Terms & Conditions

InnowaveRF, LLC – Order, Shipping, Return and Warranty Policies

The Order, Shipping, Return, and Warranty Policies set forth herein (the “Policies”) shall govern all orders placed by Customer (“Customer” or “you”) with InnowaveRF, LLC (“InnowaveRF, LLC,” “Seller,” “we,” or “us”) for products manufactured or sold by Seller (the “Products”), unless otherwise expressly agreed in a written instrument signed by an authorized representative (“Agent”) of InnowaveRF, LLC.

In the event of any conflict between these Policies and any other agreement, document, or communication, the terms of a separately executed written agreement signed by an authorized Agent of InnowaveRF, LLC shall control.

1. Orders and Acceptance

All orders must be placed via telephone or email communication with Seller and shall be documented through one or more Purchase Orders issued by Seller. No order shall be deemed accepted or binding unless and until it has been confirmed in writing by an authorized representative (“Agent”) of Seller.

Seller reserves the right, in its sole discretion, to limit quantities of any Product ordered and to accept or reject any order for any reason, including but not limited to credit status, availability, compliance concerns, or business considerations. Seller further reserves the right to refuse service to any Customer at any time, to the extent permitted by applicable law.

2. Order Changes and Cancellations 

Once an order has been shipped, it may not be cancelled, modified, or amended. Seller may, in its sole discretion, attempt to accommodate requests for cancellation or changes prior to shipment; however, no such accommodation shall be required or guaranteed.

Invoices are issued upon order placement, and Products shall ship upon availability and in accordance with Seller’s fulfillment schedule.

For orders involving multiple shipments, partial deliveries, or scheduled release quantities, if an order is cancelled prior to delivery of all Products, Customer shall remain responsible for payment for all Products scheduled to ship within fifteen (15) calendar days following Seller’s receipt of written notice of cancellation.

Cancelled orders may be subject to a cancellation charge of up to one hundred percent (100%) of the total quoted price, unless Seller expressly agrees otherwise in a written instrument executed by an authorized representative.

3. Sale Price & Specifications 

All prices and product specifications are subject to change without notice. All transactions shall be conducted in United States Dollars (USD) only.

Quoted prices are valid for thirty (30) days from the date of quotation unless otherwise expressly stated in writing by Seller, and may be modified or withdrawn at any time prior to Seller’s acceptance of a Purchase Order.

Seller reserves the right, at its sole discretion and without prior notice, to modify pricing, specifications, design, manufacturing processes, or to discontinue any Product at any time for any reason. Seller will use commercially reasonable efforts to notify Customer in advance of any material changes where practicable; however, no obligation to provide advance notice shall be assumed.

Taxes 

InnowaveRF, LLC Product prices do not include sales, use, excise, property, value-added, or any similar taxes, duties, or governmental charges arising out of or relating to the sale, delivery, or use of the Products. Customer shall be solely responsible for the payment of all such taxes, fees, or charges imposed by any governmental authority in connection with the Products.

Customer agrees to indemnify, defend, and hold harmless InnowaveRF, LLC from and against any liability, assessment, claim, demand, or obligation arising from or relating to the imposition, assessment, or collection of such taxes or duties.

Customer shall be responsible for all applicable sales, use, excise, VAT, or similar taxes or duties on orders shipped to any jurisdiction outside the State of Texas, United States of America.

If applicable, Customer must provide a valid tax exemption certificate at the time of account setup or prior to order processing. Failure to provide acceptable documentation may result in the application and collection of applicable taxes.

5. Payment Terms 

ALL ORDERS ARE FINAL AND NON-CANCELLABLE, EXCEPT AS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY SELLER.

Seller may utilize third-party payment processing services, including but not limited to vendor payment platforms and credit card processors such as PayPal. Seller selects such service providers based on their general reputation for secure payment processing; however, Seller is not affiliated with, controlled by, or responsible for the actions, systems, security practices, or performance of any third-party payment processor.

