• HOME
  • NET SHOP TERMS FOR CATALOG AND INTERNET SALES

NET SHOP TERMS FOR CATALOG AND INTERNET SALES

These “NET SHOP TERMS” (hereinafter referred to as “Terms”) are terms and conditions which govern all sales and services in connection with products sold by NBK America LLC (“NBK”) through catalogs published by NBK from time to time (collectively, hereinafter referred to as the “Catalog”), other mail-order mechanisms or purchases made through the internet website owned and operated by NBK (hereinafter referred to as the “Wesbsite”). All services relating to Catalog, Website and mail-order sales are referred to as the “Service” and all products sold through the Service are referred to as “Product.”

These Terms, together with the GENERAL TERMS & CONDITIONS shall govern the relationship between user who uses the Service (hereinafter referred to as “User”) and NBK.

Chapter 1. Purchase of Product, Payment, Delivery

  1. (Consideration and Responsibility of User)
    1. In order to purchase a Product through the Service, User shall first input the User ID and password applicable to User’s account with NBK (hereinafter referred to as “Account”) as set forth in Chapter 2 of these Terms. A User who does not have an Account shall apply for an Account to use the Service in the manner stated in Chapter 2 of these Terms.
    2. User’s application and creation of an Account constitute User’s acknowledgement and acceptance of these Terms.
    3. Other than an order in excess of the maximum units permitted by NBK, in its sole discretion, or a made to order Product (hereinafter referred to as a “Special Product”), a User may purchase Product(s) (“Purchase”) in the condition specified in the Catalog and/or the Website. In the event of a Special Product order, User shall contact NBK directly to place the order and the sales price, sales terms, shipping date, and other relevant terms will be as set forth in an estimate or contact sheet, issued by NBK to User within a reasonable time after User places the Special Product order.
    4. User shall be solely responsible for User’s use of the Service, including the purchase of Product(s). User agrees to comply with all applicable laws, statutes, ordinances and regulations regarding User’s use of the Service and User’s purchase of Product through the Service.
    5. User shall be responsible for reviewing the content of the order, the price (“Purchase Price”) and the quantity of Product, and all other details of the transaction upon purchase of the Product. User will be deemed to have accepted the order “as is” unless User promptly notifies NBK after User’s receipt of the Order Confirmation.
    6. The Product offered by NBK is production equipment for use in industrial application and/or as components of machinery and equipment (“Product Component Equipment”) for commercial/industrial application (“Permitted Use”). Use of the Product and Product Component Equipment for any other purpose, including, without limitation, the purposes set forth below (“Prohibited Use”), is not covered under any warranty offered by NBK and NBK has no liability to User or any other party arising from any Prohibited Use. Prohibited Use includes, without limitation:
      1. To use the Product or the Product Component Equipment in or for transportation equipment, medical equipment, consumer-electronics device, or other consumable goods;
      2. To use the Product or the Product Component Equipment in or for aerospace instruments, atomic devices, or military applications (such as weapons and ammunition); and
      3. Any use other than a Permitted Use.
    7. If User exports the Product or Product Component Equipment, User shall (a) comply with all applicable state and federal laws, rules and regulations of the United States and the country where User exports the Product or the Product Component Equipment; and (b) be solely responsible for, and pay in a timely manner, all customs duties, fees and additional costs and expenses in connection with the export of the Product and the Product Component Equipment.
    8. In the event shipping costs, sales tax and other costs, taxes, charges and fees are due and payable in addition to Purchase Price (“Additional Costs”), all of the Additional Costs shall be borne by User. In addition, User shall pay the Additional Costs at the time of payment of the Purchase Price.
    9. User acknowledges and agrees that size, configuration, Purchase Price and other details of the Product appearing in the Catalog and on the Website may change without any prior notice, and NBK reserves the right to remove Product(s) from the Product list, Catalog and Website or change the Services without any prior notice. Moreover, NBK may change the Purchase Price, or correct pricing errors that may inadvertently occur in the Catalog or on the Website at any time, without any prior notice, as further set forth in Article 8.
    10. User acknowledges and agrees that size and configuration the Product(s) in the Catalog and on the Website may be different from the image of the Product(s) on User’s devices and screens before User’s Purchase as a result of photography techniques, including, without limitation, light source and composition. In addition, the User should not rely solely on the imagery or the explanatory text of Product(s) in the Catalog or on the Website. User acknowledges and agrees that any Purchase is subject to the foregoing and may not return the Product(s) for such reasons.
  2. (Completion of Contract for Sale, Payment, Shipping)
    1. A contract for sale between NBK and a User will not be created or effective until User offers to purchase a Product through a purchase requisition (“Offer” or “Order”) and NBK accepts the Offer by sending User a notice of acceptance entitled “Order Complete Mail.”.
