Terms & Conditions
Nelson and Pade, Inc.
Terms and Conditions of Sale
Notice about shipping charges:
The shopping cart automatically calculates USPS and UPS shipping rates. However, there can be variation in the shipping cost due to the size, dimensions and packaging. If the amount of shipping you paid with the order is not sufficient, we will promptly notify you and request any additional shipping costs. If there are additional shipping costs and you do not wish to pay it, you can cancel the order at that time. We cannot guarantee the shipping time displayed.
- ACCEPTANCE OF ORDER; TERMINATION – Acceptance of any online order is subject to credit card approval, PayPal payment or clearance of check.
- PRICES AND SHIPMENTS – Unless otherwise quoted, prices shall be those in effect at time of shipment, which shall be made F.O.B. shipping point, prepaid and bill.
- RETURN OF GOODS – Goods (with the exclusion of books, videos and curriculums) can be returned within 7 days of receipt. Return transactions will be charged a 20% restocking fee and “Buyer” pays the return shipping charges. If goods are defective or damaged, you must notify Nelson and Pade, Inc. within 3 days of receipt to be except from the restocking fee. All returns must be pre-approved.
- TAXES – Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Nelson and Pade, Inc. for any such tax or provide Nelson and Pade, Inc. with acceptable tax exemption certificate.
- DELAY IN DELIVERY – Nelson and Pade, Inc. is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Nelson and Pade, Inc.’s reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Nelson and Pade, Inc. be liable for any consequential or special damages arising from any delay in shipment or delivery.
- WARRANTIES – Nelson and Pade, Inc. warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to Nelson and Pade, Inc. by the manufacturer of the goods. Nelson and Pade, Inc. MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF Nelson and Pade, Inc.
Successful operation and proper use of this equipment is solely the responsibility of the purchaser. Published production levels of fish and plants are based on known research. Actual results may vary. Nelson and Pade, Inc. does not guarantee success, production levels or trouble-free operation. Nelson and Pade, Inc. is not a general, electrical or plumbing contractor and does not assume the role, responsibility or liability of a contractor. Nelson and Pade, Inc. is not responsible for manufacturer’s quality of work or instructions on individual system components, pumps or parts of the aquaponic systems, related equipment or greenhouse.
- LIMITATION OF LIABILITY – Buyer’s remedies under this agreement are subject to any limitations contained in manufacturer’s terms and conditions to Nelson and Pade, Inc. Furthermore, Nelson and Pade, Inc.’s liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at Nelson and Pade, Inc.’s option, and IN NO CASE SHALL Nelson and Pade, Inc. BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.
- WAIVER – The failure of Nelson and Pade, Inc. to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.
- MODIFICATION OF TERMS AND CONDITIONS – These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Nelson and Pade, Inc. unless made in writing and signed on its behalf by a duly authorized representative of Nelson and Pade, Inc. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein.
- ASSIGNMENT – Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Nelson and Pade, Inc., and any such assignment, without such consent, shall be void.
- GENERAL PROVISIONS – All typographical or clerical errors made by Nelson and Pade, Inc in any quotation, acknowledgment or publication are subject to correction. This agreement shall be governed by the laws of the State of Wisconsin applicable to contracts to be formed and fully performed within the State of Wisconsin, without giving effect to the choice or conflicts of law provisions thereof.Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.
- PAYMENT TERMS – Payment terms be as stated on Nelson and Pade Inc.’s invoice or as otherwise mutually agreed. As a condition of the sales agreement, a monthly service charge of the lesser of 1-1/2% or the maximum permitted by law may be added to all accounts not paid by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only.
- EXPORTING – Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
~~DISCLAIMER AND INDEMNIFICATION
Except for any explicit written warranty provided to Purchaser herein or in any other transaction document associated with the sale of goods provided for herein, Nelson & Pade hereby disclaims any and all warranties, express or implied, including, without limitation, all implied warranties of merchantability and/or fitness for a particular purpose. Nelson & Pade shall not be liable for any incidental, consequential, or punitive damages. Purchaser shall be solely liable for compliance with all local ordinances, laws, rules, regulations and all other requirements related to the products purchased hereunder. Purchaser hereby agrees to indemnify, defend and hold Nelson & Pade harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, including all actual attorneys’ fees, or disbursements of any kind or nature, whatsoever which may be imposed or incurred by or asserted against Nelson & Pade, whether criminal or civil in nature, arising from (a) Distributor’s breach of any term, condition, or representation set forth herein; (b) any claim for injuries or damage from the products purchased hereunder, the sale, distribution, use or installation of the products purchased hereunder; and (c) any violation of local ordinances, laws, regulations and rules relating to the sale, purchase, installation or use of the products purchased hereunder.
Aquaponics Master Class Registration Terms:
Nelson and Pade, Inc.® reserves the right to refuse registrations at its discretion.
Cancellation Policy: Once registered, if something comes up and you can’t attend the Master Class that you registered for, please let us know so we can accommodate you in another upcoming class. There will be no charge for transferring your registration as long as you let us know 7 days or more before the class. If you cancel with less than 7 days until the Master Class and do not reschedule, there will be a 50% refund. All other circumstances will be determined on a case-by-case basis.
Photo Policy: As an attendee of the Aquaponics Master Class™, I agree to the following: I hereby give permission to Nelson and Pade, Inc. to use my name, photographic likeness and written comments about the workshop in all forms and media for advertising, trade, and any other lawful purposes. I also hereby assign full copyright of these photographs to Nelson and Pade, Inc. together with the right of reproduction either wholly or in part. I agree that I will not make video or audio recordings of, or during, the Aquaponics Master Class™.
Other Terms: My purpose for attending Nelson and Pade, Inc.’s Aquaponics Master Class™ is to learn about aquaponic food production, aquaponic techniques for food production and the daily operation of aquaponic systems for growing fresh fish and vegetables. I acknowledge that all course materials are copyrighted by Nelson and Pade, Inc®. These materials are provided for my personal use and I will not reproduce or distribute without written permission from Nelson and Pade, Inc. ® I acknowledge that Nelson and Pade, Inc. ® holds patents on Clear Flow Aquaponic Systems™ with ZDEP®. With respect to the patents and related proprietary information, I will not copy, build, produce or sell these or similar systems unless licensed by Nelson and Pade, Inc.®
If you have needs that require special assistance, please notify us at least three weeks in advance of the program date.