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TERMS AND CONDITIONS

 

NAWON USA, Inc. Web Site Terms of Use and Conditions of Order  

NAWON USA, Inc. operates this Web site (i.e., the Web site located at www.Litepanels-parts.com) and a portfolio of other Web sites that provide online access to information about products available from NAWON USA, Inc. (the "Products") and facilitate transactions for the purchase of Products (the "Service"); this Web site and such portfolio of other Web sites are, collectively, referred to as the "Site".

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). By ordering Products, you agree to the Terms of Use, as well as the Conditions of Order, set forth below. These Terms of Use, together with the Conditions of Order, are referred to as this "Agreement."

1.  Access to the Site.  Registration required to place an order .NAWON USA Inc. Websites offer expanded services via the Web through a name/password protected system.

Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact NAWON USA, Inc. immediately at mitch@nawonusa.net if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while NAWON USA, Inc. strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

2.  Intellectual Property.  The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to NAWON USA, Inc. or its partners, affiliates, contributors or third parties.

NAWON USA, Inc. grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that: (1) you only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) if you are a competitor of NAWON USA, Inc., commercial aggregator of data, or other commercial user, do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. NAWON USA, Inc. reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.

You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of the Site on any other Web site or web page. Competitors and third party aggregators may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.

3.  Disclaimer of Warranties.  NAWON USA, Inc. agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties NAWON USA, Inc. receives from manufacturers with respect to the Products sold by NAWON USA, Inc. to you. COPIES OF SUCH MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING NAWON USA, INC. NAWON USA, INC., AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, OR WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT, AND THE NAWON USA, INC. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH REGARD TO THE PRODUCTS, THE SITE, THE SERVICE, AND THE CONTENT. THE NAWON USA, INC. PARTIES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE NAWON USA, INC. PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE PRODUCTS ARE SOLD ON AN "AS-AVAILABLE" BASIS. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS.

Your obligations and NAWON USA, Inc.'s remedies with respect to defective or nonconforming products, are solely and exclusively as stated in this Agreement.

4.  Additional Disclaimers.  Without limiting the disclaimers set forth in Section 3 above:

a.  No Use as Critical Components.  Products sold by NAWON USA, Inc. are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY AND DEFEND THE NAWON USA, INC. PARTIES AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.

b.  Technical Assistance.  NAWON USA, Inc. offers its Technical Assistance solely as a convenience to NAWON USA, Inc. customers. NAWON USA, Inc. Technical Assistance personnel strive to provide useful information regarding the Products. NAWON USA, Inc. does not guarantee that any information or recommendation provided is accurate, complete, or correct, and NAWON USA, Inc. shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by NAWON USA, Inc. Technical Assistance Personnel, and any reliance on such information or recommendation is at your sole risk and discretion.

c.  Correction of Errors and Inaccuracies.  The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. NAWON USA, Inc. therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. NAWON USA, Inc. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

d.  Geographic Limitations on Use.  Like most Internet Web sites, this Site is accessible worldwide. However, not all NAWON USA, Inc. products or services are available to all persons or in all geographic locations. NAWON USA, Inc. reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

e.  Color Display.  NAWON USA, Inc. attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer, NAWON USA, Inc. cannot guarantee that the color you see matches the product color.

5.  Limitation of Liability.  IN NO EVENT SHALL ANY OF THE NAWON USA, INC. PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY NAWON USA, INC., OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF ANY OF THE NAWON USA, INC. PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ANY OF THE NAWON USA, INC. PARTIES FOR PRODUCTS EXCEED THE PURCHASE PRICE FOR THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Any cause of action against any of the NAWON USA, Inc. Parties with respect to Products or services must be instituted within one (1) year from the date of purchase or provision of the applicable Products or services.

6.  Indemnification.  You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by NAWON USA, Inc. Technical Assistance Personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless the NAWON USA, Inc. Parties and business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by NAWON USA, Inc. Technical Assistance Personnel, or any violation by you of this Agreement.

7.  User Conduct.  You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. Except as otherwise authorized by NAWON USA, Inc., you agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

8.  Force Majeure.  NAWON USA, Inc. will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. NAWON USA, Inc.'s time for delivery or performance will be extended by the period of such delay or NAWON USA, Inc. may, at its option, cancel any order or remaining part thereof, without liability by giving notice to you.

9.  General Provisions.  This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by NAWON USA, Inc. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, NAWON USA, Inc.'s Privacy Statement, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of law’s provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods, and any subsequent revisions thereto, do not apply to this Agreement. Any Dispute will be heard in a state or federal court situated in Los Angeles, California, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of NAWON USA, Inc. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

10.  Changes to the Agreement.  NAWON USA, Inc. may change this Agreement with your affirmative consent. The means of obtaining your affirmative consent to such a change includes, without limitation, by means of a "click-through" amendment to this Agreement that is presented to you and that you accept upon your logging on to use certain services on the Site that require Identification. NAWON USA, Inc. may also change this Agreement without your affirmative consent if NAWON USA, Inc. provides you with at least seven (7) days' prior written notice. The means of providing this notice includes, without limitation, NAWON USA, Inc. providing on the Site's homepage a prominent and conspicuous hyperlink to a webpage that expressly sets forth such changes. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails notifying you of changes to this Agreement and/or other NAWON USA, Inc. policies (e.g., the Privacy Statement); you may elect not to receive these e-mails, and thereby waive any requirement of NAWON USA, Inc. to provide you with notice of any such changes, by opting out of this default. Notwithstanding any provision of this Agreement to the contrary, NAWON USA, Inc. may make changes to this Agreement without notice to comply with applicable laws and such changes shall be binding on you and NAWON USA, Inc. Except as otherwise set forth in this Section, any amendment to this Agreement must be in writing and signed by you and an authorized representative of NAWON USA, Inc..