Seller shall not be liable for any loss, claim, dispute, security breach, chargeback, processing error, or other issue arising out of or relating to the use of any third-party payment processor. Customer agrees to review and comply with the applicable terms, conditions, and policies of any such third-party payment provider, including any refund or dispute resolution procedures governed by such providers.

If Customer does not wish to utilize third-party payment processing services, Customer may instead apply for credit terms under Seller’s standard payment terms set forth below.

STANDARD PAYMENT TERMS AFTER CREDIT AUTHORIZATION IS COMPLETE: Net thirty (30) days, subject to Seller’s prior written credit approval. Customer shall provide at minimum three (3) trade references and one (1) banking reference for credit evaluation. Seller reserves the right to approve, deny, or condition credit terms at its sole discretion.

Returned or dishonored checks shall be the responsibility of Customer. Each returned check shall be subject to a service fee in the greater amount of Thirty-Five Dollars (US $35.00) or five percent (10%) of the check amount, plus all costs of collection, including without limitation reasonable attorneys’ fees and expenses incurred in connection with collection efforts.

Alternative payment terms may be made available on a case-by-case basis and must be expressly agreed to in writing and signed by an authorized representative of Seller.

Seller reserves the right to cancel or suspend any purchase order if Customer fails to establish satisfactory credit or otherwise fails to comply with applicable payment terms.

6. Returns 

Seller does not accept returns, cancellations, credits, or refunds for any Products except as expressly provided under the Limited Warranty set forth in Paragraph 8. Products may only be returned for approved warranty evaluation or verified manufacturing defects.

Any Products returned to Seller by a shipping carrier due to Customer error, refusal of delivery, incorrect shipping information provided by Customer, failure to accept delivery, or inability of the carrier to complete delivery shall remain the sole responsibility of Customer. Customer shall be responsible for all resulting shipping charges, return freight charges, storage fees, redelivery charges, and any other related costs, regardless of whether the Products are ultimately returned to Seller.

All Product returns require a valid Return Material Authorization (“RMA”) number issued in advance by Seller. Requests for an RMA number must be submitted exclusively through Seller’s official online RMA request process available at: InnowaveRF, LLC Contact Us Page

No other method of requesting or obtaining an RMA number shall be accepted. Upon Seller’s review and approval of the request, an RMA number will be issued via email together with detailed return shipping and labeling instructions.

All RMA requests must include complete and accurate supporting information, including but not limited to the original InnowaveRF, LLC invoice number, Product serial number, detailed description of the alleged defect, and any applicable test results or diagnostic information supporting the return request.

All returned Products shall be shipped at Customer’s sole expense and risk unless otherwise expressly authorized in writing by Seller. Products returned without a valid RMA number clearly identified on the shipment packaging and accompanying documentation may be rejected and returned to Customer at Customer’s sole expense.

Issuance of an RMA number does not constitute acceptance of any warranty claim, acknowledgment of defect, or agreement by Seller to repair, replace, credit, or refund any Product. All returned Products remain subject to Seller’s inspection, testing, and warranty verification procedures.

7. Shipment & Delivery 

Seller shall select the most practical and cost-effective shipping method for each order unless Customer specifically requests a designated carrier or shipping service. All shipping, freight, insurance, brokerage, and related transportation costs shall be invoiced to Customer unless Customer provides a valid carrier account number and instructs Seller in writing to ship using Customer’s designated carrier account.

In order to maintain competitive pricing and ensure proper packaging and handling of Products, Seller may assess a handling and packaging charge on a per-order basis, which may vary depending upon the size, weight, quantity, packaging requirements, or special handling requirements of the shipment. Such handling charges shall apply regardless of whether shipment is made using Seller’s carrier, Customer’s carrier, or Customer’s freight forwarder.

