Terms and Conditions for Equipment/Product Sales

1. Connect802 Corporation, and/or its authorized sales and technical partners (Seller) MAKES NO WARRANTIES OTHER THAN THOSE DESCRIBED IN THIS PARAGRAPH AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, APPLICATION, OR INSTALLATION. Seller makes no warranties other than those honored by the manufacturer of the goods purchased. Buyer (including intermediate resale agents, distributors, or end-user customers) agrees that he has thoroughly investigated the products prior to making a purchase and buys them at his own risk. Unless otherwise agreed to by contract, Buyer agrees to assume all risk and responsibility for installation/setup and testing/troubleshooting costs such as but not limited to sales/technician time, tower rental, tower climbing, tower installation/remove, or travel expenses. Unless otherwise agreed to by contract, Buyer assumes all responsibility for the integration and interoperability of the equipment purchased from Seller with any products or software purchased from other vendors in the past and in the future. Unless otherwise agreed to by contract, Buyer assumes all risk and responsibility for any problems related to pilot programs, general roll-out schedule, and scalability issues with any hardware or software proposed or sold by Seller. Buyer assumes compete responsibility for and, agrees to indemnify and hold Seller and its officers, directors, agents and employees harmless from, and to assume the defense of, all claims, demands, actions, and cause of action, including attorney’s fees incurred as a result thereof on account of injury to any person or any property damage, arising out of the handling, storage, or use of said goods by Buyer or third persons after the same are delivered to Buyer or upon Seller’s delivery to carrier at shipping point, whether or not said goods are handled, stored, or used singly or in conjunction with other products. Seller does not guarantee that goods shall be free from patent infringements.
   
2. No claim of any kind, whether as to goods delivered or for nondelivery of goods, shall be greater in amount than the purchase price of the goods in respect of which such damages are claimed; and, failure to give notice of claim within 25 days from date of delivery, or the date fixed for delivery, respectively, shall constitute a waiver by the Buyer of all claims in respect to such goods. No charges or expenses incident to any claims will be allowed unless approved by an authorized representative of Seller. Seller’s liability for nonconforming goods is exclusively limited, at the Seller’s option, to replacement of the defective goods or refund of the purchase price of such goods and under no circumstances shall Seller be liable for incidental or consequential damages. Any claims for shortages must be made to Seller within seven (7) days of invoice date. Risk and expenses of loss or damage to all goods sold hereunder shall pass to Buyer upon Seller’s delivery to carrier at shipping point.
   
3. All returns must be authorized by Seller. An RMA (Returned Material Authorization) number issued by the Seller must accompany all returned material. Requests for returns must be made within 25 days of invoice date. RMA numbers are valid for 20 days from issue date. All stock returns must be new, in re-sellable condition, and in the original manufacturer’s packaging (all parts, packaging & manuals must be included and packed as originally shipped). Non-stock items and special orders including cable assemblies are not returnable. A restocking fee of 25% will be applied to items returned.
   
4. Charges may be made against a return in situations where Seller's technicians must perform on-site services to remove goods from Buyer's premises or when work, materials, or parts are required to restore goods to re-sellable condition.

Terms and Conditions for Services
(Including, but not limited to, RF Design, Spectrum Analysis, Connect EZ Predictive RF CAD Design, Consulting, and Installation)

1. Any radio system may experience problems related to unpredictable or unanticipated RF interference, noise, or other spectral events. Connect802 does not warranty or guarantee any work, or equipment usability, when such situations arise. In all cases, Connect802's liability will be limited to a refund of all monies paid by the customer for the service.
   
2. Connect802 will perform all RF consulting work in a professional manner and will attempt to correct, at no cost to the end-customer, oversights that may arise in conjunction with a project. This assurance does not extend to problems resulting from unexpected, or unnoticed characteristics of the RF environment at the customer's site. Connect802 will work towards solving problems that may arise out of RF spectral events but these services (or products) may be quoted and billed as additional work on a project, subject to the customer's approval. Customer's may opt to include a full Faraday Cycle Analysis as part of their pre-installation design work.
   
3. Every effort has been made to provide accurate, reliable placement, propagation pattern, and signal strength predictions in all RF design work performed by Connect802 Corporation. If you base any decisions on the information thus provided by Connect802, or on any other discussions with the RF engineering, sales or management team, you accept all liability for consequences arising from those decisions. You must consider the following points when applying an RF design to the real-world:
   • Component data are extracted from catalogs, brochures, and web page material provided by various vendors. Component specifications may change without notice and individual manufacturing tolerances, equipment damage, or incorrect installation may result in variations from published equipment specifications.
   • Architectural plans used in the preparation of an RF design may be incomplete, inaccurate, or inappropriate for their intended purpose. If Connect802 has not performed on-site measurements or confirmations of the specific characteristics of a site it is impossible to anticipate RF anomalies that may be present. All attenuation values, material composition descriptions, and site characteristics were obtained from sources believed to be correct but not independently verified.
   • Information obtained from subject matter experts and other authoritative sources may be used without independent validation and may be inaccurate.
   • The electromagnetic characteristics of any space are affected by a variety of complex interactions ranging from the 11-year sun spot cycle to microwave ovens and cordless phones. It is impossible to anticipate or model all of the possible environmental influences that may cause an RF design to be invalid.
     
