Terms and Conditions

TERMS AND CONDITIONS OF WEBSITE USE

Welcome to NexGen Workspace!

These terms and conditions outline the rules and regulations for the use of NexGen Workplace, LLC’s Website, located at https://nexgenworkspace.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use NexGen Workplace if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing NexGen Workplace, you agreed to use cookies in agreement with the NexGen Workplace, LLC’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, NexGen Workplace, LLC and/or its licensors own the intellectual property rights for all material on NexGen Workplace. All intellectual property rights are reserved. You may access this from NexGen Workplace for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from NexGen Workplace
• Sell, rent or sub-license material from NexGen Workplace
• Reproduce, duplicate or copy material from NexGen Workplace
• Redistribute content from NexGen Workplace

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. NexGen Workplace, LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of NexGen Workplace, LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, NexGen Workplace, LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

NexGen Workplace, LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant NexGen Workplace, LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of NexGen Workplace, LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to NexGen Workplace, LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of NexGen Workplace, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
• The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

TERMS AND CONDITION OF SALE

Taxes

Unless otherwise noted, prices do not include applicable sales, use, excise, or any other tax.   Buyer agrees to pay any sales or use taxes imposed upon this transaction, and to the extent these taxes are assessed against the seller, agrees to indemnify the seller for any tax, interest, or penalties imposed. Buyers exempt from taxes will furnish certifications of exemption upon execution of this agreement.

Freight

Freight charges are not included unless noted.

Delivery and Installation

In the event that delivery and/or installation is required as part of this proposal, the following provisions shall apply:

1. Condition of job site – The job site shall be clean, clear, and free of debris prior to installation.
2. Job site services – Electric current, heat, hoisting and/or elevator service will be furnished without charge to seller. Adequate facilities for off-loading, staging, moving, and handling of merchandise shall be provided.
3. Special packaging or handling – If any additional special packaging or handling is required that is not noted in the quote, the resulting extra charges will be paid by the buyer.
4. Delivery during normal business hours – Unless otherwise noted, delivery and installation will   be performed during normal working hours. Additional labor costs resulting from after hours or weekend work performed at the buyer’s request will be paid by the buyer.
5. Union or prevailing wage requirements – If the installation of the product must be performed by union employees or under a prevailing wage contract, any additional labor cost will be paid by the buyer.
6. Storage space – Provided the merchandise does not arrive at the site earlier than the date requested, safe and adequate storage space will be provided by the buyer. If the space provided is inadequate and requires, at the discretion of the seller, excessive sorting or storage costs, extra costs will be reimbursed by the buyer. If the space provided is inconveniently located or on another floor, the extra cost of transporting to and from storage will be reimbursed by the buyer. If the merchandise must be moved due to progress of other trades, the extra costs will be reimbursed by the buyer.
7. Erection and Assembly – Seller’s ability to erect or assemble furniture knocked-down or to permanently attach, affix, or bolt in place movable furniture is dependent on jurisdictional agreements. If trade regulations enforced at the time of installation require the use of tradesmen at the site other than the seller’s own installation personnel, resulting additional costs will be paid by buyer.
8. Loss – After arrival at the site, any loss, theft or damage by weather, other trades such as painting or plastering, fire or other elements shall be the responsibility of the buyer and the buyer agrees to hold the seller harmless from loss for such reasons.
9. Insurance – Public Liability, Workmen’s Compensation, Property Damage, Automotive and Occupational Disease Insurance are carried by the seller and certificates will be delivered upon request.  Fire, Tornado, Flood, and other insurance at the site will be provided and paid for by the buyer.
10. Receipt – Buyer or Buyer’s Representative must be present at time of delivery of goods to sign for and acknowledge correctness of count and condition of goods being delivered.
11. Coordination – Buyer shall designate one person and only one to coordinate the receipt and installation between seller and buyer.

Claims

Timely claims, within 30 days, for transportation damage will be prosecuted by the seller and damaged merchandise will be repaired to the satisfaction of the buyer or merchandise replaced.  Claims for direct shipments, however, are the responsibility of the consignee. Failure of the buyer to present a written claim respecting any shipment within ten days after receipt thereof shall constitute a waiver of all claims thereto.

