Conditions Of Use
This agreement contains the terms and conditions that apply to your purchase from North American Bocker products (the “Products”). Please read these terms and conditions of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on November 26, 2008.
You acknowledge that you have read, accepted and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. These terms and conditions apply unless (i) you have signed a separate purchase agreement with NA Bocker, in which case the separate agreement shall govern; or (ii) other NA Bocker standard terms apply to the transactions. These terms and conditions are subject to modification without prior written notice at any time, in NA Bocker’s sole discretion.
Section 1 - Price and Payment Terms
Your total price for the Products will be stated on your invoice provided with your receipt and you shall also receive a confirmation of your order by way of e-mail to the address you indicate to the sales representative. Terms of payment are within NA Bocker’s or dealers’ sole discretion, and unless otherwise agreed to by them, payment must be received prior to acceptance of an order. Payment for the Products must be made by credit card (Visa, MasterCard, Discover, or American Express), debit card (issued by Visa or MasterCard), check, money order, or wire transfer. Orders are not binding upon NA Bocker or dealers until accepted by them. Any price quotations given by NA Bocker will be valid for the period stated on the quotation, with the exception that NA Bocker and their dealers reserve the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide NA Bocker or chosen dealer with a valid and correct tax exemption certificate applicable to the Product ship-to location prior to NA Bocker’s acceptance of the order.
Section 2 - Shipping and Title
NA Bocker or dealer will arrange shipping of the Products to your address using a carrier of their choice, with their sole and absolute discretion. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. The costs of shipping and handling will be shown on your invoice. NA Bocker or dealer will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failure, or acts of God.
Section 3 - Inspection of Products upon Receipt
You must examine the Products when you receive them. If any item is damaged or missing, you must notify NA Bocker or the dealer you purchased from at once. We will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.
Section 4 - Products
NA Bocker’s policy is one of an ongoing Product update and revision. NA Bocker may revise and discontinue Products at any time. NA Bocker and their dealers will ship you Products that have the functionality and performance of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or online catalog are possible.
Section 5 - Product Suitability
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of Products for certain purposes, which may vary from those in neighboring areas. While NA Bocker attempts to assure that it's Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used. Before purchase and use of Product, please review the Product application, and national and local codes and regulations, to be sure that the Product, installation, and use will comply with them.
Section 6 - Warranty on Repairs
NA Bocker will, at its option, repair or replace defective Products. Damage due to shipping the Products to you is covered under this warranty. This does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, problems associated with electrical power, problems caused by failure to provide a suitable environment or proper installation for the Product, servicing not authorized by NA Bocker, use not in accordance with Product instructions, or failure to perform required preventative maintenance. This warranty is void if the Product is taken apart or otherwise disassembled in any manner. NA Bocker will repair or replace Products returned to its facility in accordance with Return Policy outlined below. NA Bocker owns all parts removed from repaired Products. You must directly contact a NA Bocker or dealer sales representative in order to be eligible to receive warranty repair service.
Section 8 - Return Policies
If you bought Products directly from NA Bocker, you may return any unused portion of them to NA Bocker up to thirty (30) days from the date of the delivery for a complete refund of the purchase price.
To return Products, you must call a sales representative at NA Bocker (1-800-624-8076) or the dealer you purchased from. You must ship the Products to NA Bocker in their original packaging and condition, unused and uncut, prepay shipping charges and accept the risk of loss or damage during shipment. NA Bocker will not ship a replacement or exchange until we have received the returned Product.
The returned package must contain a copy of an original sales receipt or invoice containing the price of the returned Product(s). Returned Products must be in as-new condition, and all of the manuals and other items included with a Product must be returned with it. Any returned Product shipped C.O.D. or in any other way shipped without complying with every requirement under this section may be returned by NA Bocker. NA Bocker will not accept returns or exchanges of Products with removed or altered serial numbers or missing/broken quality seals.
Price protection is extended ten (10) days from date of receipt, original receipt required. A restocking fee of 15% of the purchase price will be charged on any returned item without complete packaging. (The 15% fee will be assessed at time of refund). Refunds on money orders or certified cash or check purchases in excess of $100.00 will be issued by check from NA Bocker corporate office within 15 business days of the return date. If preferred and agreed upon, NA Bocker will also credit returns by applying them toward current balance or future purchases. Refunds on purchases made with a credit card will only be credited to the same card, and may take up the 72 hours to post on the account.
Section 9 - Customer Support
NA Bocker provides a range of basic support options for the Products via a variety of on-line, telephone, and other methods.
(a) NA Bocker Internet Site. We recommend that before calling NA Bocker, you go to the NA Bocker site on the Internet (http://www.nabocker.com). It is likely that you can find answers to most, or all, of your questions there.
(b) Customer Support Telephone Number. You may contact 1-800-624-8076. NA Bocker can assist you with questions about your purchase, shipment, repair service, and any exchanges or returns. This is also the number to call to change your address or to inquire about orders, bills and invoices.
Section 10 - Entire Agreement/Revisions
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and NA Bocker. NA Bocker may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of which you are bound. For convenience purposes only, NA Bocker may e-mail you the most current version of this Agreement or any revisions at the e-mail address provided during the registration process (or any updated e-mail address given by you) in the event that there are any revisions to this Agreement.
Section 12 - Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of North Carolina, excluding conflict of law rules. For any dispute arising under this Agreement, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.
Section 13 - International Orders; Not For Resale
NA Bocker has separate terms and conditions governing (1) the provision of Products to customers outside the United States or (2) to persons desiring to purchase Products for Resale.
Section 16 - Notice
Except as explicitly stated otherwise, any notices shall be given by postal mail to NA Bocker 302 West Lane St. Raleigh, NC 27603 (in the case of NA Bocker) or to the email address you provide to NA Bocker (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless and only unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NA Bocker during an ordering period. In such case, notice shall be deemed given three (3) days after the date of mailing.