All delivery dates provided by Seller, including dates referenced in quotations, acknowledgments, or purchase orders, are estimates only and are not guaranteed. Estimated delivery dates are based upon current production schedules, anticipated factory capacity, material availability, and shipping conditions at the time of quotation or order acceptance. Seller shall not be liable for any delays in manufacture, shipment, or delivery, nor for any damages, losses, penalties, or consequential damages arising therefrom.

Domestic shipments within the United States shall be made EXW (Ex Works) Seller’s facility via a common carrier selected by either Seller or Customer. International shipments outside the United States shall be made FCA (Free Carrier) Seller’s designated United States shipping point. Title to and risk of loss for the Products shall transfer to Customer upon delivery of the Products to the carrier. Once the carrier accepts the Products for shipment, the carrier shall be deemed to be acting on behalf of Customer, and Customer’s payment obligations shall not be reduced or offset due to loss, damage, delay, or destruction occurring during transit.

Seller shall not be responsible or liable for any loss, damage, expense, penalty, lost profits, loss of income, incidental damages, special damages, consequential damages, or delays arising from shipment, delivery, transportation interruptions, customs processing, customs clearance delays, carrier performance, force majeure events, or any cause beyond Seller’s reasonable control. Seller specifically disclaims any responsibility for delays caused by customs authorities or import processing.

Any claim relating to shipment discrepancies, shortages, incorrect Products, visible damage, concealed damage, or nonconforming Products must be submitted to InnowaveRF, LLC in writing within five (5) calendar days following delivery of the Products. Failure to provide written notice within such period shall constitute Customer’s acceptance of the Products and waiver of any such claims.

Requests for return authorization relating to damaged, defective, or incorrectly shipped Products must be submitted through Seller’s official RMA request process available at: InnowaveRF, LLC Contact Us Page

No other method of requesting a Return Material Authorization (“RMA”) number shall be accepted. If approved, Seller will issue an RMA number by email together with detailed return shipping and labeling instructions. Any Product returned without a valid RMA number clearly identified on the shipment may be refused and returned to sender at Customer’s expense.

Customer shall retain all original packaging materials and shipping containers for purposes of inspection, carrier claims, and verification of shipping damage claims. Failure to retain original packaging may result in denial of damage claims or warranty consideration.

8. Limited Warranty 

Seller warrants that the Products shall be free from defects in design specifications, functionality, materials, and workmanship for a period of three (3) years from the date the Products are shipped. This Warranty applies solely to the Products supplied by Seller and does not extend to any other goods, materials, parts, components, integrated systems, or any system as a whole. This Warranty does not apply to the Products supplied by a Third-Party. This Warranty does not cover ordinary wear and tear.

Seller’s sole obligation under this Warranty shall be limited, at Seller’s option, to the repair or replacement of defective Products or defective parts thereof. In the event Customer believes a Product is defective in materials or workmanship, Customer must comply with Seller’s Return Material Authorization (“RMA”) process prior to any return or warranty consideration.

Seller reserves the right to inspect the Product subject to the warranty claim either at its installed location or, at Seller’s sole discretion, require return shipment of the Product pursuant to Seller’s written shipping instructions. Any inspection, review, testing, or evaluation performed by Seller in connection with a warranty claim shall not constitute acceptance, acknowledgment, or admission of the validity of such claim. Customer shall be responsible for prepaying all transportation, freight, and shipping charges associated with any Product return.

If Seller elects to repair or replace a defective Product, the repaired or replacement Product shall be warranted only for the remainder of the original Warranty Period applicable to the originally shipped Product. Under no circumstances shall any repair or replacement extend or renew the original Warranty Period.

This Warranty shall be deemed null and void if the Product has been subjected to abnormal use or operating conditions, unauthorized modification, unauthorized service or repair, misuse, negligence, accident, alteration, relabeling, improper handling, or improper installation, or if the Product has otherwise been used in any manner not expressly authorized in writing by InnowaveRF, LLC.

This Warranty does not cover any loss or damage occurring during shipment or transit. Any claim for shipping damage, loss, or delay must be submitted directly to the applicable carrier or shipping company by the purchaser or recipient.

