NCT Terms & Conditions of Sale
These Terms and Conditions of Sale serve as an agreement between National Cellular Trading Inc., dba NCT USA (“NCT”) owners and operators of www.nct-usa.net (“NCT.NET”) and the buyer (“BUYER”), in any and all transactions involving sale of goods and/or services from NCT, and/or from NCT.NET.
These Terms & Conditions of Sale apply to any and all transactions made with NCT and NCT.NET by any BUYER, and supersedes all other agreements, digital or printed. Non-negotiated terms, such as those printed on a purchase order or an invoice, will have no effect on NCT in any fiscal or legal way. NCT’s acceptance of a Purchase order with such printed terms shall not obligate NCT to accept such non-negotiated terms.
In consideration of your agreement to these Terms & Conditions, any purchase that is made from NCT or NCT.NET constitutes an agreement, written or verbal, to pay the full invoiced amount within the agreed upon payment terms, unless otherwise agreed to by both parties via written agreement. Failure to pay on time shall constitute a breach of sale, and will authorize NCT and/or NCT.NET to collect 10% interest monthly outside of principle balance, until said principle balance is paid in full.
All claims for Shortages, product damages, shipment tampering and/or damages must be made within 24 hours after receipt of said product. NCT requires both written and photographic verification of the damage or package tampering in order to consider any claim. Any credit request for product non-conformance must be made within 7 business days after receipt of the merchandise. Any claims made after this point are deemed valid or invalid at the discretion of NCT Management. For clarification on policies or procedures for any return or restitution claims made to NCT or NCT.NET can be found in our Return Policy, which can be found at www.www.nct-usa.net.
Any BUYER Claim for return or restitution due to product(s) being non-conforming to the cosmetic grading as stated in the NCT Invoice and described and delineated in NCT’s Product Definitions, shall be addressed promptly and appropriately by NCT’s Customer Service Team. All Products purchased from NCT will be categorized against NCT’s fixed grading system as described in NCT’s Product Definitions, which can be found at www.www.nct-usa.net.
NCT does not provide any warranty for its merchandise and is not responsible for any claims or infringements that result in the functional failure or non-performance of said merchandise. NCT makes all due effort to ensure the authenticity of its product, but all trademarks are not the property nor responsibility of NCT. NCT will make due effort to adhere to the cosmetic guidelines as set forth in the NCT Product Definitions. NCT may not be held liable for any equivocations in Quality Control efforts, only as far as to expect that NCT Customer Service team will make due effort to amenably satisfy any valid claims from unsatisfied BUYER’s.
The title to Products remains with NCT until we tender the products to our shipper (FedEx, UPS, and DHL etc.). BUYER expressly acknowledges that the risk of loss and liability for the products shall pass to BUYER upon product shipment. BUYER acknowledges and agrees that BUYER shall have no right to refuse or return the products after products have been tendered to the shipper. Should BUYER fail to accept the delivery of such products and they are returned to NCT; NCT reserves the right to re-initiate a new shipment at BUYER’s sole risk and expense, and/or bill BUYER for any and all restocking fees and shipping costs at NCT’s sole discretion.
If a sale made to the BUYER results in a bounced check fee or Credit Card charge-back fee or any other such fee resulting from payment failure, then BUYER is responsible to pay NCT the full amount of the invoice owed, plus any all fees associated with this transaction.
NCT hereby reserves the right, at the discretion of NCT Management, to cancel any sale for any reason. In the event that a sale is cancelled you will be notified via Phone or E-Mail within 24 hours of cancellation.
In the event that the BUYER wants to cancel a Purchase Order, written or verbal, they must do so in a timely fashion and agree to indemnify NCT for any cost that they may incur due to the cancellation of the order. In the event that product for an order was sourced and purchased specifically for the BUYER, it is at the sole discretion of NCT Management as to whether or not a BUYER may cancel the Purchase Order.
If BUYER is prevented or delayed in performance of its payment obligations hereunder as a result of circumstances beyond BUYER’s reasonable control, including, by way of example, war, riot, fires, floods, epidemics, or failure of public utilities or public transportation systems, such failure or delay will not be deemed to constitute a material breach of this Agreement, but such obligation will remain in full force and effect, and will be performed or satisfied as soon as reasonably practicable after the termination of the relevant circumstances causing such failure or delay.
The BUYER and executives and/or owners of the BUYER hereby agree that all transactions, agreements and contracts will be deemed to have taken place and been executed in Brooklyn, New York, USA and that the laws of the State of New York will govern and control all matters associated with transactions with NCT and/or NCT.NET. Each party hereby irrevocably submits to the jurisdiction of the courts of the State of New York, sitting in Kings County, and to the courts of the United States for the Eastern District of New York.
BUYER agrees to defend, indemnify, and hold NCT and its officers, managers and employees harmless from and against any and all claims or demands arising from resulting transactions between BUYER and NCT or NCT.NET or claims or demands from any end user or purchaser of any products.
