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Proxicast Terms & Conditions of Sale

PRICES AND SPECIFICATIONS: You will be billed the price quoted and prevailing at the time of order entry plus a destination and handling charge. Sales tax, where applicable, will be added to your invoice unless an acceptable resale/tax exemption certificate is provided. Where applicable, the customer is responsible for all duties and taxes incurred when shipping internationally.
 
PAYMENT: Payment for goods purchased from Proxicast shall be made in the amount and pursuant to the terms set forth on the invoice. If customer defaults in making payment when due the total outstanding balance of all invoices on the customer's account, together with interest and collection costs as provided herein, shall become immediately due and payable.  No COD orders will be accepted.  Contact Proxicast regarding other payment arrangements including wire-transfer, corporate check, or other terms.  An approved Credit Application may be required for all non-prepayment terms.
 
If a product is returned beyond Proxicast's 15 day Return Policy in lieu of full payment, a 15%-50% restocking fee will be charged depending on the condition of the merchandise - or the product may be rejected and returned to you and no refund issued.
 
SHIPPING/FREIGHT: Shipments are FOB our warehouse in Pittsburgh, Pennsylvania. Please allow 1 to 3 business days for processing once your order is placed.  You will be notified when your products have shipped.  If payment is made by credit card, your credit card will not be charged until the products have shipped.  If any products are back-ordered, you will be notified with an option to cancel.  Proxicast may ship your products in multiple packages at different times depending on availability in our warehouses.  We cannot ship to PO or APO addresses.  Incomplete or inaccurate shipping addresses will delay delivery of your products. Recipient is responsible for any and all taxes, duties, or fees assessed on the shipment.
 
REFUSED ORDERS: Customer is responsible for all shipping and handling fees for all refused orders. Plus a 10% restocking fee will be assessed. No future orders will be shipped until this fee is paid.
 
SHIPPING DISCREPENCIES: Proper shipment is vital to our business. Therefore, it is the policy of Proxicast that we must be notified within three (3) business days of any shipping discrepancies.
 
FREIGHT DAMAGE: If you receive a product that is damaged in transit please follow these instructions.
 
Damaged shipments received via UPS, Federal Express, and/or DHL International should be noted with the carrier, then refused and returned to Proxicast for processing.
 
Shipments via common carrier (i.e. Yellow Freight, Emery Worldwide) must be accepted with all damage clearly noted on the bill of lading. A claim must then be placed with the carrier. Damage claims are the responsibility of the consignee.
 
Unreported freight damage beyond three (3) business days is the responsibility of the consignee.
 
INTEREST: Customer agrees to pay interest in the lesser amount of either 1.5% per month, or the highest rate permitted by law on any past due amount.
 
COLLECTION EXPENSES: Customer agrees to pay Proxicast all cost and expenses, including without limitation reasonable attorney fees, fees of any collection agency and court cost, incurred by Proxicast in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provision hereof.
 
Checks returned for any reason will be subject to a $35.00 service charge.
 
CELLULAR SERVICE: Cellular service is not considered a Proxicast product because Proxicast is only acting as an activation agent for a given cellular carrier. All sales of cellular service shall be governed by the terms and conditions of each cellular carrier. Each carrier may have different trial and return policies, it is the customer's responsibility to work within the carrier's terms and conditions. Normally, once Proxicast has performed the activation service, all matters involving cellular service are handled directly between the customer and the cellular carrier. If Proxicast does not perform the unit's cellular activation, then Proxicast assumes no responsibility for anything regarding cellular service.
 
BUYER'S CELLULAR CARRIER AGREEMENT: Use of Proxicast's products on a cellular carrier's network is governed by the terms and conditions of the customer's service agreement with the carrier. Some cellular carrier service agreements may include statements regarding topics including (but not limited to) the use of servers, routers, VPNs and/or multiple device sharing that may or may not apply to the Proxicast product you purchased. Proxicast makes no representations or guarantees regarding the product's compliance, compatibility, or fitness for use with any carrier's network either at the time of sale or in the future. It is the responsibility of the purchaser to abide by the terms and conditions of their cellular service agreement. Proxicast assumes no responsibility or liability with respect to the purchaser's use of the product in compliance with cellular service agreements, local laws and ordinances, or other applicable covenants.
 
INTELLECTUAL PROPERTY RIGHTS: Proxicast retains all intellectual property rights and patents for of its products. Purchasers agree not to modify, disassemble, reverse engineer, extract or decompile software, or copy the product in any way.
 
NONWAIVER: No failure or delay on the part of Proxicast in exercising any right hereunder shall operate as a waiver of, or impair, any such right. No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right shall be deemed a waiver of any other right hereunder.
 

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