Terms & Conditions, and General Specifications

Credit and Payment Terms

Nevers Industries 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 begin establishing a credit rating with Nevers Industries before placing an order. Our customers are responsible to provide the necessary current and accurate information. Orders are 50% due upon receipt and 50% net 30 if approved. Nevers Industries will apply a 1-1/2% per month service charge to all past due accounts. 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 prices are list; freight prepaid, F.O.B. Maple Grove, Minnesota, and are subject to change without notice. Quoted prices must be accepted within 30 days or re-quoted for date and approval. Freight is prepaid and allowed for normal ground transportation within the 48 contiguous states, must ship to the dock location. Air freight, will-calls, and special delivery will be quoted and invoiced separately. Prices do not include installation, storage, or sales tax.

Packaging

Nevers Industries’ pricing includes packing for North American shipment. 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 Industries for a quote.

Delivery

Nevers Industries 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 sent prepaid, FOB Maple Grove, Minnesota. Nevers Industries’ liability ends when the carrier issues a receipt to Nevers Industries. 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. The order shall be considered complete. Prepaid freight does not change the F.O.B. status of the product and risks involved in Invoices relevant to the partial shipments are payable as they fall due.

Freight Terms

All orders under $2,000 net are subject to a minimum order/ additional freight charge of $325 net; Nevers Industries also reserves the right to establish a freight and fuel surcharge fee to cover variable freight costs. This charge will be established at the time of order.

Lead Times

The lead time on an order begins when Nevers Industries receives the deposit and the signed drawings. All acknowledgments will contain the estimated shipping date. We are not responsible for delays in scheduling or failure to make scheduled shipping date 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.

Order Acknowledgement

All orders are subject to final acceptance by Nevers Industries. 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. Nevers Industries attempts to clarify all orders. But in the event of any discrepancy, please notify Nevers Industries immediately. Failure to notify Nevers Industries of a discrepancy within 48 hours will constitute acceptance of the order as acknowledged. All orders are subject to credit approval at any time.

Change Orders

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

Change Order Charges

Received before signed approval drawings will be charged up to $500 net. All changes are subject to price/lead time review by Nevers.

Changes received after signed approval drawings, but before production, will incur fees associated with any work done by Nevers Industries plus the up to the $500 maximum net charge above.

Cancellations:

Cancellations after receipt of the purchase order will be assessed the total accumulated cost of the project plus up to a $500 net cancellation charge

Deferred Shipments/Storage by the Manufacturer

All merchandise will ship upon completion of production. No shipment can be postponed by the customer. If the customer is unable to take delivery of merchandise when ready for shipment, Nevers Industries may transfer the merchandise to storage. All on-site costs 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; immediately notify Nevers Industries for an inspection, and file a freight claim. Do not sign the receipt until the visual inspection is complete at the time of delivery. If the concealed damage is discovered, Nevers Industries 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 Industries. At no time can claims be deducted from our invoices.

Returns

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

Miscellaneous

All merchandise shown in our catalog is the property of Nevers Industries. 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 Industries. All published dimensions are approximate 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 Industries. 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.