Warranty

All furniture is warranted by the manufacturers to be free from defects in materials or workmanship. Most items carry a limited lifetime warranty through the individual manufacturers and warranty service will be performed by the seller. In addition, the seller warranties all new products for a period of twelve (12) months from date of delivery unless otherwise specified.  No warranty of merchantability or fitness for a particular use is made. The warranty is made expressly in lieu of any, and all other warranties expressed or implied.

Cancellation and Changes

Once a proposal has been accepted, it cannot be changed or canceled except by mutual written consent or under the following conditions.  Kick Starter Package service contracts may be canceled after 1 year and are considered month to month after 12 months. Sixty days’ notice in writing must be given of cancelation.  For any Kickstarter Package cancelations within 12 months, the seller will be charged a 25% marginal restocking fee. There is no provision for early cancelation of the 3- or 5-Year Service plans. Any cancelation of the 3- or 5-Year Service plan contracts before the end of term will result in the balance of the contract being due. All cash sales are final upon delivery. The seller’s order confirmation is final and binding. All requests for changes in quantity or specification shall be delivered to the seller in writing and are subject to approval by seller and manufacturer. Any additional charges from the manufacturer resulting from requested changes shall be paid by the buyer.

Delay

In the event that construction delays or other causes not within the seller’s control force postponement of the installation, the furnishings will be stored until installation can be resumed, and the seller reserves the right to invoice the buyer. In such event the buyer shall reserve the right to withhold 10% of the invoiced amount of such shipments against the completion of the installation. Transfer and storage charges incurred shall be paid by the buyer.

Terms, Payments and Deposits

Payment terms are contingent upon the type and scope of individual projects as follows:

Credit Cards:

There will be a 3% convenience fee for all credit card payments.

Kickstarter and 3 and 5 Year Service Contracts:

Payments will be invoiced starting on the 1^st of the month following scheduled delivery and are due on the 15^th of that month and every month thereafter through completion of the contract.

Projects less than $1,000:

Due upon receipt

Cash Sales:

A deposit of 50% is due at signing. The remaining balance is invoiced upon delivery and is due net 15.

Terms other than those specified above require prior approval by NexGen Workspace Management.

Acceptance of delivery constitutes acceptance of the merchandise as delivered. The buyer agrees to pay each invoice pursuant to these terms. In the event seller requires buyer to pay a deposit prior to ordering any furniture, said deposit will be deducted from the final invoice. The buyer agrees to pay a finance charge of 1 % per month on all delinquent invoices as well as expenses, attorney fees and court costs which seller incurs by reason of any default by the buyer, including non-payment. Any service contracts delinquent 90 days are subject to contract cancelation, repossession of the product and the resulting charges as stated above. Title to the subject merchandise for cash sales will pass from the seller to the buyer when the goods are identified and delivered to the carrier for transportation to the buyer’s place of business. All merchandise under a service contact remains the property of the seller. Under the 3 and 5 Year Service contract, merchandise may be transferred to the buyer for $1 at the end of term or repossessed by the seller. Merchandise under a Kickstarter Package contract is ineligible for transfer.

Purchase Money Security Interest

To secure full payment and performance of all of buyer’s obligations to seller, however arising, buyer hereby grants to seller a purchase money security interest in all of the merchandise sold hereunder, and in any proceeds thereof and any present and future attachments or additions thereto. Buyer agrees that copy of this contract may be filed and will be sufficient as a security agreement and financing statement under the Uniform Commercial code in order to perfect such security interest, and further agrees to execute any other documents deemed necessary to seller to give full legal effect to the provisions of this paragraph. Buyer shall within ten days of receipt of any goods notify all third parties affected hereby including financing institutions holding a security interest in the buyer’s inventory or equipment of seller’s purchase money security interest. All the rights and remedies of seller provided herein shall be cumulative and in addition to any other rights and remedies provided by law or equity. Waiver by seller of any breach of any provision hereof shall not constitute a waiver of any other breach.