By placing an order, buyer agrees to these Terms and Conditions of Sale. All Internet orders are subject to review and acceptance by Naviq which reserves the right to reject such orders which, in its sole opinion, may contradict these terms and conditions or may infringe upon the laws of the European Union. Buyer agrees to pay an amount equal to any and all applicable state, and local taxes.
All sales are F.O.B. point of shipment. Title and risk of loss pass to Buyer upon delivery of items to carrier at shipping point, which delivery shall constitute delivery to Buyer for all purposes. Unless specific instructions from Buyer specify which method of shipment is to be used, Naviq will exercise its own discretion. Quoted shipping dates are approximate.
All orders are prepaid by means of Credit Card, check or wire transfer at Naviq discretion. By placing the order Buyer agrees to such payment terms as indicated by Naviq.
Buyer may return qualifying items to Naviq within 30 days of receipt for a refund minus restocking charges. A qualifying item is a standard product (custom or customized products are excluded) purchased in single quantity, for which Naviq has issued to the Buyer an RMA (Return Material Authorization) and returnable freight prepaid in complete, undamaged, unaltered and working condition. A prepaid charge of 35 Euros applies to all returns to cover the cost of performing quality test and restocking. Buyer may exercise this return right only once for the same product.
IT IS EXPRESSLY AGREED THAT NO WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTY (EXPRESS, IMPLIED OR STATUTORY) IS MADE BY Naviq, EXCEPT THAT Naviq WARRANTS GOODS TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP IN NORMAL USE AND SERVICE. The liability of Naviq under this warranty is limited solely to the repair, replacement or issuance of credit (at the sole discretion of Naviq) for such products that become defective within three (3) months after delivery to buyer (the "Warranty Period"), provided that (1) the defective items are returned to Naviq upon Naviq issuance of an RMA, transportation charges prepaid by Buyer and (2) Naviq's examination of such item discloses to Naviq's satisfaction that such defects have not been caused by improper handling, storage, testing or installation, abuse, misuse, neglect, repair, alteration or accident.
In addition to the Limited Product Warranty, Naviq further extends the warranty to cover parts for three additional years from the date of purchase. During this period, Naviq will repair controllers and charge only for the labor. In order to provide a defined cost to the customer, the labor charge is fixed at 50% of the list price plus round trip shipping charges. This does not extend the warranty period or create a new warranty period. In the event that Naviq deems the repair labor too onerous, Naviq reserves the right, at its discretion, to replace the returned unit with a new unit at the above mentioned 50% cost. In no event shall Naviq be liable for loss of profits, loss of use, incidental damages, consequential damages or any loss, costs or damages of any kind based upon a claim for defective products or breach of warranty.
Naviq's products are not authorized for use as components of life support devices, lethal weapon systems or any outlawed application. It is Buyer responsibility to exert due diligence while using Naviq's products and Buyer acknowledges (1) having the required experience and skills, and (2) taking the necessary precautions, for a safe utilization of Naviq's products. Naviq disclaims any warranty or responsibility for such usage, which shall be at buyer's sole risk, even if Naviq has been previously notified of such usage.
LIABILITY OF NAVIQ TO BUYER FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BE LIMITED TO THE GREATER OF $5,000 OR THE PRICE SPECIFIED IN THE SALE CONTRACT FOR THE SPECIFIC PRODUCT(S) THAT DIRECTLY OR INDIRECTLY CAUSED THE DAMAGES. IN NO EVENT SHALL Naviq BE LIABLE TO BUYER OR OTHERS FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF USE OR OTHER SPECIAL, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION THEREFORE, WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, EVEN IF Naviq HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER ASSUMES ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH, THE USE OR MISUSE OF THE PRODUCTS BY BUYER, ITS EMPLOYEES, OR OTHERS.
This sales agreement will be governed by and construed in accordance with the laws of the European Union. In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof.