AWS Statement of Terms and Conditions

USE:  Notwithstanding any terms to the contrary, agreed upon in writing by AWS and its customer, each customer order shall be deemed to be under the Terms and Conditions as described herein.

DELIVERY:  Delivery schedules will be quoted on a case-by-case basis, please refer to the Delivery section on the quote.  Lead-time will begin when the signed quote, purchase order and down payment is received and approved at AWS’s home office.  AWS will use its best efforts to accomplish delivery by the indicated delivery date.  However, AWS will not be liable for any expenses or damages incurred as a result of actual delivery after such delivery date.

SHIPPING:  Customer agrees to pay the appropriate freight charges for all shipments from AWS’s office.  Customer assumes risk of loss of, or damage to, the shipment from the time of delivery to a carrier at AWS’s point of shipment.

ACCEPTANCE:  The acknowledgement of Customer’s purchase order shall constitute AWS’s agreement on the prices specified therein, and Customer’s agreement to accept delivery of product.

ANNUAL SUPPORT PLAN (ASP): Activates thirty days after the first software license is registered.

PRICE:  All price quotes are valid for thirty days from the quotation date.  The prices quoted do not include travel and living expenses, shipping costs, any federal, state or local excise, sales, property, use or similar taxes, all of which shall be paid by the Customer, if applicable.  AWS has nexus in WI, ND, SD. All other states require customer to pay sales/use tax. All prices are quoted in USD.

PAYMENT:  Terms of payment are included on the quote; please refer to the Payment Terms section.  If not specified, payment is due thirty days net from date of invoice.  Terms of payment for destinations outside the United States and Canada are net cash by irrevocable letter of credit or by payment with, or in advance of, order.

DELINQUENCIES:  AWS reserves the right to delay or suspend service if Customer’s account is delinquent or past due.  This applies to both phone support and on-site service calls.

CUSTOMER RESPONSIBILITIES:  To assure a smooth installation, the Customer shall provide the requirements as stated on the System Requirements and Responsibilities, Computer Specifications, and the Scope of Work or Cycle of Operations included in the quote.

SERVICE OF PRODUCT:  All AWS products are to be serviced at AWS’s manufacturing facility, unless written agreements specify otherwise.  All products to be serviced must be freight pre-paid, both in-warranty and out-of-warranty.  Reshipment from AWS will be via UPS ground, unless specific instructions are given otherwise.  In-warranty return shipping charges shall be paid by AWS.  Out-of-warranty return shipping charges shall be paid by the Customer.  Premium delivery surcharges shall be borne by the Customer.  A return material authorization (RMA) number must appear on all product returned to AWS. If on-site service is required, please see item 11. Billable Service Calls.

WARRANTY:  For a period of one (1) year after the date of installation, AWS warrants the product to be free from defects in material and workmanship.  Expressly excluded from AWS’s obligations are any damages to or failure of the System caused by other than latent defects in the design or manufacture of the equipment compromising the System, and reasonable wear-and-tear resulting from normal use.  Conditions not covered by this warranty include, but are not limited to, misuse, negligence, accident, theft or unexplained loss, abuse, abnormal temperature or other environmental extremes, unsuitable electrical conditions, fire, flood, lightning, wind, acts of God or public enemy, or improper wiring, installation, repair or alteration by anyone other than AWS.  Failure of the Customer to use the System according to the instructions provided by AWS shall void the warranty provided herein.

BILLABLE SERVICE CALLS:  All on-site service calls by an AWS technician will be billable to Customer.  Service call rates are available upon request.  Charges will include, but are not limited to, labor, materials, travel and living expenses.

LIMITATION/DISCLAIMER OF LIABILITY:  AWS shall not be liable for any indirect, incidental, special or consequential damages, loss or expense (including, but not limited to loss of use, revenue, or profit), directly or indirectly arising from Customer’s use of, or inability to use, the System either separately or in combination with other systems, or for personal injury or loss or destruction of other property, or from any other cause.  Customer hereby assumes and will bear the entire risk of direct and consequential loss or damage to the System or any part thereof from the time of delivery to a carrier at AWS’s point of shipment.  Customer shall indemnify AWS against and hold AWS harmless from any and all claims, actions, suits, proceeds, costs, expenses, damages and liabilities, including attorney’s fees claimed by any person, organization, association, or otherwise arising out of, or relating to the System, use, possession, operation and/or condition, thereof, arising out of any event on or after the date of delivery of the System to the installation location.

ADDITIONAL INSTALLATION AND CONSTRUCTION CHANGES: AWS has estimated the cost of the system and the cost of installation of the system based upon a reasonable review of the installation location.  However, should the installation of the system require additional material, labor or construction, either: a) not originally estimated because of hidden or unknown conditions, or b) which Customer may request or desire, or that may be necessary to accommodate the system or move or change any existing equipment, Customer agrees to pay all the additional charges associated with required material and work.  Additional labor will be charged if site callbacks are necessary due to delays caused by other equipment providers.  AWS will make reasonable efforts to notify Customer if additional installation or related charges will be incurred, however, because the information may not be known by AWS until the actual installation is underway, lack of notification of Customer by AWS shall not alter Customer’s obligation and agreement to pay all such additional charges.  Additionally, Customer hereby agrees to pay any additional installation or related charges incurred by AWS which are related to any delay or stoppage of work caused by the customer.

CUSTOMER’S RIGHT TO CANCEL, CHANGE ORDER, REFUND:  Customer shall have the right to terminate a purchase agreement unilaterally for a period of three (3) days after AWS’s acceptance of an order.  Thereafter, Customer may cancel its order, reduce quantities, revise specifications or extend schedules only by written agreement with AWS.  Customer may be liable for reasonable cancellation charges including, but not limited to, restocking fees, freight charges, employee labor charges and any materials or equipment special ordered for Customer which cannot be returned already incurred and commitments made by Seller. Customer must return the software to AWS within (60) days from date of purchase agreement in order to receive a refund of the software license(s) fee from AWS. NO REFUNDS will be issued after 60 days. Under no conditions does termination of the software license entitle you to a refund, in whole or part, of any amount you paid for labor and support charges.

LEASE AGREEMENT:  The leasing customer (Lessee) agreement is with the leasing company the Lessee selected, not with AWS. AWS is not responsible for the Lessor’s acts. Customer agrees the Lessor is not an agent of AWS, nor is AWS an agent of the Lessor.  AWS reserves the right to delay or suspend service if Customer’s account with the Lessor is delinquent or past due; this applies to both phone support and on-site service calls.

TELEMETRY MONITORING SERVICE (TMS):  AWS requires customers with a TMS to have a minimum of 250MB allowance per modem per month.  AWS does not have the authority to contact your cellular provider – any data plan changes or communications need to be initiated by the customer.  AWS is NOT responsible for any overage charges.