Terms and Conditions

OFFER, GOVERNING PROVISIONS AND CANCELLATION

This document is an offer or counter-offer by nora systems, Inc. (“nora”) to sell the goods and/or services described in it in accordance with these terms and conditions of sale (these “Terms and Conditions”), is not an acceptance of any offer made by buyer, and is expressly conditioned upon assent to these Terms and Conditions. No additional or different terms or conditions will be binding upon nora unless specifically agreed to in writing. nora hereby objects to any such additional or different terms or conditions contained in any purchase order or other communication heretofore or hereafter received from buyer. No accepted offer may be cancelled or altered by buyer except upon terms and conditions accepted by nora in writing. This document and these Terms and Conditions shall be the entire agreement between the parties on the subject of the transactions described herein (this “Agreement”). 

TERMS OF ORDER

  • Delivery – Any delivery date is the best estimate possible, based on current and anticipated factory loads, of when the product will be shipped. nora assumes no liability for loss, damage or consequential damage due to delays. Neither party is liable for damage or delay in delivery arising from causes beyond its control and without its fault or negligence including, but not limited to, acts of God or the public enemy, acts of Government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and any computer or software failures or malfunctions. If the delay is caused by the delay or default of a subcontractor of nora and if such delay arises from causes beyond the control of both nora and the subcontractor, nora shall not be liable to buyer in damages.
  • 30 Days/Net for open accounts.
  • Less than $500 (new accounts) are shipped C.O.D. or can be prepaid.
  • C.O.D. orders over $500 must be certified check.
  • If Buyer shall fail to comply with any provision or to make payments in accordance to the terms of this agreement, nora may at its option suspend shipments or, without waiving any other rights it may have, terminate this agreement. All deliveries shall be subject to the approval of nora Credit Services Department. nora reserves the right before making any delivery, to require payment in cash or security for payment.
  • Accounts not paid within terms are charged a service charge of 1.5% per month (18% APR) plus any and all collection charges incurred thereafter.
  • Custom orders are subject up to 5% production overrun.
  • Sales/use tax applied, where applicable.
  • Freight can be prepaid, prepaid and add, or collect.
  • There is a $25.00 fee on NSF checks.
  • Any item that is cancelled more than 10 business days after receipt of order by nora, will be subject to a 30% cancellation charge. 

CONDITIONS OF RETURNS

  • The Return Number must be obtained prior to return and must be placed and displayed on Bill of Lading and address label. • Returns will be scheduled by a nora associate using a nora approved carrier.
  • Liability of the freight charges to be determined and charged accordingly.
  • Do Not Double Stack and Do Not Break Shrink-Wrap must also appear on the Bill of Lading and pallet.
  • Credit will be issued upon receipt of material that is NEW and in GOOD and SALEABLE condition.
  • Only standard stocking products may be returned.
  • Adhesives cannot be returned due to shelf life.
  • Tiles must be stacked front-to-front/back-to-back to prevent surface damage. There must be a protective sheet between the pallet and the first tile.
  • Stairtreads must be placed on the pallet face down with a protective sheet between the pallet and the first tread.
  • Material must be in original packaging or equivalent packaging.
  • All material must be secured to the pallet in such a manner as to prevent shifting. Metal banding is not to be used.
  • All material being returned must be placed on a pallet large enough so there is no overhanging material on any side.
  • A restocking charge of 30% will be charged on all return orders.
  • No return authorization will be given after 30 days. All return shipments must be in our hands 30 days after authorization.

REJECTED RETURNS

All returned shipments will be rejected if:
  • No Return Authorization number on the Bill of Lading
  • Received after 30 days of authorization
  • Noticeable damage or improper handling of products
  • Broken, damaged or unauthorized packaging
  • Custom or non-stocking colors or products
  • Materials not listed on Return Authorization, or
  • Adhesive returned.
  • nora® pro install materials cannot be cancelled or returned.

TITLE OF GOODS

  • F.O.B. warehouse
  • Goods must be inspected immediately upon delivery. Report any shortages to nora systems, Inc. (“nora”) no later than 10 days after receipt. Failure to do so could forfeit your right to further action, and you will be held responsible for the entire invoice amount.

PRODUCT WARRANTY

nora systems, Inc. (nora) warrants the following nora® brand products (collectively, the “Warranted nora Brand Flooring Products”) as set forth below: norament® and noraplan® rubber flooring, norament rubber stairtread (excluding visually impaired strips), accessories (including visually impaired strips), nora® nTx 020 bond enhancer and adhesives, and the conductivity of its Electrostatic Dissipative (“ESD”) flooring system (norament ed and noraplan ed flooring and adhesive).

