Effective Date: March 17, 2026 | Last Updated: March 17, 2026
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Bluewave Cryogenics, Inc. ("Company," "we," "us," or "our"), a corporation incorporated under the laws of the State of Hawaii, United States of America. By placing an order, signing a purchase agreement, or otherwise engaging with our products or services, you agree to be bound by these Terms. If you do not agree, please do not proceed with any purchase or engagement.
Bluewave Cryogenics designs, manufactures, and sells liquid nitrogen generators and related cryogenic equipment and accessories ("Products"). All Products are intended for lawful commercial, industrial, laboratory, and medical use in accordance with applicable federal, state, and local regulations governing the handling, storage, and use of cryogenic materials and equipment. Customers are solely responsible for ensuring their use of our Products complies with all applicable laws and safety regulations.
All quotations are valid for thirty (30) days from issuance unless expressly designated otherwise in writing. All orders are subject to acceptance by Bluewave Cryogenics. Prices are quoted in U.S. dollars and are subject to change without notice prior to order confirmation. Quoted prices do not include applicable taxes, shipping, freight, insurance, installation, or customs duties unless expressly stated in writing. We reserve the right to decline or cancel any order at our discretion.
All accepted orders are firm contracts. Customer may cancel an order only with Bluewave Cryogenics' prior written consent. In the event of an approved cancellation, Customer shall reimburse Bluewave Cryogenics for all direct costs incurred, including applicable overhead, materials, labor, and a reasonable profit margin as determined by Bluewave Cryogenics. Custom-configured, built-to-order, or special-order Products may not be cancelled once production has commenced.
Standard Terms — NET 30: Registered organizations that have completed and passed a Bluewave Cryogenics credit application and approval process are eligible for NET 30 payment terms. Payment in full is due within thirty (30) days of the invoice date.
Accounts not approved for credit terms or first-time customers are required to remit full payment prior to shipment. Accepted payment methods include wire transfer, ACH, and company check. Credit card payments may be accepted subject to applicable processing fees.
Overdue balances will accrue interest at a rate of 1.5% per month (18% per annum), or the maximum rate permitted under Hawaii law, whichever is lower. Bluewave Cryogenics reserves the right to suspend or terminate service for accounts with outstanding balances.
Title to all Products shall remain with Bluewave Cryogenics until payment in full has been received, including all applicable fees, taxes, and charges. Until title passes, Customer shall hold the Products as bailee and shall not encumber, transfer, or otherwise dispose of the Products without prior written consent. Bluewave Cryogenics reserves a purchase money security interest in all Products delivered to Customer pending full payment, and Customer authorizes Bluewave Cryogenics to file any financing statements necessary to perfect such interest.
Delivery timelines provided at the time of order are estimates only and are not guaranteed. Risk of loss or damage to Products passes to the Customer upon delivery to the carrier. Customers are responsible for inspecting all shipments upon receipt and must notify Bluewave Cryogenics of any visible damage or shortage within five (5) business days of delivery.
Returns of standard, unmodified Products in original condition may be authorized within thirty (30) days of delivery, subject to prior written approval from Bluewave Cryogenics. All returns must be accompanied by a Return Merchandise Authorization (RMA) number issued by our team.
A restocking fee of 20% of the original invoice value will be applied to all approved returns. Shipping and freight costs associated with the return are the sole responsibility of the Customer. Products that have been installed, modified, used, or are not in resalable condition will not be accepted for return.
Custom-configured, built-to-order, or special-order Products are non-returnable and non-refundable.
Bluewave Cryogenics warrants its Products against defects in materials and workmanship for a period of twelve (12) months from the date of delivery to the original Customer ("Warranty Period").
During the Warranty Period, Bluewave Cryogenics will, at its option, repair or replace any defective component at no charge to the Customer. This warranty covers both parts and labor. Travel expenses, freight, and other costs associated with on-site service calls may be subject to separate terms depending on Customer location.
This warranty does not cover:
To initiate a warranty claim, Customer must contact Bluewave Cryogenics during the Warranty Period with a description of the defect and proof of purchase. Warranty service is available only to the original purchaser and is non-transferable.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLUEWAVE CRYOGENICS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEWAVE CRYOGENICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE OUR PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
Customer agrees to defend, indemnify, and hold harmless Bluewave Cryogenics, Inc. and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's use, handling, installation, or operation of the Products; (b) Customer's breach of these Terms; (c) any third-party claim arising from Customer's products, services, or operations incorporating our Products; or (d) Customer's violation of any applicable law or regulation.
Bluewave Cryogenics shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, pandemics, war, terrorism, labor disputes, government actions, embargoes, supply chain disruptions, or failures of third-party suppliers or carriers ("Force Majeure Event"). In the event of a Force Majeure Event, Bluewave Cryogenics shall notify Customer as soon as practicable, and performance obligations shall be suspended for the duration of the event. If a Force Majeure Event continues for more than ninety (90) days, either party may terminate the affected order upon written notice without further liability.
Bluewave Cryogenics' Products and technical data may be subject to U.S. export control laws and regulations, including the Export Administration Regulations ("EAR") administered by the U.S. Department of Commerce and applicable sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). Customer agrees to comply with all applicable export control laws and regulations and shall not export, re-export, transfer, or otherwise provide any Product or technical data to any country, entity, or individual prohibited by U.S. law without obtaining proper authorization. Customer represents that it is not on any U.S. government denied-party list.
All technical documentation, product specifications, drawings, pricing, trade secrets, and other non-public information disclosed by Bluewave Cryogenics to Customer in connection with any order or evaluation ("Confidential Information") shall be held in strict confidence. Customer shall not disclose Confidential Information to any third party without prior written consent and shall use it solely for the purpose of operating or evaluating the Products. This obligation survives termination or expiration of any purchase agreement. Customer shall promptly return or destroy Confidential Information upon request.
Cryogenic equipment involves inherent risks. Customer assumes full responsibility for the safe installation, operation, and maintenance of all Products in accordance with applicable OSHA standards, NFPA guidelines, local building codes, and any other regulations governing cryogenic materials and pressurized equipment. Bluewave Cryogenics is not responsible for injuries, damages, or violations resulting from Customer's failure to adhere to applicable safety standards.
All trademarks, trade names, logos, product designs, documentation, and other intellectual property associated with Bluewave Cryogenics Products are the exclusive property of Bluewave Cryogenics, Inc. No license or right to use any such intellectual property is granted except as expressly set forth herein. Customer shall not reproduce, reverse engineer, or create derivative works from our Products or proprietary materials without prior written consent.
These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the purchase of our Products shall first be submitted to good-faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration in Honolulu, Hawaii, in accordance with the rules of the American Arbitration Association. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
Bluewave Cryogenics reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Continued purchase or use of our Products after such changes constitutes acceptance of the updated Terms. For orders already in progress, the Terms in effect at the time of the original order confirmation shall apply.
For questions regarding these Terms, please contact us:
These Terms and Conditions are governed by the laws of the State of Hawaii and applicable federal law. Any legal proceedings shall be conducted in the appropriate courts of Hawaii.