Terms of Use
THESE TERMS AND CONDITIONS (“TERMS”) ARE TO BE READ TOGETHER WITH THE APPLICABLE ELECTRONIC INVOICES. BY USING THIS WEBSITE, SIGNING UP FOR ACCESS AS A USER, AND/OR PURCHASING ITEMS USING THIS WEBSITE YOU AGREE TO THE TERMS SET OUT HEREIN. ANY USER OF THIS WEBSITE IS A “CUSTOMER” (also referred to as “you” and “your” and “they”) UNDER THESE TERMS.
The following Terms govern the sale by NRI INDUSTRIAL SALES LLC ("Seller", “us”, and “we”) to Customer of the products and services (the "Products") listed for sale on NRIPARTS.COM and/or http://stores.ebay.ca/NRI-Industrial-Sales and/or http://stores.ebay.com/NRI-Industrial-Sales (collectively the “Website”).
(a) Payment Information and Authorization
To purchase Products or services through this Website, the Customer must provide valid credit card or other payment information (the “Information”). The Customer represents and warrants that the Information is accurate, current, and complete and that the Customer is authorized to use the selected payment method. By submitting an order and clicking “Checkout Now”, the Customer authorizes the Seller (and its payment processor) to charge the payment method for the total amount presented at checkout, including the price of the Products and services purchased, applicable taxes, and any other amounts disclosed at checkout. Payment is due at the time of purchase.
(b) Payment Processing, Security, and Third Parties
Payments may be processed by third-party payment processors. The Seller does not store full payment card numbers except as necessary to process transactions and as permitted by applicable law and payment network rules. The Seller uses commercially reasonable safeguards designed to protect payment-related information, but no security procedure can guarantee complete security.
(c) Pre-Authorization and Verification
The Seller may place a pre-authorization hold on the Customer’s payment method and may take reasonable steps to verify the Customer’s identity, payment information, and order details, including requesting additional information. The Seller may refuse, suspend, or cancel any transaction where verification cannot be completed to the Seller’s satisfaction or where the Seller reasonably suspects fraud, unauthorized activity, or a violation of applicable law.
(d) Unauthorized Use and Chargebacks
Even with appropriate safeguards, there is a possibility of fraudulent or unauthorized transactions. If the Customer believes unauthorized use of their payment method has occurred, the Customer should promptly follow the reporting procedures of their card issuer and notify the Seller immediately. The Customer agrees not to initiate a chargeback without first providing the Seller a reasonable opportunity to investigate and resolve the issue, unless applicable law requires otherwise. The Seller may provide transaction and fulfillment documentation to the card issuer in response to any chargeback.
(e) Pricing, Availability, and Corrections
The Seller may update or modify Product descriptions, Seller-provided warranties, availability, and prices at any time. If a Product or service is listed at an incorrect price or with incorrect information due to an error, product unavailability, changing costs, or other business factors, the Seller may, in its sole discretion, correct the error, cancel the order, or contact the Customer for instructions. If the Seller cancels an order after the Customer has been charged, the Seller will issue a refund in accordance with the Seller’s refund policy.
(f) Taxes
For orders shipped to destinations within the United States, applicable sales tax will be calculated and displayed at checkout in accordance with applicable state and local tax laws. Orders shipped outside the United States are not subject to US sales tax unless otherwise required by applicable law.
(g) International Transactions
Customs duties, import fees, taxes, tariffs, brokerage fees, and other governmental charges applicable to international shipments are not included in the Product price or shipping charges unless expressly stated otherwise in writing. Such charges are assessed by the destination country and are the sole responsibility of the Customer.
The carrier or customs authority may contact the Customer to arrange payment of applicable charges. Seller is not responsible for any delays, additional costs, returned shipments, or non-delivery resulting from the Customer’s failure to pay applicable customs or import charges.
1. Prices and Payments
(a) Shipping Information
All Products are ordered, shipped and charged directly from the Seller. The Seller will answer all questions regarding your purchase. Customer support contact information will be provided in your order confirmation. Product is not shipped on approval, so please be sure to check carefully the specifications and description of the Product and to ensure it fits with the application of the Product(s) you have selected when you place your order. Please be sure of all shipping information before ordering, as shipping address changes will not be allowed after order placement of an order on the Website.
