1.  Acceptance The Use Of NewAE Technology Inc. Terms and Conditions

Your access to and use of NewAE Technology Inc. is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. It is important you read and understand these terms; please email us with any questions you may have prior to completing your purchase. By using the Website, purchasing product or services from NewAE Technology Inc., you acknowledge reading, and are fully accepting to be bound by the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

 

2.  Product Information

NewAE Technology Incorporated Hardware and Products are intended for development, engineering, research or science laboratory use only.  

2.1 Not for Life Support or Critical Applications

Products sold by NewAE Technology Inc. are not designed, intended or approved for use in life support, implantable medical devices, transportation, nuclear, safety or other equipment where malfunction of the Product can reasonably be expected to result in personal injury, death, severe property damage or severe environmental harm. Your use or sale of Products for use in such critical applications are at your own risk and you agree to defend, indemnify and hold harmless NewAE Technology Inc. from any and all damages, claims, suits or expenses resulting from such use.

 

3.  Payment Information

NewAE Technology Inc. will never ask for Credit Card details and request that you do not enter it on any of the forms on NewAE Technology Inc.. Please email us for special arrangements, including money order or wiring instructions.

 

4.  Shipment Information

NewAE Technology Inc. ships most orders within 48 hours of your checkout. The actual transit time will vary depending on shipping methods. NewAE Technology Inc. shall notify you by email when your order has shipped, and include a tracking number when possible. All shipments are fully insured.  NewAE Technology Inc. is pleased to offer international shipping to most countries.

NewAE Technology Inc. usually ships with DHL but can also provide service via FedEx or UPS.  There is a section within the purchase field, to note if you prefer a specific courier, additional fees could apply.

Goods are shipped under FCA terms, with our office location at 127 Joseph Zatzman Drive, Dartmouth, Nova Scotia, Canada being the named place. Title transfers to the buyer upon pickup of item by carrier.

 

5.  International Shipment Information

NewAE Technology Inc. is based within Canada, therefore orders derived outside Canada will have the appropriate customs applied upon border crossing. You are responsible for any duty or fees, and taxes for such shipment. If a specific broker is required you must provide this information to NewAE Technology Inc when completing your order.

 

6.  Damaged Shipments

NewAE Technology Inc. takes care in testing and packaging all of our outgoing shipments. With standard courier practice, you check the contents of the parcel before signing for your goods. If you do not we can’t be held liable for any damage that may have occurred in transit. If a shipped order arrives with obvious damage, please refuse to accept it and the shipping company will return the merchandise to NewAE Technology Inc.. Please contact us and we shall arrange to ship a replacement product.

Note carefully: Risk of damage or loss is transferred immediately upon delivery of product to first carrier. (In case of obvious damage please do not accept the shipment, or note such damage on manifest prior to accepting. In either case, please contact us.)

 

7.  Warranty and Return Policy

NewAE Technology Inc.’ intention is to provide the highest quality products; all hardware is individually tested and verified to work prior to shipping.

NewAE Technology Inc. warrants to you that for thirty days (30) days from the date title to the Product passes, each Product sold hereunder will be free of defects in materials or workmanship. Conformity to specifications shall be to those specifications published at the time title passes. NewAE Technology Inc.’ sole liability and responsibility under this warranty is to repair or replace any Product that is returned to it by you, and that NewAE Technology Inc. determines is defective by reason of manufacturing or workmanship.

Product returned to NewAE Technology Inc. will be shipped to NewAE Technology Inc. at your expense, and will be returned at NewAE Technology Inc.’ expense. The obligation to honour this warranty is contingent upon receipt of payment in full for shipped products.

 

8.  Order Changes or Cancellations

NewAE Technology Inc. aims to ship orders as quickly as possible. It is critical you immediately email us to cancel or change your order as NewAE Technology Inc. will not cancel orders after they have been shipped.

NewAE Technology Inc. reserves the right to cancel and refund any order for any reason.

 

9.  Warranties and Representations

Products are intended for test and measurement use only. Hardware has not been tested or approved by any agency or approvals body for Electrical Safety, Electromagnetic Compatibility, or Telecommunications at the time of distribution.

Your use of our products is at your own risk.

 

NewAE Technology Inc.’ products are provided «As Is». NewAE Technology Inc. is under no obligation to provide updates, upgrades, support, or maintenance of any kind. Except as provided herein, NewAE Technology Inc. specifically disclaims any and all warranties and guarantees, express, implied or otherwise, arising with respect to the use of this product including, but not limited, to the warranty of merchantability, the warranty of fitness for a particular purpose, and any warranty of non-infringement of the intellectual property rights of any third party. NewAE Technology Inc. neither assumes or authorizes any person to assume for it any other liability.

EXCEPT AS PROVIDED HEREIN, PRODUCTS PROVIDED BY NewAE Technology Inc. CORPORATION ARE “AS IS”. NewAE Technology Inc. SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED, OR OTHERWISE, ARISING WITH RESPECT TO PURCHASE OR USE OF PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. NewAE Technology Inc. SHALL HAVE NO RESPONSIBILITY TO THE EXTENT ANY DEFECT OR FAILURE IS CAUSED BY NONCOMPATIBILITY OF THE PRODUCTS WITH OTHER COMPONENTS USED BY BUYER.

LABELING ON PRODUCTS AND PACKAGING IS INTENDED SOLELY FOR COMPLIANCE WITH APPLICABLE LAW AND NewAE Technology Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, THAT ARISE FROM SUCH LABELING OTHER THAN AS REQUIRED BY APPLICABLE LAW. NewAE Technology Inc. SHALL HAVE NO RESPONSIBILITY FOR NONSTANDARD PRODUCTS OR PRODUCTS PURCHASED THROUGH UNAUTHORIZED CHANNELS. THE WARRANTY OF REPLACEMENT PRODUCTS SHALL TERMINATE WITH THE WARRANTY OF THE PRODUCT.

