- "Site" refers to the website nitrochain.com
- "Nitro", "We", "Us" and "Our" refers to Nitro Power Products, LLC.
- "You", "Your", "Customer", "Buyer", "Visitor" & "User" refers to the purchaser of Products and/or person accessing this Site.
- "Products", "Product" and "Order" refers to sale of goods sold by Nitro to the Buyer
- "Terms" refers to all terms and conditions herein.
These Terms govern the sale of Products and use of the Site. Buyer's orders for Product placed verbally or written, electronic (eCommerce, email, electronic data exchange), shall constitute the acceptance of these Terms. The Terms herein will supersede any terms and conditions that's included with the Buyer's purchase orders for Products. At no time will these Terms be amended or supplemented without the written agreement by Nitro.
Copyright & Intellectual Property
Unless otherwise specified, all materials ("Materials") appearing on this Site, including the text, site design, descriptions, drawings, prints, diagrams, logos, graphics, trademarks, images, literature, downloadable files as well as the selection, assembly and arrangement thereof, are the sole property of Nitro. You may use the Materials of this Site only for the purpose of shopping and placing an order and for no other purpose. No Materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission by Nitro. Any unauthorized use of the Materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Nothing in these Terms shall be construed as a grant or assignment to license any rights to the Buyer or User for Nitro's intellectual property, copyrights or trademarks.
All pricing provided is in USD (U.S. Dollars). Price quotations are valid for thirty (30) days from the original quote date, unless noted differently in the quote. Prices do not include freight, shipping, handling fees, taxes or duties. We reserve the right to correct any pricing that was listed incorrectly due to a typographical error, whether or not the order was already accepted, shipped and invoiced. Pricing is for Nitro's standard packaging for shipments made within the United States. Export shipments and/or special packaging requirements requested by the Buyer will incur additional charges.
Taxes, Duties & Fees
Nitro may charge and withhold sales taxes or other taxes when required by federal, state or local government. If Buyer claims sales tax exemption, then Buyer is obligated to provide Nitro with all valid tax exempt documentation from all jurisdictions the Buyer claims exemption. By submitting any tax documentation to us, you certify that all information is valid and reflects your current tax status for the each Product purchased. Buyer is solely responsible to notify Nitro if there are any changes to the Buyer's tax status.
Any additional duties, taxes, fees or other charges imposed by a governmental authority, shall be paid by the Buyer, or charged to the Buyer if paid by Nitro.
Payments & Payment Terms
Payments shall be made in USD (U.S. Dollar). We accept the following credit cards: Visa, MasterCard, American Express and Discover. Net 30 payment terms are available upon credit application approval. Net 30 terms shall be paid within thirty (30) days of the invoice date. Past due accounts may lose Net 30 payment terms and placed on credit card terms indefinitely. Unpaid invoices will incur an interest rate of 1.5% or the maximum allowed rate under law. Buyer will be responsible to reimburse Nitro for all expenses that are incurred with collection, including all reasonable attorney fees for any past due invoices.
Blanket Purchase Orders
Nitro accepts blanket purchase orders from qualified Buyers for a maximum of a twelve (12) month supply of Products. Release quantities and frequency of shipments must be specified on Buyer's purchase order, otherwise Nitro will release on a monthly basis over a twelve (12) month period. All Products must be shipped within twelve (12) months of the first shipment date. Remaining Products not shipped within twelve (12) months will be packaged and shipped to the Buyer and paid by the Buyer per the original payment terms.
Delays: Shipments, Delivery & Lead Times
Delivery and lead time dates ("Date") provided by Nitro are only estimates. Uncontrollable delays ("Delay") such as, but not limited to, are natural disasters, fire, floods, pandemics, other weather related, material shortages, port congestion, transportation accidents, limited transportation, riots, labor shortage, quarantine restrictions, war, conditions considered “force majeure”, and actions of government can cause Delay's of the delivery of Products. Buyer shall hold Nitro free from any damages and losses caused by Delay's that may arise. The Buyer is still obligated to the Products in the event of a Delay, unless an agreement is made in writing by Nitro and subject to the section titled "Changes & Cancellations".
The Buyer may not delay the delivery or shipment of Products at any time without an agreement in writing by Nitro. If agreed by Nitro, the Buyer will be charged storage fees until the delivery of Products is made.
Title & Risk Of Loss
Title and risk of loss will transfer to Buyer when the Products have been delivered to the shipping carrier.
Made-To-Order & Special Order
Made-To-Order Products ("MTO") are non-standard Products that are manufactured & supplied to meet the Buyer's print(s) specifications. The Buyer is solely responsible to test and analyze that the MTO Product is suitable for the application in which its being installed on.
Special order Products ("Special Order") are Products that are not a standard stock Product offered by Nitro or an quantity far above our general stocking levels. Orders with Special Order Products will be listed as "Special Order" in the body of a quote, order & invoice. Special Order Products can not be cancelled or returned, unless agreed to in writing by Nitro and subject to section titled "Changes & Cancellations".
