NISBETS INC STANDARD TERMS & CONDITIONS OF SALE ('this agreement')

In this Agreement, the "Customer" means any person who places an Order with Nisbets (either as a private consumer or as a business);

the "Goods"
means any items sold or supplied by Nisbets under an Order;

"Nisbets"
means Nisbets Inc, a company incorporated in Delaware with company number 5063541 with a business address at 151 Bata Boulevard, Belcamp, Maryland 21017;

"Order"
means any request or order (via phone, web order (excluding EBay or Amazon) or mail order) to purchase the Goods, and;

the "Parties"
refers to the Customer and Nisbets

1. Validity

1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, Customer is making an offer to purchase goods and, for such offer, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Nisbets Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.

1.2 Any Order is subject to acceptance by Nisbets. Nisbets is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Nisbets does not in itself constitute acceptance by Nisbets of the Order.

1.3 Any terms and conditions on the Nisbets website or catalogue shall apply to Orders and are hereby incorporated into the terms of this Agreement. Nisbets may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Nisbets website or catalog and any such new terms and conditions shall apply to any products ordered after such new terms and conditions have been published on the Nisbets website or catalog.

2. Goods being Sold

2.1 Descriptions and specifications for the Goods that Customer may offer to purchase are set out on the Nisbets website at the time of the Order or the Nisbets catalog from which the Order is placed provided the catalog is current at the time of the Order.

2.2 Goods ordered in a specific color, pattern or design are sold subject to stock availability and Nisbets may substitute the Goods with newer items or items of comparable or better quality, alternative color, pattern or design with the Customer's approval.

2.3 If any Goods are unavailable or out of stock then Nisbets may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Nisbets may vary the Order with the Customer's approval.

2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age at the time that they place the Order and that delivery will be accepted by a person that is over 18 years of age.

3. Terms of Payment and Payment Methods

3.1 The Goods shall be payable at the prices listed on the Nisbets website, or the prices listed in a current Nisbets catalog, at the time of the Order. If the Nisbets catalog has an expiration date for the prices that are in it, Customers shall not be permitted to Order from the Nisbet catalog for such prices after the expiration date. Nisbets reserves the right to update prices on the Nisbets website or in future Nisbets catalogs from time to time. In addition, occasionally, prices advertised on the Nisbets website may differ from prices advertised in the Nisbets catalog and the prices of the avenue through which Customer submits an Order for product (i.e. website or catalog) shall apply to the Order. In this respect, Nisbets is under no obligation to honor the price in the website if the Order is placed through the catalog and vice versa. A shipping and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in US dollars.

3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax ("VAT") and/or sales tax. Any such VAT or sales tax shall be charged in accordance with the relevant regulations in force at the time of the Order.

3.3 Occasionally, there may be published or advertised information in our catalog or website that contains typographical errors, inaccuracies or omissions that may relate to pricing, product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your Order) and Nisbets shall be under no obligation to honor the incorrect price, product description or availability information or Order pertaining to the same.

3.4 Payment for Goods and Delivery may be made by any of the options listed on the Nisbets website or catalog.

3.5 Nisbets reserves the right to charge interest on late or overdue payments by the Customer.

3.6 All Orders may be subject to further credit or security checks.

3.7 Nisbets's Price Promise applies to any lower published price for a like-for-like product offered on the same terms in the United States. Like-for-like means Goods should be the same brand and specification. The Goods must be offered with the same delivery service and warranty as Nisbets's and the competitor must have stock availability at the time of ordering. The price will not be matched where there are 'hidden extras' such as delivery charges. In order to qualify, the price must be published in writing. Nisbets's Price Promise excludes comparing like-for-like products from companies within the Nisbets group of companies.

4. Shipping

4.1 Full shipping prices and options are listed on the Nisbets website or catalog and subject to change from time to time. Expedited shipping and delivery to Alaska, Hawaii and non-USA addresses will be subject to additional charges and duty.

4.2 Standard Shipping to qualifying shipping zones (as shown in the Nisbets catalog/website) will be sent for 'next day shipping' subject to an Order (with the relevant shipping charge) being accepted by Nisbets before 5.00pm on a working day (a working day is a day other than weekends and public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be shipped 'next day' then shipping will usually be completed within 5 days.

4.3 Offshore/Remote deliveries (including Alaska and Hawaii) will usually be dispatched as soon as possible however the actual shipping time cannot be guaranteed and will vary depending on the shipping location.

4.4 Nisbets will use reasonable endeavors to meet shipping estimates in all cases however Nisbets cannot be held liable for any loss or damage due to delay in delivery.

4.5 Risk in the Goods transfers to the Customer at the time of shipping, but title will not pass until payment has been made in full for the Goods in question.

4.6 Goods shipped are used, stored and installed at the Customer's own risk and Nisbets will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Nisbets to the Customer before shipping.

4.7 The Customer is responsible for ensuring that the pickup or shipping address is directly accessible, adequate and safe for loading/unloading. Large Goods/consignments can only be shipped or unloaded adjacent to the shipping vehicle. The delivery person/driver may at his/her discretion assist with shipping the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.

