WARRANTY (TERMS & CONDITIONS)
NOWASKEY EXTREME PERFORMANCE TERMS AND CONDITIONS OF SALE
All quotations and sales by Nowaskey Extreme Performance, LLC (“NEP”) for the sale of products and services are subject to these terms and conditions on this warranty page. These terms and conditions (hereinafter, this “Agreement”) apply to any original retail buyer (“Buyer”) purchase orders (“Order(s)”) for products and/or services and support (“Product(s)”) provided by NEP. By accepting delivery of any Product and/or making any payment to NEP for any Product, the Buyer unconditionally and irrevocably accepts the terms and conditions of this Agreement. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of Products covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
ACCEPTANCE OF ORDER – ENTIRE AGREEMENT – MODIFICATION
This Order is for the purchase and sale of the Products described on the face of the Order strictly upon the terms and conditions set forth herein, which shall be attached to and become a part of any Order issued to NEP by Buyer. NEP hereby objects to any terms and conditions proposed by Buyer in the Order that are inconsistent with or in addition to this Agreement, and any such unilateral Buyer terms and conditions shall be treated as proposals for addition to the Order and shall be void and of no effect unless and until specifically agreed to in writing by NEP. These terms and conditions constitute the entire agreement and understanding between the Buyer and NEP relative to the Order and no change to or modification of this Agreement shall be binding upon NEP unless in writing and signed by a duly authorized representative of NEP.
Products – Limited Lifetime
All Nowaskey Extreme Performance products are guaranteed to the original retail purchaser only that the Products furnished hereunder shall be free from material defects in material and workmanship under normal use and service, when properly installed, maintained and used for the purposes for which it is designed. Warranty coverage is limited lifetime.
In the event warranty service is required, notice of any such alleged defect must be given to NEP within ten (10) days after the discovery thereof, and provided that inspection by NEP confirms the existence thereof to the sole satisfaction of NEP. Instructions for filing a warranty claim can be found at https://www.nowaskey.com/warranty/. Coverage terminates if the original retail purchaser sells or otherwise transfers or alters the Products. This limited lifetime warranty does not cover (i) normal wear of parts: (ii) road hazards, abuse, neglect, accidents, collisions, fire, theft, freezing, vandalism, riot, explosion, or objects striking the Product: (iii) misusing the Products such as driving over curbs, or overloading; (iv) altering, disassembling, tampering or modifying the Product; (v) acts of God, natural disasters, force majeure events, and other similar causes beyond the reasonable control of NEP; or (vi) damage due to external causes, including accident, abuse, misuse, neglect, improper storage, modification, or any services not performed by NEP or its authorized representatives. Further, this warranty is voided if the Products are used for any form of racing. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANTY OF MERCHANTIBILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. NEP DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. NEP SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF USE, DOWNTIME, LOSS OF PRODUCTION OR LOSS OF DAMAGE TO RAW MATERIALS OR FINAL PRODUCTS) OR FOR ANY CLAIM BROUGHT AGAINST THE PURCHASER BY ANY OTHER PARTY. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to a particular original retail purchaser. NEP’s exclusive liability and original retail purchaser’s exclusive remedy under this limited warranty is limited to replacement at NEP’s factory or warehouse. This limited lifetime warranty is void unless the original retail purchaser completes the online warranty registration at https://www.nowaskey.com/warrantyregistration/ within thirty (30) days from the date of purchase. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. TO THE EXTENT PERMITTED BY LAW, THE WARRANTIES AND REMEDIES IDENTIFIED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW. THIS WARRANTY IS NOT ASSIGNABLE TO ANY PERSON OTHER THAN THE ORIGINAL BUYER AND IS ONLY VALID TO THE PERSON TO WHOM THIS WARRANTY IS ORIGINALLY GRANTED AND WHOSE NAME APPEARS ON THE ORDER.
Please be sure to check your order immediately upon receipt for accuracy, completeness and defect. If your order is incomplete, incorrect, or if you find an item damaged, you must contact NEP within 72 hours of receipt and we will process a return and replacement at no additional cost to you. If you are not satisfied with your purchase, we will accept a return of unused Product for a refund or exchange within 30 days of the Invoice Date. A 15% restocking and handling fee applies to all returned items. The customer is responsible for the cost of return shipping. Exceptions to this policy:
- We will only accept returns of product in new, resalable condition.
