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Terms and Conditions

AvaLAN Wireless, Inc. Terms & Conditions Policy

Terms and Conditions

PRICING

AvaLAN endeavors to offer our distributors competitive prices on current AvaLAN products. Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax and shipping charges. AvaLAN reserves the right to change prices at any time, and agrees to provide our distributors with a minimum of 30 days notice.  Should AvaLAN reduce its price on any shipped product within 10 calendar days of shipment, you may contact AvaLAN Sales Department at 866-533-6216 to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact AvaLAN within 30 days of original purchase date.

PAYMENT METHODS

Purchase Order

Pre-approved customers may submit a purchase order on company letterhead via email:

orders@avalanwireless.com or via fax: 650-249-3591.

Credit Card

You may pay by credit card no matter which ordering method you use (email, PO, fax). At the time your order is placed, AvaLAN obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships. AvaLAN accepts Visa, MasterCard, Discover and American Express cards.

PLEASE NOTE:

– We are unable to accept credit cards issued by banks outside of the United States.

– Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. For information about alternate payment options please review the cashier’s check, wire transfer, and lease options listed in the following sections.

Credit Card Security Codes

AvaLAN requires the credit card security code for your card for any purchase. The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). Asking for and confirming your credit card’s security code helps validate that you – and only you – are in the possession of your credit card and protects you from unauthorized use of your account.

Cashier’s Check or Money Order

AvaLAN accepts cashier’s checks, pre-approved business checks, and money orders as valid forms of payment. Pre-payment by check requires that the funds clear prior to shipment.

TAX-EXEMPT ORDERS

If your order is being placed on behalf of a tax-exempt organization or individual, please call the AvaLAN Sales Department at 866-533-6216. Be prepared to provide proof of state tax-exempt status for the state where the product is being shipped. The organization or individual name on the order must exactly match the state taxexempt certificate. Federal tax exemption certificates are not accepted.

SALES TAX

If the order is not tax-exempt, AvaLAN purchases will include sales tax based on your shipping address and the sales tax rate in effect at the time your order is placed. If you phone in your order, the AvaLAN sales representative will provide an estimated dollar total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received in our system will apply. The proof of purchase that AvaLAN mails to you will include any applicable sales tax.

SHIPPING OPTIONS

AvaLAN offers 4 convenient shipping options.

1. Ground Shipping: Products shipped via standard service are normally delivered within five business days after shipment.

2. Next-Day Shipping: Products shipped via next-day service prior to 1:00 p.m. CST are normally delivered by 4:30 p.m. local time one business day after shipment. Overnight delivery is not available for orders shipped to Alaska, Hawaii and Internationally.

3. 2-Day Shipping: Products shipped via two-day service prior to 1:00 p.m. CST are normally delivered by 4:30 p.m. local time two business days after shipment.

4. 2-3 Day International Shipping: For an additional charge, we offer this expedited shipping option on products shipped to international locations. Products shipped prior to 2:00 p.m. CST, are normally delivered by 4:30 p.m. local time two-three business days after shipment.

Signature is required for delivery: Most of our shipments contain valuable wireless equipment. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left AvaLAN’s warehouse. Title and risk of loss to all products will pass to you on delivery.

Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.

Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. After three delivery attempts, the package will be returned to us.

ORDER PROCESSING

The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment or a full authorization, in the case of credit card orders. Orders placed on the weekend or on a holiday will begin payment processing the next business day.

Orders for in-stock items that are eligible for same-day shipping must be received before 12:00 p.m. CST, pending payment processing. Orders placed on the weekend or on a holiday will begin payment processing the next business day. Unanticipated changes in supply can affect product availability. Business days are Monday through Friday, excluding federal holidays.

RETURN For credit POLICY

If you are not satisfied with your purchase of an AvaLAN product, please call 1-866-533-6216 for a Return Material Authorization (RMA) request within 30 calendar days of the date of original purchase. Configure-to-order, personalized or other customized product may not be returned for refund or exchange under any circumstances unless DOA. The product must be returned to the AvaLAN warehouse within 14 calendar days of the issuance of the RMA. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. A 30% open box fee will be assessed on any opened hardware or accessory.

If an RMA request is made after the 30 calendar days but with 60 calendar days of the date of original purchase, at AvaLAN’s discretion the product may still be returned for credit minus a 30% restock fee if the product is in new and unused condition.

NOTE: AvaLAN recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to AvaLAN or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking and (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping. Please note that the United States Postal Service (USPS) offers limited tracking capabilities and that there is a 30-calendar-day waiting period before the USPS will initiate a trace.

