Nelson Paint Company Terms and Conditions of Use

Credit Card payments

Nelson accepts all credit card types. A 3% service fee will be assessed on all American Express payments.

Acceptance of Terms

Nelson reserves the right to accept or reject any and all orders, regardless of the manner in which the order is made. Nelson reserves the right to update these Terms and Conditions ("TAC") at any time without notice to you.

Place of Sale

Orders become valid, and the sale shall be deemed made in Kingsford, Dickinson County, Michigan subject to the terms set forth herein, when accepted by Nelson. All sales are subject to the laws of the State of Michigan, and the United States Government and other relevant foreign laws. The venue for all disputes shall be in the courts of Michigan. No change, modification or revision of your order shall be valid unless agreed to in writing by Nelson. Any terms and conditions set forth in the buyer's purchase order shall not materially alter terms and conditions set forth herein.

Restrictions on the Sale of Specific Products

The United States Government restricts the sale of certain products to international destinations in which an export license must be obtained by Nelson prior to order processing. Orders for international destinations are subject to review by and will be processed in compliance with all United States International Trade Regulations. All transactions are subject to screening against all published Denied Parties Listings made available by the United States Government.

Nelson restricts the sale of selected products such as, but not limited to, Glass Breaking projectiles, Less Lethal projectiles, and other special use items. Orders for such products must be submitted on department letterhead, and with a copy of official identification. Please call our Customer Service Department at 1-800-236-9278 for more details. When you place an order for products that are subject to any legal restrictions, you warrant to us that you are authorized to make such purchase, and you are in compliance with all local, state and federal laws concerning same. You alone are responsible for ensuring the legality of possession or use of items you may purchase from us. As a double check to protect the public, please understand that we may verify employment of any person ordering such items. We apologize for any inconvenience this may cause.

Copyright Notice

Privacy and Protection of Personal Information

See the Privacy Statement disclosures relating to the collection and use of your information.

Links To Third Party Websites

As a convenience to you, this website may contain links to third party websites that are not owned, operated or controlled by Nelson. By including these links Nelson is not endorsing or approving such websites. Nelson shall not be liable or responsible for any loss or damage resulting from your use of any third party linked website or from any information, products or services made available on any such linked website. Nelson makes no representations or warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement, regarding any third party linked website or any information, products or services made available through any such linked website. By clicking on a link to another website you will leave this website.

Pricing on the Website

Although every effort is made to keep our website error-free, occasionally a mistake will occur. In the event of an error, we reserve the right to correct the error. We reserve the right to not honor pricing errors.

Shipping

Shipping charges are for motor freight in one shipment to one destination on the US mainland. Additional shipping charges may apply. Customer is specifically responsible for extra charges including, but not limited to: lift gate charges, residential delivery charges, refused shipment charges, redelivery charges, delay of truck or driver charges, special delivery charges, and charges for return of refused shipments. Shipping is an estimated charge which is generally correct. If additional charges apply, Nelson may cancel the order or contact the customer for approval of additional charges in Nelson's sole discretion.

