Tel. +1 (832) 510-8191

Sales Terms & Conditions

Products Terms & Conditions

This section of the Nexo Solutions sales policy, terms & conditions is applicable only to any products and technologies advertised in the Nexo Solutions web site or in any Nexo Solutions proposal, license or quote.

1. Acceptance: Seller"s acceptance of Buyer"s order is limited to Seller"s express terms and conditions of sale contained herein and on the face of any order acknowledgment form delivered by Seller to Buyer (the “Seller"s Acknowledgment Form”) and any terms incorporated herein or therein by reference ("Seller"s Terms and Conditions of Sale"). Any additional or different terms or any attempt by Buyer to vary in any degree any of Seller"s Terms and Conditions of Sale are hereby objected to and shall be deemed material and not binding on Seller.

2. Delivery:

2.1 Seller reserves the right to make partial deliveries and to ship products as they become available. The delivery and/or shipping schedule is the best estimate possible based on conditions existing at the time of Seller"s acceptance of the order or Seller"s quotation and receipt of all specifications, as applicable, and in the case of non-standard items, any such date is subject to Seller"s receipt of complete information necessary for design and manufacture. Seller assumes no liability whatsoever, including loss of use or for any other direct, indirect, or consequential damages, due to delays.

2.2 Unless otherwise mutually agreed to in writing signed by both Seller and Buyer, delivery from Seller"s factory or designated shipment point to a destination inside or outside of the United States shall be ExWorks INCOTERMS 2000. Title passes at the point when the goods leave Seller’s factory or designated shipment point (Seller retains and Buyer hereby grants to Seller a security interest in goods shipped by Seller to Buyer hereunder until payment in respect of the goods is received by Seller) and Buyer has the obligation to insure once title passes.

2.3 Buyer will pay, or reimburse Seller for all freight, taxes, duty and entry fees, special and miscellaneous charges and special packaging charges.

3. Prices: Except as may be specifically provided in Seller"s quotation, all prices are subject to change without notice. Seller may also at any time assess a fuel or energy surcharge (in addition to the price of each Product).

4. Taxes: All prices are exclusive of any applicable United States federal, state or local sales, use, excise or other similar taxes. All such taxes will be for Buyer"s account and will be paid by Buyer to Seller upon submission of Seller"s invoices. Buyer agrees to make tax accruals and payments to the tax authorities as appropriate. If Buyer is exempt from any applicable sales tax but fails to notify Seller of such exemption or fails to furnish its Sales Tax Exemption Number to Seller in a timely manner and the Seller is required to pay such tax, the amount of any such payment made by Seller will be reimbursed by Buyer to Seller upon submission of Seller"s invoices.

5. Services: Seller will provide such services as are expressly described in its quotation (or other document executed by Seller) during normal business hours, unless otherwise specified in the quotation (or other document executed by Seller). Services requested or required by Buyer outside of these hours or in addition to the quoted or agreed upon services will be charged at Seller’s then current schedule of rates, including overtime charges, if applicable, and will be in addition to the charges outlined in the quotation (or other document executed by Seller).

6. Payment:

6.1 Payment for billing shall be made by Buyer in United States Dollars currency, net thirty (30) days after the date of invoice.

6.2 A monthly interest charge at the rate of one and one-half percent (1.5%) or the maximum legal rate allowed by applicable law of the State of Texas, whichever is lower, will be assessed on all past due payments calculated from the date of shipment.

6.3 Seller may, at any time or times, suspend performance of any order or require payment in cash, security or other adequate assurance satisfactory to Seller when, in Seller"s opinion, the financial condition of Buyer or other grounds for insecurity warrant such action.

6.4 All sales are subject to the approval of Seller"s credit department.

7. Warranty, Limitation of Liability and Remedies:

7.1.THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES, NOR IS THERE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED FOR HEREIN.

7.2 For a period of twelve (12) months from the date of delivery by Seller (the "Warranty Period"), Seller warrants that products manufactured by Seller when properly installed and maintained, and operated at ratings, specifications and design conditions specified by Seller, will meet Seller’s specifications for such products appearing in its product catalogues and literature or in any other Seller product quotations. Seller"s liability under any product warranty is limited solely (in Seller"s discretion) to replacing, repairing or issuing credit for products which fail to meet Seller’s specifications for such products during the Warranty Period.

