STANDARD TERMS AND CONDITIONS OF SALE

Acceptance
Acceptance of orders by NMS NEAL METROLOGY SERVICE is subject to credit approval and other terms that may be set by NMS NEAL METROLOGY SERVICE. All approved transactions shall be governed by the laws of the State of North Carolina and parties agree to resolve all issues in the State of North Carolina. NMS NEAL METROLOGY SERVICE’s terms and conditions shall prevail notwithstanding any variance with terms and conditions on any order submitted by purchaser. No other terms and conditions shall be binding upon NMS NEAL METROLOGY SERVICE, unless specifically agreed upon in writing by an authorized official of NMS NEAL METROLOGY SERVICE.

Warranty and Warranty Restrictions
NMS NEAL METROLOGY SERVICE warrants its products to be free from defects of material and workmanship and will, without charge, replace or repair any equipment found defective upon inspection at its factory, provided the equipment has been returned, transportation prepaid, within 90 days from date of installation and not to exceed 120 days from date of factory shipment.

THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No representation or warranty, express or implied, made by any sales representative, distributor, or other agent or representative of NMS NEAL METROLOGY SERVICE, which is not specifically set forth herein shall be binding upon NMS NEAL METROLOGY SERVICE. NMS NEAL METROLOGY SERVICE shall not be liable for any incidental or consequential damages, losses or expenses directly or indirectly arising from the sale, handling, improper application or use of the goods or from any other cause relating thereto and NMS NEAL METROLOGY SERVICE’s liability hereunder, in any case, is expressly limited to the repair or replacement (at NMS NEAL METROLOGY SERVICE’s option) of goods.

Warranty is specifically at the factory. Any onsite service will be provided at the sole expense of the Purchaser at standard field service rates.

All associated equipment must be protected by properly rated electronic/electrical protection devices. NMS NEAL METROLOGY SERVICE shall not be liable for any damage due to improper engineering or installation by the purchaser or third parties. Proper installation, operation and maintenance of the product becomes the sole responsibility of the user upon receipt of the product.

Any returns and allowances must be authorized by NMS NEAL METROLOGY SERVICE in advance. NMS NEAL METROLOGY SERVICE will assign a Returned Material Authorization (RMA) number which must appear on all related papers and the outside of the shipping carton. All returns are subject to the final review by NMS NEAL METROLOGY SERVICE. Returns are subject to restocking charges as determined by NMS NEAL METROLOGY SERVICE.
Force Majeure Clause
Fulfillment of any order is contingent upon the availability of materials. NMS NEAL METROLOGY SERVICE shall not be liable for any delay in delivery or for non-delivery in whole or in part caused by the occurrence of any contingency beyond the control of either NMS NEAL METROLOGY SERVICE or suppliers to NMS NEAL METROLOGY SERVICE including, but not limited to war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency or subdivision thereof, judicial action, labor dispute, fire, accident, explosion, epidemic, quarantine, restrictions, storm, flood, earthquake or acts of God, shortage of labor, fuel, raw material or machinery or technical failure where NMS NEAL METROLOGY SERVICE exercised ordinary care in the prevention thereof. If any contingency occurs, NMS NEAL METROLOGY SERVICE may allocate production and deliveries among NMS NEAL METROLOGY SERVICE’s customers.

If NMS NEAL METROLOGY SERVICE  in its sole discretion, determines that NMS Neal Metrology Service’s  performance hereunder would result in a loss to NMS NEAL METROLOGY SERVICE on this sale, as computed under NMS Neal Metrology Service’s  normal accounting procedures, because of causes beyond NMS Neal Metrology Service’s  control, then NMS NEAL METROLOGY SERVICE may terminate this agreement in whole or in part without liability for any delay in the delivery of or failure to deliver the goods sold hereunder.

Terms and Credits
Payment shall be made NET 30 days after date of invoice, unless specifically agreed upon otherwise in writing by NMS NEAL METROLOGY SERVICE.   All invoices paid after the date due may be assessed a late payment service charge of 18% per annum or the maximum allowed by applicable law, whichever is lower. Until invoice is paid in full purchaser hereby grants NMS NEAL METROLOGY SERVICE a security interest in product sold hereunder in accordance with the Uniform Commercial Code.
Any unpaid invoices exceeding 180 days for equipment serviced in-house will be classified as abandoned property to which the owner has intentionally relinquished all rights.

