Nukon.us Privacy Policy

Last Updated on 5/9/22. This privacy policy is effective immediately.

1. Contract and Acceptance. The attached Invoice/Estimate/Quote (“Invoice”), along with these Terms and Conditions, constitute an offer from Seller to Buyer, which shall become a legally binding Contract upon Buyer’s acceptance, e.g., by signing the attached Invoice, or by another manifestation of assent. Buyer represents that it has had sufficient opportunity to review and seek legal counsel regarding the Contract. “Purchases” means any Machine, equipment, components, parts, and/or accessories identified in the Invoice for purchase under the Contract. In the event of an inconsistency between the Invoice and these Terms & Conditions, the Invoice controls. The Invoice and these Terms & Conditions together constitute the entire Contract, and may be amended only by a signed writing.
2. Price(s) are in U.S. dollars. Seller shall have the right to make commercially reasonable adjustments to the Invoice price(s) for any cost increases beyond Seller’s control, e.g., changes in foreign exchange rates. Buyer shall be responsible for all applicable taxes, including but not limited to sales and use tax, which shall be added to Invoice if paid by Seller. 2% monthly interest applies to overdue payments.
3. Security Interest. Buyer hereby grants to Seller a security interest in the Purchases to secure payment and authorizes Seller to file/record a UCC-1 or analogous record.
4. Timing. Shipping, delivery, and installation dates referenced in the Contract represent estimates. Overseas manufacturing, shipping, customs, ground transportation, and/or other factors may affect these dates. Commercially reasonable variation in these dates shall not constitute breach or nonconformity.
5. Preinstallation Preparations. Buyer is obligated to perform Preinstallation Work (e.g., foundation, electrical, plumbing) referenced in the Invoice according to Preinstallation Specifications, which may be provided after acceptance of the Contract. Buyer is responsible for hiring and paying third parties, as may be necessary, to perform the Preinstallation Work. Buyer further acknowledges that Seller is not a licensed contractor for the Preinstallation Work and is not responsible for inspecting or verifying the correctness thereof.
6. Shipping. Seller reserves the right to make commercially reasonable adjustments to quoted shipping and logistics rates based on market fluctuations. In the event that Purchases are delivered to a different (from the Contract f.o.b. point) port because of circumstances beyond Seller’s control, Buyer is required to accept such Purchases f.o.b. the different port and shall be responsible for any additional domestic overland freight charges.
7. Inspection. The Buyer shall inspect all Purchases immediately upon tender or delivery and shall within five (5) days thereafter provide written notice to Seller of any nonconformity. Upon receipt of such notice, and notwithstanding any other Contract deadlines, Seller shall have a reasonable amount of time to remedy any actual nonconformity by substitution, repair, or otherwise.
8. Transfer of Title/Ownership. Notwithstanding possession of the Purchases, Seller shall retain title and ownership until Buyer has paid Seller in full.
9. Safety, Operation, Use, and Maintenance. Buyer is responsible for: (i) ensuring that Purchases are set up, configured, and operated only by trained operators using proper safety devices, safety equipment, and safe operating procedures; (ii) ensuring that all operators are properly trained; (iii) ensuring that Purchases are used only within capability ranges and on approved materials; (iv) ensuring that setup, use, and operation of the Purchases complies with all applicable government and industry safety and operation standards; (v) compliance with all applicable government, commercial, and industry electrical codes and standards; (vi) performing maintenance according to the Maintenance Instructions provided by Seller in conjunction with delivery, tender, and/or installation of the Purchases.
10. Service. “Service” includes all work, demonstrations, installation, start-up, use/operation instructions, maintenance, and repairs for the Machine. Other than Services explicitly included as part of the Contract, Buyer shall pay Seller for any Service, including hourly rates (including overtime as appropriate), costs (e.g., rigging equipment, tools, supplies), travel, per diem, and any other incidentals.
11. Limited Warranty. Seller warrants each Machine to be free from defective material and workmanship for one (1) year from the date of tender or delivery (“Warranty Period”) to Buyer. Any of the following circumstances voids this Limited Warranty: (i) failure to properly perform the Preinstallation Work; (ii) improper setup, operation, maintenance, conditions, or treatment of a Machine giving rise to defective Machine performance; (iii) regular use of Machine for more than eight (8) hours per day; (iv) change in Machine ownership; and (v) repair, alteration, or modification of any kind to the Machine other than by Seller or with Seller’s written approval. During the Warranty Period, upon written notice to Seller of any defective material or workmanship covered by the Limited Warranty, Seller shall within a commercially reasonable period of time repair or replace, at its discretion, a defective Machine or Machine component, and this shall comprise Buyer’s sole remedy under the Limited Warranty. The Limited Warranty DOES NOT COVER cutting tools, dies, and/or consumables. THIS LIMITED WARRANTY SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This Limited Warranty applies only to new Purchases. No warranty for used Purchases.
12. Damages Limitation. Damages and remedies for any breach of the Contract are limited to the price paid under the Contract and shall not include, under any theory, (a) incidental, special, punitive, consequential or indirect damages or (b) damages resulting from lost sales, business, profits, data, opportunity, or goodwill.
13. Indemnification. Buyer shall indemnify Seller for any third-party claims against Seller arising out of Buyer’s breach of the Contract, including but not limited to costs of defense, attorney fees, damages, and/or judgments.
14. Insurance. At all times after possession of the Purchases has transferred to Buyer, and until Buyer has made full payment under the Contract, Buyer shall maintain, with an insurance carrier reasonably acceptable to Seller, insurance sufficient to cover loss of or damage to the Purchases (e.g., during shipping, transportation, rigging, or use), and shall provide proof of such insurance upon Seller’s request.
15. Confidentiality. The terms of this Contract, including but not limited to pricing, are confidential and may not be disclosed to any third party.
16. Governing Law and Disputes. This Contract is governed by the laws of the state of Utah. Any legal actions arising out of disputes under this Contract shall be brought exclusively in the Utah Third District Court in Salt Lake City, Utah, or in the Federal District Court for the District of Utah in Salt Lake City, Utah if jurisdiction and venue are available in such courts. The Parties hereby waive any objections to lack of personal jurisdiction in such courts. The Parties hereby waive their right(s) to a jury trial. The prevailing Party in any action, suit, or proceeding to enforce this Agreement shall be entitled to reasonable costs and attorney fees.
17. Force Majeure. Either party is excused from nonperformance (including delay, but excluding payment of money) to the extent such nonperformance results from circumstances beyond the reasonable control of and without the fault or negligence of the affected party.

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