(b) Insurance
The Seller will insure the shipment of Products through its own carrier, and in the event of a loss Seller will file a claim on your behalf for the original value paid for the Products, and you hereby subrogate all your rights pursuant to this claim to Seller upon Seller providing you with a refund of the original value you paid for the Product.
(c) Seller Account Shipping
If you elect to ship your Products collect using the Seller’s account with any third party carrier, you agree that you shall be responsible for any expenses incurred by the Seller in recovering amounts due in the event of non-payment for any reason. Such expenses may include, without limitation, shipping charges, carrier fees, collection agency fees, bank fees (including insufficient funds charges), and the Seller’s legal fees on a substantial indemnity basis. The availability of collect shipping for any given shipment is subject to the applicable carrier’s policies and the Seller’s sole discretion.
You may also arrange your own shipping of Products by retaining your own carrier. All Products are freight on board at the Seller’s warehouse, and you assume all risk and liability for any shipping costs from that point.
(d) Shipping Time
If a Product is in stock and you have opted for Seller shipping, Seller will generally ship the Product on the next business day following order confirmation, provided the order is received before 3:00 p.m. Eastern Time on a business day (the “Cutoff Time”). Orders received after the Cutoff Time, or on a weekend or statutory holiday, will be processed and shipped on the next business day. Any express and/or same-day shipping options, if offered, are subject to availability, destination, and carrier limitations. Seller will upload tracking information once the Products have been shipped.
(e) Freight and Oversized Shipments
Certain Products, including but not limited to items exceeding 120 lbs. or oversized dimensions, may require shipment via Less-Than-Truckload (LTL) freight rather than standard parcel carriers. Freight shipping charges are not included in the Product price unless expressly stated otherwise at checkout. If additional freight charges apply, Seller will notify the Customer and provide a shipping quote. Shipment will not be arranged until the Customer confirms and pays the applicable freight charges. The Customer is responsible for ensuring that the delivery location is accessible for freight delivery, including appropriate unloading capabilities where required. Additional accessorial charges imposed by the carrier (including liftgate service, residential delivery, limited access, redelivery, or storage fees) are the responsibility of the Customer.
(f) You are responsible for all applicable import or customs duties, taxes, and charges, and tariffs, and these are not included in the Product price or shipping cost. Any information provided by the Seller regarding applicable import or customs duties, taxes, tariffs, and charges should only be used as a guideline, as these charges are subject to change.
(g) Territorial Restriction
The Seller’s Website can be accessed from United States and other countries around the world. The Customer understands that some or all Products provided on this Website may not be available for purchase to people or entities residing in certain jurisdictions or geographical areas. The Seller reserves the right, in their sole discretion, to exclude or otherwise limit the provision of any Product to a person or entity residing in any jurisdiction or geographical area. The Seller does not represent or warrant in any way that any Product provided on this Website will be available for purchase to the Customer.
(h) Product Condition and No Affiliation
(i) All trademarks, service marks, product names, logos, and brands appearing on the Website or on Products are the property of their respective owners. Seller is not affiliated with, sponsored by, authorized by, or an agent or representative of any manufacturer unless expressly stated in writing. Seller uses trademarks only to identify the manufacturer and/or brand of the Products offered for sale, and for no other purpose.
(ii) Except as expressly stated in writing by Seller for a specific Product, all Products are sold AS IS and WITH ALL FAULTS, and Seller disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. Any manufacturer warranty, service plan, support, software license, registration, recalls, updates, or similar benefits may not apply to Products sold by Seller, including because Products may be surplus, used, refurbished, or sold outside an authorized channel. Seller does not represent that any manufacturer warranty applies and Customer is solely responsible for confirming any manufacturer warranty or support directly with the manufacturer. Any Seller statement that a Product is “working,” “tested,” or “in good working condition” is a limited assurance only as of shipment/delivery and does not constitute a manufacturer warranty or a guarantee of future performance.
(iii) Products may be new, surplus, used, refurbished, or “new other,” as described on the Website and/or invoice. “Used” items may show cosmetic wear, missing non-essential accessories, or prior installation marks. “Refurbished” items may have been inspected, repaired, cleaned, or tested by Seller or a third party and may not meet manufacturer factory specifications. The condition stated in the listing controls, and photographs are provided for illustration and may not depict every cosmetic defect.
