NCMS Online Store

Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALES AGREEMENT") VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH NCMS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information About This Legal Contract

This Sales Agreement is a legal contract between the Customer and NCMS. The Customer accepts this Sales Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to " NCMS " shall relate to National Center for Manufacturing Sciences.) The terms and conditions of this Sales Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sales Agreement constitutes the entire agreement between the Customer and NCMS relating to the purchase or sale of goods or services on the Site. The Sales Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by NCMS. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sales Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting NCMS at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sales Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sales Agreement and our invoice shall control.

Governing Law

This Agreement and any sales hereunder shall be governed by the laws of the State of Michigan, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state courts located in Washtenaw County, Michigan, for purposes of any suit, action or proceeding arising out of this Sales Agreement.

Title: Risk of Loss

Title to goods herein being purchased is retained by NCMS until goods are paid for by the customer and at that time title passes to the customer. Loss or damage that occurs during shipping by a carrier selected by NCMS is NCMS' responsibility. Title to software will remain with the applicable licensor(s).

Export Sales

If goods herein being purchased are being purchased for purposes of export, the Customer may need to obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
NCMS hereby expressly disclaims all warranties either expressed or implied, including without limitation , any warranty of merchantability or fitness for a particular purpose This disclaimer by NCMS in no way affects the terms of the manufacturers warranty, if any.

Internet Disclaimer

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, NCMS reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome. While NCMS makes reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the Site's accuracy. NCMS assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability

NCMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. NCMS WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, NCMS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Arbitration

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sales Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sales Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), NCMS advertising, or any related purchase shall be resolved through binding arbitration in Ann Arbor, Michigan, such arbitration to be conducted by the American Arbitration Association in accordance with their Commercial Dispute Resolution procedures. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration

Retail Customers

Prices are applicable only for purchases online. Prices in our retail location are not associated with our prices on our web site, and are subject to the pricing policies established in the retail store. Please be sure to have a valid driver's license.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon NCMS until accepted by NCMS. Terms of payment are within NCMS sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. NCMS may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for all sales and all other taxes associated with the order.

Freight Policy

All orders will be shipped via ground transportation unless otherwise stated in an online order, within the 48 continental states, and will include shipping, handling and insurance charges. Shipping and handling charges on all other orders vary; contact your NCMS account manager for our most current and competitive rates, options and shipping specials. In some circumstances, international shipping may be available. Contact NCMS' Customer Care Center for details.

Return Policy

NCMS will carefully inspect all items shipped hereunder to ensure quality. Accordingly, if you feel that an item purchased is defective or otherwise unsatisfactory and desire to return it and obtain a refund, you will need to obtain pre-authorization. To obtain pre-authorization, please contact NCMS' Customer Care Center at CustomerCareCenter@ncms.org or write or call the Customer Care Center at:

NCMS - Customer Care Center
3025 Boardwalk Drive
Ann Arbor, MI 48108
Phone: (734) 995-7962
All returns that have not been pre-approved will be refused.

Contact Information:
You can contact NCMS with any questions or concerns at CustomerCareCenter@ncms.org

Customer service hours are Monday through Friday, from 8 AM to 5 PM, Eastern. Our mailing address is:

NCMS - Customer Care Center
3025 Boardwalk Drive
Ann Arbor, MI 48108

Orders Online

When you make a purchase on our site, you provide the following information to NCMS:

* Name
* E-mail address
* Billing address
* Telephone number
* Type of credit card you are using
* Credit card number and expiration date, or other form of payment

Payment Policy

NCMS does not accept COD Orders or personal or business checks. NCMS will accept credit cards as the recommended form of payment. (NCMS accepts Visa, MasterCard, and American Express). NCMS will also accept certified checks and money orders and wire transfers. Credit card charges are not submitted until time of shipment. NCMS does not apply any surcharge for credit cards. Contact Customer Care Center for more detailed information.