CONDITIONS OF SALE and WARRANTY
1. Any goods (at your request) not collected/dispatched, shall be stored at your expense and risk. Such goods may be sold or disposed of 30 days after the invoice date to cover the price and cost incurred thereby.
2. Delivery / completion shall be effected by agreement or any reasonable extension thereof, and no claim(s) shall lie against NicomUSA, Inc. for any reason save for negligence by NicomUSA, Inc.
3. Each and every installment delivery shall be considered as a separate contract and shall be subject to full payment prior to any further delivery(ies).
4. Delivery shall be FOB San Diego,California. Shipment to chosen address plus insurance shall be at consignee’s expense.
5. Any price increases affecting the quoted price prior to delivery shall be increased accordingly.
6. All quoted prices at NicomUSA’s Inc sole discretion are subject to change/variation by virtue of any condition beyond their control. The price shall not include packing costs for shipping purposes or any taxes, duties, or transportation costs.
7. Any damage to the goods must be reported to the carrier in writing on the shipping receipt. Any discrepancy/damage discovered subsequent to delivery shall be reported to NicomUSA, Inc. within 5 days of its receipt.
8. NicomUSA, Inc. extends to the original end user purchaser all original manufacturers’ warranties which are non- transferable and all claims are to be made through your dealer or distributor as per indicated procedures.
9. All manufacturers’ warranties will be supported by NicomUSA, Inc. to ensure precise and speedy service when possible.
10. NicomUSA, Inc. shall not be liable for damages of whatsoever nature arising out of connection with the product or its use thereof.
11. NICOMUSA’s WARRANTY DOES NOT INCLUDE THE FOLLOWING:
a) Cost of shipment of the unit to NicomUSA, Inc. for repair purposes.
b) Any unauthorized repairs/modifications.
c) Repair of unit whose seal has been broken without Nicom’s authorization.
d) Incidental/consequential damages as a result of any defect.
e) Nominal non–incidental defects.
f) Free replacement of parts like vacuum tubes, amplifier tubes and cooling fans.
g) Free replacement of semiconductors ( transistors, mosfets and IC’s) which are not covered under any warranty, as well as labor
h) charges to replace these parts
h) Replacement of power supply after first year
12. Warranty shall commence as of the invoice/shipment date and for the period of 3 years. Any and all warranty work will take place at NicomUsa’s facility.
Shipment costs including insurance of the unit or replacement unit/parts from customer to NicomUsa and vice-versa.
13. To claim your rights under this warranty:
A. Contact the dealer or distributor from whom this product was purchased. Describe the problem and ask if they have an easy solution. Dealers and distributors are supplied with information on problems which may occur and usually can repair the unit more quickly than by going directly to the factory. It is also often true that errors in installation or use will be discovered by your dealer.
B. If your dealer cannot help, then contact Nicom directly to obtain a return authorization number. When calling for an RA# we will need unit serial number, detailed description of problem and a credit card number (for billing purposes). RA# will need to be placed on outside of box being shipped to us.
C. When you receive the return authorization, you can return the unit. Pack the unit(s) carefully for shipment. Use original packing
materials if possible and assume carton will be dropped several times during transportation. We recommend the use of UPS or Fedex and would discourage use of the postal system (difficult to track package). If equipment is received inadequately packed, there will be a charge for re-packing for re-shipment. The risk of loss is assumed by you (NicomUSA, Inc is not responsible for damage or loss) until the package is received at NicomUSA, Inc. We advise you insure unit/s for full replacement value. Ship the unit/s or freight PREPAID to the address specified by NicomUSA, Inc. service department.
DO NOT RETURN ANY UNIT/S WITHOUT A RETURN AUTHORIZATION NUMBER, AS IT WILL NOT BE ACCEPTED
Please note in warranty returns where no fault is found with the unit, there will be a $150 minimum labor charge plus return freight.
Work on repairs cannot be started until payment arrangements have been made. Any unit/s submitted
14. Terms shown on the front of invoice are from date of invoice and not contingent upon delivery. In the event buyer fails to fulfill the terms of payment hereunder, buyer promises to pay all costs and expenses of collection and reasonable attorney’s fees incurred by NicomUSA, Inc. on account of collection, whether or not suit is filed thereon. NicomUSA, Inc. reserves the right to charge interest on all bills not paid at maturity. for repair and not paid for 30 days after submission will become the property of NicomUsa, Inc.
15. As a condition of purchaser conducting business with NicomUSA, Inc., the parties agree that should any dispute arise under such transaction for any reason, that venue and jurisdiction, therefore, shall be San Diego Superior Court, Central Court District or Municipal Court of the County of San Diego, San Diego Judicial District.
16. Interest shall accrue at the rate of 2% per month on all balances incurred for whatever reason remaining unpaid thirty (30) days from the date of invoice.
17. If buyer has consigned goods to NicomUSA, Inc. for repair within or outside of warranty period, buyer may lease/rent replacement goods AS IS from NicomUSA, Inc., if available. Buyer agrees that any and all of its goods in possession of NicomUSA, Inc. for whatever purpose, shall constitute retained security for the timely return of said rental goods as well as timely payment for repair services performed by NicomUSA, Inc. who at its option, may require a deposit paid for any rental goods leased to buyer. Said deposit may be used by NicomUSA, Inc. as satisfaction of any amounts owed to it by buyer in the event of buyer’s failure to make any payment required in a timely fashion.