Streakwave Wireless Inc. Terms And Conditions of Sale

These Terms and Conditions of Sale (Terms & Conditions) apply to all sales of products and services (Products) by Streakwave Wireless, Inc. (Streakwave), its subsidiaries and affiliates to you (the Customer).

CUSTOMERS (Definition)
Anyone is eligible to place an order with Streakwave. Purchasers are classified as resellers, integrators, consultants, service providers, government agencies, healthcare, enterprise, educational and self service end users (consumers). We prefer to sell wholesale and would prefer individuals needing additional service(s)/support call their local service provider or a reseller.

ACCEPTANCE
Customers will be deemed to have accepted these Terms & Conditions by placing an order with Streakwave. Streakwave’s acceptance of Customer’s order is considered Customer’s acceptance of these Terms & Conditions.

MINIMUM ORDER / QUANTITY
Streakwave has NO MINIMUM quantity or dollar amount on orders for existing customers. However, we ask that you use good judgment. A low valued item or quantity may cost you as much to ship as the items are worth.

ORDER AND SHIPMENT
Streakwave will not be bound by any terms and conditions set forth by customer unless previously agreed to by Streakwave management in writing. Unless otherwise agreed in writing, delivery will be made in accordance with Streakwave’s shipping policy on the date of order. All shipments of Products by Streakwave will be FOB point of origin. Insurance coverage, transportation costs and all other expenses applicable to shipment from Streakwave to the Customer’s identified delivery place will be the responsibility of the Customer. Customer must notify Streakwave, by calling Streakwave within seven (7) days after delivery of any claimed shortages or rejections. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in Streakwave’s sole power and discretion. In the event that Streakwave grants a short shipment claim, Streakwave will replace the lost or damaged Product or issue a credit memo at its sole discretion.

SHIPPING METHOD
Streakwave ships all standard orders via United Parcel Service (UPS) GROUND unless otherwise directed/requested. If you would prefer a specific freight carrier please specify when ordering. Requesting carriers other than UPS may cause delays in order processing. For established customers, Streakwave is happy to ship your order via 3rd party collect. In order to ship 3rd party, your account number along with the billing zip code is required prior to shipment; please specify your requested carrier and information when you order. Please understand, requesting shipment of a 3rd party carrier other than UPS may cause a delay in order processing / shipment.

Streakwave allows orders to be will called at each of its 3 sales and distribution facilities. Please contact our sales department or your Account Manager for will call pick up scheduling so that your order may be ready upon arrival.

For ALL International orders, the required paper work besides commercial invoices and other standard shipping documents is the sole responsibility of the purchasing party. In addition, All Duties, Taxes and Fees are the responsibility of the receiving party.

DELIVERY SCHEDULES
At the time of purchase, we will always check current inventory levels and let you know when your order can ship. Streakwave Wireless, Inc. has 3 sales and distribution facilities. Orders for multiple line items may ship from multiple locations. All parcel shippable orders placed before 3:00 PM Pacific Standard (12:00 PM Eastern Standard Time) usually ship the same day. Express air delivery shipments ordered before 4:00 PM Pacific Standard Time (1:00 PM Eastern Standard Time) will usually ship the same day. All shipments (both Ground and Express) are subject to stock and availability in/from each location. Truck shippable items may take a minimum of 24 hours to process and schedule a pick up.

DAMAGE CLAIMS
If an item is damaged during shipping please notify the delivery driver immediately. Orders (both verbal and online) made to Streakwave are NOT INSURED unless expressly requested in writing. All items must be inspected at the time of delivery. Any failure to notify Streakwave of a damaged product within 3 days of receipt may forfeit your claim to the shipping company. Streakwave is not responsible for damaged product that is NOT INSURED. Customer is responsible to retain all packaging material required for inspection by shipping carrier. Failure to do so may result in denial of your claim.

*IMPORTANT*: Even if you suspect damage, write "possible concealed damage" on the freight bill. With this statement you will be able to file a claim with the shipping company should you later discover damage.

