Conditions of Sale
All orders accepted by NEX Instrument Inc (hereinafter referred to as NII) are subject to the Terms and Conditions of Sale set out below:
1.1. All orders for products (“Products”) will be accepted by NEX Instrument Inc(“NII”)subject to these terms and conditions of sale. Any person who places orders for Products with NII (“Customer”) is bound by these terms and conditions. No other terms will apply to the supply of Products and Services by NII unless agreed in writing by an authorized signatory of NII. Customer’s purchase order is solely for the purpose of requesting delivery dates, quantities and shipping destinations and instructions. Any provision of Customer’s purchase order (or other documents and communications) which is in any way inconsistent with or in addition to the terms and conditions contained herein shall not become part of the contract between NII and Customer or otherwise be binding on NII unless expressly agreed to in writing by NII. NII reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions can be found at www.nexinstrument.com. These terms and conditions, as may be amended from time to time by NII, constitute the entire agreement of the parties with respect to the subject matter hereof and cancel and supersede all prior communications, representations, understandings, agreements and course of dealings.
1.2 Descriptions of the Products in the NII website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract with the Customer. NII shall not be liable to the Customer for any errors or omissions on its website content or catalogue. The advertising of products in the NII website is not an offer capable of acceptance. It merely constitutes an invitation by NII for the Customer to make an offer.
2.1.The prices of Products are as set out in the NII website that is current at the date of publication. Products which are not listed in the NII website will be sold at the prices set out in the relevant NII quotation. All prices exclude services, installation and applicable taxes which shall be payable by the Customer. NII reserves the right to change prices without prior notice at any time.
3.1. NII reserves the right to decline to trade with any company or person and may decline to accept any order without having to provide any reason.
3.2. NII may substitute an ordered Product where the Product has been superseded by the latest version.
3.3. If the Customer orders the wrong Product or quantity, or duplicates orders, clause 12 will apply.
3.4. Each tender or quotation given by NII will remain valid for 14 days, unless otherwise stated. A tender or quotation may be withdrawn by NII at any time before acceptance by NII of any order placed with NII.
4.1. NII will aim to deliver Products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out on NII’s website or will be notified to the Customer at the time of receipt of order. Lead times for products are published on the NII website and are approximate only and NII shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery will be made to the Customer’s usual address as stated in its order, unless otherwise agreed in writing.
4.2. Times and dates for delivery quoted in the NII website or by NII’s employees are approximate only and NII shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of Products marked in the website as requiring special handling may (because of their nature) take longer to deliver.
4.3. If any delivery is late, the Customer must notify NII, and NII will endeavour to ascertain if the Product has been delivered or the expected delivery time of the Product to the Customer. If a revised delivery time is not acceptable NII may also, at its discretion, offer an alternative delivery option. NII may notify the Customer if NII will be unable to fulfill any order within the published lead time, and will provide alternative options. To the fullest extent permitted by law, these are the Customer’s exclusive remedies for late delivery.
5. Inspection, Transit Delays and Non-delivery
5.1. The Customer must inspect all Products as soon as reasonably possible after delivery and in any case, within 7 days of delivery or, in the case of (iv), the due date for delivery, give written notice to NII of:
i. Any defect in a Product that is apparent on reasonable examination. In this case NII shall, at NII’s discretion, replace the Product or refund the purchase price.
ii. Any shortfall in Products delivered. In this case NII shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.
iii. Any delivery of Products not in accordance with the order. In this case NII shall, at NII’s discretion, replace the Products or refund the purchase price.
iv. Any non-delivery of the Products. In this case NII shall deliver the undelivered Products or refund the price of the undelivered Products.
5.2. If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer’s instructions and to have accepted the Products as being free from all apparent defects.
5.3. To the fullest extent permitted by law, the remedies set out above are the Customer’s exclusive remedies in the circumstances described in paragraphs (i) to (iv) above. NII shall not be liable for any other losses, damages or expenses howsoever caused, whether due to the negligence or otherwise of NII or its servants, agents or sub-contractors.
All payment terms are cash with order.
7. Passing of Risk and Property
Risk of loss of or damage to the Products shall pass to the Customer on delivery. Title to the Products shall not pass to the Customer until all sums due to NII from the Customer for those Products have been received by NII, and until that time NII shall be entitled to the immediate return of all Products if the Customer is late in paying any sum to NII. The Customer grants NII, its employees and its agents an irrevocable license to enter any premises of the Customer and to recover the Products for that purpose.
8. Product and Availability Information
NII reserves the right to discontinue any Product when its availability runs out or to change the product to its upgraded version at any time. Unless otherwise confirmed, nothing in the website or catalogue is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part of them.
9.1. For Products: NII warrants that if any Product is defective, it will, at its option (to the fullest extent permitted by law), replace or repair the Product or refund the purchase price. This warranty is subject to a claim being notified in writing to NII within 12 months of the date of dispatch of the Product, or such other longer period as may be indicated by NII for specific products from time to time.
9.2. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of NII. The Customer must deal with the defective Products in accordance with NII’s instructions.
9.3. The Customer must contact NII to notify NII in advance of the return of any Products and obtain a returns number, to be quoted on all paperwork. Returned Products must be accompanied by an advice note stating the invoice number and the nature of the defect. Where the Customer does not return Products in accordance with this, NII may refuse such Products and return them to the Customer at the Customer’s cost.