- Items that have been installed, disassembled or modified in any way are not returnable.
- Items that have been custom laser engraved are not returnable.
- Custom built parts made to fit customer requirements or specifications are not returnable.
If any component of the returned Product is missing, NEP reserves the right to reject the entire return or impose additional charges for replacement of the missing component(s). The condition of all returned items will be determined at NEP’s discretion.
This return policy may be amended or changed by NEP at any time without notification.
Incorrect Merchandise or Defective Products
If you receive an item you did not order in error or a defective product**, please contact NEP within our 30 day return policy period, and we will process your return and replacement free of shipping charges. Contact NEP Customer Service or firstname.lastname@example.org to process your return and receive shipping information.
**NEP is not responsible for labor or other costs resulting from the installation of incorrect or defective parts. The customer is responsible to inspect and accept all parts upon receipt.
If you receive an item that has been damaged in shipping, please call or email NEP within 72 hours of receipt. We will ship a replacement free of charge and pursue a claim with UPS (or other carrier). Please retain the original packing. We may ask you to send us a photo of the damage for claims purposes. We may ask that FedEx contact you to inspect and/or collect the damaged shipment.
Undeliverable or Refused Shipments
If UPS (or other carrier) is unable to complete the delivery due to incomplete or incorrect addresses, or if the recipient refuses delivery, the shipment will be returned to NEP. Orders returned for the above reasons may take 4 weeks to be processed. A 15% restocking fee will apply to all such returns.
Return of any product without following the steps above will result in delayed processing by up to 4 weeks. An additional restocking fee up to 50% of purchase price may also be applied at NEP’s discretion. Please follow the return procedure below with your shipment:
RETURN AUTHORIZATION PROCEDURE
1. Submit a Request For Return
Please e-mail NEP at email@example.com within 30 days of the Invoice Date on your order with the following information:
– Name – Sales Order # (found on your invoice) – Reason For Return
Via return e-mail, NEP will send you a Return Merchandise Authorization (RMA) number which is required to process your return. All merchandise must be returned in new, resalable condition in the original packaging within 5 days of the issuance of the RMA number.
2. Ship Your Order Back To NEP
Ship the item back to Nowaskey Extreme Performance using the following address format:
Nowaskey Extreme Performance Attention: Return Desk – RMA # (as provided per Step 1 above) 1821 2nd Ave SE, Menomonie, WI 54751
Please include your name and contact information (phone and e-mail) inside the shipment. When shipping an item back to us, we recommend that you use FedEx, UPS, or any other carrier that offers signature confirmation and insurance. NEP is not responsible for lost or damaged packages. The customer agrees to bear all shipping costs and all risk of loss during return shipment. Only the signature of a NEP employee will suffice as proof of delivery.
3. Refund Issuance
Upon arrival at NEP’s facility, all returns will be inspected. If approved for a refund, the refund will be processed within 1 business day. If any issues are present, NEP will contact you at the phone number or e-mail you have provided.
CUSTOMER PICK UP ORDERS
In the event that a the Buyer requests to pick up an order at the NEP Offices and fails to do so within 5 days of the notification that the order is ready for pick up, the order will be cancelled. A refund of the invoice total, less a 15% restocking fee, will be issued to the Buyer.
All payments under Orders placed pursuant to this Agreement shall be made in immediately available U.S. dollars and shall be due upon receipt of invoice unless otherwise mutually agreed in writing. Each shipment shall be separately invoiced and paid when due without regard to other shipments. Once invoiced, no further rights to discounts, set-offs, or offset shall be made. If Buyer does not make payment in accordance with the terms of the payment specified, NEP may, at its option, (a) cancel the Order, or (b) suspend or refuse to provide Products and/or further Services under the Order unless Buyer immediately pays for all Products that have been delivered and pays in advance for all Products to be delivered. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with NEP. Any remedies hereunder shall be in addition to any remedies available by law. Buyer hereby grants to NEP a lien upon the Product for the sum of the cost of such Product. Such lien shall remain in effect until the purchase price, together with any and all additional costs, are paid in full by the Buyer.
Domestic Taxes – All prices are exclusive of federal, state, or local sales, use, excise, and similar taxes or tariffs of the U.S. Government or any political subdivision thereof applicable to the sale or to the Products sold. Any such taxes will be separately itemized on NEP invoices and paid by Buyer, whether or not such taxes are presently or hereafter applicable, assessed or arising out of this transaction, and, without limitation of the foregoing, whether in the nature of a gross receipts, property, excise, sales or use tax imposed upon the Buyer, NEP , or the Products. Unless the Buyer provides NEP with a valid and correct tax exemption certificate applicable to Buyer’s purchase of Product and the Product ship-to location, Buyer is responsible for sales and other taxes associated with the Order.
