Price Policy

Prices are FOB shipping point, WI, CA, ID, PA or TX., unless we specify otherwise. Buyers must pay all applicable taxes, duties, tariffs, as well as transportation, insurance, handling, and packing charges. In most cases, these will be added directly to your Nelson-Jameson invoice, or charged to your credit card. Please consult with our billing department regarding exemption certificates and payment of use taxes.

Hours

Customer Service hours are 7am to 7pm CST. Call 800-826-8302.

Payment Terms

Payment terms are net 30 days to customers with open account status. Past due accounts are subject to a finance charge of 1.5% per month (18% per annum).

New Accounts

Nelson-Jameson is a business-to-business seller serving food, beverage and dairy processors. We accept VISA, MasterCard and American Express credit cards. If you would rather order on account, call our Customer Service department. Credit references are required, and credit approval is required prior to shipping.

Specifications

Product specifications including USDA, OSHA, FDA and other regulatory approvals are subject to change without notice. Please ask for and read current specifications before placing your order. Customers are expected to make their own determination of product suitability for their application and of compliance with laws and rules of governmental agencies.

Sales Tax

Sales tax is assessed as accurately as possible in the states where we are registered to collect and remit the tax. It is the responsibility of the customer to remit any sales tax due on transactions when not assessed by Nelson-Jameson.

Special Orders

For more than 60 years, we have provided food, beverage and dairy processors with hard-to-find items. If you need an item not listed in this catalog, call one of our product specialists for assistance.

Delivery time, minimums and return policy will vary on special orders.

Warranty

Products not manufactured, assembled, modified, or combined by Nelson-Jameson are warranted only to the extent that the warranties provided by the manufacturer of such products may be passed through to you. Those warranties that are passed through to you are the only warranties given with respect to those products, and Nelson-Jameson does not provide any warranties with respect to those products. To the extent allowable by law, we hereby assign such warranties to you, the customer.

Products modified or combined by Nelson-Jameson are warranted, at the time of delivery, to conform to their published specifications, or those specifications agreed to in writing by an authorized officer of Nelson-Jameson. No employee or agent of Nelson-Jameson has the authority to create for Nelson-Jameson any other obligation or liability with respect to the products or services it sells.

Products modified or combined by Nelson-Jameson at the request of the buyer are warranted, at the time of delivery, to conform with the specifications agreed to in writing by an authorized officer of Nelson-Jameson. No employee or agent of Nelson-Jameson has authority to create for Nelson-Jameson any other obligation or liability with respect to the products or services it sells.

Repair, replacement or refund of the purchase price of products not meeting the specifications is the exclusive remedy under this warranty or any implied warranty.

The foregoing warranties are exclusive and in lieu of all other express and implied warranties, including, but not limited to, the warranties of merchantability and fitness for a particular purpose, which hereby are expressly disclaimed.

Incidental and Consequential Damages

In no event shall Nelson-Jameson be liable for any penalties, special, contingent, punitive, incidental, or consequential damages or losses.

Force Majeure

Liability for performance or failure to perform hereunder shall be excused to the extent caused by act of God, labor trouble, fire, act of governmental authority, shortage of raw materials or labor, failure of transportation or supplies, accident or any other cause beyond the control of the party claiming such excuse. The party claiming such excuse shall give written notice to the other party within ten (10) days after occurrence of the event giving rise to the claim, stating in such notice its best estimate of the duration of the delay.

Limitation of Sellers Liability

Seller’s liability for any legal claim, whether in contract, tort or otherwise, arising out of, connected with, or resulting from the sale, delivery, resale, repair, replacement, or use of the goods sold by Seller hereunder shall in no event exceed the purchase price of such goods and also shall be limited to, at Seller’s sole option, replacing or repairing or issuing a credit or refund for that part of the purchase price of such goods which is allocable to the part or parts of the goods related thereto which give rise to such claim.

Governing Law and Venue

This agreement and the sale of the products and services hereunder shall be governed and construed according to the internal laws of the state of Wisconsin, United States of America. The parties hereby agree that any legal action deemed necessary by either party to this agreement and the sale of the products and services hereunder shall be brought in the State Court in and for Marathon County, Wisconsin, and both parties hereto hereby consent to the personal jurisdiction of such court in any such action over the parties hereto. This provision specifically excludes venue and jurisdiction in any other state or federal court.

Statute of Limitations

Any action, whether based upon theories of breach of warranty, breach of contract, negligence or otherwise, with regard to the products or services sold hereunder must be commenced within one (1) year after the cause of action has occurred.

Shipping Information

Nelson-Jameson shall use commercially reasonable efforts to ensure that items are shipped the same day if ordered before 2 p.m. CST. We will use our judgment to route your order, unless you give us specific instructions otherwise. Orders are shipped via FedEx, UPS, or other carriers, and insured. Our traffic manager will be happy to discuss optional shipping methods.

Hazardous materials are restricted by DOT and other carriers within some air and ground service classifications. Please consult with us to determine the most cost-effective method to safely ship your orders of hazardous materials.

If temperatures are extreme, temperature-sensitive products are shipped early in the week to avoid transit on weekends. If you require us to ship these products when there is danger of damage by cold or heat we will use insulated containers and/or select qualified carriers. Cost of special handling, packing, and transporting will be charged to the customer.

Returns

Stock merchandise, with certain exceptions, may be returned at any time within 60 days of purchase. It must be returned prepaid and received in saleable condition, as determined by Nelson-Jameson, in its sole discretion. Exceptions include food ingredients; laboratory standards; and temperature-sensitive, hazardous, or dated materials; which are considered on a case-by-case basis. Other returns may be refused or subjected to a minimum of 15% restocking charge, at Nelson-Jamesons sole discretion.

To return any merchandise, call us for shipping instructions and a Return Material Authorization (RMA) number. Please provide company name and location, pertinent information about the order, and the reason for requesting the return. The RMA number will be your authorization to return the merchandise. Credit may be issued following receipt and inspection of returned merchandise.

Product defects, as determined by Nelson-Jameson in its sole discretion, and our shipping errors will be promptly corrected in accordance with the terms of this Agreement. Full credit will be issued for defective or incorrect merchandise, as determined by Nelson-Jameson in its sole discretion, which you return, as well as reasonable shipping charges.

Damaged or Lost Shipments

Orders are carefully packed for shipment. In case of damage, keep the original carton, packing material and damaged merchandise intact. Call us so we can promptly make a replacement shipment. The carrier is responsible for damage in transit; but you, the recipient, must initiate any claim with the carrier. With truck shipments, you must note any visible damage on the freight bill and always sign “Subject to inspection for hidden damage”. If hidden damage is found, call the carrier back to inspect it immediately. Unfortunately, you have no recourse without their inspection report. Overdue shipments can be traced whether shipped by LTL, FedEx, or UPS. Call us for assistance.

Questions & Comments

If you have questions, comments, or complaints, simply let us know. Our customer service staff will obtain an answer for you or will route your concerns to the appropriate department.

You may write, visit, e-mail, call or fax us at:

Nelson-Jameson, Inc.

2400 East Fifth Street,
P.O. Box 647
Marshfield, WI 54449
Phone: 800/826-8302
Fax: 800/472-0840
www.nelsonjameson.com
sales@nelsonjameson.com