PAYMENT

NEW ACCOUNTS
New accounts will be shipped pre-paid only. We accept payment via wire transfer, PayPal (contact@streakwave.com), or credit card. We gladly accept these major credit cards; Visa, MasterCard, Discover and American Express. For international customers payment in advance is required via wire transfer. International customers may be charged a $35 dollar wire transfer fee. If the order is under $1000.00 USD a credit card may be accepted. A copy of your government identification and front and back of your credit card are required. If we are unable to verify the authenticity of the credit card your order will be denied. All products are sold in US Dollars.

NET ACCOUNTS
Upon Approval; Payment is due from date of invoice, not receipt of goods according to terms allowed. All payments will be made in US Dollars. Customers will pay a late fee of one and one half (1.5%) per month of any outstanding balance owed, or the maximum amount permitted under applicable law. Streakwave reserves the right to withhold shipment of any part of an order or to require pre-payment of any given shipment if Customer does not make timely payment(s). If an account goes past due more than 3 times in a given year Net Terms will be forfeited and pre-payment will be required for 6 months prior to terms being reconsidered. Customer will pay and is responsible for all applicable taxes, duties, licenses, excises, and tariffs (taxes) levied upon the sale, purchase or delivery of the Products. Streakwave may require a valid major credit card to be kept on file, reserving the right to charge the credit card on file including applicable finance charges of up to 3% if payment is not received by the date due. A credit card authorization form must be filled out, signed and returned prior to terms approval.

PRICING
Streakwave’s pricing is "level" / volume based and accounts are reviewed monthly. All new accounts are created at the first tier pricing level. For information on our tiered pricing structure please contact our sales department or your Account Manager. General prices for products are displayed online and applicable discounts are shown after logging into your account or set by agreed upon pricing arrangements, which do not include applicable; duties, taxes, fees or shipping costs. Quotations generated online or by our sales personnel are valid for 30 days unless specified in writing. You may recheck current pricing by re-pricing the quote online or requesting a new/updated quotation from our sales department or your Account Manager. We are not responsible for discrepancies / typographical errors made by us, online, or those listed on product spec sheets created by the manufacturers we represent. Pricing is subject to change without notice.

INVENTORY / BACK ORDERS
Streakwave does our best to maintain stock levels on most items in our product offering. If an item is out of stock we will notify you immediately and do our best to advise of an estimated ship date based on the delivery schedule provided to us by the manufacturer. In addition, we will do our best to inform you of manufacture delays that we become aware of. Please be assured that we will fulfill your order as soon as possible. If you desire to purchase an item we do not normally stock, or one you do not see on our website we will be happy to special order it for you. Special orders are non-cancelable and non-refundable and require pre-payment in full. We will gladly accept prepaid advanced orders to guarantee future stock.

TECHNICAL SUPPORT
Streakwave provides first tier technical support on all products it offers provided the manufacturer has provided training. Please contact your Account Manager or one of our sales people who may assist you with your questions. BE SMART, some manufacturers require service contracts to be purchased with their products to receive technical support. We recommend you read the user manual on all products prior to calling us for technical support.

WARRANTY
Streakwave Wireless, Inc. is a wholesale master stocking distributor. Purchases are made at your own risk and all sales are final. Streakwave makes no warranty on any products it does not manufacture and passes through any manufacturer warranties issued for the products it represents. Warranty returns are subject to the individual manufacturers warranty return policy. Warranties vary by manufacturer. Please consult the manufacturer of the product purchased regarding their warranty policy prior to contacting Streakwave. If the Product purchased is determined to be within the manufacturers’ warranty policy Streakwave will assist in obtaining warranty service. If you have trouble obtaining the warranty policy from the manufacture, please contact your Account Manager or one of our sales people for individual manufacture warranty procedures. BE SMART, some manufacturers require warranties / service contracts to be purchased with their products. Streakwave is not liable for purchases made of products where warranties are sold as a separate line item(s).

DISCLAIMER AND LIMITATION OF LIABILITY STREAKWAVE WIRELESS, INC. MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCTS IT REPRESENTS. STREAKWAVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL STREAKWAVE BE LIABLE FOR ANY LOSS, DAMAGE OR COST OF OR BREACH OF WARRANTY. STREAKWAVE WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF STREAKWAVE HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRICIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT WILL STREAKWAVE’S LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS OF THE CLAIM.