Terms & Conditions

DISCLAIMER

Nevers Industries, Inc. (Nevers) reserves the right to change prices, specifications, dimensions, and finishes at any time without prior notice. This right to change also applies to discontinue models at any time, as well as catalog and price list contents.

CREDIT AND PAYMENT TERMS

Our preferred payment method is ACH transfer, but we also accept company checks and credit cards. NOTE: Nevers charges a transaction fee for all orders paid by credit card.

Nevers does not allow for automatic open account terms for new customers, current customers whose accounts are in arrears, or for individuals, or non-commercial purposes. A credit application will be sent to each new customer. New customers are encouraged to submit a credit application to Nevers before placing an order.

New customers require a 50% deposit payment with the remaining 50% before outbound shipment. Our customers are responsible for providing the necessary current and accurate information. Orders for approved customers are subject to the terms 50% due upon receipt and 50% net 30. Nevers will apply a 1-1/2% per month service charge to all accounts 45 days past due. Accounts that are 90 days past due will be subject to collection proceedings without any additional notice. If legal action is necessary to settle collection proceedings, the purchaser agrees to pay Nevers’ incurred legal representation fees and/or court costs.

Orders will not be processed for past-due accounts until the amount due, including any service charges, is paid in full. Orders will not be scheduled for production until the deposit is received. A bank letter of credit may be required for any order over $50,000 net.

PRICES

Our published prices are list price and are subject to changes without notice. Quoted prices must be accepted within 30 days or re-quoted. Freight is prepaid and allowed for normal ground transportation within the 48 contiguous states and must ship to a dock location. Will calls qualify for a 5% discount. Prices do not include installation, storage, or sales tax.

PACKAGING

Nevers’ pricing includes packing for North American shipments. Only environmentally safe packing materials are used. Large furniture pieces will be packed with wood reinforcements for added protection. For special packaging, crating, or overseas shipment, please contact Nevers for a quote. Nevers is not responsible for the disposal of packaging before, during, or after installation. Will calls must be blanket wrapped for transport and loaded onto customer supplied vehicles by the customer. Blankets are not provided by Nevers.

DELIVERY

Nevers will select the method of shipment, carrier, and routing. Carrier selection is solicited to provide the best service to each customer in their location. All shipments are either sent from Maple Grove, Minnesota or drop shipped from manufacturer’s location. Nevers’ liability ends when the carrier issues a receipt to Nevers. This is the acknowledgment by the transportation company that the shipment has been received by the freight company in good condition and the title of the goods and risk of loss transfers to the buyer.

Prepaid freight does not change the F.O.B. status of the product and the risks involved. Items on back order will be invoiced individually and be due for payment net 30. Requests for partial shipments may incur additional charges. Invoices relevant to the partial shipments are payable as they fall due.

FREIGHT TERMS

All orders under $3,000 net are subject to a minimum order charge of $325. Nevers also reserves the right to establish a surcharge fee. This surcharge will be established at the time of quoting. All orders under $3,000 net are subject to additional freight charges.

LEAD TIMES

The lead time on an order begins when Nevers receives the deposit, signed drawings and all required information. Customer requirements for products to be delivered outside of Nevers’ stated nominal lead times are subject to additional fees.

All acknowledgments will contain the estimated shipping date. We are not responsible for delays in scheduling or failure to make scheduled shipping dates due to strikes, lockouts or other labor complications, war, riots, Acts of God, fires, accidents, restraints affecting shipment or credit, reduced supply, or excessive cost of fuel or raw material, delays from suppliers, compliance with Government regulations, or other unforeseen contingencies.

When delays in final product delivery dates are caused on the part of the purchaser, we reserve the right to invoice up to 100% of the remaining contract amount and, in addition, to charge the purchaser any costs associated with delivery delays. Once an order is received, Nevers’ products must be shipped within 6 months or be subject to price increases.

ORDER ACKNOWLEDGEMENT

All orders are subject to final acceptance by Nevers. Receipt of our acknowledgment indicates acceptance of your order subject to our terms and conditions. If pricing on the purchase order is different than the acknowledged pricing, the acknowledgment will take precedence over the purchase order. In the event of any discrepancy, please notify Nevers immediately. Failure by either party to provide notification of a discrepancy within 2 business days will constitute acceptance of the order as acknowledged. Any discrepancies on the part of the customer will incur additional fees to be paid by the customer.

All orders are subject to credit approval at any time. After order acknowledgment, Nevers reserves the right to refuse changes to the shipment date.

CHANGE ORDERS

Nevers makes every attempt to honor any reasonable engineering, production, or shipping change request. Change orders will be accepted only if the request is made in writing and received in time to comply with established delivery dates. Nevers reserves the right to increase our acknowledged price and adjust lead times to make change requests. Nevers will assess charges to the customer for change orders, cancellations, and delivery deferments as stipulated in the following:

Change Requests After PO

• • • Changes received after a PO but before production will incur fees associated with any work done by Nevers plus up to a $500 maximum net charge order fee. Any changes after the PO is received are subject to fees associated with any work required.
    • Nevers reserves the right to allow up to two (2) minor revisions after the approval drawings are received by the customer. Changes requested may be subject to additional fees.
    • All additional revisions will incur additional fees. After an order is acknowledged with a scheduled shipping date, no changes will be permitted.

Order Cancellations

• • • Nevers products are made-to-order. Cancellations are subject to approval by Nevers. Cancellations after receipt of the purchase order will be assessed a 25%cancellation charge plus the total accumulated costs of the project. Cancellation charges will be a minimum of $750.

Deferred Shipments/Storage by Nevers and/or Vendors

• • • All merchandise will ship upon completion of production. If the customer is unable to take delivery of merchandise when ready for shipment, all costs
      and product liability for storage and freight will be at the customer’s expense. Transfer to storage will be considered delivered for all purposes including invoicing and payment.
    • The customer must acknowledge the title of the goods stored and the risk of loss transfers to the customer. Customers will bear the risk of loss or damage during storage.
    • Deferred shipment charges will be assessed from the completion date. Storage is subject to a minimum of $85.00 net /day storage fee.

SHIPMENT CLAIMS

The legal title of merchandise passes to the buyer upon acceptance by the carrier. The buyer must inspect all cartons on arrival for visible or concealed damage. In the event of visible freight damage, the buyer must make a notation on the freight bill, and immediately notify Nevers for an inspection. Do not sign the receipt until the visual inspection is complete at the time of delivery.

If the concealed damage is discovered, Nevers must be notified within 5 days. Keep all packaging materials for inspection (do not destroy them). Failure to do so may impair or cancel the ability to make a successful claim. Do not install the damaged product. CAUTION: When a clear receipt is obtained by a carrier, the carrier is no longer responsible for damages or shortages. Damaged freight cannot be refused by the consignee (buyer). Processing claims for damages and shortages are the responsibility of Nevers. At no time can claims be deducted from our invoices.

RETURNS

All Nevers products are made to order. Therefore, merchandise may not be returned without specific consent from Nevers. Unauthorized returns will be refused by the shipping department.

MISCELLANEOUS

All merchandise shown in our catalog is the property of Nevers. We reserve the sole right to manufacture and distribute it. All patterns, tools, and designs developed for the production of any product will remain the property of Nevers. All published dimensions are nominal and if the exact sizes are critical, we suggest that you request actual measurements.

Price list data supersedes all other specifications, whether verbal or written, and may not be altered without the written consent of an officer of Nevers. Typing and clerical errors on any agreement, publication, correspondence, price list, or product literature pieces are subject to correction at any time without notice. Due to variations beyond our control, all wood and upholstery products are subject to slight variations in color, texture, and grain.