Dead On Arrival (DOA) Product: System Failure Out of the Box

An AvaLAN-branded hardware product is considered DOA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DOA, please call AvaLAN Technical Support at 650-384-0000 within 30 calendar days from the date of original purchase. AvaLAN Technical Support will determine whether the product is DOA and offer you the following options:

  • Replacement: The same product that you ordered will be shipped to you at AvaLAN’s expense.

AvaLAN Technical Support will set up a replacement order and provide the procedure for returning the DOA product.

  • Service: You may have the product repaired; however, once serviced, the product is no longer eligible for replacement. Product must be deemed DOA by AvaLAN Technical Support within 30 calendar days from the date of original purchase in order to receive a replacement unit.

DOA Terms and Conditions

This DOA policy applies only to current AvaLAN-branded hardware products. As new products are offered, AvaLAN reserves the right to determine whether or not this policy applies.

  • This DOA policy does not apply to third-party products that do not bear the AvaLAN brand name. You may call the manufacturer directly with any third-party product issues.
  •  If the product is deemed DOA by AvaLAN Technical Support more than 30 calendar days from the date of original purchase, AvaLAN’s standard product warranty will apply.
  • If the product is deemed by AvaLAN Technical Support NOT to be DOA, AvaLAN’s standard product warranty will apply.
  • Shipping will be arranged at AvaLAN’s expense for all products determined by AvaLAN Technical Support to be DOA.

AvaLAN reserves the right to test returned DOA product. If the condition of the product is misrepresented by the  customer, AvaLAN may impose a $400 handling fee.

 

DEFECTIVE ITEMS

AvaLAN Branded Products

If you discover what you believe is a product defect for any AvaLAN-branded product, please contact AvaLAN Technical Support at 650-384-0000. Such a defect, if any, is covered under the terms of your product’s warranty. Please refer to the warranty information and other supporting documentation on our website at www.avalanwireless.com. (See Product Warranty section below for specific information about AvaLAN’s product warranties.)

Non-AvaLAN Branded/Third-Party Products

If you discover what you believe is a product defect for any third-party product, please contact the manufacturer directly for information regarding the manufacturer’s warranty.

Note: Products sold by AvaLAN that do not bear the AvaLAN brand name are serviced and supported

exclusively by their manufacturers in accordance with terms and conditions packaged with the products.

AvaLAN’s Limited Warranty does not apply to products that are not AvaLAN-branded, even if packaged or sold with AvaLAN products.

 

PROOF OF PURCHASE

AvaLAN will send you a confirmation of your order via email if you have included an email address with your order. If you have not included an email address, you will receive a confirmation of your order by regular mail when your order is shipped. 

 

CUSTOM-CONFIGURED PRODUCT

We are pleased to offer product that is custom-configured to your specifications, and we encourage you to review your order carefully. Since the product is built to your specifications, the order cannot be changed, modified, or canceled once your order is in production.

 

PRODUCT AVAILABILITY

Order lead time is the length of time it will take us to validate your purchase order or credit card, assemble the right products and package your order. Shipping time is the length of time it will take for the package to travel from our warehouse to your shipping address. AvaLAN makes every effort to ship your product according to the estimated lead times provided by AvaLAN at the time of your order. The estimated lead times are in business days (Monday through Friday) excluding Federal Reserve holidays. Lead times will begin the following business day for orders placed and credit cleared after 12 p.m. CST. Although every effort is made to ship your order according to the lead time provided, shipping dates may change due to changes in supply. If the lead time changes, AvaLAN will contact you via email and provide a revised shipping estimate. AvaLAN endeavors to stay at the forefront of technological advancement. For this reason, AvaLAN reserves the right to discontinue products with 30-days notice to our distributors.

 

OTHER TERMS AND CONDITIONS

  • AvaLAN is not responsible for typographical errors.
  • AvaLAN reserves the right to change the terms and conditions of sale at AvaLAN at any time.
  • All sales at AvaLAN are governed by California law, without giving effect to its conflict of law provisions.
  • No AvaLAN employee or agent has the authority to vary any of AvaLAN’s policies or the terms and conditions governing any sale.

APPENDIX B :: Limited Warranty

AvaLAN’s warranty obligations are limited to the terms set forth below: AvaLAN Wireless, Inc. (“AvaLAN”)

warrants this hardware product against defects in materials and workmanship for a period of ONE (1) YEAR from the date of original purchase. If a defect exists, at its option AvaLAN will (1) repair the product at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. A replacement product/part assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes AvaLAN’s property. When a refund is given, your product becomes AvaLAN’s property. THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. AVALAN SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF

AVALAN CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.

AvaLAN Wireless products are not designed for use in medical, life saving, or life sustaining applications. AVALAN IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA TRANSMITTED BY THE PRODUCT. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or province.

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