Terms and Conditions

Introduction

Welcome to the National Basic Sensor (“NBS”) web site. This web site has as its purpose to provide all prospective NBS customers with basic information that they would need in order to understand the policies, terms and conditions of an NBS order. NBS reserves the right to reject any proposed order because of a failure to complete the documentation correctly or because NBS believes that the selections by the prospective customer will be inappropriate for the need expressed. NBS does stand willing to assist in making sure that the items purchased are compatible, one with the other, and with the intended use but, obviously, only in response to the information given to NBS by the prospective customer in advance. If you have any questions concerning the terms of this web site, please feel free to contact NBS via mail at 455 Veit Road, Huntingdon Valley PA 19006, via facsimile at (215) 357-2406 or via telephone at (215) 322-4700.

Credit Cards

NBS is willing to accept orders through this web site based upon the customer’s credit card, but only those of VISA, MasterCard, American Express and Discover, and based upon the customer completing the appropriate documentation of such order through the use of this web site.

Warranty and Limitation of Liability

NBS warrants its products against defects in material and workmanship for at least one (1) year from the date of delivery, provided such product is properly applied, used and maintained. NBS does not warrant any product against damage from corrosion, contamination, misapplication, improper specification or wear and tear and operational conditions beyond NBS’ control. The terms of this warranty are the exclusive terms available to the Buyer and to any other person or entity to whom products are transferred during the period of this warranty. No person has the authority to bind NBS to a representation or warranty other than this express warranty. NBS shall not be liable for incidental or consequential damages resulting from the use of the products whether a claim for such damage is based upon warranty, contract, negligence or other cause of action. Should any product fail while subject to this warranty, such product shall be repaired or replaced, at NBS’ option, at no charge to the Buyer or to any other person or entity to whom the product is transferred during the period of this warranty. NBS must be notified of the alleged failure of the product within thirty (30) days of such event and advanced authorization for repair or replacement must be obtained in writing from NBS. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER SUCH WARRANTIES ARE SPECIFICALLY EXCLUDED. THE CORRECTION OF ANY DEFECT IN OR FAILURE OF THE PRODUCTS BY REPAIR OR REPLACEMENT TO THE EXTENT SET FORTH ABOVE, SHALL BE NBS’ LIMIT OF LIABILITY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES, DELAYS OR DAMAGES RESULTING FROM THE PURCHASE OR USE OF THE PRODUCTS. IN NO EVENT SHALL NBS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NBS SHALL NOT BE LIABLE FOR, AND THE BUYER AND ANY OTHER PERSON OR ENTITY TO WHOM THE PRODUCTS ARE TRANSFERRED DURING THE PERIOD OF THIS WARRANTY ASSUMES RESPONSIBILITY FOR, ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM OR RELATED TO THE HANDLING, POSSESSION OR USE OF THE PRODUCTS AND THE PRODUCTS MANUFACTURED AND SOLD BY NBS HEREUNDER.

Components, Systems and Use

The determination as to the acceptability and/or adaptability of any of NBS’ materials and products to the specific needs of the Buyer is solely the Buyer’s prerogative and responsibility. NBS neither states nor guarantees suitability of an item, a product or any material for a specific purpose.

Limitations

The Buyer is advised that equipment sold by NBS is not intended to be used, nor shall it be used: 1) as a “Basic Component” under 10CFR21(NRC), used in or with any nuclear installation or activity, or 2) in medical applications or used on humans. Should this equipment be used in or with any nuclear installation or activity, medical application, used on humans or misused in any way, Buyer will indemnify NBS and hold NBS harmless from any liability or damage whatsoever arising out of the use of the equipment in such a manner.

Price Revision

Prices are subject to change without advance notice. If NBS desires to revise the discounts, prices, points of delivery, service allowances or terms of payment but is restricted to any extent against so doing by reason of any governmental request, law, regulation, or action, or if the discounts, prices, points of delivery, service allowances or terms of payment then in effect are altered by reason of governmental request, law, regulation, order or action, NBS shall have the right (i) to terminate this order by notice to Buyer, (ii) to suspend deliveries for the duration of such restriction or alteration or (iii) to have applied to the order (as of the effective date of such restriction or alteration) any discounts, prices, points of delivery, service allowances or terms of payment governmentally acceptable. Any delivery suspended under this Section shall be canceled without liability.

Delivery

F.O.B. NBS’ Plant. Risk of loss shall pass to the Buyer on delivery at the F.O.B. point. The delivery dates are given to the best of NBS’ knowledge based on conditions existing at the time that information is received. NBS will use it best efforts to ship within the time estimated, but failure to make shipment as scheduled does not constitute a cause for cancellation and/or for damages of any character. The execution of this order is contingent upon strikes, fires, delays of carriers, and other delays and causes unavoidable or beyond control. NBS shall prepay freight, assure the shipment and select the means of transportation unless the Buyer provides specific written instructions otherwise with the Buyer’s order. It is understood that delivery of all or any part of any order is contingent upon NBS’ ability to get supplies and raw materials, and is further limited to the extent that the manufacturer’s ability to deliver may be affected by regulation of the U.S. government contracts. NBS shall not be bound to tender delivery of any quantities for which the Buyer has not given shipping instructions. NBS shall be entitled to designate from time to time the locations from which the Buyer may receive or pick up the products. Should our customer request that we ship our product by a third party shipping company which permits the insurance of items based upon the value declared, and our customer directs us to not declare a value, we will abide such request with the understanding that our customer will then be responsible for any and all losses sustained by NBS, above that which the shipper will repay which, in the absence of a valuation, is believed to be $100. Irrespective of the amount paid, the remainder of NBS’ loss will be the responsibility of our customer as we are abiding their directions.

Cancellation Charges

There will be no cancellation charge for non-modified stock products. Non-stock and modified-stock products may be subject to a cancellation charge to be determined by NBS, in its sole discretion, depending upon the portion of the order completed at the time of such cancellation.

Freight and Taxes

Prices do not include freight, federal, state or local taxes. Any increase in freight rates paid by NBS on deliveries covered by this order, including gas surcharges, and hereafter becoming effective and any tax or governmental charge or increase in same (excluding any franchise or income tax or other tax or charge based on income) (i) increasing the cost to NBS of producing, selling or delivering the products or of procuring the products used therein, or (ii) payable to NBS because of the production, sale or delivery of the products, such as Sales Tax, Use Tax, Retailer’s Occupational Tax, Gross Receipts Tax, Value Added Tax, Ways Fees or such similar assessments, at NBS’ option, be added to the prices herein specified and be added to invoice. Federal, state or local excise sales or use taxes shall be paid by the Buyer.

Return Policy

Prior approval must be obtained from the relevant NBS Plant to return any product. NBS will assign a return authorization number and record the reason for the return. NBS will examine returned products to determine the actual cause, if any, leading to the Buyer’s return. If the product has a manufacturing defect, NBS, in its sole discretion, may issue a credit for the returned product or repair or replace with like product. If returned product is not subject to NBS’ warranty, the Buyer will be notified of the estimated cost of repair, if possible. Thereafter, the Buyer must advise NBS whether or not the Buyer chooses to have the product repaired at the Buyer’s expense.

Excuse of Performance

(A) Deliveries may be suspended by NBS party in the event of : Act of God, war, riot, terrorist activity, fire, explosion, accident, flood, sabotage; delay of carriers; compliance with governmental orders or regulations or directions; national defense requirements or any other event, whether or not of the class or kind enumerated herein, beyond the reasonable control of such party; in the event of labor trouble, strike, lockout or injunction (provided that neither party shall be required to resolve a labor dispute against its best interests); which event makes impracticable the manufacture, transportation, sale, purchase, acceptance, use or resale of Products or material upon which the manufacture of Products is dependent; (B) If NBS, in its sole discretion, determines that its ability to supply the total demand for Products, or to obtain any or a sufficient quantity of any material used directly or indirectly in the manufacture of Products, is hindered, limited or made impracticable, NBS may allocate its available supply of Products or such material (without obligation to acquire other supplies of any such Products or material) among itself and its purchasers on such basis as NBS determines to be equitable without liability for any failure of performance which may result therefrom; and (C) Deliveries suspended or not made by reason of this Section shall be canceled without liability, but this agreement and/or order shall otherwise remain unaffected.

Miscellaneous

Any agreement between the Company and the Buyer shall be deemed to be made and entered into in the Commonwealth of Pennsylvania and shall be interpreted in accordance with the laws of that State. The Company and the Buyer consent to the jurisdiction of the Courts of Bucks County, Pennsylvania, for adjudication of any dispute relating to or arising out of the sale or the agreement of the parties, and agree that said Courts shall be the exclusive forum for adjudication of any such dispute. These Terms and Conditions constitute the full understanding of the parties, a complete allocation of risks between them and a complete and exclusive statement of the terms and conditions of their agreement and/or order relating to the subject matter herein. Except as otherwise expressly provided herein, no conditions, usage of trade, course of dealing or performance, understanding or agreement and/or order purporting to modify, vary, explain or supplement the terms or conditions of this agreement and/or order shall be binding unless hereafter made in writing and signed by the party to be bound, and no modification shall be effected by the acknowledgment of acceptance of any purchase order or shipping instruction forms containing terms of conditions at variance with or in addition to those set forth herein. No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing or performance shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing signed by the party to be bound. If any term, condition or provision of this agreement and/or order or the application thereof is judicially or otherwise determined to be invalid or unenforceable, or if the parties mutually agree in writing to any revision of this agreement and/or order, the remainder of this agreement and/or order and the application thereof shall not be affected, and this agreement and/or order shall otherwise remain in full force and effect.

