By accessing NCO RETAIL e-Commerce site, you are agreeing to the following terms and conditions (as modified from time to time) without notice, and each time that you access NCO RETAIL you reassert your agreement.
Terms and Conditions of Sale
All sales of product via NCO RETAIL shall be pursuant to NCO RETAIL's standard terms and conditions, as amended from time to time without notice. Any conflicting terms in your purchase order or elsewhere are without effect. Your purchase via NCO RETAIL is deemed to be a purchase pursuant to a written agreement.
- Disclaimer -
PRODUCT PURCHASED VIA NCO RETAIL's E-COMMERCE WEB SITE IS ON AN "AS IS" BASIS AND NCO RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS. NCO RETAIL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NCO RETAIL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE NCO RETAIL WEB SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
- Limitation on Use -
The products sold hereunder are not designed for, and NCO RETAIL has no desire (i) to enter the life support market or to supply goods for use in life support systems, critical care applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury or persons or loss of life or catastrophic property damage, or (ii) expose itself to the risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products. Therefore, NCO RETAIL disclaims any and all liability, and should you use or sell such products for use in such applications, you do so at your own risk.
- Limited License -
The information and databases provided to you via NCO RETAIL are licensed to you by NCO RETAIL for your use only in the ordinary course of your business for your review, selection and purchase of products from NCO RETAIL. This license is non-exclusive, non-transferable, and may be terminated by NCO RETAIL with or without cause at any time.
- Limitation of Liability -
Except as specifically stated herein, neither NCO RETAIL nor any of its owners, shareholders, directors, officers, employees or other representatives will be liable for damages arising out of or in connection with your use of NCO RETAIL. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
IN NO EVENT SHALL NCO RETAIL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO NCO RETAIL's PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF NCO RETAIL OR OTHERWISE. NCO RETAIL's LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT NCO RETAIL's OPTION.
- Indemnity -
You agree to defend, indemnify and hold NCO RETAIL and its affiliates, and their respective owners, shareholders, directors, officers, employees and agents, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, arising from or in any way relating to your use of NCO RETAIL.
- Governing Law
This Agreement will be governed by the laws of Collin County and the State of Texas, USA, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
BY ACCESSING NCO RETAIL, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.