DISCLAIMER AND LIMITATION OF LIABILITY

NEXT Trade Imports Trading Inc.

Effective Date: July 1, 2025
Last Updated: July 1, 2025

1. GENERAL DISCLAIMER

IMPORTANT NOTICE: PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE, PRODUCTS, OR SERVICES.

NEXT Trade Imports Trading Inc. (“Company,” “we,” “us,” or “our”) provides this disclaimer to inform users about the limitations of our liability and the conditions under which our products, services, and information are provided. This disclaimer applies to all aspects of our business including our website, products, services, and all communications.

1.1 Business Nature

We are importers and distributors of construction materials and lighting solutions. We do not manufacture the products we distribute, and our role is primarily that of a supplier and facilitator of construction materials for the Philippine market.

1.2 Professional Advice Limitation

WE ARE NOT LICENSED ENGINEERS, ARCHITECTS, OR CONSTRUCTION CONSULTANTS. Any information provided is for general guidance only and does not constitute professional engineering or architectural advice.

2. PRODUCT DISCLAIMERS

2.1 Product Performance and Specifications

PERFORMANCE VARIATIONS:

Product performance may vary based on environmental conditions, installation quality, usage patterns, and maintenance
Specifications provided are based on standard testing conditions and may not reflect performance in all situations
Actual product appearance may differ from website images, brochures, or samples
Performance ratings are estimates and not guarantees of specific outcomes

SPECIFICATION ACCURACY: We make reasonable efforts to ensure accuracy of product specifications, however:

Specifications may change without notice due to manufacturer updates
Technical data is provided by manufacturers and third-party suppliers
Translations of specifications may contain inaccuracies
Local conditions may affect product performance differently than stated specifications

2.2 Imported Products Disclaimer

INTERNATIONAL STANDARDS:

Products are manufactured to international standards which may differ from local preferences
Certification marks and standards referenced may be from countries of origin
Compliance with Philippine standards is the responsibility of the end user
Import duties, taxes, and regulatory approvals may affect product availability

MANUFACTURER WARRANTIES:

Product warranties are provided by original manufacturers, not by NEXT Trade Imports
Warranty terms and conditions are subject to manufacturer policies
Warranty claims must be processed through established manufacturer channels
We facilitate warranty communications but do not guarantee warranty outcomes

2.3 Solar and Electrical Products

ELECTRICAL SAFETY:

All electrical installations must be performed by licensed electricians
Products must be installed in accordance with Philippine Electrical Code
Electrical specifications must be verified for local grid compatibility
Solar product performance depends on local weather and environmental conditions

ENVIRONMENTAL FACTORS:

Solar panel efficiency varies with sunlight exposure, weather conditions, and geographic location
LED lifespan and brightness may be affected by temperature, humidity, and usage patterns
Marine environments may accelerate corrosion despite protective coatings
Extreme weather events may damage products beyond normal design parameters

2.4 Steel and Construction Materials

STRUCTURAL APPLICATIONS:

Steel products must be evaluated by qualified structural engineers for specific applications
Load-bearing calculations must be performed by licensed professionals
Soil conditions, seismic factors, and local building codes must be considered
Corrosion protection requirements vary by environment and application

INSTALLATION REQUIREMENTS:

Proper installation is critical for product performance and safety
Installation must comply with manufacturer guidelines and local building codes
Specialized equipment and trained personnel may be required
Site conditions may require modifications to standard installation procedures

3. SERVICE DISCLAIMERS

3.1 Technical Support and Consultation

ADVISORY SERVICES:

Technical support is provided for general product information only
We do not provide engineering design or calculation services
Professional consultation should be obtained for specific project requirements
Our recommendations are based on general experience and may not suit all applications

PROJECT SUITABILITY:

Customers are responsible for determining product suitability for their specific projects
Site conditions, local regulations, and project requirements must be independently evaluated
We cannot guarantee that products will meet all project specifications or expectations
Changes in project scope or conditions may affect product performance

3.2 Installation Services

INSTALLATION LIMITATIONS: When we provide installation services:

Installation is performed to industry standards and manufacturer guidelines
Site conditions may require modifications to standard installation procedures
Underground utilities, soil conditions, and access limitations may affect installation
Weather conditions may delay or affect installation quality

THIRD-PARTY INSTALLERS:

We may coordinate with third-party installation contractors
Third-party contractors are independent entities responsible for their own work
We do not guarantee the performance or liability coverage of third-party contractors
Direct contractual relationships may exist between customers and installers

3.3 Government Projects and Procurement

GOVERNMENT COMPLIANCE:

Government project requirements may impose additional specifications or standards
Compliance with government procurement regulations is a shared responsibility
Documentation and certification requirements may vary by agency and project
Changes in government regulations may affect project specifications or timelines

