Terms & Conditions of Sales
These Terms and Conditions of Sale constitute a binding contract between Neil Equipment & Supplies, LLC. (The seller) and the interested party in making an order (The buyer).
The buyer accepts the terms and conditions of this contract when making an order and purchasing a product from the seller, to perform or obtain any further service from the seller.
These terms and conditions are subject to change without notice. All terms and conditions of the buyer that are different from this document will be rejected and will have no effect.
1. Placing an Order
The quotes prepared by Neil Equipment & Supplies, LLC. are without obligation. The buyer is required to make an order to include at a minimum: product, quantities, prices, billing address, shipping address, start date, shipping instructions, and method of payment and delivery. Verbal orders and agreements will not be binding on Neil Equipment & Supplies, LLC., Only if this is confirmed in written form and/or by e-mail.
2. Payment Terms
The customer agrees to pay the total order for the products, plus shipping costs, if previously agreed. At no time will expenses for taxes, handling, and/or customs costs be included outside the United States. All purchasing orders are previously paid in full, however, the payment conditions will always be at the discretion of the seller.
3. Administration Law
These terms and conditions of sale will be interpreted in accordance with the laws of the State of Florida. These laws will also apply to any conflict arising or in any way related to the purchase order and/or services provided below. Any litigation arising in any way related to these terms and conditions of sale and/or provision of service and/or sale of products below will be made exclusively in the courts of Miami-Dade County, Florida, and will be subject to laws of the State of Florida. The buyer agrees to be aware of this exclusive jurisdiction and waives the right of any change of venue.
5. Amendments to Purchase Orders
Alterations, modifications, or any other changes are subject to a minimum charge of $100.00 after reviewed by Neil Equipment & Supplies, LLC. This will apply to any existing formal purchased order that is currently owned by Neil Equipment & Supplies, LLC.
All sales are final after the first 24 hours. After this period, returns of the products are not accepted, and in case of proceeding to a cancellation of a purchased order within 24 hours of processing the payment, it must be notified in written form by the buyer indicating the intention to initiate a total cancellation or partial cancellation of any existing purchased order for products and/or services that Neil Equipment & Supplies, LLC. possesses. Upon receiving a written request for cancellation, Neil Equipment & Supplies, LLC. will evaluate and calculate the expenses of this cancellation applicable to the buyer in which it has been incurred. The Buyer must take into account the associated elements, such as materials, labor, tools, non- recurring engineering, and any other expense associated with the cancellation. The buyer must agree to the charges presented in written form before an acknowledgment of receipt of cancellation of the seller is acceptance and modification of a formal order. All cancellations are subject to a minimum of 20% of the current value of the order associated with each item paid. By any circumstance or reason do not we return money for paid orders after 24 hours.
The seller must make all reasonable efforts in an attempt to meet the estimated delivery dates. The seller is not responsible for any incidental or consequential damage to the buyer that arises in any way associated with delays in delivery from third parties. The seller reserves the option to send the products between 12-15 additional working days to the delivery date estimated by the seller.
8. - Carrier Insurance
All products are insured with the carrier. In the case of loss or damage to the products, these will be covered by said carrier"s insurance, and the buyer must collaborate in the documentation required by the carrier so that they can comply with their obligation to pay for such losses or damages caused to the products. In no way or case is Neil Equipment & Supplies, LLC. responsible for such damages and/or loss of products.
9. International Shipping are DAP (Delivery at Place)
The customer must pay for all the customs taxes of the equipment in the country of destination. Neil Equipment & Supplies, LLC. ships from the city of Miami, Florida, and then the package is delivered to the customer by the carrier (third party). The customer assumes all risks in the delivery times, delays and misplacements of the products.
All products shipped by Neil Equipment & Supplies, LLC. will be made in accordance with the packing criteria and shipping standards. All special packaging requirements must be communicated in written form to Neil Equipment & Supplies, LLC. in the shipping section before making an order. Additional charges may apply.
11. Storage of finished products
Neil Equipment & Supplies, LLC. can store ordered and finished products for the customer for a maximum of 30 days. After 30 days, you will be charged a storage fee of 10% of the product value up to a maximum of 10 continuous months. Products not claimed after this period, will automatically be taken over by Neil equipment & Supplies, LLC. The customer loses his rights of possession of said products to compensate the storage expenses of said products.
12. Laws, codes, specifications
All products are manufactured under the specifications established in the literature of our products and drawings at the time of approval of purchased orders. It is the buyer's responsibility to interpret and identify the requirements necessary to comply with laws, statutes, codes, etc. for the jurisdiction in which the equipment will be used.
Neil Equipment & Supplies, LLC. retains the legal and equitable title to the products we manufacture until the buyer has paid for the product in its entirety.
14. Limitation of Liabilities
The buyer will not file a claim at any time. The seller will not be responsible for incidents or consequential damages inside and outside its facilities, damages of any nature, including, without limitation, the interruption of the business, costs, loss of profits or income, promotion or elaboration expenses, general expenses, damage to the reputation or loss of customers, and/or the combined use of the products.
The products and services that are purchased under a sale are subject to each specific item. Neil Equipment & Supplies, LLC. offers a limited warranty of 12 months from the billing date. Cosmetic damages are not covered by this warranty, and the buyer is responsible for any damage to the products purchased from Neil Equipment & Supplies, LLC.
The seller guarantees repair services for manufacturing defects during the first year from the date of invoicing.
17. Patent infringement
The buyer undertakes and is responsible for any claims, liabilities and expenses resulting from any infringement of a patent in connection with the manufacture and delivery of the products requested by the buyer and produced by drawings, sketches, or specifications of the buyer.
18. Intellectual Property
Neil Equipment & Supplies, LLC. reserves all rights, trade secrets and other intellectual property rights it holds with respect to any and all design, process, or manufacturing technologies. The design, development or production of the product below, will not be considered to be a "work done by contract" and nothing of the here will be understood to grant the buyer any right or license of any patent.