Terms of Service
Acceptance - No order shall be binding upon WAVETHERM CORPORATION until accepted and acknowledged in writing by WAVETHERM CORPORATION Any contract for sale of goods, and these Conditions of Sale, shall be governed by and construed according to the Uniform Commercial Code as adopted in the State of North Carolina, USA.
Delivery - The estimated shipping date is based on production times required to process the order commencing with the date the order is received by WAVETHERM CORPORATION In the event it is necessary to revise the design, specifications, or Conditions of Sale, the shipping date shall be extended by the period of time required to achieve the mutually agreed upon corrections or adjustments of the design, specifications, or Conditions of Sale.
Delays in Delivery - Purchaser shall not hold WAVETHERM CORPORATION responsible for any delay or for any damages suffered by the Purchaser by reason of any delay due to fires, strikes, riots, Acts of God, priorities, government orders or restrictions, delays in transportation, delays by suppliers of materials or parts, inability to obtain necessary labor, or other causes beyond the control of WAVETHERM CORPORATION In the event of such delay, the shipping date shall be extended for a period equal to the time lost by reason of such delay.
Damage or Loss in Transit - Delivery of goods to a carrier at WAVETHERM CORPORATION’s plant or other shipping point shall constitute delivery. Regardless of freight payment, all risk of loss or damage in transit shall pass to Purchaser at that time. Purchaser shall make claims for loss or damage to goods while in transit against the carrier; WAVETHERM CORPORATION will assist Purchaser in securing satisfactory adjustment of such claims. Terms are F.O.B. WAVETHERM CORPORATION Distribution Center.
Warranties - For all products listed herein, WAVETHERM CORPORATION warrants goods manufactured by it to be free from defects in materials and workmanship for a period of (1) year from date of shipment from its plant. If within such period any goods shall be proven to WAVETHERM CORPORATION’s satisfaction to be defective, then and in that event such goods shall be repaired or replaced at WAVETHERM CORPORATION’s option. Such corrections or replacement of defective goods shall constitute a fulfillment of all liabilities in respect to such goods. Under no circumstances will credit be allowed for unauthorized rework on any materials.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WAVETHERM CORPORATION shall not be liable for damages to goods, property, or persons due to improper installation, or through attempts to utilize the goods under conditions that exceed the designed capabilities.
Payment Terms – Credit Card, PayPal, or Net 30 days from invoice date, past due thereafter. Standard payment terms are in U.S. Funds. Thereafter interest shall accrue on unpaid amounts at the rate of 1.5% per month.
Minimum Billing - Orders of less than $100.00 will be invoiced at $100.00 plus transportation charges.
Quotations and Prices - Orders will be billed at price in effect at time of order, unless otherwise specified in quotation. All orders require a valid customer credit card number, PayPal account,or PO number, and orders of $5,000 or more require written confirmation prior to acceptance. Quotations are valid for thirty (30) days, unless otherwise specified, and represent no obligation until the purchase order is acknowledged and accepted. The price and performance of this order is subject to resource availability and costs within the control of WAVETHERM CORPORATION at the time of manufacture. WAVETHERM CORPORATION reserves the right to cancel or adjust prices and delivery. Freight Terms - F.O.B. WAVETHERM CORPORATION Distribution Center. All shipments will be “prepay” or by third party billing.
Export Packing - Where the customer requires export packing, the Purchaser will be charged for extra costs incurred beyond WAVETHERM CORPORATION’s standard packing.
Catalog Weights and Dimensions - Catalog weights and dimensions are estimates, however, are not guaranteed.
Cancellation - WAVETHERM CORPORATION will consider requests for cancellation of orders if the factory receives such request in time to stop shipment, and in the case of orders for custom/modified goods, if received prior to modification to the goods. WAVETHERM CORPORATION may accept or reject such cancellation at its absolute discretion. In the case of standard goods, WAVETHERM CORPORATION will not cancel orders of extraordinary quantities of goods or in amounts in excess of its normal inventory capacity. In the case of custom/modified goods, in order to consider a request, WAVETHERM CORPORATION must receive adequate assurances that all costs (including internal costs) in modifying the goods and restoring the goods to be salable as standard goods, will be paid by the Purchaser along with a reasonable cancellation fee. Cancellation charges can total up to 100% of invoice value, subject to the type of product involved and status of work-in-process. Discounts provided to the Purchaser based on quantity commitments are subject to rescission and retroactive billing should actual quantities purchased be less than committed. Price adjustments will be based upon WAVETHERM CORPORATION quotation or WAVETHERM CORPORATION price list.
Patents - WAVETHERM CORPORATION will defend any suit or proceeding brought against the Purchaser insofar as it is based on a claim that goods, or any part thereof, sold hereunder, constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information and assistance, at our expense, for the defense of the same. This agreement shall not extend to any infringement based upon the manufacture, use of sale of any said goods or any part or parts thereof, in combination with materials or things not furnished hereunder. In the event the use of said equipment by Purchaser is enjoined in such a suit, WAVETHERM CORPORATION shall, at its own expense and election, either (a) procure for Purchaser the right to continue using said goods, (b) modify said goods to render them non-infringing, (c) replace said goods with non-infringing goods, or (d) refund the purchase price and the transportation costs of said goods. WAVETHERM CORPORATION will not be responsible for any compromise or settlement made without its written consent. The foregoing states the entire liability of WAVETHERM CORPORATION with respect to patent infringement by said goods. As to goods furnished by WAVETHERM CORPORATION to Purchaser and manufactured in accordance with designs proposed by Purchaser, Purchaser shall defend and indemnify WAVETHERM CORPORATION against any claim, action, or award made against WAVETHERM CORPORATION for patent, trademark, or copyright infringement relating to the designs or specifications furnished by Purchaser.