SALES TERMS AND CONDITIONS:
Information Provided: Applicant hereby certifies that the information furnished under this application and all documents submitted in connection herewith is true and correct. Late Payment: Applicant agrees to pay a 15.0% interest fee per month, or the highest rate permitted by law (whichever is less), on any outstanding payments that are past due until payment is collected.
Returned Payments: Payments that are returned to Xcel Global Wireless Solutions for any reason will be charged a $35.00 fee for each occurrence and shall be subject to a twenty-percent (20%) re-stocking fee which may be assessed in Xcel Global Wireless Solutions absolute discretion, in additional to such $35.00 fee.
Payment Collection: Applicant agrees to indemnify and hold Xcel Global Wireless Solutions harmless from any and all claims or damages, arising out of any violation of the representations or warranties contained herein or any breach or default by Applicant under this Agreement, including without limitation, any costs and expenses including, attorney’s fees, collection agency fees, collection and court costs.
Shipping: All transportation charges are the responsibility of Applicant, unless arrangements are made by supplier prior to shipment. All goods are shipped F.O.B. Supplier’s warehouse in Ontario, CA or other location, if arranged as a drop-shipment by Xcel Global Wireless Solutions. Xcel Global Wireless Solutions shall not be responsible for spotting, switching, damage or other transportation charges unless agreed in writing.
Damage or Loss: Any loss or damage to product caused while in transit which is arranged by Xcel Global Wireless Solutions must be reported by Applicant in writing within 24 hours of receiving shipment. Applicant must report such claim to shipping carrier for a claim to be issued. Any shipments picked up by an Applicant’s transportation choice are the responsibility of the Applicant to arrange for any claims.
Returned Shipments: Applicant is responsible for all charges incurred on shipments that are sent back to Xcel Global Wireless Solutions for any reason in which the error or cause was the fault or result of the Applicant. This includes but is not limited to, incorrect address provided by the Applicant, inability to provide payment to courier at the time of delivery, or refusal of shipment for any reason. Applicant will be responsible for shipping charges for both the outbound and inbound
Transportation costs. Applicant is responsible for a twenty (20) percent restocking fee on all returned shipments accepted by Xcel Global Wireless Solutions.
Returns: Xcel Global Wireless Solutions does not accept any returns on its merchandise unless prior written approval is made. A written request must be made, and a written confirmation of return acceptance must be made by Xcel Global Wireless Solutions prior to the return. Any returns made to Xcel Global Wireless Solutions without prior approval will be refused. Shipments that cannot be refused and are kept at Xcel Global Wireless Solutions will not be processed for credit or exchange. Applicant must arrange pickup of merchandise in order to receive product back. All products must have been purchased from Xcel Global Wireless Solutions if phones are being returned ESNs must be verifiable. Xcel Global Wireless Solutions has the discretion to repair or replace the item. Any handsets that do not meet the requirements must be sent directly to the manufacturer for warranty repair. Xcel Global Wireless Solutions Refurbished Phones are covered under a sixty (60) days warranty from the date of invoice and defective products may be submitted for RMA # anytime during the warranty period. Xcel Global Wireless Solutions NEW phones are covered under a thirty (20) days warranty from date of invoice. All products returned to Xcel Global Wireless Solutions must be complete. If phones are being returned all accessories, manuals and/or hardware must be in the box or are ineligible for return. For defective product list all reasons product is considered defective. Any product bought as-is or as a closeout is not returnable. RMA #’s will be issued within 2 business days of receipt by Xcel Global Wireless Solutions RMA # must be visible on the outside of the box. RMA # is only valid for a period of 10 days.
Xcel Global Wireless Solutions Terms Control. These terms and conditions shall control and prevail over any contrary terms in any of the Applicant’s purchase orders relating to the goods purchased under this Agreement.
LIMITATION OF DAMAGES: Applicant’s sole and exclusive remedy relating to this agreement and/or goods shall be the remedy, if any, afforded by the manufacturer of such products to applicant and/or applicant’s customers as provided by, and within the time period specified therein. No other remedy (including without limitation, incidental or consequential damages for lost profits, lost sales, injury to persons or property or any other incidental or consequential loss) shall be available to applicant or applicant’s customers.
Venue: The parties agree that Dekalb County, GA shall be the agreed venue for any legal action between Xcel Global Wireless Solutions and Applicant, and that the laws of the State of Georgia will govern (without regard to the conflicts of law rules of GA).
Force Majeure/ General: If Xcel Global Wireless Solutions shall be delayed in its performance of any obligation under this Agreement or be prevented entirely from performing any such obligation due to causes or events beyond its control, including, without limitation, any act of God, fire, flood, earthquake, war, riot, insurrection, strike, lockout, slowdown, epidemic, quarantine, delay in transportation, car shortage, materials shortage, boycott, embargo, present or future law, Government order, rule or regulation, such delay or nonperformance shall be excused and the time for performance shall be extended to include the period for such delay or non-performance. The parties to the Agreement hereby agree that (a) the failure of Xcel Global Wireless Solutions to insist, in any one or more instances, upon performance here under or to exercise any right here under is not a waiver of the future performance of any term, covenant or condition or the future exercise of such right; (b) no modification of this Agreement shall be binding upon either party unless the modification is in writing and signed by a duly authorized representative of both parties; (c) if any provision of this Agreement is determined to be unenforceable by any court, such un enforce ability shall not affect the remainder of this Agreement; (d) this Agreement shall be binding upon and, except as otherwise provided herein, shall inure to the benefit of the parties hereto and their respective successors and assigns; and (e) the rights and remedies granted in this Agreement are non-exclusive to those otherwise available under principles of equity. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of this Agreement by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Agreement.
Updated May 11, 2020