    2. Where an obvious error exists on User’s purchase requisition because of User error, such as an inputting error or communication failure, or where the total Purchase Price in a single transaction of User exceeds the “spending limit” specified by NBK, NBK may, in its sole discretion, subsequently reject the Offer by declining the purchase requisition of User. Upon such decline, NBK will notify User of other options available to User, if any.
    3. User shall pay the Purchase Price of the Product(s) and the Additional Costs of section 1-8 to NBK in advance of shipment, and otherwise in accordance with the payment terms specified by NBK. In addition, User shall select a payment method from the payment options specified by NBK.
    4. After receipt of payment in full, NBK will pack and ship the purchased Product(s) to the User on the shipping date specified by NBK unless an alternate shipping date is specified in the Catalog or on the Website or where User and NBK otherwise agree upon an alternate date of shipment.
    5. In the event of any delay in shipment, NBK will notify the User of such delay and the approximate shipping date.
    6. The notice of acceptance and/or delay from NBK set forth in this Article shall be sent via email transmission to User’s email address in the manner set forth in Article 17.
  3. (Shipping)
    1. NBK will ship the purchased Product(s) to the address in the United States that User specifies at the time of Offer via the shipping method specified by NBK. In the event the address is outside of the United States, User’s Order will be cancelled.
    2. Delivery of the Product shall be deemed to occur when User receives delivery of the purchased Product(s) at the shipping address specified by User.
    3. Title to and risk of loss of the Product(s) passes to User when NBK delivers the Product(s) to the carrier for shipment and any and all risks related to shipping of purchased Product(s), such as loss or breakage of the Product(s), undeliverable status or delays in shipping, shall be the sole responsibility of User.
    4. In the event any Product(s) are returned as to NBK as undeliverable as a result of User error, such as an incomplete form, incorrect entry of name, address, phone number, or refusal to accept delivery of the Product(s), NBK will cancel User’s Order.
  4. (Receiving Inspection)
    1. Upon delivery or other receipt of Product(s) User shall immediately review the delivered Product(s) by reviewing the name, type and quantity of the Product(s) and otherwise inspecting the Product(s) for the presence or absence of breakage or any defects or deformities.
    2. If User finds that the Product does not conform to the Order, User shall, within one (1) week of User’s receipt of Product (“Defect Notice Period”), inform NBK in writing of any such non-conformance of the Product to the Order (“Defect Notice”). If User does not contact NBK within one (1) week of User’s receipt of the Product, the Product(s) shall be deemed to be accepted by User and that the delivered Product conformed to the Order.
    3. In the event the NBK receives a Defect Notice from User, and NBK agrees with the content of such Defect Notice, NBK shall, at its option, either ship a replacement Product(s) to User or refund the Purchase Price of the defective Product(s); provided, however, that the Defect Notice procedures set forth in this Article 4 shall not apply when:
      1. NBK determines that the defects arise from the User’s intentional or negligent acts;
      2. Delivery of a different Product(s) from User’s Order arises from User negligence, such as User placing an incorrect order;
      3. NBK receives the Defect Notice after expiration of the Defect Notice Period;
      4. NBK determines that the defect of the Product(s) either arises from a change in the Product as specified in Section 1-9, or a difference in imagery specified in Section 1-10; or
      5. NBK determines that the defect does not arise as a result of NBK’s fault or negligence.
  5. (Cancellation)
    1. As NBK ships purchased Product(s) to Users immediately after NBK’s acceptance of the Order and User’s payment, User cannot cancel or change User’s Order for any reason after the Offer has been accepted by NBK and User has paid in full.
    2. NBK may cancel User’s Offer without notice to User if:
      1. User fails to comply with an instruction of NBK about fulfillment of the Order such as payment or shipment;
      2. User submits false or incorrect statements on the Order or other communications or information relating to trading is determined by NBK to be false or inaccurate;
      3. User does not respond to NBK within a reasonable period of time after NBK has requested a response from User;
      4. User refuses to take delivery of the Product;
      5. User violates any provisions of these Terms, the GENERAL TERMS & CONDITIONS or any other terms and conditions or requirements of NBK; or
      6. NBK determines, in its sole discretion, that it is unable to complete the Order or otherwise continue any contract for sales with User.
  6. (Returning, Replacing of Product)
    1. Other than as set forth in Section 4-3 of these Terms, Section 8. Inspection and Rejection of Nonconforming Goods of the “GENERAL TERMS & CONDITIONS” shall apply to the return or replacement of Products.
  7. (Warranty of Product)
    1. Section 11. Limited Warranty of the “GENERAL TERMS & CONDITIONS” shall apply to the limited warranty of the Products.
  8. (Modification of the Catalog, etc.)
    1. NBK may modify or change the class, type, size, standard, figuration, etc. of Product(s) in the Catalog or on the Website at NBK's sole discretion without any notice to User.
    2. NBK exercises reasonable efforts to maintain the quality, accuracy, and legitimacy of all information in the Catalog and on the Website. However, in event any error or mistake exists in the Catalog or the Website, NBK assumes no liability and responsibility for such error or mistake except correction of the error within a reasonable period of time after NBK becomes aware of such error or mistake.
  9. Chapter 2. User Registration

