TERMS AND CONDITIONS OF PURCHASE FROM NUOVA DISTRIBUTION U.S.A. LLC.
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCEPTING DELIVERY OF THE PRODUCT(S). ACCEPTANCE OF DELIVERY INDICATES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
NUOVA DISTIRBUTION U.S.A. LLC (“NUOVA”) WARRANTS THAT THE PRODUCT(S) MEETS ANY SPECIFIC WARRANTIES EXTENDED BY NUOVA SIMONELLI, SPA AND NUOVA. FOR WARRANTY TERMS AND CONDITIONS, PLEASE REFER TO EACH PRODUCT’S WARRANTY DOCUMENT.
EXCEPT AS SPECIFICALLY STATED ABOVE, NUOVA DISCLAIMS AND EXCLUDES TO THE GREATEST EXTENT ALLOWED BY LAW ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT(S) THAT IT SELLS AND/OR DISTRIBUTES. SUCH DISCLAIMER APPLIES TO ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY WARRANTY THAT THE PRODUCT(S) IS FIT FOR ANY PARTICULAR USE.
THE REMEDIES HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO PURCHASER AND ANY THIRD PARTY FOR ANY FAILURE OF A PRODUCT(S), AND/OR CLAIM ARISING OUT OF SALE OR USE OF A PRODUCT(S).
NEITHER NUOVA NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PRODUCT(S) SHALL BE LIABLE, EXCEPT AS SPECIFICALLY ALLOWED ABOVE, TO PURCHASER OR ANY THIRD PARTY, FOR ANY DAMAGES OF ANY TYPE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT(S), WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF NUOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY.
IN ADDITION, TO THE EXTENT THAT NUOVA IS LIABLE FOR DAMAGES, PURCHASER HEREBY WAIVES, RELEASES AND RELINQUISHES ANY CLAIM AGAINST NUOVA FOR DAMAGES THAT EXCEED THE PRICE OF THE PRODUCT(S). ALL OTHER CLAIMS TO RECOVER DAMAGES IN EXCESS OF THIS AMOUNT, INCLUDING FOR ATTORNEYS’ FEES AND COSTS, ARE HEREBY WAIVED BY PURCHASER.
ALL DEPOSITS RECEIVED ON THIS ORDER ARE NON-REFUNDABLE. THIS ORDER IS NON-CANCELABLE BY BUYER. ANY DEVIATION FROM THIS POLICY MUST HAVE APPROVAL OF NUOVA MANAGEMENT, AND ANY CANCELLATION ACCEPTED SHALL BE DEEMED TO HAVE DAMAGED NUOVA TO EXTENT OF, BUT NOT LIMITED TO, THE AMOUNT HELD AS NON-REFUNDABLE DEPOSIT, AND THUS, DEPOSIT SHALL BE FORFEITED. BUYER WILL BE HELD RESPONSIBLE FOR ALL CHARGES INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CHARGES AND ATTORNEY'S FEES WHICH MAY ARISE AS A RESULT OF ANY CANCELLATION.
WHERE THERE IS ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS INVOICE AND A PURCHASE ORDER, INSTRUCTIONS, SPECIFICATIONS OR OTHER REPRESENTATIONS BY THE PURCHASER, THE TERMS AND CONDITIONS OF THIS INVOICE SHALL CONTROL.
WHEN A CHECK IS PROVIDED AS PAYMENT, THE PURCHASER AUTHORIZES NUOVA TO USE THE INFORMATION FROM THE CHECK TO MAKE A ONE-TIME ELECTRONIC FUND TRANSFER FROM THE PURCHASER’S ACCOUNT OR TO PROCESS THE PAYMENT AS A CHECK TRANSACTION. FUNDS MAY BE WITHDRAWN FROM YOUR ACCOUNT AS SOON AS THE SAME DAY THE CHECK IS RECEIVED AND YOU WILL NOT RECEIVE THE CHECK BACK FROM YOUR FINANCIAL INSTITUTION. IF YOUR PAYMENT IS RETURNED DUE TO INSUFFICIENT FUNDS, YOU AUTHORIZE NUOVA TO MAKE A ONE-TIME ELECTRONIC FUND TRANSFER FROM YOUR ACCOUNT TO COLLECT A FEE AS ALLOWED BY STATE LAW ($40 IN THE STATE OF WASHINGTON).
