Last Revised: August 24, 2023

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2. Newr Pre-Order Terms and Conditions
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4. These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders with Newr (“we”, “us”, or “Newr”) for Chef; the battery-powered, portable induction stove top; or such other products as may be made available from time to time (collectively, the “Products”). Please read these Terms carefully before submitting any pre-orders to Newr. By submitting a pre-order, you agree to be legally bound by these Terms. 
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6. Your Pre-Order and Required Information. When you place a pre-order for any Newr Products, you will be required to provide certain information, including your name, address or related shipping details, and billing information. You represent and warrant that all such information is accurate and that you will ensure that such information is kept current during the duration of your pre-order. Newr shall have no responsibility or liability arising out of or relating to inaccurate information, including with respect to information that is accurate at the time of your pre-order but later becomes inaccurate or outdated, and further shall have no obligation to attempt to determine the correct or updated information. You can update your information at any time prior to the Products being shipping via email to sales@newrcompany.com. 
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8. You acknowledge and agree that Newr may decline or delay pre-orders at the time of placement for any reason that it deems necessary and appropriate. If Newr declines or delays any pre-order, we will make all reasonable efforts to inform you of the same as promptly as possible, but in any event within two (2) weeks of from receipt of your pre-order. In the event that we decline your pre-order, you will receive a full refund of any amounts paid. 
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10. Payment and Fees. You will be charged the full price, or such other price is as agreed between you and us, for the Products at the time which you place your pre-order. The purchase price listed on our website does not include taxes or other government fees or duties which may be applicable, and all such taxes and fees are your sole responsibility. All partial pre-order purchases require full paid balance due two (2) weeks after receiving a notice from Newr that your Product is ready for delivery.
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12. By placing a pre-order, you expressly acknowledge and agree that Newr is authorized to charge the full price, or such other price as is agreed between you and us, for the Products at such time. 
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14. Delivery. Newr will use commercially reasonable efforts to begin delivery of your Products as soon as practicable, but there may be issues with the manufacturing and assembly of the Products which are out of our control and you acknowledge and understand that there may be delays. We will manufacture the Products in accordance with the order in which we receive pre-orders, but any estimated time of delivery which is provided, either at the point of pre-order or at a later date, is only an estimate and is subject to change. Newr does not represent and warrant that it will be able to deliver the Products in accordance with any estimated time of delivery, and you expressly acknowledge and agree that Newr shall not be liable in connection with nor responsible for any damages that may occur due to any such delay. We will use commercially reasonable efforts to provide you with periodic updates regarding delivery of the Products.
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16. Notwithstanding any of the foregoing, we may need to manufacture, use and offer Products for a variety of commercial purposes, including but not limited to internal and third-party testing, evaluation, display, and similar use cases, prior to fulfilling any or all pre-orders. You acknowledge and agree that any such usage will not be a violation of these Terms with respect to your pre-order. 
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18. Cancellation.  We hope to provide you with your Products very soon, but if for any reason you decide to cancel your pre-order you may do so at any time prior to receiving a notice from Newr that your Product is ready for delivery. As long as you notify us of your intent to cancel your pre-order prior to receiving such notice from Newr, you will receive a refund of the fees paid minus any applicable processing fees or assessments.  
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20. Privacy. We may use any information that you provide or which we otherwise collect about you for our own purposes, but will do so in accordance with the terms of our Privacy Policy.
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22. Limitation of Liability. NEWR’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS PROVIDED HEREUNDER, SHALL BE A FULL REFUND OF THE AMOUNTS PAID BY YOU FOR THE PRODUCTS WHICH YOU HAVE PRE-ORDERED. IN NO EVENT WILL NEWR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS PROVIDED HEREUNDER.
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24. Disclaimer. NEWR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS AVAILABLE FOR PRE-ORDER HEREUNDER, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS. 
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26. Changes to these Terms. These Terms may be updated from time to time, with or without notice to you. We will post any changes to these Terms here, and such changes will be effective as of the date of posting. In the event that you are unhappy with any changes, your sole and exclusive remedy will be to cancel your pre-order in accordance with Section 4 above. 
27. Miscellaneous. These Terms are the entire agreement between you and Newr pertaining to the subject matter and supersede any prior agreements, representations and understandings of the parties. The failure by a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms are governed by and shall be construed in accordance with the laws of the State of Indiana. The parties expressly agree that in the event of any controversy or claims, the exclusive venue for the resolution thereof shall be the state or federal courts located in Marion County, Indiana. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.