  10. (User Registration, Management of Account)
    1. An applicant who seeks to register for the Service (hereinafter referred to as “Applicant”) shall register for the Service in the manner and method specified by NBK. Applicant shall only include true and correct information in the application form at the time of application.
    2. NBK may decline an Applicant’s application to become a User when NBK determines, in its sole discretion, that Applicant is not suitable as a User. NBK has no obligation to disclose the rationale for such rejection to Applicant.
    3. When NBK accepts Applicant as a User, NBK will issue an Account to the User for using the Services.
    4. In the event an Applicant inputs information for the Account that is the same or similar to an existing User’s Account, the Applicant’s information will be rejected and Applicant must enter alternate information.
    5. User agrees that User is solely responsible for maintaining the security and confidentiality of User’s Account information and password and that User is fully responsible for all activities or charges that are incurred under User’s Account. User shall not permit the use of nor assign or transfer User’s Account to any third party. The information NBK obtains through User’s use of the Website, including registration information, is subject to NBK’s Privacy Policy published on NBK’s website (“Privacy Policy”), which is specifically incorporated by reference into these Terms.
    6. In the event User forgets User’s Account information or believes that User’s Account is subject to unauthorized use by any third party, User shall notify NBK and User shall apply for reissuance of the Account in the manner specified by NBK.
    7. User shall keep User’s information both that User has input at the time of registration and that is registered in the Service (hereinafter referred to as “Registered Information”) accurate and updated. In the event User needs to change or modify User’s Registered Information as a result of removal of User’s Account, change of email or physical address or payment information, etc., User shall change or modify User’s Registered Information immediately through the method specified by NBK.
    8. NBK assumes no liability for any damages of User who delays or fails to reissue User’s Account under Section 9-6 or does not submit a modification under Section 9-7.
  11. (Period of the Service/ Withdrawal)
    1. So long as User maintains an Account in good standing including, without limitation, making periodic purchases of Product(s) and complying with the terms hereof, and NBK continues its business as contemplated hereunder, the Service will be available for use by User. However, if User has not purchased any Product(s) through the Service for more than 3 years from the date of User’s last purchase, NBK may delete User’s Account without notice to User.
    2. A User who hopes to withdraw from the Service shall apply to delete User’s Account by method that NBK specifies.
    3. In the event of User’s withdrawal/deletion pursuant to Section 10-2, or where NBK terminates the Account in accordance with Section 10-1, NBK will, in its sole discretion, delete all or part of the Registered Information of User. NBK shall not be liable to User or any third party for any loss or damage as a result of a User withdrawal or the deletion of information or as a result of any act (s) which is/are done relates to the withdrawal or deletion.
    4. If a User who applies to withdraw from the Service, even after User’s Account is terminated for any reason, User shall pay all damages, costs and expenses of NBK and/or any third party caused by any action or inaction of User and User hereby releases and forever discharges NBK from any liability whatsoever.
    5. Any User who applies to withdraw from the Service while any outstanding balance remains on User’s Account shall immediately pay to NBK all of User’s outstanding obligations in full.
    6. Completion of User’s withdrawal does not impede continuation and fulfillment of contract for sale between NBK and User which continues in force at the time of the completion of withdrawal.
  12. Chapter 3. Important Reminder of Browsing

