AMERICAN ANTENNA, INC. Terms & Conditions of Sale
AMERICAN ANTENNA, INC. RESERVES THE RIGHTS TO CHANGE ANY AND ALL INFORMATION, PRICING, DESIGN, AND INSTRUCTIONS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO THE PUBLIC OR ITS CUSTOMERS FOR THE PURPOSE OF COST REDUCTION, PRODUCT IMPROVEMENT OR ANY REASON RELEVANT TO AMERICAN ANTENNA, INC.
IMPORTANT NOTICE: Antenna assembly and installations are intended for technically trained professionals. American Antenna, Inc. is neither responsible nor liable for any damages and destruction of property which may arise from improper and inadequate installation procedures. When the assembly and installation is performed by the customer or its designated contractor(s), the customer irrevocably accepts all responsibility.
Note: all 5.0 and 6.1 meter reflector panel related components are fully interchangeable for ease of field installation and performance repeatability. All antenna panels are factory inspected on Q.C. checking fixtures for fit and function. All antennas are fully checked and inspected prior to leaving our facility and are free from defects or damage prior to shipment from our shipping docks.
The manufacturer warrants that the equipment supplied will be in accordance with the drawings and specifications set forth for this antenna type by the manufacturer. At its own discretion and option, the manufacturer agrees to repair or replace without charge any components of the equipment which, under normal and intended use may prove to have been defective in material or workmanship within one (1) year on mounts and actuators and (5) years on reflectors from the date of original purchase order date of the equipment. The shipping, removal, and installation and any/and all other costs relevant to the replacement of equipment(s) shall be the sole responsibility of the purchaser, its agent(s), or subcontractor(s).
American Antenna, Inc. warranty is only applicable for parts designed and fabricated by American Antenna, Inc. For all other components, the respective manufacturer’s warranty shall apply. The customer shall contact the respective manufacturer directly for warranty issues.
Prices: All quoted prices apply. You will be billed according to the quoted prices prevailing at time of order. All shipping and handling charges are the responsibility of the customer. American Antenna, Inc. is only responsible to load the order on trucks or any other means of freight at American Antenna, Inc.’s shipping docks. Appropriate State sales tax will be added to your invoice unless an acceptable resale tax exemption certificate is provided. Where applicable, the payment of all customs duties and brokerage fees will be the responsibilities of the customer. American Antenna, Inc. shall make every effort to provide the order on time for the determined shipment date. The shipping dates are estimated dates, and may be delayed for any of the following reasons; 1). Late receipt of necessary information to American Antenna, Inc.; 2). Late receipt of payment to American Antenna, Inc.; 3). Scheduling or shipping dates not confirmed by customer; 4). Delays caused by our subcontractors; 5). Or any other causes beyond American Antenna’s reasonable control in any such event. American Antenna, Inc. shall not be liable to the customer or end user for any loss of time, material, or production, or any other loss resulting from late delivery of the offered goods.
Payment Terms: Payment in full is required before shipment unless otherwise stated on the invoice. American Antenna, Inc. does not work on an open account basis without an approved credit application. American Antenna, Inc. reserves the right to change terms of sale at any time. All payments must be in U.S funds drawn on U.S. banks. Payments must be made from the faxed invoice as no hard copy or statements will be issued.
Damages in Shipment: Regardless of the shipping terms, American Antenna, Inc. shall not be liable for any damages caused in transit. If a damage in transit occurs the customer or end user should immediately take the following actions; 1) do not accept a visibly damaged product until the person or agent making the delivery has endorsed the bill of lading with a statement of the approximate extent of the visual damage; (take pictures ); 2). If the damage is concealed and found after unpacking, make sure to take pictures of the damage, retain the packing material and immediately request that the carrier arrange an inspection; 3). Immediately notify the carrier, freight forwarder, or agent. Do not call American Antenna, Inc.
Shipping hours: American Antenna shipping hours are 8:00 am, to 3:00 pm, Monday through Friday. American Antenna, Inc. will not load trucks arriving after 3:00 pm.
The purchaser has ten (10) working days upon receipt of the ordered shipment to inspect and report to the manufacturer any damaged or defective equipment. Missing parts and equipment should be directly reported to the carrier as listed above. Upon receipt of a written notice (to be sent by certified mail) of any defect in material or workmanship, the manufacturer will advise whether the part in question will be repaired or replaced. Any part to be repaired or replaced will be shipped to the manufacturer prepaid by the purchaser. All cost of shipping and handling will be borne by the purchaser.
Exclusion of Liability for Damage: The manufacturer assumes no liability for any type of interruption of operations directly or indirectly related to the antenna and its mechanical components or consequential damages incurred by the purchaser as a result of defective components or installation of the antenna and its mounting and feed system.
In no event shall American Antenna, Inc. be liable to the customer (or end user) under any cause of action or claim of any nature whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including but not limited to such losses as 1). wages paid to your employees; 2). Lost revenue; 3). Lost use of equipment; 4). Purchase, lease or other acquisition of replacement, substitute, or temporary equipment, facilities or services: 5). Costs of capital: 6). Costs of losses related to downtime: 7). Manual labor costs: or 8). Any other indirect, incidental, special, consequential, or other similar damages arising out of any claim relating to your purchasing of goods and/or services from American Antenna, Inc., including losses resulting from your general or particular needs, whether or not American Antenna, Inc., at the time of contracting, had reason to know such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise. American Antenna, Inc.’s liability to you shall in no event exceed the purchase price of the nonconforming goods and services giving rise to American Antenna, Inc.’s liability to you.
No alterations or modifications to the equipment supplied or any components of such equipment may be made by the purchaser or any others without the specific written consent and approval of the manufacturer. Any such unauthorized modifications or deviation from the instructions shall void and null the warranty offered herein and shall relieve the manufacturer from any and all responsibility or liability resulting from any failure of the antenna, its mounting, feed system or any related component thereof.
Choice of Law, Forum Selection and Amendments: All dealings with American Antenna, Inc. and you shall be governed by the laws of the State of Indiana. Any legal or equitable action of whatever nature brought you against American Antenna, Inc. arising out of or related in any respect to this agreement or any purchase order, or arising out of any dealings between American Antenna, Inc. and you, shall be brought solely in either the U.S. District Court for the State of Indiana, in Gary or the appropriate court in the State of Indiana located in the jurisdiction where American Antenna, Inc. has its principal place of business.
The forgoing shall constitute the limits of the liability to the manufacturer for any direct or incidental damage or injury caused by any defective part or parts of the antenna, mount, feed system and related components (produced by the manufacturer) purchased by the purchaser.
By making payment to American Antenna, Inc. the customer accepts all terms and conditions listed herein.
Order cancellations: Cancelled orders are subject to a 15% re-stocking fee. Note:
This document supercedes any and all other documents and agreements provided by the purchaser, customer, or end user.
End of document.
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