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE

NAWON USA, Inc. reserves the right to change the terms, conditions, and notices under which the NAWON USA, Inc. NAWON USA, Inc. Web Site is offered, including but not limited to the charges, if any, associated with the use of the NAWON USA, Inc. NAWON USA, Inc. Web Site. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NAWON USA, Inc. NAWON USA, Inc. Web Site, you warrant to NAWON USA, Inc. that you will not use the NAWON USA, Inc. NAWON USA, Inc. Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NAWON USA, Inc. NAWON USA, Inc. Web Site in any manner which could damage, disable, overburden, or impair the NAWON USA, Inc. NAWON USA, Inc. Web Site or interfere with any other party's use and enjoyment of the NAWON USA, Inc. NAWON USA, Inc. Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NAWON USA, Inc. NAWON USA, Inc. Web Site.

MATERIALS PROVIDED TO NAWON USA, INC. OR POSTED AT ANY NAWON USA, INC. WEB SITE

NAWON USA, Inc. does not claim ownership of the materials you provide to NAWON USA, Inc. (including feedback and suggestions) or post, upload, input or submit to any NAWON USA, Inc. Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NAWON USA, Inc., permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, and the right to sublicense such rights to any supplier of the NAWON USA, Inc. Web Site. No compensation will be paid with respect to the use of your Submission, as provided herein. NAWON USA, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NAWON USA, Inc.'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NAWON USA, INC. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NAWON USA, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NAWON USA, INC. WEB SITE AT ANY TIME. NAWON USA, INC. CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NAWON USA, INC. WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NAWON USA, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT NAWON USA, INC. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE NAWON USA, INC. WEB SITE. YOU SPECIFICALLY AGREE THAT NAWON USA, INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NAWON USA, INC. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE NAWON USA, INC. WEB SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL NAWON USA, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NAWON USA, INC. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE NAWON USA, INC. WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NAWON USA, INC. WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NAWON USA, INC. WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NAWON USA, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NAWON USA, INC. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NAWON USA, INC. WEB SITE.

TERMINATION/ACCESS RESTRICTION

NAWON USA, Inc. reserves the right, in its sole discretion, to terminate your access to any or all NAWON USA, Inc. NAWON USA, Inc. Web Site and the related services or any portion thereof at any time, without notice.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

Error and Omissions : NAWON USA, Inc. offers no warranty and will not assume liability for typos or out dated information including pricing on any printed or web materials.  Since our vendors are subject to change pricing without prior notice we must also reserve this rights. 

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against NAWON USA, Inc. or its officers must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes. 

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ('ADR') provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

Improperly Filed Claims - All claims you bring against NAWON USA, Inc. or its officers must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section,NAWON USA, Inc. may recover attorneys' fees and costs up to $1000, provided that NAWON USA, Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.” 

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NAWON USA, Inc. as a result of this agreement or use of the NAWON USA, Inc. NAWON USA, Inc. Web Site. You agree to indemnify and hold NAWON USA, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the NAWON USA, Inc. Web Site. NAWON USA, Inc. reserves the right to disclose any personal information about you or your use of the NAWON USA, Inc. Web Site, including its contents, without your prior permission if NAWON USA, Inc. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of NAWON USA, Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. NAWON USA, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NAWON USA, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NAWON USA, Inc. Web Site or information provided to or gathered by NAWON USA, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NAWON USA, Inc. with respect to the NAWON USA, Inc. Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NAWON USA, Inc. with respect to the NAWON USA, Inc. NAWON USA, Inc. Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Conditions of Order

All orders placed with NAWON USA, Inc. are subject to the terms of this Agreement, including the following Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail.

1.  Order Validation and Acceptance.  When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with NAWON USA, Inc. is an offer to purchase our Products. NAWON USA, Inc. may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by NAWON USA, Inc. until the Product has been shipped. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.

2.  Quantity Limitations.  NAWON USA, Inc. may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. NAWON USA, Inc. may reject any order, or any part of an order.

3.  Electronic Communication.  When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that NAWON USA, Inc. will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.

4.  Pricing and Product Information.   NAWON USA, Inc. purchases all Products directly from their respective original manufacturer or resellers authorized by the manufacturer.

NAWON USA, Inc. makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to NAWON USA, Inc.'s acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with NAWON USA, Inc., or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, NAWON USA, Inc. will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.