If any term of provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, then the remainder of the terms and provisions set forth shall herein remain in full force and effect and shall in no way be impaired or invalidated.
This agreement is effective from the executed date and will remain effective until it is expressly deemed invalid in writing and signed and agreed upon by both parties.
These Terms & Conditions of Sale cannot be amended orally, or by any course of conduct or dealing, but only by written agreement signed and executed by both parties in the State of New York.
NCT.COM Terms & Conditions of Use
These Terms and Conditions of Use serve as an agreement between National Cellular Trading Inc., dba NCT USA (“NCT”) owners and operators of NCT.NET and the Website User (“USER”), in all instances where the USER is browsing, using, accessing or registering with NCT.NET, superseding all other agreements, digital or printed.
All transactions involving sale of goods and/or services from NCT or NCT.NET shall be governed by the NCT Terms & Conditions of Sale.
USER must only use NCT.NET for lawful purposes, and must not use it in a way that infringes upon the rights of anyone else or that restricts or inhibits anyone else´s enjoyment of NCT.NET.
USER may access, download and display the content of NCT.NET on a computer screen and print one copy of such content, but solely for your own personal use or internal business purposes. Other than, for your own personal use or internal business purposes, you may not, without prior written consent from NCT, reproduce, use or otherwise deal with or manipulate any content on NCT.NET.
USER may not modify, distribute or re-post any content from NCT.NET for any purpose.
USER agrees to not reproduce, crawl, frame, link to or deep-link into NCT.NET on or from any other website or application/app or any other device connected to the Internet.
USER abstains from the use of the content of NCT.NET for any commercial exploitation whatsoever.
USER agrees to not use NCT.NET for disseminating any unlawful, libelous, threatening, abusive, bullying, vulgar, obscene, or otherwise objectionable material.
USER shall not use NCT.NET to transmit material that encourages conduct that constitutes a criminal offence, resulting in civil liability or otherwise breaches any laws, regulations or codes of practice.
USER guarantees to never attempt to use NCT.NET to gain unauthorized access to NCT, NCT.NET or other computer systems.
USER shall not interfere with any other people, websites or networks that are connected to NCT.NET.
USER agrees to never engage in the making, transmitting or storing of electronic copies of materials protected by copyright.
USER who chooses to access NCT.NET from locations outside the USA is responsible for compliance with local laws if and to the extent local laws are applicable.
The content of NCT.NET is protected by copyright, trademarks, database and other intellectual property rights. All rights, including copyright and other intellectual property rights, in and to NCT.NET are owned by NCT in their entirety.
USER is solely responsible for maintaining the confidentiality of their login password and account and any activities that occur under your account. NCT will not be liable for any loss or damage which may arise as a result of any failure by USER to protect USER’s password or account. Please report any potentially compromised passwords to [email protected], and change your password immediately.
Access to NCT.NET may occasionally be restricted or limited to allow general maintenance. We will endeavor to limit these period to best of our ability.
NCT uses reasonable efforts to ensure that NCT.NET is free from viruses and other malicious or harmful content. However, NCT cannot guarantee that USER’s use of NCT.NET (including any content on it or any website accessible from it) will not cause damage to USER’s computer or other device. It is USER’s responsibility to ensure that you have the right equipment and software (including antivirus software) to use NCT.NET safely and to screen out anything that may damage or harm USER’s computer or other device. NCT shall not be held liable to any person or company for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via NCT.NET.
NCT may have placed links on NCT.NET to other websites. NCT does not vet these websites and does not have any control over their contents. NCT does not accept any liability in respect of the use of these websites.
NCT disclaims all representations and warranties, express or implied, that content or information displayed in or on NCT.NET is accurate, complete, up-to-date and/or does not infringe the rights of any third party (to the extent permitted by applicable law).
NCT.NET may contain advertising and/or sponsorship. These advertisers and sponsors are responsible for ensuring that material submitted to NCT complies with relevant laws and codes. NCT will therefore not be responsible for any error or inaccuracy in advertising and sponsorship material.
NCT.NET is provided by NCT for USER use without any warranties or guarantees. USER must bear the risks associated with the use of the Internet.
NCT excludes all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. NCT accepts no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with the NCT.NET Terms & Conditions of Use or USER use of NCT.NET.
Except to the extent required by applicable law, NCT shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on NCT.NET.
USER will indemnify NCT against all losses, liabilities, costs and expenses reasonably suffered or incurred by NCT, all damages awarded against NCT under any judgment by a court of competent jurisdiction and any sums paid by NCT as a result of any settlement agreed by NCT arising out or in connection with: any claim by any third party that the use of NCT.NET by USER is defamatory, offensive, bullying or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of NCT.NET by USER infringes on that third party’s copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of NCT.NET by USER.
NCT reserves the right to change and update these NCT.NET Terms & Conditions of Use from time to time without prior notice.
If any provision of these NCT.NET Terms & Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of NCT.NET Terms & Conditions of Use, which shall remain in full force and effect.