TERMS OF USE, WARRANTY & LIABILITY WAIVER
Updated March 22, 2021
Nill Building Solutions (the “Seller”) offers its products to the purchaser (the “Purchaser”) with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses.
Please review this information carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using, or allowing use of Seller’s products indicates Purchaser’s
agreement to these terms. If Purchaser does not wish to agree to these terms, Purchaser has ten (10) days from the date of purchase to contact the seller to discuss options for the return of the unused product.
Terms of Use
The product is offered to Purchaser conditioned upon Purchaser’s acceptance without modification of the terms, conditions and notices contained herein. The product has been designed for a specific use determined by Seller. Modification of the product(s) through use or misuse, application of additional components and/or removal of provided components, can lead to product malfunction causing serious risk. Risks include but are not limited to product damage, property damage, serious physical injury, disability and/or death. This product may not be used for unlawful purposes and such uses are expressly prohibited under the terms and conditions of its use.
Limited Replacement Warranty
The Seller warrants to the Purchaser that the Products will be free from defects in workmanship and materials and will conform to Seller’s pecifications [except where Purchaser has provided Seller with detailed drawings and/or written specifications and Seller has approved such drawings and specifications, in which case Products will conform to Customer‐supplied specifications]. This warranty will continue for twelve (12) months from the date of purchase of the Products and only applies to the original Purchaser. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SAID IMPLIED WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED.
To take advantage of this Limited Replacement Warranty, please email customer service at info@nillbuildingsolutions.com to obtain a Return Merchandise Authorization (RMA) number. Proof of purchase, date, and an explanation of the complaint must be included in your email to receive an RMA number. After receiving an RMA number, place the item(s) and the return form provided securely in its original packaging, and mail your return to the following address:
Nill Building Solutions
ATTN: Returns
RMA #
67 Mariner Drive
Southampton, NY 11968
United States
If Seller verifies the defect, Seller will replace the product at Seller’s election or Seller may elect to refund the purchase price if Seller cannot readily and quickly provide Purchaser with a replacement.
Seller may require a debit or credit card number to secure the cost of the replacement product in the event that Purchaser fails to return the defective one. Seller will return repaired products at Seller’s expense, but if Seller determine there is no defect, or that the defect resulted from causes not within the scope of this warranty, then Purchaser must bear the cost of returning the product.
High Risk Activity
Product(s) sold by Seller include products used in a variety of construction applications. Participation in these activities is associated with a high level of risk. Risks include, but are not limited to, serious physical injury, disability and/or death. Purchaser participates in this activity at Purchaser’s own risk.
Assumption of Risk
BY BUYING, USING, OR ALLOWING THE USE OF SELLER’S PRODUCTS, PURCHASER EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH THE PRODUCTS WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF SELLER, INCLUDING, BUT NOT LIMITED TO, PRODUCT MALFUNCTION FROM USE, MISUSE, OR NEGLIGENCE, OR ANY OTHER FAULT OF SELLER. ADDITIONALLY, PURCHASER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY THIRD PARTY CLAIMS ARISING FROM SUCH PRODUCT USE, MISUSE, OR MALFUNCTION.
Limitation of Liability
As set forth above, under the limited warranty provisions, Seller liability is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall Seller liability exceed the value of the product(s) sold. In no event shall Seller be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Entire Obligation
These terms state the entire obligation of Seller with respect to the product(s). If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to, the warranty disclaimers, liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full
force and effect.
Applicable Law
Purchaser’s order from Seller and this disclaimer statement are governed by the laws of the State of New York, USA. Purchaser hereby consents to the exclusive jurisdiction and venue of the State of New York, USA, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Modification of Terms and Conditions
Seller reserves the right to change the terms, conditions and notices under which its products are offered at any time without notice.