Acceptance and Cancellation of Orders
Each order for Products is subject to acceptance in writing by a duly authorized officer of NuWhirl Systems Corp. (NSC); any written acknowledgment of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by NSC may be cancelled by Buyer only upon written consent of NSC.
Payment Terms
Payment in full for the Products, without offset or deduction, is due on or before 30 days from the date of invoice. If payment is not timely received, interest will accrue at the rate of one percent (1%) per month on the unpaid balance or the maximum amount allowed by law, whichever is less.
Order and Shipping Terms
All shipments to the continental United States and Hawaii are FOB NSC’s warehouse, Corona, California. Title and risk of loss pass to Buyer upon NSC’s placing the shipment into the possession of the carrier.
All shipments outside the continental United States and Hawaii are Ex Works (Incoterms 2010) NSC’s warehouse, Corona, California.
Product Return Policy
All returns are subject to prior written authorization by NSC and must be accompanied by a valid Return Merchandise Authorization (“RMA”) number issued by NSC. Any product returned without such authorization and RMA number will be refused and returned to the customer, freight collect, at the customer’s sole expense.
Price
Prices are subject to change at any time without prior notice due to market conditions, currency fluctuations, supplier pricing, or other factors beyond the control of NSC. In the event of a pricing error, typographical or otherwise, NSC reserves the right to correct such errors and to refuse or cancel any orders placed at an incorrect price, whether or not the order has been confirmed or payment has been received.
The customer shall be responsible for all applicable taxes, fees, and charges in addition to the listed prices. Any price quotations must be in writing and will automatically expire 30 calendar days from the date quoted. Verbal quotations are invalid unless confirmed in writing.
Minimum Electronic Media Resell Policy (M.E.M.R.P.)
Effective April 15, 2025, NuWhirl Systems Corp., dba LifeValet™, will unilaterally set its minimum resell price policy for its products quoted or sold through the World Wide Web, e-mail, facsimile solicitations, telephone solicitations, electronic text messaging, and social media (collectively, “Electronic Media”).
Quotes or sales through Electronic Media do not include television or radio advertisements and do not include customer inquiries that relate solely to the physical characteristics, quality, quantity, or available inventory of LifeValet™ products.
LifeValet™ intends to sell its products only to persons or businesses who sell to residential end-use customers (“Resellers”) through Electronic Media if they will resell LifeValet™ products at prices no lower than the MEMRP (Minimum Electronic Media Resell Price), which is equal to the MSRP less 20%, as published by LifeValet™.
Use of Intellectual Property
NSC grants Buyer a limited, worldwide, terminable, non-royalty bearing license to use NSC’s name, trademarks, trade dress, logos, and copyrights solely in connection with Buyer’s marketing, advertising, and resale of Products, and subject to the terms and conditions herein.
All Intellectual Property used by Buyer pursuant to this license shall be approved by NSC prior to such use and used in the form approved by NSC without variation in color, size, or other attributes.
Product Descriptions and Accuracy
All product specifications, descriptions, illustrations, and other information contained in this catalog are provided for general informational purposes only and are subject to change without prior notice.
While every effort has been made to ensure accuracy, NSC does not warrant that such information is free from error, complete, or current. In the event of a discrepancy between the catalog and the actual product or its packaging, the actual product shall govern.
NSC shall not be liable for any typographical, photographic, or technical errors appearing in this catalog, nor for any damages resulting from reliance upon such information.
Limited Consumer Warranty
NuWhirl Systems Corp. (“NuWhirl”) warrants to the original consumer purchaser that all products will be free of material defects in materials and workmanship for the following periods, beginning on the date of purchase:
Residential: Lifetime for products purchased and installed for residential consumer use. Free freight for replacements is available only for warranty claims made within the first year.
Commercial: Two (2) years for products purchased and installed for commercial consumer use. Free freight for replacements is available for the first year of the warranty.
This warranty is issued to the original consumer purchaser only and may not be transferred or assigned.
