Sales and Installation Agreement
Terms and Conditions
These
are the terms and conditions upon which AirBlaster, LLC dba AirBlaster
Wireless Networks, ("AirBlaster") makes all sales and
installations. Acceptance of all purchase orders is expressly made
conditional upon Customer's acceptance, expressed or implied, to the
terms and conditions set forth herein without modification or
addition.
1.
ACCEPTANCE Customer's
acceptance of these terms and conditions shall be indicated by any of
the following, whichever first occurs: (a) Customer's making of an
offer to purchase Product from AirBlaster; (b) Customer's written
acknowledgment hereof; (c) Customer's acceptance of any shipment of
any part of the items specified for delivery (the
"Products"); or (d) any other act or expression of
acceptance by Customer. AirBlaster’s acceptance is expressly limited
to the terms and conditions hereof in their entirety without addition,
modification or exception.
2.
DELIVERY
Delivery shall be made in accordance with AirBlaster’s shipping
policy in effect on the date of shipment. Title to, and all risk of
loss or damage with respect to the Products shall pass to Customer
upon delivery by AirBlaster to the carrier or Customer's
representative at AirBlaster’s distribution location or by direct
delivery by AirBlaster to the Customer.
3.
PRICE AND PAYMENT
Customer shall bear all applicable federal, state, municipal and other
government taxes (such as sales, use and similar taxes). Exemption
certificates must be presented prior to shipment if they are to be
honored. Unless otherwise specified, payment terms are COD, prepaid
credit card or wire transfer. All unpaid invoices shall bear interest
at an amount equal to 1-1/2% of the outstanding balance per month (or
the maximum rate of interest allowed to be contracted for by law,
whichever is less), commencing upon the date payment is due.
AirBlaster retains (and Customer grants to AirBlaster) a security
interest in the Products to secure payment in full and compliance with
all sales agreements, and Customer agrees to execute any additional
documents necessary to perfect such security interest upon request by
AirBlaster.
4.
PRODUCT WARRANTY The Customer hereby agrees to the terms and conditions of
the product warranty, if any, issued by the Product’s Manufacturer.
AirBlaster
makes no representations or warranties of any kind with respect to the
Products.
THE SERVICES PERFORMED AND PRODUCTS PROVIDED ARE PROVIDED “AS IS”
AND AIRBLASTER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. AIRBLASTER WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR
EXPENSE FOR BREACH OF WARRANTY.
5.
LIMITATION OF LIABILITY
AirBlaster shall not be liable under any circumstances for any
special, consequential, incidental, PUNITIVE or exemplary damages
arising out of or in any way connected with the agreement to sell
Product to Customer or to configure, setup or install Product for the
Customer, including, but not limited to, damages for lost profits,
loss of use, lost data or for any damages or sums paid by Customer to
third parties. In no event shall AirBlaster’s liability exceed, in
the aggregate, the amounts paid to AirBlaster under this agreement.
The foregoing limitation of liability shall apply whether any claim is
based upon principles of contract, warranty, negligence, tort or
otherwise.
6.
DATA
SECURITY
Information transmitted through wireless networks and through the
Internet in general has varying levels of security. Customer hereby
fully accepts the responsibility for network security and agrees to
hold AirBlaster harmless for any intrusion or data interception by
third parties. Customer is responsible to ensure that all computer
data is adequately backed up, duplicated and documented. AirBlaster
shall not be responsible for any lost data nor for the cost of
restoring data lost during the course of the performance of services
hereunder.
7.
GENERAL
These terms and conditions shall constitute the final, complete and
exclusive agreement of the parties with respect to all sales and
installations by AirBlaster to Customer and shall supersede all prior
offers, negotiations, understandings and agreements. Any waiver by
AirBlaster of one or more of these terms and conditions or any
defaults hereunder shall not constitute a waiver of the remaining
terms and conditions or of any future defaults hereunder. No failure
or delay by either party in exercising or enforcing any right
hereunder shall operate as a waiver thereof or preclude any other
exercise or enforcement of rights hereunder. Any provision of these
terms and conditions that is prohibited or unenforceable under the
laws of the State of Colorado shall be ineffective to the extent of
such prohibition or un-enforceability, without impairing or
invalidating the remaining provisions of these terms and conditions.
All sales agreements shall be deemed made in, and shall be governed
by, the laws of the State of Colorado. The venue for any disputes
arising out of any sales agreement shall be, at AirBlaster’s sole
and exclusive option, Arapahoe County, Colorado, USA.