TO THE EXTENT ALLOWED BY LAW, FOR ANY SALE OF PRODUCT(S) THAT IS ON PAYMENT, NUOVA SHALL HAVE A PURCHASE MONEY SECURITY INTEREST IN SUCH PRODUCT(S), AND IN ANY PROCEEDS FROM THE SALE OF SUCH PRODUCT(S). PURCHASER AGREES THAT IT WILL EXECUTE ANY AND ALL DOCUMENTS REQUESTED BY NUOVA TO PERFECT SUCH SECURITY INTEREST.
THE TERMS AND CONDITIONS SET OUT HEREIN APPLY WITH EQUAL FORCE TO NUOVA SIMONELLI, SPA.
RETURN POLICY AND 100% ORDER ACCURACY GUARANTEE
NUOVA IS PROUD TO OFFER A 100% ACCURACY GUARANTEE. IF NUOVA MAKES A MISTAKE ON YOUR ORDER, NUOVA WILL PAY 100% OF THE COST TO CORRECT THE MISTAKE, INCLUDING SHIPPING. PLEASE ENSURE THE ACCURACY OF ALL PURCHASE ORDERS AS ALL ACCURATELY FILLED SALES ARE FINAL.
IN ORDER TO QUALIFY FOR THE 100% ACCURACY GUARANTEE, ORDERS MUST BE TRANSMITTED IN WRITING WITH CORRECT MODEL AND/OR PART NUMBER. ORDERS TRANSMITTED VERBALLY ARE ABSOLUTELY FINAL AND DO NOT QUALIFY FOR THE 100% ACCURACY GUARANTEE. NUOVA’S EXPERT TECHNICIANS WILL WORK DILIGENTLY WITH YOU TO HELP DETERMINE WHICH PARTS YOU MAY NEED TO ORDER BUT NUOVA DOES NOT TAKE RESPONSIBILITY FOR REMOTE DIAGNOSTICS OR ORDERS TRANSMITTED VERBALLY. ALL RECOMMENDATIONS ON PARTS AND PROCEDURES ARE MADE WITHOUT ANY GUARANTEES.
NUOVA HAS THE OPTION TO WAIVE THE FINALITY OF ORDERS FOR RESELLERS ONLY AND WILL ASSESS A TWENTY-FIVE PERCENT (25%) RESTOCKING FEE ON ALL RETURNED MERCHANDISE AND/OR CANCELLED SERVICE PLANS PROVIDED THE DEALER ACQUIRES A RETURN MERCHANDISE AUTHORIZATION NUMBER FROM NUOVA, AND RETURNS/CANCELS THE MERCHANDISE PREPAID IN NEW CONDITION WITHIN THIRTY (30) DAYS OF THE ORIGINAL INVOICE. CUSTOMIZED OR SPECIAL ORDER ITEMS MAY NOT BE RETURNED.
WARRANTY CLAIM PROCEDURE
CONTACT NUOVA REGARDING ANY CLAIM TO BE MADE UNDER WARRANTY BY PHONE OR EMAIL. COMPLETE THE DEFECTIVE PART WARRANTY CLAIM FORM FOUND ON NUOVA’S WEBSITE. SHIP THE COMPLETED CLAIM SHEET WITH THE DEFECTIVE MERCHANDISE PREPAID TO NUOVA DISTRIBUTION, ATTN: RETURNS DEPT, 6940 SALASHAN PARKWAY, BUILDING A, FERNDALE, WA 98248. IF NUOVA DETERMINES THE PRODUCT IS COVERED UNDER WARRANTY, THE PURCHASE PRICE OF THE PART WILL BE CREDITED TO THE RESELLER’S ACCOUNT WITH NUOVA. FOR WARRANTY TERMS AND CONDITIONS, PLEASE REFER TO EACH PRODUCT’S WARRANTY DOCUMENT.