SELLER’S CLAUSES

Limited Warranty.Seller warrants that upon delivery the goods will conform to Seller’s internal specifications for such goods. This warranty is valid for thirty (30) days from the date of delivery of goods, and expires thereafter. This Limited Warranty does not apply to the sale of goods that are designated by Seller as "seconds" or otherwise sold at a discount because of having sub-standard quality. Buyer is aware that Seller makes no warranties as to the quality of "seconds," or other goods labeled as being of sub-standard quality, and that such products are sold AS IS.
Excusing Events.The warranties contained herein shall not apply to any repairs, corrections, or replacements caused by: (i) physical abuse of the goods or any parts of goods or acts of vandalism by any persons other than Seller, its employees, agents, or subcontractors; (ii) unless consented to by Seller, alterations modifications, additions, or repairs made during the applicable warranty period by anyone other than Seller, its employees, agents or subcontractors, in such a way that the alterations, modifications, or repairs have adversely affected the reliability or performance of the goods or any component; (iii) accident or damage resulting from fire, water, wind, hail, lightening, earthquake, theft or similar causes originating outside the components and not within the control of Seller or caused by or contributed to by the negligence of Seller or its employees, agents or subcontractors, or (iv) damage to any component as a result of improper storage or shipment of such component by Buyer or its employees or agents.
Warranty Disclaimer.THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SAID WARRANTIES BEING EXPRESSLY DISCLAIMED.
Remedy.Buyer agrees that its sole and exclusive remedy against Seller shall be limited to the repair and replacement of goods or parts of the goods, provided Seller is promptly notified in writing, prior to the expiration of the warranty period specified above, of any defect. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Seller is willing and able to repair or replace the goods or parts of goods, in any event, Seller’s liability for any damages due Buyer shall be limited to the purchase price of the goods. THIS PARAGRAPH STATES BUYER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
Limitations on Actions and Liability.The statute of limitations applicable to all claims arising under the agreement shall be one (1) year from the date the claim accrues. SELLER WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY RESULTING FROM DELAY IN DELIVERY OR INSTALLATION OF THE GOODS OR FOR ANY FAILURE TO PERFORM WHICH IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM SELLER’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT WITH RESPECT TO THE GOODS, OR ANY SERVICES IN CONNECTION WITH THE GOODS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE GOODS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS BUYER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure.Seller shall not be deemed to be in default or responsible for delays or failures in performance resulting from acts of God, acts of war or civil disturbance, epidemics, governmental actions or inaction, fires, earthquakes, unavailability of labor, materials, power, or communication, or other causes beyond Seller’s reasonable control.
Inspection/Acceptance.Buyer shall inspect shipments for shipping damage and loss of product, and must have the driver notate any such damage or loss on the delivery receipt prior to Buyer’s acceptance of the delivery. If product damage is visible, Buyer is also to have “possible hidden damage” noted on the delivery receipt. Buyer shall inform Seller of such damage or loss by phone and in writing within 48 hours of discovery of damage. Buyer shall retain damaged product for inspection until Seller provides written notice to Buyer with disposition information. All goods or parts thereof shall be subject to inspection by the Buyer for a reasonable period (which shall in no event be more than five (5) days after receipt thereof by the Buyer), after which Buyer will be deemed to have accepted the goods. Payments shall constitute final acceptance of the goods and shall constitute a waiver of the Buyer’s rights to inspect or reject the goods unless otherwise agreed. If Buyer rejects any merchandise, Buyer must first obtain a Return Authorization Number (RAN) before returning any goods to Seller. Goods returned without a RAN will be refused. Seller will not be responsible for any freight costs, damages to goods, or any other costs or liabilities pertaining to goods returned without a RAN. Seller shall have the right to substitute a conforming tender. Buyer will be responsible for all freight costs to and from Buyer and repackaging costs, if any, if Buyer refuses to accept shipment. If product is returned in unsaleable condition, Buyer is responsible for full value of the goods. Goods returned without justification may be subject to a restocking charge.
Buyers Obligations upon Rejection of Goods.Buyers shall notify seller in writing of its intent to reject any shipment of goods. Said rejection shall specifically identify the goods rejected, including reasons for the rejection and what if any, defect exists. Buyer shall notify seller of said rejection no more than five (5) days of receipt of the goods.
Buyers Obligations. In the event of default, buyer shall pay upon demand any and all expenses, including reasonable attorney fees, incurred or paid by seller, without suit or action, in attempting to collect funds due and not paid. In the event an action is instituted for the collection of the amounts not paid, the prevailing party shall be entitled to recover, at trial or on appeal, such sums as the court may adjudge reasonable as attorney fees, in addition to costs and necessary disbursements
Choice of Law and Forum.In the event of any litigation between the parties hereto concerning any matters related to this Agreement, the parties agree that the only forum in which such litigation may be filed and adjudicated is in the state courts of Michigan. In the event of any litigation between the parties hereto concerning any matters related to this Agreement, parties agree that the substantive and procedural laws of the State of Michigan shall apply without regard to Michigan’s choice of law provisions.
Shipping.Unless otherwise agreed to in writing between Seller and Buyer, all shipments are F.O.B. Seller’s factory. Buyer is responsible for the costs of shipping goods to Buyer’s address.
IT IS EXPRESSLY AGREED AND UNDERSTOOD, AS EVIDENCED BY BUYER TAKING DELIVERY OF THE GOODS DESCRIBED HEREIN, THAT BUYER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SELLER FROM ANY CLAIMS AGAINST SELLER FOR PERSONAL INJURY OR DEATH BROUGHT AGAINST SELLER BY BUYERS' EMPLOYEES AND/OR AGENTS, INVOLVING OR RELATED TO THE USE OF THE PRODUCT(S) DESCRIBED IN THIS INVOICE/BILL OF LADING. ANY SUCH CLAIMS INCLUDE CAUSES OF ACTION FOR NEGLIGENCE, STRICT LIABILITY, WARRANTY, AND GROSS NEGLIGENCE ASSERTED TO BE THE RESULT OF ANY ACT, OMISSION, OR REPRESENTATION, EXPRESS OR IMPLIED, OF THE SELLER.
Prices are subject to change without notice

Addendum to Standard Terms and Conditions
(Tactical and Less Lethal Projectile Products)

Buyer acknowledges that the goods consist of less lethal and/or glass-breaking projectiles which ccan cause serious injury or death when used against human targets, and are to be used as ammunition in projectile weapons. Buyer acknowledges that the sale of such goods is made subject to laws and regulations which may vary among jurisdictions. Buyer covenants and agrees not to sell the goods except in compliance with such laws and regulations. Buyer acknowledges that Seller has made no representations or warranties concerning the chemical composition of the goods, or the legality of the sale or use of the goods in any particular jurisdiction.

Seller shall not be liable to Buyer or any employee, agent or contractor of Buyer, or any of Buyer’s successors, heirs or assigns, or any third party, for injury, loss or damage to any person or property connected in any way with the storage, transportation, use or sale of the goods by Buyer, its employees, agents, contractors, successors, heirs or assigns. Buyer will indemnify and hold harmless Seller, its officers, directors, shareholders, agents, employees, contractors, representatives, insurers, attorneys, successors and assigns from and against all liability of any kind whatsoever (a) resulting from a breach of the terms of this Addendum, or (b) connected in any way with the storage, transportation, use or sale of the goods by Buyer, its employees, agents or contractors, or their successors or assigns. The foregoing indemnification obligation, and any subsequent limitations of liability contained in this Addendum will not, however, absolve Seller from any liability determined to be as a result of the Seller’s intentional, malicious or reckless conduct.

Buyer and/or its successors and assigns shall, at the request of Seller, assume responsibility for the settlement and defense of any lawsuit, claim of liability or any other legal proceedings brought against Seller, its officers, agents, employees, contractors, successors and assigns, by any third party, including Buyer’s employees, agents or contractors, or their successors or assigns, to enforce any right, loss, damage, injury, claim, fee, demand and any and all expenses either (a) resulting from a breach of the terms of this Addendum, or (b) connected in any way with the storage, transportation, use or sale of the goods by Buyer, its employees, agents or contractors, or their successors or assigns. Provided, however, that Buyer shall not compromise or settle such proceeding without the written consent of Seller. Such responsibility shall include, without limitation, payment of all attorneys’ fees, costs and expenses of such settlement and defense, by Buyer. Buyer and its successors, heirs and assigns shall assume responsibility for paying all judgments entered in any suits or other legal proceedings.

Buyer acknowledges that the goods have been sold by Seller to Buyer exclusively for the purpose of resale by Buyer, and that any warranties provided by Seller in this Addendum or in Seller’s standard terms and conditions provided herewith are intended to be for Buyer’s benefit only, and are not intended to be for the benefit of, or to be enforceable by, any ultimate consumer of the goods.

Addendum to Standard Terms and Conditions/Sellers Clauses
(Pepper Spray Products)

Buyer acknowledges that the goods consist of pepper-spray projectiles which contain chemical agents designed to irritates the eyes, nose and upper respiratory system of their intended targets, and are to be used as ammunition in projectile weapons. Buyer acknowledges that the sale of such goods is made subject to laws and regulations which may vary among jurisdictions. Buyer covenants and agrees not to sell the goods except in compliance with such laws and regulations. Buyer acknowledges that Seller has made no representations or warranties concerning the chemical composition of the goods, or the legality of the sale or use of the goods in any particular jurisdiction.

Terms and conditions subject to change. Any updates will be posted to this page.

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