FAQ - Terms and conditions of sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Welcome to Newwaveasia Co., Ltd., the owner and operator of the Uncle-tong.com web site (the “Site”). By ordering any product or service via the Site, Fax, Electronic Mail or Telephone, you (the “Buyer”) signify your reading and acceptance of this Terms and Conditions of Sale (the “Agreement”);no alleged oral promises or conditions not set forth herein shall be binding upon Newwaveasia or Buyer, and any prior negotiations between the parties are merged herein. This agreement may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
ACCEPTANCE BY SHIPMENT - Newwaveasia will indicate its acceptance of Buyer’s order by shipping to Buyer the selected Product(s). The automated order confirmation via electronic mail, banking, negotiation, or other use of any payment will not constitute an acceptance by Newwaveasia.Products displayed on the Site may be out-of-stock or discontinued. Newwaveasia reserves the right to refuse orders for any reason without explanation.
PRICES AND TAXES - All prices are in US Dollars. Prices may change without notice. All Products prices and shipping charge are exclusive of customs, import duties and sales tax. Buyer accept for additional charges of customs clearance or any import duties. Newwaveasia cannot control over these charges because customs policies are vary widely from country to country. For shipments within Thailand , Newwaveasaia will charge value-added tax (VAT) at the rate of 7%.
TERMS OF PAYMENT - Terms of payment are with Newwaveasia’s sole discretion and, unless otherwise agreed to by Newwaveasia, payment must be received by Newwaveasia prior to Newwaveasia’s shipment of an order. On customized order, special orders or drop-shipments, a 50% down payment is required when ordering, with the balance due in full before shipping. 50% of the down payment is non-refundable if the order is cancelled prior to shipping.
Payment shall be made by credit card, wire transfer, or some other prearranged payment method. In the event Buyer's card or such other payment method cannot be verified, is invalid or is not otherwise acceptable, Buyer's order may be suspended or cancelled. In the event Newwaveasia is required to bring legal action to collect any amounts due from Buyer, Buyer agrees to pay reasonable attorney's fees and costs of suit.
CANCELLATIONS - Buyer may cancel by written notice recieved at Newwaveasia's office, all or any part of this order subject to the following cancellation fees:
Cancel some items within 72 hours .....no fee
Cancel whole order within 24 hours .....no fee
Cancel whole order within 72 hours .....10% fee
Cancel whole order after 72 hours but prior the order is shipped .....50% fee
Cancel any customized order .....50-100%
Number of hours notice shall be hours from order submission received until Newwaveasia’s receipt of Buyer’s written cancellation.
SHIPPINGS AND DELIVERY - (a) Newwaveasia will pack and ship all Products in accordance with good commercial practices; (b) several delivery methods are available to Buyer. All delivery methods are based on number of business days from the day of Shipment; (c) delivery time of each shipping methods which is shown in the Site are given by individual carrier and it is only an estimation. Buyer should also expect some variation between each shipment; (d) Newwaveasia reserves the rights to ship orders using another equivalent shipping methods which is different from what Buyer has selected. And without advance notification, if the new shipping method cost Buyer the same amount and delivery time.
PATENTS - (a) With regard to products made to the order of Buyer's designs, specifications or instructions, Buyer shall save and hold Newwaveasia harmless against damage cost, loss or expense, including reasonable attorney fees, resulting from any claim, suit or proceeding brought by any person or entity for infringement of patents, copyrights, trademarks, trade names, or for unfair competition arising from Newwaveasia’s compliance with Buyer's designs, specifications or instructions. (b) The sale of any product or products by Newwaveasia pursuant to this order does not convey to Buyer any license, by implication, estoppel, or otherwise, respecting any patent, trademark or trade name claims or rights of Newwaveasia covering said products or any combination thereof with or without any devices or elements.
LIMITATION OF LIABILITY - Newwaveasia's total liability, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular Products sold under these Agreement with respect to which losses or damages are claimed. In no event will Newwaveasia be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental or consequential damages to the full extent such may be disclaimed by law. No action will be brought for any breach of these Agreement more than 6 months after the accrual of such cause of action.
INDEMNIFICATION - Buyer agree to defend, indemnify and hold completely harmless Newwaveasia from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to Buyer’s use of the products purchased via the Site.
GOVERNING LAW - This Agreement, the entire relationship between Buyer and Newwaveasia, and any litigation or other legal proceeding between Buyer and Newwaveasia (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of Thailand, without giving effect to its choice of law rules. This contract is fully performable in Bangkok , Thailand .