Terms & Conditions of Sale
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of Services (“Services”) by NexaBazaar Electronics, Inc (‘nexabazaar’) and its affiliates as well as by third party vendors and/or service providers of nexabazaar. Services are defined as any service and/or content nexabazaar makes available to or performs for Customer, as well as materials displayed, transmitted or performed on the website (www.nexabazaar.com). These terms and conditions (“Agreement”) take precedence over Customer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither nexabazaar commencement of performance or delivery shall be deemed or construed as acceptance of Customer’s supplemental or conflicting terms and conditions. nexabazaar failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Customer’s acceptance of the Products and/or Services from nexabazaar shall be deemed to constitute acceptance of the terms and conditions contained herein. These terms are subject to change and may be revised at any time. All revisions will be effective upon nexabazaar posting updated terms to its website.
Orders
All orders placed by Customer are subject to acceptance by nexabazaar. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that nexabazaar accepts the purchase order. nexabazaar may in its sole discretion allocate Product among its Customers. nexabazaar may designate certain Products and Services as non-cancelable, non-returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in nexabazaar NCNR Letter, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere. NCNR Orders may not be cancelled or rescheduled without nexabazaar written consent.
Price
The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in nexabazaar cost, change in market conditions or any other causes beyond nexabazaar reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
Taxes
Unless otherwise agreed to in writing by NexaBazaar, all prices quoted include freight and shipping costs and sales tax, compliant with federal, state, and local tax regulations. All prices quoted are exclusive of insurance costs. Customer agrees to indemnify and hold NexaBazaar harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on NexaBazaar invoice.
Terms of Payment
Payment may be made by check, money order, credit card, PayPal or wire transfer (all fees are borne by the Customer). Where nexabazaar has extended credit to Customer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. If Customer fails to make each payment when it is due, nexabazaar reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which nexabazaar has extended credit to Customer. In the event of default by Customer, nexabazaar shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
At any time, nexabazaar may change the terms of Customer’s credit. nexabazaar may apply payments to any of Customer’s accounts. If Customer defaults on any payment, nexabazaar may reschedule or cancel any outstanding delivery or Order and declare all outstanding invoices due and payable immediately. Unless otherwise provided by applicable law, Customer credits provided by NexaBazaar will expire if unused within 12 months.
Delivery & Title
All deliveries from SparkFun to a Customer’s delivery location are in accordance with Incoterms 2010 FCA (“Free Carrier”) unless otherwise specified in writing. Title & risk of loss pass to the Customer upon delivery to the carrier. NexaBazaar delivery dates are estimates only and NexaBazaar is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of SparkFun, nor shall the carrier be deemed an agent of NexaBazaar . A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
Product Returns, Refunds & Exchanges
Returns
Only products originally shipped from NexaBazaar or from an authorized supplier (drop-ship) will be considered for return to NexaBazaar. By a Customer requesting return of products to NexaBazaar, the Customer certifies that the products were purchased from NexaBazaarand there has been no substitution of the product from another supplier, distributor or other source of the product. Returns must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a NexaBazaar representative via a Return Material Authorization (RMA)
Exchanges
Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from NexaBazaar that have been used or altered and any items that have been sold NC/NR will not be accepted for exchange.
Non-Cancelable and Non-Returnable (NCNR) Items
Because of the custom nature of NCNR orders, our standard return and cancellation policies do not apply. Once the Product has been shipped from NexaBazaar, those Products cannot be returned. If NexaBazaar(a) holds Product(s) in our inventory for Customer, (b) orders specialty Product(s) specifically for an order from a third party supplier, (c) has begun manufacturing Product(s) based on order, (d) an Order for an A La Carte (ALC) board has been placed, or (e) has begun manufacturing a Custom Kit, that order cannot be canceled. A Custom Kit is defined as any kit that has been modified from our storefront SKU to be customized to the customer’s specifications.
Return Freight/Restocking Fee
NexaBazaar reserves the right to charge cancellation fees. NexaBazaar does not refund the original shipping and handling. Customer is responsible for all return freight charges. NexaBazaar does not accept COD shipments.
Refunds
Upon receipt and inspection of returned item(s), NexaBazaar will advise of the refund status. In this case of factory warranty or failure analysis, NexaBazaar will issue any applicable credit pending manufacturer confirmation of failure. NexaBazaar initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account. Returns for Orders older than 30 days or returns including merchandise that is not in original condition or unable to be restocked, NexaBazaar reserves the right to deny the return or change the refund method to store credit.