7.3 Seller further warrants that all services will be performed in a workmanlike manner and that seller will use suitably qualified personnel (this warranty shall survive for 90 days following seller’s completion of the services). Seller’s liability under any service warranty is limited (in Seller’s discretion) to repeating the service that during the foregoing 90-day period does not meet this warranty or issuing credit for the nonconforming portion of the service.

7.4 If Seller determines that any warranty claim is not, in fact, covered by the foregoing warranties, Buyer shall pay Seller its then customary charges for any additionally required service or products. Buyer shall notify Seller promptly in writing of any claims and provide Seller with an opportunity to inspect and test the product or service claimed to fail to meet the above warranty. Buyer shall provide Seller with a copy of the original invoice for the product or service, and prepay all freight charges to return any products to Seller"s factory, or other facility designated by Seller. All claims must be accompanied by full particulars, including system operating conditions, if applicable.

7.5 In no event shall Seller be liable for any product altered outside of Seller"s factory by someone other than Seller or for a product subjected to misuse, abuse, improper installation, application, operation, maintenance or repair, alteration, accident, or for negligence in use, storage, transportation or handling

7.6 In no event will Seller be liable for any damages, incidental, special, consequential or otherwise, including loss of profit, remanufacturing costs and rework costs, and lost Buyer product costs (other than price of Seller product and Seller service) whatever the claim (tort, breach of contract or warranty or otherwise) and whatever the forum, whether arising out of or in connection with the manufacture, packaging, delivery, storage, use, misuse or non-use or resale of any of its products or services or any other cause whatsoever. Without limiting the generality of the foregoing, in no event will Seller be liable for any losses or damages in excess of the price paid to Seller with respect to the products and services sold to Buyer hereunder which are claimed to fail to meet above warranties.

7.7 Accuracy of Information: Nexo Solutions attempts to be as accurate as possible when describing the products and services on the Site; however, to the maximum extent permitted by applicable law, Nexo Solutions does not warrant that the product and service descriptions, prices or other content available on the Site is accurate, complete, reliable, current, or error free.

8. Cancellation: Buyer may not cancel its order after Seller"s acceptance unless all the details are approved in writing by the parties, including Buyer"s agreement to pay a stated amount of termination charges. Furthermore, any cancellation on behalf of Buyer may be subject to a cancellation fee equaling the down-payment, payments paid by buyer, or 15% of the total cost of the order.

9. Product Returns: Products may not be returned for any reason without prior written authorization and shipping instructions from Seller. Products shipped without Seller"s authorization shall be returned at Buyer"s expense. Credit for any returned products is at the discretion of Seller after receipt and inspection of the products and may be subject to a restocking charge.

10. Claims: All claims for incorrect products or amounts thereof must be made in writing within ten (10) days after receipt of the product.

11. Patent or Trademark Infringement and Product Liability: Buyer has no authorization to make any representation, statement or warranty on behalf of Seller relating to any products sold hereunder. Buyer shall indemnify and defend, at its own expense, Seller against claims or liability for U.S. or applicable foreign patent, trademark or other intellectual property infringement and for product liability arising from the preparation or manufacture of a product according to Buyer"s specifications, or from Buyer"s unauthorized use of Seller"s product or from any changes or alterations to Seller’s products made by persons other than Seller or improper uses of Seller’s product or from the manufacture or sale or use of Buyer products which incorporate or integrate Seller’s products.

12. Ownership of Materials: All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller’s property. Seller grants Buyer a non-exclusive, non-transferable license to use any such material to the extent necessary and solely for Buyer’s use of the product purchased by Buyer from Seller hereunder. Buyer shall not disclose any such material to third parties without Seller’s prior written consent. As a condition to Seller’s delivery to Buyer of the products, Buyer shall not, directly or indirectly, and shall cause its employees, agents and representatives not to: (i) alter or modify the products, (ii) disassemble, decompile or otherwise reverse engineer or analyze the products, (iii) remove any product identification or proprietary rights notices, (iv) modify or create derivative works, (v) otherwise take any action contrary to Seller’s rights in the technology and intellectual property relating to the products, and/or (vi) assist or ask others to do any of the foregoing.

13. Export: As a condition to Seller’s delivery to Buyer of the products and/or parts thereof, Buyer agrees, with respect to the exportation or resale of the product, and/or parts thereof by Buyer, to comply with all requirements of the International Traffic in Arms Regulations ("ITAR") and the Export Administration Regulations ("EAR"), regulations issued thereunder and any subsequent amendments thereto, and all other National, including, but not limited to, European, government laws and regulations on export controls, including laws and regulations pertaining to licenses, restrictions on export to embargoed countries and restrictions on sales to certain persons and/or entities.

