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INSTALLATION AND MAINTENANCE MANUAL
E1 FAMILY
LICENSED & SPREAD SPECTRUM RADIOS
JUNE 2001
vii
W/CS97-1
DEFINITIONS
1.1 In these Conditions, unless there is something in the subject
matter or context necessarily inconsistent:
(a)
"Western Multiplex" means Western Multiplex (d.b.a. Western
Multiplex), Sunnyvale, CA;
(b)
"Equipment" means the equipment itemized on the
Quotation/Order Acknowledgment;
(c)
"International" means any location other than United States of
America and Canada, including their territories and possessions;
(d)
"North America" means any location in the United States of
America and Canada, including their territories and possessions;
(e)
"Order Acknowledgment" means the sales order acknowledgment
provided by Western Multiplex to the Customer;
( f )
"Payment Instructions" means Western Multiplex's payment
instructions, (Western Multiplex document P197-1);
(g)
"Quotation" means the quotation signed by an authorized
representative of Western Multiplex and provided to the
Customer;
(h)
"Shipping Date" means the actual date on which the Equipment
left Western Multiplex's factory at Sunnyvale, CA, U.S.A.;
(i)
"Warranty" means Western Multiplex's warranty, document W97-
1;
(j)
"Invoice" means the bill of goods prepared by Western Multiplex
for the equipment with the shipping and any insurance costs.
1.2 Headings have been inserted in these Conditions for
convenience of reference only and will not effect their
construction.
ENTIRE
AGREEMENT
2.1 The Quotation, these Conditions of Sale, the Order
Acknowledgment, the Payment Instructions and the Warranty
shall apply to all sales made by Western Multiplex and shall
constitute the entire agreement by Western Multiplex and the
Customer (the "Agreement ").
2.2 Any terms and/or conditions of sale, which may be included on
the Customer's purchase order form or any communication from
the Customer, that are not identical with the terms and conditions
steed in this document shall NOT become a part of the
agreement of sale unless expressly agreed to in writing in the
Quotation.
2.3 Western Multiplex's failure to object to any terms and/or
conditions of sale contained in any communication from the
Customer shall not be considered as acceptance of such terms
and/or conditions or as a waiver of the terms and conditions of
sale contained herein.
2.4 Western Multiplex shall sell to the Customer, and the Customer
shall purchase from Western Multiplex, the Equipment in
accordance with the Agreement. Western Multiplex accepts the
Customer's purchase orders for Equipment and agrees to deliver
the Equipment to the Customer only on the terms of the
Agreement.
2.5 No variat ion of the Agreement shall be binding unless agreed to
in writing by authorized representatives of Western Multiplex and
the Customer.
PRICING
3.1 All prices in the Quotation are exclusive of all shipping charges
and all applicable taxes including but not limited to, federal, state,
local, excise, sales and use taxes.
3.2 All prices in the Quotation unless otherwise stated:
(a)
for North American customers are FOB Sunnyvale, CA,
USA. (New York Uniform Commercial Code); or
(b)
for international customers are Ex-Works, Sunnyvale, CA,
U.S.A. (Incoterms 1990).
3.3 All prices in the Quotation include standard domestic packing,
unless a separate line item is provided detailing export or special
packing charges.
SHIPPING AND INSURANCE
4.1 Western Multiplex shall arrange shipping and insurance when
requested by the Customer, and shall bill the Customer for the
Equipment with the shipping and any insurance costs as separate
items, on an invoice (the "Invoice").
4.2 Delivery dates quoted by Western Multiplex are to be cons idered
estimates only. In no event will Western Multiplex be liable for
any loss or damage resulting from its failure to deliver products
within
a specified time.
CONDITIONS OF SALE
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