(iv) Extended Warranty Terms - available at extended-warranty-terms. Any “NRI Extended Warranty” (including any “extended warranty,” “warranty,” “guarantee,” “tested,” “working,” or similar assurance offered by Seller) is offered solely by Seller and, unless expressly stated in the applicable Product listing or invoice, applies only to Products identified by Seller as refurbished, repaired, rebuilt, reconditioned, or used (each, a “Covered Used Product”) and does not apply to Products identified as “new,” “new other,” “surplus new,” or similar categories. For clarity, the NRI Extended Warranty is not a manufacturer warranty and is not issued, sponsored, endorsed, administered, or authorized by any original equipment manufacturer (“OEM”), and Seller makes no representation that any OEM warranty, service plan, software license, registration benefit, recall support, or other manufacturer-provided program applies to any Product sold by Seller. Customer acknowledges it is purchasing from Seller (as the merchant of record) and not from the OEM, and agrees not to represent to any third party that any Product was purchased from, warranted by, serviced by, or otherwise authorized by the OEM based solely on Seller’s resale of such Product or the availability of the NRI Extended Warranty.
(i) Returns
(i) Returns for Damage/Unable to Meet Lead Time
If you purchased Products from us and wish to return them due to damage or because we failed to meet our quoted lead time, Products may be returned within thirty (30) days of shipment for a full credit or exchange, subject to the conditions below. Customers who create a free NRI account may be eligible for an extended return period of forty-five (45) days from shipment, as described on the Website. Free return shipping applies only to Products identified as “NO” (New Without Factory Packaging) or “U” (Used), and only where:
(a) the Product is not as described or represented;
(b) the Product does not function as described;
(c) the Product was damaged during shipping; or
(d) in the case of back-ordered Products, Seller fails to meet the quoted lead time by three (3) or more business days.
To qualify for a refund or exchange:
(i) the Customer must initiate the return within the applicable return period;
(ii) the Product must be returned in accordance with the return procedures set
(iii) upon receipt, Seller will inspect the returned Product and determine, in its reasonable discretion, whether it meets the return criteria;
(iv) Products identified and sold as “New” must be returned in original manufacturer packaging. Removal from manufacturer packaging or tampering with factory seals voids any refund or return request; and
(v) all security seals must be intact and match Seller’s records.
If the above conditions are satisfied, Seller will, at its option, either (a) provide an exchange for an identical Product, or (b) issue a full refund of the purchase price paid, including original shipping charges where applicable under the free return policy. Requests submitted after the applicable return period will not be accepted. Additional details regarding the return process are available on the Website under “Guarantee & Refunds.”
(ii) Returns for Other Reasons
You may return any product for “Buyer’s remorse”, or because it’s not appropriate for a particular use within thirty (30) days of purchase. If returning a product for these reasons, you remain responsible for the payment of all associated shipping, delivery, customs, import duties, taxes and V.A.T., as applicable. We also reserve the right to charge you an inspection fee if a returned product appears to be damaged, missing parts, or not to be the product delivered. In such cases, we reserve the right to deduct any such charges from the amount of any refund that may be paid.
(a) To the maximum extent permitted by applicable law, in no event shall Seller or its affiliates, officers, directors, employees, agents, suppliers, or service providers be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, or the cost of substitute goods or services, arising out of or relating to any Product, any delay or failure in delivery, any return or refund, these Terms, or the use of the Website, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. To the maximum extent permitted by applicable law, Seller’s aggregate liability for any and all claims arising out of or relating to any transaction or Product shall not exceed the amount actually paid by Customer for the specific Product giving rise to the claim or, USD $10,000, whichever is less, and in all cases shall be reduced by any refund or credit issued to Customer.
(b) Any legal action by the Customer must be commenced within one (1) year after the event giving rise to the claim, failing which such claim is permanently barred to the maximum extent permitted by applicable law. Customer’s sole and exclusive remedy for any Product defect, nonconformity, or dissatisfaction is limited to the return, replacement, or refund expressly permitted under these Terms, at Seller’s option, and subject to the conditions and time limits stated herein.
(c) Customer is solely responsible for confirming (i) compatibility, specifications, and suitability for Customer’s intended use, (ii) safe installation, integration, operation, maintenance, and compliance with all safety standards, manufacturer instructions, and applicable law, and (iii) any required inspections, certifications, or permits. Seller does not provide engineering, installation, or safety advice unless expressly agreed in writing.