9.4. The remedies set out above shall be NII’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply of Products and/or Services. Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of Products and/ or Services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, merchantable quality, fitness for purpose and provision of services with reasonable care and skill). NII will not be liable to the Customer for any loss, damage or liability which arises out of the breach of implied warranties, terms or conditions or breach of any other duty of any kind imposed on NII by operation of law or for any negligence. The Customer acknowledges that it is responsible for ensuring that the Products and Services it orders are fit for the purposes for which it intends to use them.
10. Limitations of Use
Products sold by NII are not recommended or authorized for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
11.1. To the fullest extent permitted by law, NII shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the NII sales team and technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
11.2. To the fullest extent permitted by law, NII shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:
i. Any expressed or implied terms of the contract between NII and the Customer, or of any order accepted by NII;
ii. Any duty of any kind imposed on NII by law; or
iii. Any defect in the Products
11.3. If, notwithstanding any provisions of these terms and conditions, any liability attaches to NII, NII’s liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise in respect of one or more of
i. Any expressed or implied terms of the contract between NII and the Customer, or of any order accepted by NII;
ii. Any duty of any kind imposed on NII by law
12. Cancellations and Returns
12.1The Customer may not cancel orders once accepted by NII. NII may allow an order to be cancelled at its sole discretion, subject to NII recovering from the Customer the costs incurred by NII. If only part of an order is cancelled, NII may invoice the Customer any difference in selling price per unit applicable to the quantity actually dispatched prior to cancellation compared to the quantity ordered.
12.2 Additional terms and conditions apply to the cancellation and amendment of scheduled orders (i.e. orders for Products to be delivered periodically and which are specifically sourced for the Customer) which NII will provide at the time of order.
12.3 All goods sold are non-returnable if they are in accordance with the specifications specified in the order.
13. Force Majeure
A force majeure event is any event beyond the reasonable control of NII (including strikes, traffic congestion, the downtime of any external line, or NII’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If NII is prevented or restricted from carrying out all or any of its obligations by reason of any force majeure event, then NII shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 14 days, NII may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.
14. Compliance with Laws
14.1. The Customer shall observe all laws, regulations and requirements imposed in relation to the Products and the sale, labelling and storage of them in the jurisdiction in which the Customer or Products are situated, and shall indemnify NII against all actions, claims, costs, demands and expenses incurred or suffered by NII arising out of the breach by the Customer of this clause 14.1, including legal fees on a solicitor/client basis.
14.2. The Customer shall not knowingly sell to any buyer who is on, or who will supply the Products to any other person who is on, the US Denials List or any other embargoes or sanctions list. The Customer shall comply with all applicable export control, re-export, sanctions, embargoes and denied persons regulations and shall comply with any applicable NII policy in force from time to time (if there is any conflict between the two, the export controls shall prevail). The Customer acknowledges that it is the Customer’s sole responsibility when exporting the Products to any other country or jurisdiction to ensure that the Customer complies with all applicable laws and regulations. The Customer shall indemnify NII against all actions, claims, costs, demands and expenses incurred or suffered by NII arising out of the breach by the Customer of this clause 14.2.
15. Law and Jurisdiction
The contract between NII and the Customer as applicable to each Customer order shall be governed by and interpreted in accordance with Malaysian law and the Customer submits to the non-exclusive jurisdiction of the Malaysian courts, but NII may enforce the contract in any court of competent jurisdiction.
16. Damage or Loss of Goods During Transit
Goods damaged or lost due to mishandling or whatsoever by the forwarder or courier company of packages or parcels during the transit of goods from our premise to buyer’s will fall under the responsibility of the freight service provider. While NII shall take the initiative and responsibility to file for damage claim, NII shall in no way be held liable for loss suffered by the buyer in such an incident. Claimable amount determined by the freight service provider will be the final amount payable for such damage or loss suffered by the buyer.
17. 30-Day Money-Back Guarantee
We want you to be fully satisfied with every item which you purchase from www.nexinstrument.com. If you are not satisfied with an item that you have purchased, you may return the item within 30 days from the order date for a full refund of the purchase price, minus the shipping, handling or other related charges. Our 30-Day Money Back Guarantee does not apply to all items. Only items which are in-stock will be eligible for the 30-Day Money Back Guarantee. The product must be returned in its original factory packing in good condition, unused and unopened state, and with all paperwork and accessories to ensure full credit. NII’s Shipping Policy on Return is that customers are responsible for the outgoing and returning freight charges and handling fees when returning products to NII, including products returned under the 30-Day Money Back Guarantee. We are absolutely certain that you will be satisfied with the products we sell as they are 100% original and genuine products. We are sure because our refund rate is extremely low.
However, we offer the industry's BEST no-hassle money back guarantee for a full 30 days just in case. If you are not completely satisfied, please send an e-mail to [email protected] or call NEX Instrument Inc headquarter at +606-3374824.
18. Shipping Policy on Warranty Claim & Return
In case of a warranty claim or return, customer is responsible for all shipping charges involved in delivering or returning the goods.
18.1. It is the responsibility of the customer to return the goods to NII’s premise via a forwarder or freight service provider at the customer’s own cost.
18.2. The original outgoing shipping fees will not be compensated and will be borne by the customer.
18.3. The shipping fees for goods delivery after the warranty claim back to the customer’s premise will be borne by the customer.