The Terms and Conditions may not be modified or cancelled without ZOMWAVE's written agreement. Accordingly, goods furnished and services rendered by ZOMWAVE are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of California and the applicable laws of the United States of America. If Customer chooses to access the ZOMWAVE website from outside the United States, Customer does so on their own initiative and is responsible for compliance with all applicable local laws.
2.Products and Prices
(a) Since we are continuously developing and upgrading our products and service, any technical, non-technical specification, including but not limited to web pages, reports tables, figures, images, videos or audios of any of products of ZOMWAVE may be altered or completely changed in formats and contents without a prior notification either online or offline.
(b) Prices listed on ZOMWAVE’s website or provided by any representatives of ZOMWAVE are subject to change without a prior notice.
All payments will be converted to U.S. Dollars. All pricing displayed under any international section of the ZOMWAVE website is based on the U.S. Dollar list price. Credit card purchases may be slightly different from the price displayed depending on the exchange rate and service charges applied by your credit card company.
You can make the payment to our bank by PayPal. Orders will not be accepted until funds have been received in full and Purchase Order (PO) has been received by our sales representatives.
Prepaid Wire Transfer:
You can wire the funds to our bank. We will contact you with the total amount which will include shipping charges and any transfer fee. Orders will not be accepted until funds have been received in full and Purchase Order (PO) has been received by our sales representatives.
4. Delivery and Title
Shipping or freight charges and insurance will be paid by the customer. All sales are made FCA Shipping Term (as defined by the INCOTERMS 2000) from ZOMWAVE Chinese facility. Subject to ZOMWAVE's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. ZOMWAVE will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by ZOMWAVE are estimates only and that ZOMWAVE will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by ZOMWAVE unless specifically designated by Customer. ZOMWAVE reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
5. Limitation of Liability
Any material downloaded or otherwise obtained through ZOMWAVE’s website is done at each User's sole discretion and risk and each User is solely responsible for any damage to customer’s computer system or loss of data that may result from the download of any such material.
6. Packing, Marking, and Shipping
(a) Goods shall be packed, marked, and shipped using good commercial practices for protection and shipping. Every effort will be made to accommodate Buyer’s prescribed shipping requirements.
(b) Shipping costs will be borne by the Buyer and will be added as a line item to the invoice unless the Buyer’s instructions call for freight collect shipment and include an account number for billing purposes.
Unless otherwise stated, quoted prices do not include sales, use, excise, or similar taxes. Nor do they include import or export fees. Such taxes and fees will be borne by the Buyer.
Warranty repairs will be made at no cost to the customer. When it is determined that a repair is not covered by warranty, ZOMWAVE will provide a cost estimate for repair/replacement charges. The customer must issue a purchase order to cover repair charges and/or evaluation fees (if applicable) before work commences. For items determined to be beyond economical repair or cases where the customer decides against repairing/replacing the unit, the evaluation fee will still apply. This evaluation fee may be applied toward the procurement of a replacement part.
(a) Seller warrants to the Buyer that all Seller goods when sold are free from defects in materials and workmanship under normal use and service for a period of one year from the date of shipment, as evidenced by Seller’s packing list or transportation receipt. Seller’s obligation under this warranty shall be limited to the repair or replacement of goods, at Seller’s option, which Seller’s examination shall disclose to its satisfaction to be defective. In no event shall Seller’s liability for any breach of warranty exceed the net selling price of the defective goods.
(b) Seller has no obligation or responsibility for goods which have been damaged or altered in any way by other than seller’s employees.
This warranty is the only warranty made by seller and is expressly in lieu of all other warranties, expressed or implied. warranties of merchantability and fitness for any particular purpose are specifically excluded.
10. Statements and Advice
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and ZOMWAVE shall have no responsibility or liability for the content or use of such statements or advice.
11. Applicable Law
The terms of quotations and any resultant orders shall be governed by and interpreted in accordance with the laws of the People's Republic of China.