While we use reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether expressly or by implication) that any content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Website is at your own risk and we may suspend or terminate operation of the Website at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on this Website does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
(a) Program Description and Consent
We may send SMS or MMS messages as part of its account security and authentication features, including two-factor authentication (2FA). By providing your mobile number and enabling 2FA (or otherwise requesting security codes), you expressly consent to receive automated security and transactional text messages from us, including one-time passcodes, login and identity verification messages, password reset codes, account change confirmations, and other account security alerts. These messages are sent for security and service purposes and are not marketing messages.
(b) Message Frequency
Message frequency varies based on your account activity, login attempts, security events, and your use of 2FA.
(c) Message and Data Rates
Message and data rates may apply. Your mobile carrier may charge fees for SMS or data usage and you are responsible for any such charges.
(d) Opt-Out and Help
You may opt out of SMS security messages at any time by replying STOP to any message. After you opt out, you may no longer be able to use SMS-based 2FA or receive SMS security alerts, and you may need to use an alternative authentication method to access your account. For assistance, reply HELP or contact us using the information below. You may re-enable SMS 2FA at any time through your account settings (or by following the instructions provided at that time). If you experience issues related to SMS communications or account authentication, you may contact NRI Industrial Sales LLC at:
Email: [email protected]
Phone: 1-888-995-9813
Website: www.nriparts.com
(e) Account Security and CASL and U.S. Anti-Spam
SMS messages sent under this section are provided to facilitate account access and security and are intended to qualify as transactional, service, or security communications. We will not send you marketing SMS messages. Where required by applicable law, you may withdraw consent to non-essential electronic messages at any time.
(f) Service Providers
We may use trusted third-party providers, including telecommunications carriers and messaging vendors, to deliver SMS messages on our behalf. These providers may process your phone number and message metadata solely to transmit and support the messages. We do not sell your phone number.
(g) Delivery and Availability
We do not guarantee the delivery, timing, or availability of SMS messages. Delivery is subject to your mobile carrier’s and network provider’s effective transmission, and SMS may not be available in all areas or on all carriers. SMS messages may be delayed or not delivered for reasons outside of our control.
(h) Eligibility and Updates
You represent that you are the authorized user of the mobile number provided and that you will promptly update your account information if your mobile number changes. If you change or deactivate your mobile number, you agree to update your account information before any change becomes effective to avoid messages being sent to the wrong recipient.
(i) Privacy
For information about how we collect, use, and share personal information in connection with SMS and account security, please see our Privacy Policy.
(a) Entire Agreement
These Terms, along with the policies referred to herein, constitutes the entire agreement between the Seller and the Customer, and cancels any written or oral agreements between the parties.
(b) No Oral Representations
Customer acknowledges and agrees that it has not relied on any statement, representation, promise, sample, or description not expressly set out in these Terms or in the applicable Product listing and invoice, and that any descriptions, specifications, images, or other information provided on the Website or by Seller are provided for convenience only and may not be complete. No amendment, modification, waiver, or supplement to these Terms (or to any order) shall be binding unless in writing and signed by an authorized representative of Seller, and no email, chat, or oral communication(including any advice or recommendations) shall modify or supplement these Terms.
(c) Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations under these Terms.
(d) Modification
The Seller may at any time modify these Terms and your continued use of this Website will be conditioned on the Terms in force at the time of your use.
(e) Additional Terms
Additional terms and conditions may apply to reservations, purchases of Products and other uses of portions of this Website, and you agree to abide by such other terms and conditions as they are communicated to you.
(f) Severability
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability for any other remaining provisions.
(g) Governing Law and Arbitration
These Terms and any dispute, claim, or controversy arising out of or relating to any Product, transaction, or the Website (whether in contract, tort, statute, or otherwise) shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. Any such dispute shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Ohio, in the county where Seller’s principal place of business is located, in the English language, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in any arbitration or court proceeding permitted under these Terms shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, ANY PRODUCT, OR ANY TRANSACTION CONTEMPLATED HEREBY. Notwithstanding the foregoing agreement to arbitrate, Seller may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect its confidential information, prevent fraud, or enforce its intellectual property rights.
(h) Force Majeure
The Seller shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.