nora Brand Flooring Products

  • The Warranted nora Brand Flooring Products listed in the table below are warranted to the original end-use customer, for the period of time indicated in the table below, against blemishes and excessive wear due to normal traffic, provided the material was installed and maintained properly and strictly in accordance with the applicable nora Installation Guides and Maintenance Guides, which can be found on the nora.com/us website and used as intended and recommended. For these purposes, “excessive wear” is defined as wear in excess of the following measurements: norament® products and norament® stairtreads, 0.0375” total; noraplan® products, 0.0525” total. All warranty claims must be made by the customer before the end of the time period stated in chart below; and
  • The conductivity of ESD flooring system products are warranted to the original end-use customer for a period of 10 years from the date of invoice, provided the material was installed with nora’s conductive adhesive (acrylic or polyurethane), when tested according to the test procedures of ESD S7.1-94 and ASTM-F-150 under >30% relative humidity at room temperature to measure between 106 and 109 OHMS. All warranty claims must be made by the customer within the established 10 year period; and
  • Installations of all Warranted nora Brand Flooring Products must be completed strictly in accordance with the applicable nora Installation Guide, which can be found on the nora.com website. In all installations, there must be no visible moisture on the surface of the concrete slab. Written and photographic evidence showing moisture and mat bond test results must be maintained by the original end-use customer.
Product Blemish and Excessive wear warranty period (years from date of invoice)
nora® stair nosing, wall base, banister trim, sanitary base  5
 noraplan® / noraplan® nTx: lona, valua  5
norament® stairtreads (exclusive of the visually impaired strips)  15
 norament®, norament® nTx, norament® ed  15
 noraplan®, noraplan® nTx, noraplan® acoustic, noraplan® ed  15

If nora determines that a product is covered by this limited warranty, nora will correct the problem in the affected area by either either repair or replacement with comparable product(s), at nora’s option, at no charge to the customer.

nora also warrants the Warranted nora Brand Flooring Products to the original end-use customer against defects arising out of the manufacturing process as stated below:

  • If the product is determined to exhibit a manufacturing defect and the customer has made a warranty claim to nora within the first year following the date of invoice, nora will correct the problem in the affected area either (at nora’s option) by repair or replacement with comparable product(s) at no charge to the customer, as well as pay the reasonable labor costs (as determined by nora) associated with its repair or replacement;
  • If the product is determined to exhibit a manufacturing defect and the customer has made a warranty claim to nora in the second year following the date of invoice, nora will correct the problem in the affected area either (at nora’s option) by repair or replacement with comparable product(s) at no charge to the customer, as well as pay fifty percent (50%) of the reasonable labor costs (as determined by nora) associated with its repair or replacement; and
  • If the product is determined to exhibit a manufacturing defect and the customer has made a warranty claim to nora in the third, fourth, or fifth years following the date of invoice, nora will correct the problem in the affected area either (at nora’s option) by repair or replacement with comparable product(s) at no charge to the customer, but will not be responsible for any labor costs associated with its repair or replacement.

nora Adhesive Products

As stated below, nora warrants to the original end-use customer that the following adhesives are free of manufacturing defects: nora® AC 100, ED 120, PU 102, 585, dryfix 750, stepfix and profix tape.

If the adhesive is determined to exhibit a manufacturing defect and the customer has made a warranty claim to nora within the first year following the date of invoice, nora will correct the problem in the affected area either (at nora’s option) by repair or replacement with comparable product(s) at no charge to the customer, as well as pay the reasonable labor costs (as determined by nora) associated with its repair or replacement.

nora Warranty Limitations

In all cases in which a covered warranty condition is determined by nora to exist, the customer must provide reasonable cooperation to facilitate nora’s repair or replacement in the affected area.

This warranty does not cover cuts, loss of gloss, burns, scratches, indentations, stains or other damage, deterioration, problems, or loss caused by abuse, neglect, misuse, improper installation, improper maintenance, flood, or subfloor irregularities. This warranty does not cover fading or discoloration from prolonged, excessive exposure to sunlight or heat. Moisture testing, when applicable, at the installation site is not the responsibility of nora, and issues, problems or damage related to or arising from excessive moisture are specifically excluded from this warranty except as expressly set forth herein and in the applicable nora Installation Guides and Maintenance Guides. This warranty does not cover any issues, problems or damages arising from or related to installation techniques or conditions not strictly meeting the requirements in the applicable Installation Guide.

nora does not warrant installer’s workmanship unless the affected product was installed by nora affiliate Interface Services, Inc., (Interface Services), and then only in accordance with the terms of the Interface Services installation warranty.

Warranty claims must be made in writing to nora within the timeframes indicated herein. Warranty claims must be addressed to: nora systems, Inc., Technical Operations Department, 9 Northeastern Blvd., Salem, NH 03079. Warranty claims must include contemporaneous documentation that all warranty conditions were and continue to be met. This warranty will be void if its terms are not followed. The customer must inspect all products, prior to installation, for patent defects and notify nora thereof, prior to installation; otherwise, this warranty will be void. No person other than an officer of nora may authorize a waiver or modification of the terms of this warranty, which must be in writing and signed by that officer.

This limited warranty and the applicable Installation Guides and Maintenance Guides are subject to change at nora’s discretion and without notice. Please contact nora or visit the nora.com website for the latest versions. For additional information regarding usage in recommended applications, please refer to www.nora.com/us or call 1-800-332-NORA. Warranty periods commence on the date of invoice of the product to the original end-use customer.

The warranties herein are only made to the original end-use customer and no other parties. The remedies stated herein are the sole and exclusive remedies of the original end-use customer and the sole and exclusive liability of nora and its affiliates.

THE WARRANTY, REMEDY AND LIMITS OF LIABILITY CONTAINED HEREIN ARE EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, REMEDIES AND LIABILITIES, WHETHER EXPRESS OR IMPLIED. NORA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES THAT MAY ARISE BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF ITS PRODUCTS FOR ANY PARTICULAR PURPOSES. NOTE THAT SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF SOME IMPLIED WARRANTIES, SO YOUR RIGHTS MAY BE DIFFERENT THAN STATED HEREIN. IN NO EVENT WILL NORA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOSS OF BUSINESS, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER NORA OR ITS AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Supersedes all previous information. Effective February 2020.

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