5.  Payment.  NAWON USA, Inc. offers the following payment methods:

For United States customers:  We offer MasterCard, VISA, American Express, Discover, as well as open account credit to qualified institutions and businesses. Payment must be made in US dollars.

For Other International customers:  We offer MasterCard, VISA, American Express, Discover in U.S. funds, as well as open account credit to qualified institutions and businesses. Account Application.  To obtain a account application for open account credit, contact mitch@nawonusa.net

6.  Shipping Charges.  Except as otherwise provided on the Site, (1) shipping or freight charges and insurance will be paid by the customer*, (2) all sales are made FOB NAWON USA, Inc.'s office in Van Nuys, California, USA, and (3) shipping or freight charges from NAWON USA, Inc.'s warehouse in Van Nuys, California, USA are prepaid and added to the invoice, billed collect or billed to a third party.  

Shipments of excessive weight or size may require additional charges. NAWON USA, Inc. will notify you prior to shipment if these conditions exist.

For International Shipments:  Availability of ship methods is dependent on the destination country. Except as otherwise provided on the Site, (1) the shipping costs will be prepaid and added to your order, and (2) all duties, tariffs, taxes and brokerage fees will be your responsibility.

7.  Taxes.  Except as otherwise provided on the Site, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. NAWON USA, Inc. charges sales tax in California unless you have a valid sales tax exemption certificate on file with NAWON USA, Inc. NAWON USA, Inc. will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and NAWON USA, Inc. is required to pay tax on your purchase, you will reimburse NAWON USA, Inc. for the amount of such tax, and NAWON USA, Inc.'s reasonable expenses incurred in connection with the payment and collection of such tax. Fax or e-mail your resale certificate and customer number to attention: Fax 818 782 5102 or email mitch@nawonusa.net

8.  Late Payments; Dishonored Checks.  You shall pay NAWON USA, Inc. all costs incurred by NAWON USA, Inc. in collecting any past due amount from you, including all court costs, collection costs, and attorney's fees. If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $25.00 as a service charge (if the check cannot be re-deposited) pursuant to California Laws

9.  Out of Stock.  If product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request.

10.  Export Compliance.  In addition to the United States and its territories, NAWON USA, Inc. accepts international orders. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to U.S. law is prohibited.

11.  Freight Damage.  If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact  NAWON USA, Inc. immediately to initiate a claim. 818 782 5100

12.  Return Policy.  In most cases, NAWON USA, Inc. will accept merchandise returns subject to the terms outlined in this Section and will replace the Product or refund your money at your option.

To facilitate processing of returned merchandise:

·      Please contact NAWON USA, Inc.  prior to returning ANY product to discuss the terms.

·      For all returns not relating to manufacturers' warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number and a brief explanation of the reason for the return, and be in original packaging and in resalable condition.

·      All devices will undergo incoming inspection, product that has not been handled correctly will not be eligible for credit.

·      Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.

·      Products returned solely due to customer error may be subject to a restocking charge.

·      To the extent that NAWON USA, Inc. purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.

·      “Special order” or “custom made” and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable.

·      Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact NAWON USA, Inc for details.

By returning a Product to NAWON USA, Inc., you represent and warrant that the returned Product was purchased from NAWON USA, Inc.

 Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 15, (i) NAWON USA, INC., AND ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, NAWON USA, INC. MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO PRODUCT, AND (ii) NAWON USA, INC. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE Without in any way limiting the generality of the foregoing:

(i). Technical Assistance. NAWON USA, Inc. offers its Technical Assistance solely as a convenience to NAWON USA, Inc. customers. NAWON USA, Inc. Technical Assistance personnel strive to provide useful information regarding the Products. NAWON USA, Inc. does not guarantee that any information or recommendation provided is accurate, complete, or correct, and NAWON USA, Inc. shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by NAWON USA, Inc. Technical Assistance Personnel, and any reliance on such information or recommendation is at your sole risk and discretion.

(ii). No Other Warranties. Except for a duly-authorized officer of NAWON USA, Inc. in writing, no employee or agent of NAWON USA, Inc. or any other party is authorized to make any warranty in addition to those made herein.

a. Limitation of Liability. IN NO EVENT SHALL ANY OF THE NAWON USA, INC. PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT, EVEN IF ANY OF THE NAWON USA, INC. PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ANY OF THE NAWON USA, INC. PARTIES FOR ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

b. Dispute Resolution; Limitation on Actions. Any and all disputes relating to any Product (collectively, "Disputes") shall be heard in a state or federal court situated in Los Angeles, California, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. Any cause of action against any of the NAWON USA, Inc. Parties with respect to any Product must be instituted within one (1) year from the date of purchase or provision of the Product except for a claim based on breach of warranty which must be instituted within ninety (90) days of the date NAWON USA, Inc. denies a warranty claim under Section 15.

© 2013, NAWON USA, Inc. Corporation. All rights reserved.

QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to

mitch@nawonusa.net



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NAWON USA, INC.
7322 Valjean Ave., Van Nuys, CA. 91406
Phone: 818/782-5100 - Toll Free: 800/983-7111 - Fax: 818/782-5102
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