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Terms of Sale

All sales made by NewWave Technologies, Inc. (NewWave) to its customers (Purchaser) are subject to these terms and conditions. Purchaser’s acceptance of these terms and conditions shall be indicated by any of the following whichever occurs first: (A) Purchaser’s written acknowledgment hereof (B) Purchaser’s acceptance of any shipment of any part of the items ("Products") specified for delivery, or (C) any other act or expression of acceptance by Purchaser.

1. DELIVERY
Delivery will be made F.O.B. origin as determined by NewWave (Seller). Title to the products sold hereunder and all risk of loss or damage shall pass to the Purchaser upon delivery by NewWave to the carrier, to purchaser’s or purchaser’s representative at NewWave’s facility or NewWave’s agents and/or suppliers facility. NewWave reserves for itself, and Purchaser grants to NewWave, a security interest in all products purchased from NewWave to secure the full payment and performance by Purchaser of its liabilities and obligations hereunder.

Purchaser shall notify NewWave within seven (7) business days after delivery, of any claimed shortages or rejection as to any delivery. This notice shall be in writing and shall be reasonably detailed, stating the reason for any rejection. Failure to provide such notice within such time shall be deemed an acceptance in full of any such delivery.

Purchaser who requires product delivered by their requested carrier or wish to have their products shipped on their shipper account number should request freight insurance upon issuance of purchase order to NewWave. All risk of loss or damage shall be the responsibility of the purchaser.

2. CREDIT & PAYMENT

Purchaser shall provide to NewWave all financial information reasonably requested by NewWave for the purpose of establishing credit. Furthermore, Purchaser shall provide NewWave financial information upon request for continuing Purchasers credit line with NewWave. NewWave reserves the right, with or without notice to change or revoke Purchaser’s credit limit based upon Purchaser’s payment record and/or changes in Purchaser’s financial condition.

Purchaser agrees to make payment in full to NewWave for all amounts due according to NewWave invoice. Purchaser also agrees to pay NewWave interest, an amount equal to 1-1/2% per month, or the maximum provided by law (whichever is less) for invoice amounts that are past due. Should Purchaser default in any such payment(s), NewWave shall have the right, without notice to Purchaser, to declare all invoice amounts due and payable. In the event NewWave should commence any action or actions, or otherwise seek to enforce this agreement against Purchaser or guarantor, Purchaser agrees to pay reasonable attorney(s) fees, court costs, and other expenses, incurred by NewWave whether or not suit is filed. Unless otherwise stated on the front of the invoice, payment shall be due within thirty (30) days from the date of the invoice. Seller reserves the right at any time however, to require payment in advance or C.O.D., or otherwise to modify, suspend or terminate any credit terms previously extended to Purchaser. Credit cards will only be accepted at time of order. No cash payments will be accepted.

3. PRODUCT RETURNS
Purchaser must obtain a valid Return Material Authorization (RMA) number from NewWave for all returns. Click here for current policy.

4. TAXES
Purchaser shall bear applicable federal, state, municipal and other government taxes such as sales and use tax. Unless otherwise specified, prices do not include such taxes. Sales tax exemption certificates, valid in the place of delivery, must be presented to NewWave prior to shipment to be honored.

5. WARRANTY
Product warranties are provided by the Manufacture of the Products. NewWave makes no warranties whatsoever. NewWave’s sole obligation (and Purchaser’s sole remedy) in the event of breach of any warranty shall be the repair or replacement of defective products. It is the purchaser’s responsibility to notify NewWave in a timely manner of any potentially faulty product. NEWWAVE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH HEREIN. IN NO EVENT SHALL NEWWAVE BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. NEWWAVE DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE.

6. LIMITATIONS OF LIABILITY
NewWave shall not be liable for any loss, damage or penalty resulting from failure to perform or delay due to causes beyond the reasonable control of NewWave, including but not limited to supplier delay, natural disasters, act of war, fire, labor disputes, transport failures, unavailability or shortage of parts, and failure or destruction of plant or equipment. NEWWAVE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR PRODUCTS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, OR FOR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES.

7. GENERAL
These terms and conditions, which include NewWave’s product return policy, shall constitute the final and complete agreement between Purchaser and NewWave.

No additional or different terms or conditions, whether material or immaterial, shall become part of any sales agreement unless expressly accepted in writing by an authorized officer of NewWave.
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