Applicability of Terms and Conditions
The Terms and Conditions on this page will govern all sales by Narrowcomm LLC, a Utah Limited Liability Company (“us”, “we”) unless otherwise agreed to in writing, signed by an authorized agent of Narrowcomm LLC.. Terms and Conditions contained in Buyer’s purchase order or any other document that are different from or in addition to these Terms and Conditions are objected to, are rejected, and will not be binding on us. Buyer will be deemed to have agreed to these Terms and Conditions by issuing a purchase order number and upon receipt from us of a written acknowledgement of Buyer’s placement of an order. Notwithstanding the foregoing, if we at Buyer’s request, commence performance in any way prior to receipt by Buyer of our written acknowledgement, Buyer’s acceptance of these Terms and Conditions will be deemed to have occurred on the date such performance commences. If for any reason, our Quotation is deemed an acceptance of an offer made by Buyer, such acceptance is expressly conditioned on Buyer’s assent to these Terms and Conditions, which assent will be evidenced by the earlier of Buyer’s acceptance of items delivered by us or any other performance by Buyer or by us. We will proceed to sell items only if Buyer assents to these Terms and Conditions.
Products sold by us are not intended for use in life support or other medical devices or systems, life-critical applications, emergency response or safety related systems, or in connection with any product using nuclear power, or in the aircraft, aviation, aeronautical, aerospace, defense or related industries or for uses or in industries not otherwise provided in the product description. Any such use of products sold by us is at Customer’s sole risk, and Customer agrees to indemnify and hold us harmless from and against any loss, claims, damages, liability, or cost (including court costs and attorney’s fees) resulting from such use or sale by our Customer or any customer of our Customer. Due to the numerous factors affecting the operating range of radio frequency systems we specifically do not guarantee operating range. Customers are urged to contact a local Professional Installer for assistance in designing and installing any Products. Therefore any assistance or advice provided by one of our employees or representatives in selecting equipment is given on a best-effort basis, and should not be relied upon for final decision of product selection by Customer.
As a part of a commitment to continuous improvement, we may utilize systems to monitor incoming and outgoing telephone calls with customers to ensure quality of service.
Buyer agrees that all information furnished by or obtained from us in connection with the sale of items hereunder will be confidential, other than information we publicly disclose on narrowcomm.com, and Buyer agrees not to (i) disclose any such information to any other person, or (ii) use such information for any purpose, other than performing this contract.
International orders may be subject to any applicable customs duties, VAT, and taxes in the country of destination, all of which are the responsibility of the customer. If this transaction involves an export under Export Administration Regulations, the products exported by us are exported in accordance with the current Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Libya, Sudan, North Korea or Syria or to other countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software.
Jurisdiction and Venue
Customer agrees that any legal action brought against us shall be governed by the laws of the State of Utah without regard to its conflict of law principles. Customer agrees that the sole jurisdiction and venue for any litigation arising from any purchase shall be an appropriate federal or state court of competent jurisdiction located in Utah County, Utah.
Limitation of Liability
In no event shall we, our Directors, Officers, Employees and Representatives be liable for indirect, special, incidental, consequential, punitive or other damages including but not limited to loss of use, loss of data, loss of business income or profits or breach of implied warranties of any kind arising out of the purchase, use or performance of the Products, whether or not it has been advised of the possibility of such damages. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Remedies and Limitations on Remedies
In the event of any material breach of the warranty, we will, at our sole option, credit Buyer’s account or repair any defective goods or furnish a replacement part or goods, all subject to Buyer providing written notice of the alleged breach within the time required. The remedies set forth herein shall be the sole and exclusive remedies available to buyer so that our credit of Buyer’s account or repair or replacement is a fulfillment of all our obligations. We shall not be liable for any special, consequential, incidental or punitive damages of any kind, nor under any circumstance shall we be liable for damages beyond the price of the goods purchased by Buyer, whether in contract, in tort or under any warranty or other use.
Any notice to us required or permitted hereunder will be deemed to have been effectively delivered if in writing and served by personal delivery to us or sent by registered or certified mail with return receipt requested, postage prepaid, to us at the address specified.
Your receipt of an email or other form of order confirmation does not constitute our acceptance of your order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. All orders are subject to review and acceptance by us. Verification of information may be required prior to the acceptance of any order.
Pricing and Specifications
All prices and specifications are subject to change without notice. We reserve the right to change pricing, products and specifications, or discontinue items at our sole discretion for any reason whatsoever including, but not limited to changing market conditions, product discontinuation, component unavailability, manufacturing cost changes and errors in advertisements.