BIDDING AND PROCUREMENT:

Information provided for bidding purposes is based on available data at the time
Final specifications may be subject to government approval and modification
Award of government contracts is subject to official procurement procedures
We cannot guarantee acceptance of bids or compliance with all government requirements

4. WEBSITE AND INFORMATION DISCLAIMERS

4.1 Website Content Accuracy

INFORMATION RELIABILITY:

Website content is provided for informational purposes only
We strive for accuracy but cannot guarantee that all information is current or complete
Product availability, pricing, and specifications may change without notice
Technical documents and specifications may contain errors or omissions

THIRD-PARTY CONTENT:

Our website may link to or reference third-party content and websites
We do not endorse or assume responsibility for third-party content or services
Third-party information is provided for convenience and may not be current
Users should verify third-party information independently

4.2 Website Availability and Performance

TECHNICAL LIMITATIONS:

Website availability is subject to internet connectivity and technical infrastructure
We do not guarantee uninterrupted access or error-free website operation
Website maintenance, updates, or technical issues may affect accessibility
Mobile device compatibility may vary depending on device specifications and software

DATA SECURITY:

While we implement security measures, we cannot guarantee absolute security of data transmission
Users are responsible for maintaining the security of their account credentials
Public internet connections may pose security risks for sensitive communications
Data backup and recovery procedures are maintained but cannot guarantee against all data loss

5. FINANCIAL AND COMMERCIAL DISCLAIMERS

5.1 Pricing and Availability

PRICE VARIATIONS:

Prices are subject to change without notice due to market conditions, currency fluctuations, and supplier adjustments
Final pricing is confirmed only upon formal quotation and order acceptance
Import duties, taxes, and regulatory fees may affect final product costs
Bulk pricing and project discounts are subject to specific terms and conditions

PRODUCT AVAILABILITY:

Product availability is subject to supplier inventory and manufacturing schedules
Lead times are estimates and may be affected by shipping, customs, and logistical factors
Force majeure events may affect product availability and delivery schedules
Discontinued products may not be available for future orders or warranty replacement

5.2 Payment and Credit Terms

PAYMENT PROCESSING:

Payment terms are subject to credit approval and account verification
Currency exchange rates may affect final payment amounts for international transactions
Payment processing fees may apply depending on payment method selected
Late payment charges and collection costs may be imposed for overdue accounts

6. REGULATORY AND COMPLIANCE DISCLAIMERS

6.1 Building Codes and Regulations

REGULATORY COMPLIANCE:

Customers are responsible for ensuring compliance with all applicable building codes and regulations
Local building officials have final authority over code compliance and permit approval
Building codes and regulations may change and affect product specifications or installation requirements
Professional engineering approval may be required for structural applications

ENVIRONMENTAL REGULATIONS:

Environmental regulations may affect product selection, installation, and disposal
Customers are responsible for compliance with environmental protection requirements
Waste disposal and recycling must be performed in accordance with local regulations
Environmental impact assessments may be required for certain projects

6.2 Import and Trade Compliance

CUSTOMS AND IMPORT REGULATIONS:

Import regulations and customs procedures may affect product delivery and costs
Changes in trade policies or tariffs may affect product availability and pricing
Documentation and certification requirements may vary by product and destination
Customers may be responsible for certain import duties, taxes, and regulatory compliance

7. LIMITATION OF LIABILITY

7.1 Exclusion of Warranties

EXPRESS DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WARRANTIES OF NON-INFRINGEMENT AND TITLE
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
WARRANTIES OF ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION

PRODUCT WARRANTIES:

Product warranties are provided by manufacturers, not by NEXT Trade Imports
We disclaim all warranties related to product performance, durability, and suitability
Manufacturer warranty terms and conditions apply to all product warranty claims
We do not extend, modify, or enhance manufacturer warranties

7.2 Limitation of Damages

EXCLUDED DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
BUSINESS INTERRUPTION OR DELAY DAMAGES
PERSONAL INJURY OR PROPERTY DAMAGE (except as required by law)
DAMAGES RESULTING FROM THIRD-PARTY ACTIONS OR OMISSIONS

MAXIMUM LIABILITY: Our total liability for any claim, regardless of the legal theory, shall not exceed the lesser of:

The amount paid by you for the specific product or service giving rise to the claim
PHP 100,000 (One Hundred Thousand Philippine Pesos)

7.3 Time Limitations

CLAIM PERIODS:

Claims for product defects must be made within the manufacturer’s warranty period
Claims for service issues must be made within six (6) months of service completion
Claims for website or information accuracy must be made within thirty (30) days of discovery
All claims must be made in writing with supporting documentation

