WAV4M.COM / RADIOSHIELDS.COM
SALES TERMS AND CONDITIONS
Terms
All sales of products and/or services (“Goods”) at or through www.wav4m.com or affiliated websites (“radioshields.com”) are administered by and subject to these sales terms and conditions (the “Terms”). These terms apply to both WAV4M, LLC and its subsidiaries (RADIOSHIELDS.) By placing an order or making a purchase through Radioshields.com, the buyer (hereinafter “Buyer”) accepts the Terms and agrees to be governed by and subject to the Terms.
Orders
All orders by Buyer constitute offers subject to final acceptance by WAV4M and may require additional information before processing an order. Order confirmation confirms receipt of an order, but does not signify RADIOSHIELDS’ acceptance of the order. RADIOSHIELDS reserves the right to accept or decline an order at any time for any reason. RADIOSHIELDS may, in its sole discretion, limit order quantity. If RADIOSHIELDS cancels an order after billing, RADIOSHIELDS will refund the billed amount.
Pricing
RADIOSHIELDS strives to have information on the website up to date and accurate at all times, but mistakes may occur. Prices shown on Radioshields.com do not constitute offers. RADIOSHIELDS reserves the right to change prices at any time without notice and to correct pricing errors.. Shipping and handling, expedited service, and taxes are not included in prices and will be added to the total price if applicable.
Delivery
Delivery dates are estimates. All deliveries are subject to modification or cancellation due to events beyond RADIOSHIELDS’ reasonable control, including without limitation acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, delay in transportation, labor disputes, strikes, failure of equipment or systems, or shortages of any labor or materials or services. All purchases through Radioshields.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Returns
Radioshields relies on referrals and wants our customers to be happy with their purchase. If, for any reason, you are dissatisfied with your purchase, return it to RADIOSHIELDS within 30 calendar days of purchase for a full refund, credit, or exchange, no questions asked.
Online Purchases
Follow the return directions at radioshields.com. A valid credit card is required to apply a refund if required. Return the original product to RADIOSHIELDS within 30 days. RADIOSHIELDS will not pay for return shipping charges on products.
In-Store Purchases
Return products to the authorized dealer where you purchased the product within 30 calendar days of purchase for a full refund, credit, or exchange. Your original receipt will be required.
Warranty Information
Any applicable limited warranty is available to the original purchaser only. For applicable limited warranty terms and conditions, please visit www.radioshields.com/warranty.
Limitations on Liability
THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN. THE REPAIR, REPLACEMENT, OR REFUND PROVIDED BY THE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. WAV4M WILL NOT BE LIABLE TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCT, BREACH OF THIS AGREEMENT, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED AND RELEASED. UNDER NO CIRCUMSTANCES WILL WAV4M’S LIABILITY FOR ANY DEFECT IN GOODS, WHETHER BASED ON CONTRACT, WARRANTY, OR ANY OTHER THEORY, EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT. BY PURCHASING AND USING GOODS, BUYER ACKNOWLEDGES THESE LIMITATIONS AND WAIVERS, DECLARES THAT THEY HAVE BEEN READ AND UNDERSTOOD, AND AGREES TO BE SO BOUND.
Consumer Rights
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SUCH A LIMITATION MAY NOT APPLY TO BUYER. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION MAY NOT APPLY TO BUYER. THIS WARRANTY GIVES BUYER SPECIFIC LEGAL RIGHTS, AND BUYER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
BUYER ACKNOWLEDGES AND DECLARES THAT THESE LIMITATIONS AND WAIVERS HAVE BEEN BROUGHT TO BUYER’S ATTENTION AND EXPLAINED, THAT BUYER HAS READ AND UNDERSTANDS ALL TERMS AND AGREES TO BE SO BOUND, AND THAT BUYER'S RECEIPT OF THE AGREEMENT, LIMITED WARRANTY, AND GOODS, AND ANY PAYMENT FOR THESE, SIGNIFIES THAT BUYER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS, INCLUDING THE WAIVERS AND LIMITATIONS CONTAINED HEREIN.
Modifications
Any changes to the Terms are binding and enforceable only if made in writing and signed by an authorized WAV4M officer. WAV4M does not agree to and rejects any proposed terms or conditions contained in an order or other documents that are in addition to, in conflict with, or inconsistent with the Terms. WAV4M RESELLERS, AGENTS OR EMPLOYEES ARE NOT AUTHORIZED TO MAKE ANY MODIFICATIONS, ADDITIONS OR EXTENSIONS TO TERMS OR WARRANTIES.
Intellectual Property
Buyer acknowledges WAV4M’s ownership of all trademarks, service marks, copyrights, imprints, rights of publicity, patents, design patents, registered designs, industrial designs, trade dress, product design, trade secrets and other intangible rights relating to the Goods (collectively “WAV4M Intellectual Property”) and acknowledges that Buyer will have no right, title or interest whatsoever in any WAV4M Intellectual Property.
Period of Limitations
No claim, suit, or other proceeding arising out of or related to the Goods or the Terms, including without limitation the Limited Warranty, may be brought by Buyer after one (1) year from the date it accrues. No discovery, estoppel, or other rule will apply to extend this limitations period.
Indemnity
Buyer agrees to indemnify and hold WAV4M, as well as its officers, agents, employees, and representatives, harmless from and against all claims, causes of action, liabilities, losses, damages, judgments, and proceedings, whether based in contract, quasi-contract, subrogation, tort, strict liability, or any other legal or equitable theory, including without limitation all expenses, costs, damages or injury to person or property, and attorney fees incident thereto, arising from or relating to the use, handling, storage, transportation, possession, processing, fabrication, resale, or any other activity involving the Goods after purchase. At WAV4M’s request, and subject to WAV4M’s sole discretion to choose its own counsel, Buyer will also defend WAV4M from any such claims, causes of action, or proceedings.
Enforcement
WAV4M may recover all expenses, including attorney’s fees, expert fees, and court costs, incurred to enforce the Terms or to pursue any lawsuit, arbitration, or other proceeding related to the Terms.
Applicable Law
The Terms will be considered to have been made in the State of Texas and will be governed by and interpreted under Texas state law, without giving effect to conflict of law principles. Except as provided below, any action, question, dispute, or claim arising out of or relating to the Terms may be brought only in a federal or state court in Collin County, Texas, having jurisdiction over the subject matter, and Buyer irrevocably consents that such court will have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum. THE BUYER WAIVES RIGHTS TO A JURY TRIAL AND/OR CLASS ACTION RELATING TO THE GOODS, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.