Foreign Taxes and Duties – The prices for the Products do not include any foreign taxes and/or import/export duties or tariffs applicable to the Products to be furnished hereunder. All such foreign taxes and import/export duties or tariffs shall be paid for by the Buyer.
COMPLIANCE WITH LAW, NO LICENSE
Buyer shall comply with all applicable laws, regulations and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement. Nothing herein shall grant to the Buyer or any other person or entities the right to commercially exploit in any manner the name, signature, likeness, or image of NEP or any logo, trademark, service mark, or other intellectual property, which Buyer acknowledges belongs exclusively to NEP. The Buyer hereby agrees that NEP may maintain and publish a list of purchasers of any Product.
All required shipping costs, insurance, export/import duties, taxes (foreign and domestic) and any other related costs and risks consistent with the designated shipping method shall be borne by the Buyer. Packaging of the Products is included in the price and shall be in accordance with the standard practices of NEP. The risk of loss to the Products shall pass to the Buyer upon delivery to the Buyer or to a shipper for delivery to the Buyer.
DELIVERY AND ACCEPTANCE
The delivery by NEP to the Buyer shall constitute acceptance of the Products by Buyer, unless notice of defect or nonconformity is received by NEP within ten (10) days of receipt thereof. Notwithstanding the foregoing,
any use of the Product by the Buyer, its agents, employees, contractors or licensees, for any purpose, after receipt thereof, shall constitute acceptance of that Product by the Buyer. NEP agrees to use commercially reasonable efforts to deliver Products in accordance with the mutually agreed upon delivery schedule identified in the Order. Buyer agrees to provide evidence of completion of payment arrangements satisfactory to NEP (e.g., notice from a U.S. bank acceptable to NEP of confirmation of the Buyer’s irrevocable Letter of Credit) at the time of issuance of the Order.
NEP shall be excused from and shall not be liable to the Buyer for any failure to perform or delay in performing this Order by reason of causes beyond its control and not occasioned by its fault or negligence “Force Majeure” (excusable delay), including but not being limited to acts of God or the public enemy; civil wars, insurrections or riots, fires, floods, explosions, earthquakes or other catastrophes or serious accidents; epidemics, plagues or quarantine restrictions; any action or inaction of government, governmental authorities acting in either an executive or sovereign capacity, and allocation regulations, foreign exchange control regulations, or import and export regulations affecting materials or facilities due to any of the foregoing causes. Force Majeure causes shall not affect the rights or obligations of the parties under this Agreement unless the cause for the delay by its nature affects an Order placed pursuant to this Agreement. Upon the occurrence of a Force Majeure event, NEP will notify the Buyer of the delay and the cause. NEP shall not be liable to Buyer or its customers for damages as a result of Force Majeure.
The Buyer agrees to provide NEP with an equitable adjustment commensurate with the impact of the Force Majeure. Specifically, NEP shall have the option to (a) obtain a schedule adjustment, (b) obtain a schedule and price adjustment as mutually agreed in writing by both Buyer and NEP, or (c) terminate the Order, depending upon the nature and duration of the delay.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THE FOREGOING WARRANTY AND TO THE EXTENT PERMITTED BY LAW, NEP IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF EARNINGS; PERSONAL DAMAGES; PERSONAL INJURY INCLUDING DEATH; PERSONAL EXPENSES (INCLUDING FOOD, ROOM, MEDICAL, AND DENTAL); RENTAL VEHICLE EXPENSES; STORAGE OR ANY OTHER LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF THE VEHICLE OR OTHER PROPERTY.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any dispute, claim, or other action relating to or arising from this Agreement shall be brought solely and exclusively in the federal or state courts sitting in Dunn County, Wisconsin. The warranty hereunder is valid only in the United States. The U.N. Convention for the International Sales of Goods will not apply.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
If you have any questions or concerns regarding any of these Terms and Conditions, please contact NEP, Monday through Friday from 9AM to 5pm CST at (715) 235-3659, email us at firstname.lastname@example.org, or use our Contact Page.
This document was last updated on August 5, 2021