8. FORCE MAJEURE AND EXTERNAL FACTORS

8.1 Force Majeure Events

We shall not be liable for delays, failures, or damages resulting from events beyond our reasonable control, including:

Natural disasters (typhoons, earthquakes, floods, volcanic eruptions)
Pandemic or health emergencies and government responses
Labor strikes, civil unrest, or political instability
Government actions, regulatory changes, or trade restrictions
Supplier failures, shipping delays, or logistics disruptions
Cyber attacks, infrastructure failures, or technical system outages

8.2 Climate and Environmental Factors

Product performance may be affected by environmental conditions including:

Extreme weather events and seasonal variations
Saltwater exposure and marine environments
Air pollution and industrial contaminants
Seismic activity and ground movement
Temperature extremes and thermal cycling

9. THIRD-PARTY RELATIONSHIPS

9.1 Manufacturer and Supplier Relationships

We act as distributors and do not control manufacturer policies or actions
Manufacturer decisions regarding product changes, discontinuation, or warranty claims are beyond our control
Supplier reliability and performance may affect our ability to fulfill orders
We maintain relationships with multiple suppliers but cannot guarantee continuous availability from any specific source

9.2 Installation and Service Partners

Third-party contractors and service providers are independent entities
We do not guarantee the performance, reliability, or insurance coverage of third-party partners
Direct contractual relationships may exist between customers and service providers
Disputes with third-party providers should be addressed directly with those entities

10. CUSTOMER RESPONSIBILITIES

10.1 Due Diligence Requirements

Customers are responsible for:

Conducting proper due diligence on product suitability for their specific applications
Obtaining professional engineering and architectural consultation as needed
Verifying compliance with all applicable codes, regulations, and standards
Ensuring proper installation, maintenance, and operation of products

10.2 Safety and Risk Management

Implementing appropriate safety measures during installation and operation
Providing adequate training for personnel handling or operating products
Maintaining proper insurance coverage for projects and operations
Following all manufacturer guidelines and safety recommendations

11. INTELLECTUAL PROPERTY DISCLAIMER

11.1 Third-Party Intellectual Property

Products may be subject to third-party patents, trademarks, or copyrights
Customers are responsible for ensuring they have appropriate licenses for product use
We do not warrant that product use will not infringe third-party intellectual property rights
Intellectual property disputes should be addressed with the relevant rights holders

11.2 Technical Information

Technical information provided is for general guidance and may not be complete
Proprietary information belongs to respective manufacturers and suppliers
Distribution of technical information is subject to confidentiality and licensing restrictions
Professional interpretation of technical data may be required for specific applications

12. MODIFICATION AND UPDATES

12.1 Right to Modify

We reserve the right to modify this disclaimer at any time to reflect:

Changes in our business operations or service offerings
Updates to applicable laws and regulations
New risks or circumstances affecting our business
Industry best practices and standards

12.2 Notification of Changes

Material changes to this disclaimer will be communicated through:

Website posting with effective date
Email notification to registered customers
Notice in regular business communications
Publication in relevant industry forums when appropriate

13. GOVERNING LAW AND JURISDICTION

13.1 Philippine Law

This disclaimer is governed by the laws of the Republic of the Philippines. Any disputes arising from or related to this disclaimer shall be resolved in accordance with Philippine law.

13.2 Jurisdiction and Venue

Any legal proceedings arising from this disclaimer shall be brought exclusively in the courts of Pasig City, Metro Manila, Philippines.

14. SEVERABILITY AND ENFORCEABILITY

If any provision of this disclaimer is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions shall be interpreted or modified to the minimum extent necessary to make them valid and enforceable under applicable law.

15. CONTACT INFORMATION

For questions or concerns regarding this disclaimer:

NEXT Trade Imports Trading Inc.
Attention: Legal Department
Managing Director: Robert Martin Antepuesto

Office Address:
Unit 9G Strata 100
F. Ortigas Jr. Road (Emerald Avenue)
Ortigas Center, San Antonio, Pasig
Metro Manila 1605, Philippines

Phone: +(63) 956-281-9418
Email: [email protected]
Website: www.nexttradeimports.com

16. ACKNOWLEDGMENT AND ACCEPTANCE

BY USING OUR WEBSITE, PURCHASING OUR PRODUCTS, OR ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT:

You have read and understood this disclaimer
You accept the limitations and exclusions set forth herein
You agree to the allocation of risk and responsibility described
You understand the nature and limitations of our business as importers and distributors

Document Version: 1.0
Document Classification: Public
Next Review Date: January 1, 2026

This disclaimer is an integral part of our Terms of Use and Privacy Policy. It applies to all aspects of our business relationship and supersedes any conflicting terms in other communications unless specifically agreed to in writing by our authorized representatives.