14. Entire Agreement: Seller"s Terms and Conditions of Sales and the Confidentiality Agreement, if any, are the entire Agreement of the parties and they may not be modified except in writing signed by a duly authorized representative or officer of Seller. To the extent any term, condition or provision of this Sales Terms and Conditions shall differ or contradict Nexo Solutions Terms and Conditions, the differing or conflicting terms, conditions and/or provisions of the Terms and Conditions shall prevail.

15. Quotation: All quotations by Seller are valid for sixty (60) days and are subject to change or withdrawal without prior notice to Buyer, unless otherwise specifically stated in the quotation. Quotations are made subject to approval by Seller of Buyer"s credit. All sales, contracts and orders become effective only if and when approved and accepted in writing by Seller by the issuance of the Seller Acknowledgment Form and shall be subject to these terms and conditions.

16. Confidentiality: If Seller discloses or grants Buyer access to any research, development, technical, economic, or other business information or "know-how" of a confidential nature, whether reduced to writing or not, Buyer will not use or disclose any such information to any other person or company at any time, without Seller"s prior written consent. In the event that Buyer and Seller have entered into a separate confidentiality agreement (“Confidentiality Agreement”), the terms and conditions of such agreement shall take precedence over the terms of this paragraph.

17. No Waiver: Seller"s failure to insist on Buyer"s strict performance of the terms and conditions contained herein at any time shall not be construed as a waiver by Seller of performance in the future.

18. Force Majeure: Whenever performance by Seller of any of its obligations hereunder, is substantially prevented by reason of any act of God, strike, lock-out, or other industrial or transportation disturbance, fire, lack of materials, law, regulation or ordinance, war or war conditions, or by reason of any other matter beyond its reasonable control, then such performance shall be excused, and deemed suspended during the continuation of such event and for a reasonable time thereafter, delayed, or adjusted accordingly.

19. Validity: If any provision of these Seller’s Terms and Conditions of Sale is held by any competent authority to be invalid or unenforceable in whole or in any part, the validity of the other provisions of these conditions and the remainder of the provision shall not be affected.

20. Governing Law: This Purchase Order shall be governed by the laws of the State of Texas, regardless of conflict of laws principles, and the Parties hereby unconditionally and irrevocably submit to (and waive any objection on the grounds of inconvenient forum or otherwise) the jurisdiction of Texas court or federal court of the United States, which courts shall have exclusive jurisdiction to adjudicate and determine any suit, action or proceeding regarding or relating to this Purchase Order and the purchase and supply of the Products and/or parts thereof relating thereto. A judgment, order or decision of those courts in respect of any such claim or dispute shall be conclusive and may be recognized and enforced by any courts of any state, country or other jurisdiction.

21. Survival: All payment, confidentiality and indemnity obligations, warranties, limitations of liability, product return, and ownership of materials provisions together with those Sections the survival of which is necessary for the interpretation or enforcement of these terms and conditions, shall continue in full force and effect for the duration stated in such provisions or the applicable statute of limitations.

All Purchase Orders should be addressed to:

Nexo Solutions
Process Efficiency
Global Headquarters
25003 Pitkin Road, Suite A100
The Woodlands, Texas 77386 (USA)
Tel +1 (832) 510 8191
Fax +1 (832) 403 2389
info@NexoSolutions.com

Please contact  support@NexoSolutions.com  for Electronic Wire Transfer instructions.


Services Terms & Conditions

This section of the Nexo Solutions sales policy, terms & conditions is applicable only to any services and consulting advertised in the Nexo Solutions web site or in any Nexo Solutions proposal, license or quote.

  • All prices are quoted in USD. The proposal/quotation is valid for 60 days.
  • Price includes all costs: labor and expenses for the work as outlined in this proposal.
  • There will be no additional charges for accommodation, travel, subsistence or any other labor or expenses unless Client requests an extension, delay or cancellation of the work.
  • If offsite analysis is required, Client is to arrange for shipment of the sample to Nexo Solutions. Shipping instructions will be given after placement of purchase order.
  • Extraneous Charges - should the client require Nexo Solutions to:
    • Provide personal protection equipment other than standard Nexo Solutions issue (blue coveralls, white hardhat, H2S monitor, safety boots, gloves and glasses) or,
    • Undergo personal security background checks or special medical testing
    • The cost of these above items will be charged to the client at cost +10%.
  • This quotation does not take into account any extended safety training deemed necessary by the plant. Costs associated with these requirements will be added to final invoice.
  • Payments terms for Services:
    • 30% in advanced with the Purchase Order
    • 60% after completion of the field work
    • 10% upon reception of final report
  • Payment is due 30 days from the date of the invoice