5. Warranties; Returns; Disclaimer.

5.1 Subject to the conditions in this Clause 5, Goods sold in the contiguous United States may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Nisbets website or catalog. The cost of returns may be refunded in whole or in part to the Customer at Nisbets's discretion.

5.2 Goods are guaranteed in accordance with the terms of the manufacturer's warranty or for 1 year from shipping unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Nisbets's discretion. Parts and labor under this warranty are guaranteed in the contiguous United States only.

5.3 Goods that are damaged due to shipping must be reported to Nisbets within 24 hours. Large Goods such as refrigerators must be inspected by the Customer on shipping for damage and an acceptance of delivery docket completed noting any damage that resulted from shipping. Goods that are missing from shipping must be reported to Nisbets in writing within 7 days from shipping.

5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the Goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to shipping must be reported to Nisbets within 24 hours to qualify for replacement, repair or refund at Nisbets's discretion. GOODS MARKED "NO COMMERCIAL WARRANTY" ARE SOLD WITHOUT ANY WARRANTIES UNLESS OTHERWISE STATED. Certain Goods may be disposed of in accordance with Nisbets safety instructions for replacement, exchange or refund with Nisbets's prior approval. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a 'sale or return' basis without prior written approval by Nisbets. Nisbets may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Nisbets's prior endorsement or approval.

5.5 EACH PRODUCT IS PROVIDED BY NISBETS "AS IS". EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 5 (WARRANTIES), NISBETS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NISBETS SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY UPON SUCH INFORMATION OR ADVICE. NISBETS DOES NOT WARRANT THAT ANY PRODUCT WILL MEET CUSTOMER'S REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF EACH PRODUCT SHALL BE WITH CUSTOMER.

5.6 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.

6. Termination

6.1 Nisbets reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.

6.2 Nisbets reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.

6.3 Nisbets reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Nisbets's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.

6.4 Nisbets reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).

7. Limitation of Liability

7.1 IN NO EVENT WILL NISBETS OR ITS AFFILIATES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM NEIGHBORING OR CONNECTED ITEMS OR PREMISES, DELAY, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF TIME, LOSS OF GOODWILL, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED) OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ENSUING FROM THE USE OR PURCHASE OF THE PRODUCTS OR GOODS PROVIDED BY NISBETS UNDER THIS AGREEMENT OR INABILITY TO USE ANY PRODUCTS OR GOODS PROVIDED BY NISBETS PURSUANT TO THIS AGREEMENT, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NISBETS WILL ALSO NOT BE LIABLE FOR ANY ADDITIONAL DAMAGE CAUSED BY CUSTOMER'S FAILURE TO REPORT A DEFAULT OR DEFECT IN GOOD TIME OR FAILURE TO PROVIDE REASONABLE ACCESS TO THE GOODS FOR REPAIRS, SERVICE OR ENGINEER VISITS.

7.2 IN NO EVENT SHALL NISBETS' AGGREGATE LIABILITY OR THE LIABILITY OF ANY OF ITS AFFILIATES, FROM ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AGGREGATE OF THE FEES PAID TO NISBETS FOR THE PRODUCT FOR WHICH THE CAUSE OF ACTION ACCRUED IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE WHEN THE CAUSE OF ACTION ACCRUED. THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING BREACH OF WARRANTY.

7.3 Notwithstanding Section 7.1 and Section 7.2 above, a direct claim by one party against the other party for death, personal injury or property damages arising from the negligent acts or omissions of the other party shall not be subject to the limitations that are set forth therein.

7.4 Goods sold are not insured for shipping unless confirmed as insured by Nisbets on acceptance of the Order.

8. Intellectual Property Rights and Confidentiality

8.1 Goods sold or supplied by Nisbets may be subject to certain intellectual property rights, including without limitation, patent and copyright (whether owned by Nisbets or a third party), and the Customer covenants not to breach, infringe or prejudice any such intellectual property rights, including without limitation, patent and copyright rights, associated with the Goods without approval from Nisbets. The Customer agrees to indemnify and hold Nisbets harmless for any breach of said covenant.

8.2 The Customer's data protection and privacy rights under this Agreement are set out in Nisbets's privacy policy (available on the Nisbets website).

9. Jurisdiction

9.1 This Agreement is governed by the law of the State of Maryland and the Parties shall be subject to the exclusive jurisdiction of the federal and state courts in Baltimore, Maryland.

9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.

10. Discount Code Terms & Conditions

10.1. Percentage Discount Code:
- Only redeemable online, simply enter your discount code at the cart page on Nisbets.com to qualify.
- Is case sensitive.
- Can only be used once per customer, unless otherwise stated.
- Excludes the following web sections "Machines, Refrigeration, Furniture, Carts & Shelving."
- Customers cannot use more than one discount code per order.
- Excludes discount on delivery charge and is applied before tax.

10.2. Money Off Discount Code:
- Only redeemable online, simply enter your discount code at the cart page on Nisbets.com to qualify.
- Is case sensitive.
- Can only be used once per customer, unless otherwise stated.
- Customers cannot use more than one discount code per order.
- Excludes discount on delivery charge and is applied before tax.
- Order value (ex delivery charge and tax) must be equivalent or greater than the discount code value. If your discount code states a minimum order value then this is applied before delivery charge and tax.
- No Cash Value.