If, in NMS Neal Metrology Service’s judgment, the financial condition of the purchaser at the time merchandise is ready for shipment does not justify the terms specified, NMS NEAL METROLOGY SERVICE reserves the right to change these terms or to require full or partial payment in advance. NMS NEAL METROLOGY SERVICE may, at any time, suspend performance of any order or require payment in cash, security, or other adequate assurance satisfactory to NMS NEAL METROLOGY SERVICE when, in NMS Neal Metrology Service’s opinion, the financial condition of buyer or other grounds for insecurity warrant such action. All sales are subject to the approval of NMS Neal Metrology Service’s credit department.

Prices
All prices are F.O.B. (EXW for foreign sales) Oak Island, NC 28465, USA (unless noted otherwise) and are exclusive of all taxes. All orders accepted under any exception price agreement(s) must be either: 1) dropped shipped directly to the end customer, or (2) distributor must place purchase order accompanied by end customer’s purchase order.

NMS Neal Metrology Service 2706 E. Yacht Drive, Oak Island, NC 28465

Risk of Loss
Delivery shall occur and risk of loss shall pass to the buyer upon delivery of the material to the carrier at the point of shipment. Transportation shall be at buyer’s sole risk and expense, and any claim for loss or damage in transit shall be against the carrier only.

Delivery
The promised delivery date is the best estimate possible based upon current and anticipated manufacturing capabilities of when the product will be shipped. NMS NEAL METROLOGY SERVICE assumes no liability for loss, damage or consequential damages due to delays.

General Provisions
Any cause of action arising from this agreement, or breach of it, must be commenced within one year after the cause of action occurs. NMS NEAL METROLOGY SERVICE has the right to correct any stenographical or clerical errors in any of the writings issued by it. These terms and conditions of sale constitute a complete and exclusive statement of the terms and conditions of the sale of the goods by NMS NEAL METROLOGY SERVICE to buyer. There are no other promises, conditions, understandings, representations or warranties. This agreement may be modified only in writing signed by an NMS NEAL METROLOGY SERVICE official. No waiver of any right will be effective against NMS NEAL METROLOGY SERVICE unless supported by consideration and expressly stated in the writing signed by an NMS NEAL METROLOGY SERVICE official. The failure of NMS NEAL METROLOGY SERVICE to enforce any right will not be construed as a waiver of NMS Neal Metrology Service’s rights to performance in the future. Buyer may not assign any rights to, or delegate any performance owed under, the agreement without the written consent of NMS NEAL METROLOGY SERVICE.  NMS NEAL METROLOGY SERVICE shall have the right to credit toward the payment of any moneys that may become due NMS NEAL METROLOGY SERVICE hereunder and any sums that may now or hereafter be owed to buyer by NMS NEAL METROLOGY SERVICE.

Miscellaneous
Disclaimer of Warranty for Use of the nealmetrology.com site
nealmetrology.com provides this site and its contents on an "AS IS" basis. We make no warranty or representation as to this site, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability for Use of the emigage.com Site
NMS NEAL METROLOGY SERVICE IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NMS NEAL METROLOGY SERVICE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED U.S. $1.00.

Governing Law
This site is operated from within the United States. We make no representation that content on this site is legal or appropriate for use from outside the United States. This agreement is governed by and construed in accordance with the laws of the State of North Carolina, as it is applied to agreements entered into and performed therein. Any action brought to enforce this agreement or matters related to this site will be brought in either the state or federal courts of the State of North Carolina; provided, however, that we have the right to institute judicial proceedings against anyone in any other jurisdiction to enforce our rights under this agreement through specific performance, injunction, reformation of contract or similar equitable relief. If any provision of this agreement is unenforceable for any reason, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in full force and effect. This agreement constitutes the entire agreement between you and NMS Neal Metrology Service concerning your use of this site.
Diversity
At NMS Neal Metrology Service we are inclusive. We celebrate multiple approaches and points of view. We believe diversity drives innovation. So we’re building a culture where difference is valued. We take a holistic approach. We’re always growing our network of people, programs and tools all designed to help employees grow and manage their careers. We foster both a top-down and grassroots approach. This gives us the freedom to address the broadest set of initiatives.
Trademarks
This site contains brands, company names and product names of third parties, and following are the requirements for identifying trademarks and registered trademarks of those third parties.  This list is not exhaustive and the site may contain brands, company names and product names of additional third parties.  All brands, company names and product names are trademarks or registered trademarks of their respective holder.
NMS Neal Metrology Service is not in any way associated with, sponsored by, approved by, authorized by or affiliated with Taylor Hobson. NMS Neal Metrology Service products are manufactured solely by NMS Neal Metrology Service.  NMS Neal Metrology Service products and services are not genuine Taylor Hobson products nor are they sponsored by, authorized by or approved by Taylor Hobson.