4. If you base any decisions on the design provided by Connect802 you acknowledge that you have carefully considered the potential for error and you accept that risk. RF consulting work performed by Connect802, and the deliverable reports associated with that work, is provided on an as-is basis with no warranty or guaranty for accuracy. No warranty, express or implied, is made concerning consistency with any standard of merchantability, or that the information provided will meet your requirements for any particular application.
   
5. The information in a design report must not be relied upon for implementing a transmission system whose incorrect design, installation, or use could result in injury to a person or loss or damage to property, including but not limited to intellectual property or computer data.
   
6. Any liability shall be limited to a refund of all monies paid to obtain this report and there shall be no liability for loss or injury caused by its actions, omissions, or for contingencies beyond its control nor for decisions made or action taken or not taken in reliance upon the information furnished in this document.

Cancellations and Change Orders
When the Statement of Work for a project has been offered and accepted the discussed onsite dates are committed to the Connect802 work schedule. Each party is responsible for all scheduling and coordination of their own resources required for the project. In the event that the buyer cancels or reschedules a project after a Purchase Order or other firm committment has been accepted by Connect802 for the project, the buyer is liable for payment of any non-refundable travel or shipping expenses incurred as a result of the cancellation or rescheduling. In addition, the buyer may be liable for a fee in the amount of 50% of the labor (daily rate) fees based on the estimated completion time stated in the Statement of Work. Connect802 may, at their sole discretion, waive the reimbursement and/or payment requirements.

Terms and Conditions for Installation Service

1. Connect802 will perform all installation work in a professional manner and will attempt to correct, at no cost to the end-customer, oversights that may arise in conjunction with a project. This assurance does not extend to problems resulting from unexpected, or unnoticed characteristics of the RF environment at the customer's site or from unexpected construction characteristics that impact the physical installation of equipment. Connect802 will work towards solving problems that may arise out of RF spectral events but these services (or products) may be quoted and billed as additional work on a project, subject to the customer's approval.
   
2. Connect802 may utilize the service of sub-contractors in the performance of installation services.
   
3. Buyer assumes all liability for any sudden and unforeseen physical loss or damage to structures, infrastructure (electrical, plumbing, HVAC, or similar systems) or goods related to a project, from any cause, including any liability to third party persons and/or property. Such physical loss may be the result of (but not limited to): fire, lightning, explosion, malicious damage, theft and damage caused by thieves/intruders, accidental damage, flood/water damage, earthquake, landslide, or other unexpected movement of the ground, riot and strike, terrorism, breakdown due to short circuit, over voltage, or powerline related problems. In such case, Buyer will not be reimbursed for installation charges already incurred for previously completed work, nor will damaged or lost goods be replaced free of charge.
   
4. Buyer may be charged additional service fees, hourly fees, or daily rates (including travel and expense charges) in the event that project delays occur that are not the responsibility of Connect802. Such delays may include (but are not limited to): civil emergency or emergency drills, workplace inspections, planned or unplanned work stoppage (as would be the case when a facility must shut down during a severe storm or as the result of a power failure), riot or strike, unavailable site personnel or equipment required for work progress (such as a security officer who must accompany workers, on-site technical resources that are not available, or a man-lift and lift operator provided by the customer but delayed in availability).
   
5. Connect802 is not liable for delays or failure caused by the Buyer's LAN network, existing wireless network, CATV system, electrical system, or other existing infrastructure that is found to be inoperable, incompatible, or otherwise unusable. Unless otherwise stated in the sales agreement and statement of work, Connect802 relies solely on Buyer's certification of proper infrastructure operation and suitability to the project. If Buyer has certified (either verbally, or in writing) that the infrastructure is suitable for the project, or if ordinary and reasonable assumptions of infrastructure are made (i.e. assuming that a typical building's electrical supply can support the power requirements of typical Wi-Fi access points, or other similar, reasonable assumptions) and it is later confirmed that the infrastructure can not support the proposed installation, no refund of any money paid shall be made, and Buyer remains liable for any outstanding invoices as per the sales agreement.
   
6. Any liability shall be limited to a refund of all monies paid. Costs of travel may not be refundable.