subscription products with periodic updates delivered on CD are returnable only if the first CD is returned unopened within 30 days. If any CD package in the subscription set is opened, the subscription is non-refundable.
Custom Items—Custom materials, including specially compiled or imprinted items, are not returnable other than for a defect in the manufacture of the goods. Orders for custom materials may not be cancelled without NUCO’s prior consent, which consent may be conditioned on prepayment of a cancellation charge. Goods which conform to the order specification are not returnable.
Rush and Overnight Shipping—Charges for rush shipping and/or overnight courier service are not refundable. Refunds on orders sent by standard shipping and handling will include shipping and handling as billed by NUCO.
Bulk Orders—Bulk orders are treated as custom orders and are not returnable absent a defect in the physical medium.
Subscriptions—Subscriptions to the print editions of newspapers, periodicals and loose leaf services may be cancelled within 30 days after delivery of the first issue or other installment. Newspapers and magazines do not need to be returned, although paper loose leaf services must be returned to receive a full refund. Subscriptions may be cancelled after that 30 day period, but the subscription fee will be prorated over the unexpired subscription term. (Subscriptions to electronic or online editions are covered by the rule on Computer and Online Products.)
CE Exams—Continuing education exams (paper) may be returned within 30-days if the exam packet is unopened. Online exams are not refundable.

6. Fair Labor Standards Act Compliance. NUCO certifies that all good and/or services shipped by it have been produced in full compliance with all applicable requirements of the Fair Labor Standards Act, as amended, and of the regulations and order of the U.S. Department of Labor issued thereunder.

7.LIMITED WARRANTY WITH EXCLUSION OF OTHER WARRANTIES AND LIMITATION OF REMEDIES.

While NUCO uses its best efforts to ensure the accuracy and quality of its publications, from time to time errors will occur. NUCO therefore does not guarantee the accuracy or completeness of any publication or other informational materials. If you discover any item which you believe may be in error, please contact us about it.

NUCO publications and other informational materials are designed to provide accurate and authoritative information in regard to the subject matter covered. Such materials are provided with the understanding that NUCO, as the publisher, is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

NUCO does make the following limited warranties as to its products:

a. Media. NUCO warrants that the book, CD-ROM or other product media will be free from defects in materials and workmanship under normal use for either 90 days or, in the event of periodic subscriptions, for the lesser of the duration of your subscription or for the coverage date of the materials. If a defect appears during that period, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective materials to us with proof of purchase or license. This does not cover damage caused by accident or abuse and NUCO may impose a replacement fee in such instances. For subscriptions or publications viewed over the internet, while NUCO will use commercially reasonable procedures to maintain ongoing access, NUCO does not guarantee that there will be no temporary interruptions of service due to server maintenance, excess access demands or equipment or software failures or for other reasons. Maintenance ordinarily will not exceed one hour per day during overnight periods. NUCO is not responsible for any delays in entry to its server based on the user’s Internet access provider or traffic levels on the Internet.

b. Limitation of Liability. NUCO does not warrant that any product will meet your requirements or that the operation of any computer software will be uninterrupted or error free. We assume no responsibility for problems associated with incompatible operating systems or equipment or for problems arising out of the interaction of NUCO software with software not furnished by us. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE EXCLUSIVE REMEDIES AGAINST THE NATIONAL UNDERWRITER COMPANY FOR ANY BREACH OF WARRANTY OR OTHER TERM. You agree that no other remedy, including claims for incidental or consequential damages, whether for loss of profits, business interruption, loss of data or business information or otherwise, shall be available, even if NUCO has been advised of the possibility of such damages, whether a claim is asserted in contract, negligence, tort or otherwise. IN NO EVENT MAY NUCO’S LIABILITY EXCEED THE AMOUNT ORIGINALLY PAID TO NUCO FOR THIS LICENSE FOR THE CURRENT SUBSCRIPTION PERIOD

c. Warranty Disclaimer. You assume all risk as to the suitability, performance quality and compatibility of the product, and in this respect the product is being provided on an “AS IS” basis. As detailed above, NUCO does not make any representations or warranties with respect to the accuracy or completeness or completeness of any publication. THE LIMITED WARRANTY SET FORTH IN THIS SECTION 7 IS SPECIFICALLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE EXCLUDED. NUCO NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY.

8. General. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. The application of the United Nations Convention for the International Sale of Goods, if it would otherwise apply, is hereby expressly excluded. This document and, in the case of publications sold on subscription, your subscription agreement, and, in the case of software or other electronic products, the NUCO product license agreement, state the entire agreement between us relating to the product and supersede any prior purchase order, communications, advertising or representation concerning the product. This Agreement may not be changed or amended except by a written notice signed by an officer of NUCO. If any provision of this Agreement is held to be invalid or unenforceable, that provision is to be given effect to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force.

(4/03/02)