This Warranty shall also be void if any Product serial number, identification label, date code, certification marking, or other identifying marking has been removed, altered, defaced, obscured, or replaced.

This Warranty does not apply to any Product damaged as a result of external causes, including but not limited to fire, flood, water intrusion, sand, dirt, lightning, theft, vandalism, acts of God, failure to maintain a suitable operating environment, improper electrical supply, power surge, improper grounding, improper electrical connection, or any other cause beyond the reasonable control of InnowaveRF, LLC.

9. Limitation of Liability 

THE LIMITED WARRANTY SET FORTH HEREIN CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, LOSS, DAMAGE, OR LIABILITY ARISING FROM OR RELATING TO THE PRODUCTS, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, WARRANTY, NEGLIGENCE, STATUTE, EQUITY, OR ANY OTHER LEGAL THEORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNOWAVERF, LLC SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY NON-CONFORMING OR DEFECTIVE PRODUCTS, OR ANY CLAIMS ASSERTED BY THIRD PARTIES, EVEN IF INNOWAVERF, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

IN NO EVENT SHALL INNOWAVERF, LLC’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO INNOWAVERF, LLC FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

10. International Orders 

Seller complies with all applicable United States export control laws and regulations, including without limitation the United States Export Administration Regulations (“EAR”). Customer, and any subsequent purchaser, Re-Seller, distributor, or end user of the Products, shall be solely responsible for ensuring compliance with all applicable export, re-export, import, and trade compliance laws and regulations of the United States and any other applicable jurisdictions.

Customer shall not, directly or indirectly, export, re-export, transfer, sell, ship, or otherwise provide any Product to any country, entity, organization, or individual prohibited or restricted under applicable United States export control laws, trade sanctions, or embargo regulations, including any party identified on restricted, blocked, or denied party lists maintained by the United States Government.

Customer agrees that any export, re-export, or transfer of the Products shall be conducted strictly in accordance with the EAR and all other applicable laws and regulations. Customer further agrees not to use, sell, or transfer the Products for any prohibited end use, including but not limited to activities involving nuclear, chemical, or biological weapons, missile technology, military end uses prohibited by law, or any other restricted activities under applicable export control regulations.

All international orders must be prepaid in full via wire transfer. Orders will not be processed or shipped until payment has been received and cleared.

International shipments may be subject to customs duties, import taxes, tariffs, value-added taxes (VAT), brokerage fees, clearance charges, and other governmental fees or charges imposed by the destination country or applicable authority. Customer shall be solely responsible for all such duties, taxes, fees, and charges.

11. Confidentiality 

All drawings, designs, specifications, manuals, programs, pricing information, and other materials furnished by Seller to Customer shall remain the confidential, proprietary, and exclusive property of InnowaveRF, LLC.

Except for information that is or becomes part of the public domain through no breach of this Agreement, Customer shall maintain all such information in strict confidence and shall not disclose, distribute, reproduce, or otherwise make such information available to any third party without the prior written consent of Seller.

Seller retains all right, title, and interest, including all intellectual property rights and copyrights, in and to all copyrightable materials provided to Customer by InnowaveRF, LLC. No rights or licenses are granted to Customer except as expressly set forth in writing by Seller.

Any breach of this confidentiality provision may result, at Seller’s sole discretion and without limitation of other remedies available at law or equity, in suspension or termination of service, refusal to accept future orders, and/or cessation of business with Customer.

12. End Use Disclaimer 

The Products are not designed, manufactured, or intended for use in nuclear power applications, aviation, aeronautical or aerospace systems, defense or military applications, or any related industries unless expressly agreed to in a written agreement signed by an authorized representative of InnowaveRF, LLC.

The Products are also not designed, intended, or authorized for use in medical devices, life support systems, life-sustaining or life-critical applications, emergency response systems, safety-critical systems, or any other application where failure of the Product could reasonably be expected to result in personal injury, death, or significant property damage.