All Purchase Orders should be addressed to:
Nexo Solutions
Process Efficiency
Global Headquarters
25003 Pitkin Road, Suite A100
The Woodlands, Texas 77386 (USA)
Tel +1 (832) 510 8191
Fax +1 (832) 403 2389
info@NexoSolutions.com

Please contact  support@NexoSolutions.com for Electronic Wire Transfer instructions.

1. Extensions or Delays to the Scope of Work

  • The daily rate is based on 8-hour days. If working days longer than 10 hours are requested by the Client, then any additional time will be billed at USD 250/hr per person crew.
  • The plant work can be extended at the request of Client at the time of the test to allow for additional test runs. The extra field test work will occur at a per diem rate of USD 2,250 per person crew (covers all time, expenses, and analytical costs) plus any additional engineering and reporting charges that would result. Any days where the test crew are requested or required to be at Client will be charged at this daily rate.
  • Any standby days (i.e. days off-site due to plant problems, plant operational changes, inability to work weekends, etc.) will be charged at 50% of the daily rate.

2. Postponements & Cancellation

Postponement or Cancellation of the project will be accepted if proper written notification by Client is made. If the notification is received prior to departure of the test crew from our offices, Client will be charged for all non-recoverable expenses incurred by Nexo Solutions at cost +10% plus a fixed fee of USD 500 for administrative expenses. In the event that the postponement or cancellation occurs after departure of the test crew but before the start of the work, the Client will be charged for: a) labor at a flat rate of USD 250/hour per person, b) non-recoverable expenses at cost +10% and c) the above fixed administrative fee.

3. Confidentiality

Nexo Solutions utilizes proprietary technology in the execution of field works, engineering and testing. Nexo Solutions may require the Client (and any other participating parties) to sign a mutual Non-Disclosure Agreement (NDA) prior to project initiation.

Technical Training Terms & Conditions

This section of the Nexo Solutions sales policy, terms & conditions is applicable only to the registration and payment of fees associated with Technical Training Courses advertised in the Nexo Solutions web site or in any Nexo Solutions proposal or quote. This sales policy applies regardless of whether registration is completed and paid for using our on-line registration system or completed using alternative methods.

Pricing. The prices quoted on the Nexo Solutions web site are established annually and quoted in the currency of the course location. All applicable taxes are included in the prices displayed. Services Tax charge of 9% of the total course registration amount will be added at the time of payment.

Nexo Solutions reserves the right to modify the prices of products available on its site at any time, without prior notice. However, we will honor the prices quoted on the website for the current Technical Training Course series at the time of Registration. A number of terms and conditions will apply as outlined below.

  1. Payment. Price information for each of Technical Training session is indicated Nexo Solutions website.
    • All Purchase Orders should be addressed to:
    • Nexo Solutions
    • Process Efficiency
    • Global Headquarters
    • 25003 Pitkin Road, Suite A100
    • The Woodlands, Texas 77386 – USA
    • Tel +1 (832) 510 8191
    • Fax +1 (832) 403 2389
    • Please contact  support@NexoSolutions.com  for Electronic Wire Transfer instructions.
  2. Currency Transactions. All registration fees for will be processed in US dollars (USD).
  3. Discounts. A number of discount options may be available depending on the location and courses that are being presented at each location. Discounts may include:
    • Price reduction for registration at more than one course at a given session
    • Colleague discounts may apply to individuals from the same office or plant that register to attend the same course that you have registered for
    • Corporate group discounts arranged and approved in advance of on-site registration
  4. Cancellation Policy. Because we have limited registration, there is a penalty for cancelling after the course registration deadline date. No refunds will be issued after this date – however, a partial credit may be issued for future attendance. Prior to the deadline date, the full fee will be refunded, less an administration charge of 500 US dollars.
  5. Maximum Enrolment (depending on location): 25
  6. Nexo Solutions reserves the right to cancel the course if fewer than 6 registrations are received before the course deadline. Full refunds will be made if we cancel the course.

Thank you for visiting the Nexo Solutions website. If you have any questions, comments, or suggestions concerning this Terms & Conditions please contact  support@NexoSolutions.com

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