  13. (Preparation of Devices, packet communication fees)
    1. The Website and the Service are provided to User via internet which User shall operate at User’s own liability and expense, including the payment of all packet communication fees. User shall set up and operate every device, communication tool, software, etc. to securely connect to and use the Website and the Service.
  14. (Disclaimer of Warranties, Exclusion of Liability)
    1. NBK will exercise reasonable efforts to ensure quality, accuracy, and legitimacy of all information in the Catalog and on the Website. However, in the event of any issue, damage, loss, etc. arises from any information or other content in the Catalog or on the Website, NBK assumes no liability and responsibility therefor.
    2. NBK will exercise reasonable efforts to maintain all information on the Website free from defect, error, falsity, or other factually inaccurate information. However, NBK assumes no liability and responsibility therefor.
    3. User’s exclusive remedy and NBK’s entire liability, if any, for any claims arising out of these Terms and User’s use of the Website shall be limited to the amount paid by User for products purchased from the Catalog or Website during the 12-month period before the act giving rise to the liability. User agrees to defend, indemnify and hold NBK and NBK’s affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from User’s use or misuse of the Catalog or Website. NBK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with NBK in asserting any available defenses.
    4. IN NO EVENT SHALL NBK OR ITS AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT NBK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CATALOG OR THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE WEBSITE. FURTHER, NBK SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ASSISTANCE (SUCH AS CREDIT CARD PROCESSORS) IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE CATALOG OR WEBSITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
    5. NBK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    6. ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE CATALOG OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  15. (Ownership of Copyright, Prohibition of Reprinting Information)
    1. Unless otherwise noted, all text, images, photographs, graphics, illustrations, descriptions, data and other material (“Content”) provided by NBK in the Catalog, on the Website or otherwise through the Service are protected by copyrights, trademarks, service marks and other proprietary rights that are owned by NBK.
    2. User may only view and use the Content for ordering through the Service, and for no other purpose, and User shall retain intact all copyright and other proprietary notices. Except for the foregoing, NBK does not grant User or any other person the right to use, reproduce, modify, transmit, display, publish, sell, license, distribute by any means, method or process whatsoever, any of the Content transmitted through NBK’s Service without the prior written consent of NBK, which consent may be withheld in NBK’s sole discretion. In the event NBK provides its prior written consent to User, User shall specify the Website as a reference source and otherwise comply with all other instructions provided in the NBK consent.
  16. (Prohibition)
    1. In addition to any other prohibition set forth in these Terms, User shall not do any of the following in connection with User’s use of the Services:
      1. Assign, transfer, lend, etc. all or any part of User’s rights in connection with the Service to any third party;
      2. Direct any third party use or operate User’s Account or the Service for User or for any third party;
      3. Do any act that may cause damage to NBK or any third party: such as hacking, sending viruses or spam mails or facilitation or conducting similar activities;
      4. Convert, alter or otherwise manipulate any program, software, or other information or processes on the Website in any manner;
      5. Violate any laws and/or regulations, or to do or authorize any act that may violate any laws and/or regulations;
      6. Do or permit any act that offends or is against the public order and morals;
      7. Input, send or state in orally or in writing, any false information;
      8. Cause damage to or liability upon NBK and/or any third party;
      9. Interrupt operation of the Service; or
      10. Act in a manner that NBK deems unsuitable.
    2. A User who violates the provisions of Section 14-1., even after User’s account is terminated, shall be solely responsible for and immediately pay any and all damages, costs and expenses of NBK or any third party caused by the violation.
  17. (Penalties)
    1. If User does any of the following, NBK may suspend User’s Account, restrict User’s access to the Service, or terminate User’s Account, without notice.
      1. User violates the provisions of section 14-1;
      2. User infringes any copyright, intellectual property rights, privacy rights or any other rights of NBK and/or any third party;
      3. User willfully and intentionally refuses to accept delivery of Product(s);
      4. User performs or authorizes any act in contravention of any provisions or articles of the Terms, the GENERAL TERMS & CONDITIONS or any other guidelines on the Website;
      5. User does not follow any instruction of NBK related to use of the Services; or
      6. NBK, in its sole discretion, deems User to be unsuitable.
  18. (Treatment of Registered Information)
    1. NBK uses the Registered Information only for the Services and any other services related thereto or in connection therewith in accordance with NBK’s Privacy Policy.
    2. NBK does not disclose or offer Registered Information to any third party; provided, however, such non-disclosure shall not apply where:
      1. User has consented to such disclosure or offering;
      2. Information is disclosed or offered as masked data;
      3. The disclosure or offering is permitted under applicable law and regulations;
      4. The disclosure or offering is required by any court or other public agency in accordance with applicable laws and/or regulations; and
      5. NBK delegates or otherwise assigns some or all of the Services to any third party for the purpose of providing the Services.
    3. NBK may send information related to any Service NBK provides to User by using the Registered Information, historical information of User’s activity on the Website or User’s information otherwise disclosed in the ordinary course of dealings with NBK and User acknowledges and agrees to the usage of the Registered Information and other information.
  19. (Method of Notice)
    1. NBK may use any reasonable form of notice to communicate with Users including, without limitation, by email and email newsletter (without regard to whether a User has blocked emails or email newsletters from NBK) and/or posting information on the Website.
    2. Notice sent by email will be deemed received at the time the email is sent by NBK to an email address specified by User (without regard to whether a User has blocked emails or email newsletters from NBK) and Notices posted on the Website shall be deemed received at the time of posting to the Website.
    3. Users shall configure Registered Information email accounts to receive emails from NBK. If User does not configure User’s email account settings to receive NBK emails, User is solely responsible for any and all damages of Users caused by the non-configuration.
    4. Unless User promptly notifies NBK after receipt of any notice, the User shall be deemed to agree to such notice upon receipt.
    5. In the event User does not receive notice from NBK as a result of User’s intentional act or negligence (such as inputting an incorrect email address or not promptly updating Registered Information) NBK deems that User has agreed to the notice upon receipt.
  20. (Exclusion of Liability by Force Majeure Occurrence)
    1. All or part of the Service may be interrupted from time to time and at any time without liability of NBK upon the following:
      1. The Website or NBK’s business operations is/are suspended because of circumstances beyond NBK’s control including, without limitation, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding NBK from performing its obligations under any contract (“Force Majeure”);
      2. NBK is performing maintenance or updating the Website and/or the Service;
      3. NBK determines that it is necessary to temporarily suspend the Website and/or the Service;
    2. NBK accepts no liability for any damage of User arising directly or indirectly from the temporary interruption described in Section 18-1.
    3. Even if a delay in delivery or loss of Product(s) occurs as a result of Force Majeure or any reason not attributable to NBK, NBK shall have no liability for any damage, nor responsibility to refund the Purchase Price or any Additional Costs or other fees that User has already paid.
    4. In the event NBK finds it difficult to continue providing the Service, notwithstanding the conditions of Article 19, NBK may terminate the Service without prior notice to User.
  21. (Termination of the Service)
    1. Other than as set forth in Section 18-4, where no notice is required, NBK may terminate the Website and/or the Service at any time upon 1 months’ prior notice of the date of termination. Notice of termination shall be sent by NBK in accordance with Article 17.
    2. NBK shall not be liable for any damage of User and/or third party arising directly or indirectly from the termination of the Service.
  22. (Jurisdiction)
    1. Section 21. Governing Law of the GENERAL TERMS & CONDITIONS shall apply to Jurisdiction.
  23. (Change of These Terms)
    1. NBK shall have the right at any time and without prior notice to User, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Service. Such revisions and additional shall be effective upon posting of the revised or additional terms and conditions on the Website.
    2. User is responsible for checking these Terms each time User uses the Service. In the event User uses the Service or submits an Offer to purchase Product(s) through the Service after any change of these Terms, User’s Offer shall constitute User’s acknowledgement and agreement to the changed Terms.
  • HOME
  • NET SHOP TERMS FOR CATALOG AND INTERNET SALES

Customer Service

  • Usage Method
  • Technical Question
  • Customization Products

NBK America LLC

9:00 to 17:00 on weekdays, Eastern Standard Time