Terms & Conditions

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 CT. 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 75 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.

Returns of Defective Product

Limited Pass-through Warranty

Nelson-Jameson, Inc. (“Seller”) acknowledges that as a distributor, products (“Products”) sold directly to the original purchaser (“Buyer”) have been manufactured or produced by entities other than Seller. Products not manufactured, assembled, modified, or combined by Seller are warranted only to the extent a warranty has been provided for such Product by the manufacturer. To the extent permissible, Seller will use commercially reasonable efforts to pass through all available manufacturer warranties to Buyer and, if permissible and allowable by law, shall transfer or assign all such manufacturer warranties to Buyer. Pass-through warranties, if available, are the only warranties provided with respect to such Products. Products modified or combined by Seller are warranted to meet the specifications at the time of delivery. No employee or agent of Seller has authority to create for Seller any other obligation or liability with respect to products or services it sells.

If Products are determined to be defective by Seller or the manufacturer of the Product, Seller will, at its option or as directed by the manufacturer of the defective Product, replace the Product or provide Buyer with a credit therefore equal to the price paid by Buyer for the defective Product. Seller’s sole obligation and Buyer’s exclusive remedy for breach of this limited warranty hereunder shall be conditioned upon Seller receiving written notice of any alleged breach of warranty due to defective Product within a reasonable time after discovery of such defect but in no event later than thirty (30) days from date of shipment. At Seller’s request, Buyer shall return to Buyer any Products for which this claim for defective Product has been made. A reimbursement for reasonable shipping charges may be provided after an investigation is completed by Seller regarding the defective Product and at Seller’s sole discretion. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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.

Return Policy

Returns of Stock Merchandise

Merchandise or Products purchased from Seller that are considered stock merchandise may be returned by the Buyer at Buyer’s cost within thirty (30) days of purchase except to the extent of restrictions and exceptions as determined solely by Seller (“Stock Merchandise”). Stock Merchandise eligible for return shall be returned by Buyer prepaid and received by Seller in saleable condition, in Seller’s sole discretion. Merchandise and Products not considered Stock Merchandise and therefore not eligible for return pursuant to this section include but are not limited to special order items; non-stock items; custom items; non-returnable or non-cancelable items; food ingredients, laboratory standards; temperature sensitive items; hazardous items; or dated materials, unless preapproved in writing by an officer of Seller. Other returns, including returns received after thirty (30) days of purchase, may be subject to a restocking charge of at least 15% of the purchase price or may be refused by Seller in Seller’s sole discretion. Returns requested after 180 days from the date of delivery will be rejected.

How to Return Stock Merchandise

To return Stock Merchandise, please call Seller at (800) 826-8302 or email [email protected] to request a return. Please provide Buyer’s company name and location along with the item number, order number, invoice number, or purchase order number and reason for the return. Seller’s Returns Department will make commercially reasonable efforts to contact Buyer within five (5) business days to provide an RMA number and shipping instructions for the return. Credit for the amount paid by Buyer, if forthcoming, will be issued following Seller’s receipt and inspection of the returned Stock Merchandise, in Seller’s sole discretion. RMAs are valid for thirty (30) calendar days from date of issuance. Denials, extensions, or cancellations are at the sole discretion of Seller. The receipt of an RMA number from Seller does not guarantee a return of Stock Merchandise will be permitted nor does it guarantee a credit will be provided.

Damaged or Lost Shipments

Orders are carefully packed for shipment. Please inspect upon arrival. In the case of damaged or missing merchandise, please document on the Packing List, Bill of Lading or Delivery Receipt and contact us within 5 days. Failure to do so may result in a reduction or denial of credit. Retain original shipping carton, all inner packing materials, and damaged merchandise. If possible, take a digital picture of the carton, packing and damaged item to aid us in potential freight claims with the carrier. Overdue or lost shipments can be traced with the tracking number on the invoice or shipping acknowledgment. Call us for assistance if the package is 5 business days overdue. Collect shipments are the sole responsibility of the recipient.

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.

Nelson-Jameson, Inc.

P.O. Box 647
Marshfield, WI 54449

Phone: 800-826-8302
Fax: 800-472-0840
nelsonjameson.com
[email protected]