Customers wishing to return products must first obtain a Return Material Authorization (RMA) number from a Customer Service representative. This number must be printed on the outside of the package in order for it to be received and processed. Merchandise must be shipped prepaid. We will determine if credit will be issued upon evaluation of the product and packaging after it’s returned to us. Other details concerning returns are as follows:
Stock Item Returns
With the exception of non-cancelable, non-returnable (NCNR) items, other items ordered in error must have a Return Material Authorization (RMA) number issued within 30 days of the original order. These parts are eligible for full credit only if the returned products and packaging are in mint and salable condition. A repackaging/restocking charge not to exceed 25% of the sale price may be charged on any products not returned unopened. Under no circumstances will credit be issued after 30 days from date of invoice or for orders exceeding $500.00 in total value. All freight charges are the responsibility of the customer.
Custom Product and Tool Returns
Custom Products and tools are non-cancelable, non-returnable (NCNR) items and are not returnable for any reason unless they are found to be defective.
Defective Item Returns
Defective items must have a Return Material Authorization (RMA) number called in prior to shipping.
Sales and Use Tax
Any Narrowcomm LLC orders shipped to or picked up in Utah will include applicable sales tax. The Customer must pay this tax to Narrowcomm LLC unless the Customer provides a valid “Exempt or Resale Certificate” for the applicable state when establishing their account. Customer shall be solely responsible for all sales or use taxes, or other taxes, on orders shipped to any other state. Sales tax will be charged on product cost and shipping and handling where applicable and required by law.
Shipping and Processing
All orders are shipped FOB our place of business in Utah. The minimum shipping and processing charge for domestic ground shipments is $25, and for international shipments $50.
Claims for shortages must be reported within 5 business days of receiving the order, otherwise these orders will be deemed as complete.
Tolerances and Variations
Except in the particulars specified by Buyer and agreed to in writing by us, the goods being sold to Buyer will be produced in accordance with our standard practices. All goods, however, including those produced to meet an exact specification, will be subject to tolerance and variations consistent with good manufacturing practices in regard to dimension, weight, section, composition, mechanical and electrical properties; to normal variations in surface and internal conditions and in quality; and to deviations from tolerances and variations consistent with practical testing and inspection methods.
Each party agrees to comply with all applicable governmental regulations including, but not limited to, the requirements of Arms Export Control Act, 22 U.S.C.27512794, the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq., and the Export Administration Regulations, 15 C.F.R. 730774 as they relate to the import, export, re-export, transfer or re-transfer of information and/or Products and/or Buyer or Seller Property. Without limiting the foregoing, neither the Buyer nor the Seller shall disclose or deliver any information or Products and/or Buyer or Seller Property provided hereunder in any manner contrary to any applicable export or import laws and regulations. The Buyer and the Seller acknowledge that these laws and regulations impose restrictions on import, export and transfer to third countries of certain categories of information and products, and that authorizations or licenses from the applicable regulatory agency may be required before such information and Products and Buyer or Seller property can be disclosed or delivered hereunder, and that such authorizations or licenses may impose further restrictions on use and further disclosure or delivery of such information and Products and/or Buyer or Seller Property.
The Seller shall not be liable for delays or refusals by governmental authorities or other authorities to grant licenses or approvals, nor for suspension or revocation thereof, nor for changes in export classification. Buyer must deliver requested information, including requested end-user information, necessary for export licenses to be granted, and or necessary for the Seller to determine if a license or other type of authorization is required.
We warrant our manufactured products and assemblies for a period of one year from time of purchase. These products are warranted against defects in workmanship or materials under normal use. We cannot warranty our products in case of misuse, acts of God, or consequential damage. Alteration of product cancels all warranties. Under no circumstances will we be responsible for any damage beyond the replacement cost of the defective merchandise. We reserve the right to repair or replace any products that are returned under warranty. This warranty applies to the original purchaser only and is not transferable. This limited warranty covers normal use. The limited warranty does not cover damage incurred during shipment, caused by impact with other objects, dropping, immersion in liquid; service by anyone other than us, use not in accordance with instructions, accident, abuse, misuse, natural disasters such as flood, fire, earthquake or lightning, power surges and problems caused by use of power supplies whether or not supplied by us. Warranty coverage will not apply in the event the serial number or brand-name has been removed, altered or defaced. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WE EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
Updated December 13, 2016