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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. AirBlasterís 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 AirBlasterís 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 AirBlasterís 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 Productís Manufacturer. AirBlaster makes no representations or warranties of any kind with respect to the Products. THE SERVICES PERFORMED AND PRODUCTS PROVIDED ARE PROVIDED ďAS ISĒ 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 AirBlasterís 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 AirBlasterís sole and exclusive option, Arapahoe County, Colorado, USA.



 


Terms and Conditions


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