NewAE Technology Inc. SHALL NOT BE LIABLE FOR YOU FOR ANY DAMAGES, DIRECT OR INDIRECT, INCURRED OR ARISING FROM THE USE OF THIS PRODUCT. IN NO EVENT SHALL NewAE Technology Inc. BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY OUT OF THE USE OF THIS PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NewAE Technology Inc. NEITHER ASSUMES OR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY.

 

10.  Force Majeure

NewAE Technology Inc. shall not be liable for any loss or damage resulting from any delay in delivery or failure to give notice of delay when such delay is due to any cause or event beyond NewAE Technology Inc.’ control, including, without limitation, acts of nature, pandemics, epidemics, unavailability of supplies or sources of energy, riots, wars, terrorist acts, sabotage, fires, strikes, labor difficulties, delays in transportation, delays in delivery or defaults by NewAE Technology Inc.’ vendors, or your own acts or omissions.

In the event of delay due to any such cause, time for delivery shall be extended for a period of time equal to the duration of such delay and you shall not be entitled to refuse delivery or otherwise be relieved of any obligations as a result of the delay. If, as a result of any such cause, any scheduled delivery is delayed for a period in excess of one-hundred-twenty (120) days, you or NewAE Technology Inc. shall have the right by written notice to the other to cancel the order for the Products subject to the delayed delivery without further liability of any kind.

 

11.  Assignment

These terms and conditions are not assignable by you and any attempt to assign any rights, duties or obligations arising hereunder shall be void. NewAE Technology Inc. may, as it deems necessary, subcontract any part of the work or services to be provided pursuant to these terms and conditions.

 

12.  Arbitration

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved pursuant to the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Halifax, Nova Scotia, Canada. The language of arbitration shall be English.

 

13.  Change of Use

NewAE Technology Inc. reserves the right to:

13.1  change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that NewAE Technology Inc. shall not be liable to you for any such change or removal and

13.2  change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

 

14.  Links to Third Party Websites

NewAE Technology Inc.’ Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that NewAE Technology Inc. is not responsible for the content or availability of any such sites.

 

15.  Copyright

15.1  All  copyright,  trademarks  and  all  other  intellectual  property  rights  in  the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to NewAE Technology Inc. or otherwise used by NewAE Technology Inc. as permitted by law.

15.2  In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

 

16.  Disclaimers and Limitation of Liability

16.1  The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

16.2  To the extent permitted by law, NewAE Technology Inc. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

16.3  NewAE Technology Inc. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

16.4  Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of NewAE Technology Inc. for death or personal injury as a result of the negligence of NewAE Technology Inc. or that of its employees or agents.

 

17.  Indemnity

You agree to indemnify and hold NewAE Technology Inc. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against NewAE Technology Inc. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website or NewAE Technology Inc's products, documentation, or training material.

 

18.  Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

 

19.  Advice

The contents of NewAE Technology Inc. website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

 

20. Gift Certificates Terms and Conditions

20.1  Compliance with Laws

By purchasing a gift certificate ("Gift Certificate") offered by NewAE Technology Inc., you are certifying and representing to NewAE Technology Inc. that the activities in connection with which the gift certificates will be used will comply with these terms and conditions. You agree to release NewAE Technology Inc. from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the gift certificates.

20.2  Redemption

Gift Certificates are only redeemable for purchases online at www.store.newae.com. The gift certificate balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with another payment method accepted by NewAE Technology Inc.

20.3  Our Policies

Gift Certificates cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Certificates cannot be replaced or be redeemed for cash. Gift Certificates can only be sold in any amount over $1.00 to a maximum of $1000. Gift Certificates never expire or accrue fees.

20.4  Risk of Loss

The risk of loss and title for Gift Certificates pass to the purchaser upon sale. Gift Certificates are like cash. NewAE Technology Inc. is not responsible if a Gift Certificate is lost, stolen, destroyed or used without your permission. NewAE Technology Inc. cannot trace them or refund them.

20.5  Fraud

NewAE Technology Inc. will have the right to close a customer accounts and request alternative forms of payment if NewAE Technology Inc. believes such Gift Certificate has been fraudulently obtained.

20.6  General Terms

When you purchase, receive or redeem a NewAE Technology Inc. Gift Certificate, you agree that the laws of the province of Nova Scotia and the federal laws of Canada, without regard to principles of conflict of laws, will govern these gift certificate Terms and Conditions. NewAE Technology Inc. reserves the right to change the Gift Certificate Terms and Conditions from time to time in its discretion. All gift certificate Terms and Conditions are applicable to the extent permitted by law.

 

21.  Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites and/or the Content must and will be venued exclusively in Halifax, NS, Canada. These Terms and Conditions and the relationship between you and NewAE Technology Inc. will be governed by the laws of the Province of Nova Scotia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.

Any and all matters in dispute between the parties, whether arising from or relating to these terms and conditions or arising from alleged extra-contractual facts including, without limitation, fraud, misrepresentation, negligence or any other alleged tort or violation of contract, shall be governed by, construed, and enforced in accordance with the laws of Canada, without resort to any conflict of laws provisions and regardless of the legal theory upon which such matter is asserted and the sole jurisdiction and venue for all actions related to the subject matter hereof shall be Halifax, Nova Scotia, Canada.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from these terms and conditions.