Web Site Disclaimer/Linking Policy

THE CONTENTS OF THIS WEB SITE ARE PROVIDED ‘AS IS’. The site could contain technical inaccuracies, typographical errors and out-of-date information. NBS web site information may be updated or changed without notice at any time. Use of the information is therefore at your own risk. While NBS welcomes links to our web site, NBS prefers that you establish links to the home page; however, you may create links to designated gateway pages within our web site, but only if you adhere to the guidelines stated herein below as our objective in allowing this linking is to encourage remote business activity at the NBS site. The following guidelines will be enforced: ◾ The linking organization’s site must not contain any links that contain obscene, scandalous, objectionable, inflammatory, pornographic, profane or illegal material, nor may the site itself contain any such material that would adversely affect the name, reputation and goodwill of NBS and its name, trademarks and logos, copyrights and all other intellectual property with respect to the domain name and graphic logo, ◾ You must not misrepresent your relationship with NBS or present a false or misleading impression about NBS, ◾ The materials on your site shall not imply any association with or relation to NBS or imply in any way that any materials from http://www.nationalbasicsensor.com are maintained within your site, ◾ The allowed linking to NBS’ web site does not indicate nor should it be construed in any way to represent an endorsement by NBS of any materials on the web site containing our domain name or graphic logo or any other intellectual property, ◾ NBS shall have no responsibility or liability for any content appearing on your web site. You agree to indemnify and defend NBS against all claims arising out of or based upon your web site, ◾ No changes or modifications to the domain name or graphic logo may be made, ◾ Use of the domain name or graphic logo for purposes other than linking tohttp://www.nationalbasicsensor.com is expressly forbidden, ◾ Use of any other trademarks, trade names, graphics, copyrighted material or any other intellectual property of NBS for any purpose is expressly forbidden, and ◾ The linking organization must notify NBS of their own site’s URL changes or if the site goes off the air. This notification must take place prior to the change. NBS shall not be responsible for any loss, damage, liability or expense that may accompany or results from your use of the link, domain name or graphic logo, including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions. NBS reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the NBS site from your web site. NBS controls and operates its web site from the Company’s headquarters in Huntingdon Valley, Pennsylvania, in the United States of America. NBS may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit this page to review the then current Linking Policy to which you are bound. The use of our domain name and the graphic logo containing our trademarks on the web site indicates the agreement by the web site owner to the foregoing terms and conditions. In no event shall NBS be liable for special, indirect, incidental or consequential damages resulting from or related to the use of this web site.

Access

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NationalBasicSensor.com does not sell products to children, but it sells them to adults who can purchase with a credit card. If you are under 18 years of age, you may use NationalBasicSensor.com only with the involvement of a parent or guardian. National Basic Sensor reserves the right to refuse service, terminate accounts, remove or edit content, and cancel orders in its sole discretion.

Important Notice

The greatest care is exercised in the selection of our raw materials and in our manufacturing operations. However, since the use of these products is beyond the control of NBS, no guarantee or warranty expressed or implied is made as to such use or effects incidental to such use, handling or possession or the results to be obtained, whether in accordance with the directions or claimed so to be. NBS expressly disclaims responsibility therefore. Nothing contained herein shall be construed as a recommendation to use any product in conflict with existing laws and/or patents covering any materials or use as NBS makes no representations thereupon. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will NBS be liable to any party for any direct, indirect, special or other consequential damages for any use of this web site, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if NBS is expressly advised of the possibility of such damages. NBS does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to NBS will be deemed NOT to be confidential. By sending NBS any information or material, you grant NBS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that NBS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, NBS will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) NBS obtains your permission to use your name; or (b) NBS first notifies you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) NBS is required to do so by law.

Privacy Policy

NBS knows that its customers and all visitors to our Web pages have valid expectations about privacy. NBS’ Privacy Policy is designed to inform you generally how any personal or business information NBS collects will be used, and how your privacy is protected: ◾NBS does not collect personal or business information from visitors to our Web pages unless it is offered voluntarily. There are times when NBS may request personal data from you, but you have the option to decline that request. If you opt not to volunteer any personal or business information, you can still visit most of the NBS web site, but you may be unable to visit specific areas of the site; ◾NBS will use any personal or business information you supply to us for our own business purposes only. NBC will not sell or rent to businesses any marketing “lists” compiled from any personal or business information you provide to use via our Web pages. ◾If you choose to make use of our web site, NBS will conclusively presume that you understand, accept and are acting under this Privacy Policy which NBS reserves the right to alter at any time. If you have any questions or comments regarding NBS’ Privacy Policy, please contact NBS at (215) 322-4700.