Special tooling ("Tooling") such as, but not limited to, are dies, jigs and fixtures used to manufacture and supply MTO Products to the Buyer. Nitro is the sole owner of any Tooling, even if a Tooling charge was paid by the Buyer.
Intellectual Property Infringements
The Buyer shall protect, defend, indemnify and hold Nitro harmless from any and all losses, liabilities, damages and expenses, such as, but not limited to, court costs and attorney fees arising out of any claims against an infringement of any patent, copyright, trade secret or other intellectual property right for MTO Products.
Changes & Cancellations
Buyer may not cancel or return any MTO or Special Order Products at anytime. If Nitro agrees to a cancellation in writing, then Buyer shall pay a cancellation charge determined by Nitro, for reasonable profits, any costs incurred and any additional expenses related to the cancellation.
At no time may the Buyer request a change in design, specification and/or material change to any MTO Products without the written consent of Nitro. If Nitro agrees in writing, then a quote will be provided with adjusted pricing and any costs associated with the change.
Buyers orders with standard stock Products may not be cancelled, changed, added-to or combined with another order, once the shipment has been processed.
Nitro warrants its Products to be free from material defects and workmanship within one (1) year from the shipment date. Buyer must present warranty claims to Nitro in writing describing the defect, including all diagnostic and any other testing results that supports the warranty claim. After the Buyer submits a written claim, the Buyer must return all Products to Nitro at their expense for inspection and diagnostic testing. Nitro's warranty will be void if there are any indicators of alteration, corrosion, abuse, misuse, improper drive design, installation error, overload, incorrect product size, wear & tear from normal use, abnormal wear, improper maintenance and accident will void any warranty.
THE ABOVE WARRANTY IS THE SOLE WARRANTY FOR PRODUCTS. NITRO DISCLAIMS ALL OTHER WARRANTIES WHETHER, EXPRESS AND IMPLIED, INCLUDING DESIGN, PRODUCT PERFORMANCE, PRODUCT LIFE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The following list of Products are not warranted by the Limited Warranty at any time and supplied "AS IS".
- Any Tools (Example: roller chain breakers & chain pullers)
- Product blanks (Products where the final machining is completed by the Buyer or third-party)
- Altered Products (Products that have been altered from the original state)
- Prototype Products & Product Samples
- Roller chain being assembled from individual components by the Buyer or third-party.
- Promotional Products
- Clearance Products
- Products For Testing (Testing is usually a destructive process.)
Limitation Of Liability
Nitro's liability for defective Products, or in event of a breach of warranty, the exclusive remedy shall be limited to repair or replacement, not exceeding the original purchase price. Under no circumstances will Nitro be liable to the Buyer, Buyer's customer or any third parties for indirect, incidental, special, consequential damages, loss of business, labor charges, costs of disassembly and assembly, loss of profits, whether arising from negligence, tort, warranty, non-delivery, delays or non-completion.
Nitro Plus Accounts & Resale Of Products
The Nitro Plus Accounts ("Nitro Plus Account") are special accounts offered to qualifying Buyers. To maintain an active Nitro Plus account, the Buyer must spend a minimum of $5,000 USD in purchases of Products per calendar year. Buyers falling below the $5,000 USD may lose the Nitro Plus Account and all discounts associated with the account. Nitro Plus Accounts require a $50 USD minimum per order placed. MTO, Special Order or clearance Products do not qualify for the discounts associated with the Nitro Plus Account. We reserve the right to discontinue, modify discounts, temporarily suspend or permanently close any Nitro Plus Account at any time for any undisclosed reason.
Resale Of Products
Buyer agrees not to sell Nitro® Products on any website that the Buyer does not own. To clarify, the Buyer agrees not sell on any third-party website, including but not limited to, Amazon, eBay, Walmart and/or any other sites where the domain(s) is not owned and operated by the Buyer. This is to combat counterfeit Products and the abuse of Nitro's copyrights, trademarks & intellectual property. Buyers listing Nitro Products for resale may not list pricing lower than our Minimum Advertised Price ("MAP"). Buyer must contact customer service for the MAP policy.
Promotions offered by Nitro are valid for new Orders placed within the dates specified. Any promotion is subject to change or discontinued any time without notice to the Buyer. Promotions are not valid for special quoted Products, MTO or Special Order Products. Certain promotions may not be valid for Nitro Plus Accounts.
Manufacturing techniques and improved features are always changing with modern technology, which can result in different Product dimensions and ratings than published on our Site or Product catalogs. Buyer is encouraged to confirm all Product dimensions or ratings with Nitro before purchasing.
Shipping & Return Policy
View Our shipping & return policy here.
The Site may contain third-party links to other websites. We do not have control of third-party websites content, practices, policies or privacy.
All Terms are subject to change any time without notice.