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 DISPUTES BETWEEN THE PARTIES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING OUT OF PURCHASE AND/OR USE OF THE PRODUCT(S), SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, REGARDLESS OF THE NATURE OF THE DISPUTE, INCLUDING, BUT NOT LIMITED TO, DISPUTES OR CLAIMS ARISING OUT OF TORT, THE UCC, CONTRACT, STATUTE, PRODUCT(S) LIABILITY, OR UNDER ANY WARRANTY OR TERM AND CONDITION OF THE ACQUISITION.

ALL DISPUTES ARISING OUT OF USE AND/OR PURCHASE OF THE PRODUCT(S) SHALL BE BROUGHT IN THE WASHINGTON STATE SUPERIOR COURT, WHATCOM COUNTY, WHICH IS LOCATED IN BELLINGHAM, WASHINGTON.  PURCHASER HEREBY WAIVES ANY CHALLENGE TO SUBJECT MATTER OR PERSONAL JURISDICTION, OR VENUE BY THE WASHINGTON STATE SUPERIOR COURT, WHATCOM COUNTY

ANY WARRANTY STATED HERE ONLY EXTENDS TO THE ORIGINAL PURCHASER AND IS NOT TRANSFERABLE OR ASSIGNABLE.

ANY WARRANTY STATED HERE IS WAIVED AND CANCELLED IF THE PRODUCT(S) IS INSTALLED OR USED DIFFERENTLY THEN AS DESCRIBED IN ANY INSTRUCTIONS OR OWNERS MANUAL OR WARRANTY DOCUMENT.

TAMPERING WITH OR CHANGING THE PRODUCT(S) IN ANY WAY WILL VOID ANY WARRANTY FROM NUOVA.

NUOVA RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS AND CONDITIONS HEREIN WITHOUT NOTICE.

ALL INVOICES SHALL BE paid according to the payment terms on the front of the invoice. UNPAID PORTIONS OF ANY INVOICE SHALL ACCRUE INTEREST AFTER THIRTY (30) DAYS from the date of invoice AT THE RATE OF TWELVE PERCENT (12%) PER YEAR.

PURCHASER SHALL PAY ALL SHIPPING COSTS FOR THE PRODUCT(S), AND SHIPPING SHALL BE F.O.B. NUOVA’S DISTRIBUTION FACILITY, WITH ALL RISK OF DAMAGE AND/OR LOSS BORN BY PURCHASER.

ALL DEPOSITS RECEIVED ON THIS ORDER ARENON-REFUNDABLE. THIS ORDER IS NON-CANCELABLE BY BUYER. ANY DEVIATION FROM THIS POLICY MUST HAVE APPROVEL OF NUOVA MANAGEMENT,AND ANY CANCELLATION ACCEPTED SHALL BE DEEMED TO HAVE DAMAGED NUOVA TO EXTENT OF, BUT NOT LIMITEDTO, THEAMOUNT HELD AS NON-REFUNDABLE DEPOSIT, AND THUS, DEPOSIT SHALL BE FORFEITED. BUYER WILL BE HELD RESPONSABLE FOR ALL CHARGES INCLUDING, BUT NOT LIMITEDTO, ANY AND ALL CHARGES AND ATTORNEY'S  FEES WHICH MAYARISE 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.

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

NUOVAIS 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 ACCURATLY 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 do not qualify for the 100% accuracy guarantee and are absolutely final. 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.

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.

Warranty Claim Procedure

Contact NUOVA regarding any claim to be made under warranty by phone or email and receive a Return Merchandise Authorization Number. CompletE the return sheet found on NUOVA’s website. Ship the completed return 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.