Any such prohibited or unauthorized use of the Products shall be at Customer’s sole risk. Customer agrees to indemnify, defend, and hold harmless InnowaveRF, LLC from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to such use by Customer or any downstream purchaser or user.

Any technical assistance, recommendations, or guidance provided by Seller regarding Product selection or application is provided on a good-faith, best-effort basis only and shall not be construed as engineering advice, certification, or a guarantee of suitability. Customer remains solely responsible for determining the appropriateness of any Product for its intended application and use.

13. Governing Law 

These Policies and the relationship between Seller and Customer shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of laws principles.

Seller reserves the right to modify, update, or amend its website, pricing, policies, and these Terms and Conditions at any time without prior notice, unless otherwise required by law.

Each provision of these Policies shall be deemed severable. If any provision is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

14. Force Majeure 

Seller shall not be held responsible or liable for any delay, failure, loss of use, damage, or any other direct or indirect loss arising out of or resulting from an event of force majeure.

For purposes of these Policies, a “Force Majeure Event” shall include, without limitation, acts of God, including fire, flood, earthquake, storm, or other natural disasters; war, invasion, hostilities, acts of foreign enemies, terrorism, civil unrest, riots, or insurrection; labor disputes, strikes, lockouts, or other industrial disturbances; epidemics, pandemics, or public health emergencies; failures or disruptions of telecommunications systems, internet services, or worldwide web infrastructure; governmental actions, restrictions, regulations, or orders; and any other cause or circumstance beyond the reasonable control of Seller, excluding only Seller’s lack of funds.

During any Force Majeure Event, Seller’s obligations shall be suspended for the duration of the event, and Seller shall not be deemed in breach of these Policies for any failure or delay in performance attributable to such event.

15. Customer Information

InnowaveRF, LLC reserves the right to use the names, trade names, and logos of its Customers and end users of InnowaveRF, LLC Products for marketing, advertising, and promotional purposes, including but not limited to website listings, sales materials, and corporate presentations, without further notice or additional authorization, unless otherwise agreed in writing by an authorized representative of InnowaveRF, LLC.

Such use shall not imply endorsement of InnowaveRF, LLC or its Products unless expressly stated in writing.

16. Facility Access

InnowaveRF, LLC reserves the right, at its sole discretion, to limit, restrict, or deny Customer access to its facilities, premises, or those of its contractors at any time.

As a condition of granting access to any such facilities or contractor locations, InnowaveRF, LLC may require Customer personnel to comply with security requirements, including but not limited to security clearances, background checks, identification verification, and any other screening procedures deemed necessary by InnowaveRF, LLC or its contractors.

Failure to satisfy such requirements, or refusal to comply with applicable security protocols, may result in denial or revocation of access without liability to InnowaveRF, LLC.

These Order, Shipping, Return, and Warranty Policies constitute the entire agreement between Seller and Customer with respect to the Products and supersede all prior or contemporaneous understandings, agreements, representations, warranties, or communications, whether oral or written.

Customer acknowledges that no representations, warranties, understandings, or agreements, including any statements made or conduct arising from prior dealings between the parties, shall be binding unless expressly set forth in these Policies.

No modification, amendment, or waiver of these Policies shall be valid or enforceable unless made in a written instrument signed by an authorized representative (“Agent”) of InnowaveRF, LLC. Any attempted modification by Customer, including through purchase orders, acknowledgments, or other documents containing additional or conflicting terms, shall be deemed rejected and shall be of no force or effect unless expressly agreed to in writing by Seller.

Customer agrees that any terms or conditions submitted by Customer that are inconsistent with or in addition to these Policies are hereby expressly objected to and shall not be binding upon Seller.

To the maximum extent permitted by law, Customer agrees to indemnify, defend, and hold harmless InnowaveRF, LLC from and against any and all claims, liabilities, damages, losses, costs, or expenses arising out of or relating to any breach of these Policies by Customer, except to the extent such liabilities are expressly assumed by Seller in writing herein.