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WAVE EasyPay Plan Terms & Conditions

Version: 1.0
Published: August 2021

The WAVEdds.com and online WAVE Store is operated by WAVE SYSTEMS Inc. a Delaware corporation.


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Installment payment agreement terms and conditions

1. General terms and conclusion of agreement.
1.1. The WAVE EASY PAY PLAN (“Agreement”) is a fixed-term agreement that includes the WAVE Systems, Inc. system. With this Agreement the Customer purchases the WAVE Systems, Inc. (WAVE) system on installment. The Customer undertakes to pay the WAVE system in whole within the payment period offered by WAVE.
1.2. An agreement between WAVE and the Customer shall be deemed concluded once WAVE has accepted the Customer’s order for the WAVE system.
1.3. The use of the WAVE system shall be subject to the “Terms of Service” and “Terms of Sale”, which both are incorporated by reference herein, and which can be found on WAVE website.
1.4. If any of these documents contradict each other, the terms will apply in the following order: 1. the terms of this Agreement, 2. the Terms of Sale, and 3. the Terms of Service.

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Simplified:
These are our terms and rules for purchasing WAVE w10 Swimmer Safety System from our website with our fixed-term deal. By agreeing to these terms we have a mutual agreement on how things work.

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2. Term of the agreement.
2.1. This Agreement is a fixed-term agreement and is in force for 10 months from the date of purchase of the WAVE system (“Agreement Period”). After the Agreement Period, the Agreement will automatically continue to be in force for the time being unless the Customer terminates the Agreement at the latest two weeks before the end of the Agreement Period, or unless WAVE terminates the Agreement at the latest one month before the end of the Agreement Period. If the Agreement is terminated by either the Customer or WAVE, the Agreement will terminate on the end date of the Agreement Period.
2.2. After the initial Agreement Period and provided the Customer has paid for the WAVE system in full, the monthly payments shall terminate.
2.3. During the Agreement Period the Customer shall have the right to terminate the Agreement by giving WAVE a two-week notice and by paying the remaining monthly payments for the WAVE system.
2.4. WAVE shall have the right to cancel this Agreement and have all the remaining payments fall due in case the Customer has failed to pay the monthly payment and the payment is delayed at least one month, or in case the Customer materially breaches any provision of this Agreement. In such cases WAVE will cancel the Agreement in writing.

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Simplified:
This is a fixed-term agreement for 24 months. Typical cancellation terms apply; you are allowed to cancel the agreement by paying the remainder of the contract to us.

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3. Ownership of the WAVE system.
3.1. The ownership will pass to the Customer once the WAVE system has been paid in full. The liability for risk of the WAVE system will pass to the Customer once the WAVE system is shipped to the Customer.
3.2. The Customer shall be liable for all payments of the WAVE system even though he/she has given the WAVE system to another person for use.
3.3. Even if the WAVE system is stolen, disappears, or breaks, the Customer shall be liable to pay WAVE the agreed monthly payments.
3.4. The Customer shall solely be liable for information security and to protect the WAVE system.

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Simplified:
Once you have paid the device in full, it’s yours. During the contract period you are responsible for the WAVE system.

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4. Price of the WAVE system, monthly payments and payment terms.
4.1. The price stated in the order confirmation will include value added tax if applicable.
4.2. During the Agreement Period the monthly payment will consist of the WAVE system. After the Agreement Period the WAVE system will be fully paid, and monthly payments for the WAVE system will terminate.
4.3. The Agreement Period and the Customer’s obligation to pay the monthly payments will begin once the Customer has purchased the WAVE system. Customer provides WAVE with the necessary payment instrument details that enable WAVE to charge the monthly payments. The default payment instrument is credit card.
4.4. WAVE may at its discretion support alternative payment instruments for its Business Plan customers, such as invoicing.
4.5. WAVE is entitled to claim an interest set forth by the applicable legislation for any delayed payments. WAVE is entitled to claim reasonable expenses incurred due to collecting the delayed payment from the Customer.

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Simplified:
This fixed-term contract covers WAVE system and is charged with fixed monthly payments. 

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5. Warranty.
5.1. The warranty terms and conditions, which form part of and are incorporated into these general terms and conditions of sale by reference, are available for you on the WAVE website. Such warranty terms and conditions may also be contained in your WAVE system product packing. Such limited warranty covers WAVE products only; it does not cover any software, services or any other products.
5.2. Customers who are covered by consumer protection laws or regulations in their country of purchase or country of residence, the benefits granted by WAVE’s one (1) year limited warranty operate alongside the statutory rights and remedies conveyed by such consumer protection laws and regulations.

 

Simplified:
WAVE system warranty is 1 year if not otherwise regulated by your local authorities. For example, for the WAVE systems sold in the EU a standard 2 year warranty is applied.

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LAWS & JURISDICTIONS.
Contracts for the purchase of Products placed through theWAVEdds.com website and online store (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to those Contracts or their formation) will be governed by and construed in accordance with U.S. law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the United States, States of Connecticut and Delaware.

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LANGUAGE.
The language of the Contract shall be English.

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