Two-Way Radio Policies - Orange County, CA

Purchase Agreeement Terms & Conditions

1) Definitions: All references to “Company” in this purchase agreement shall mean or apply to EAGLE COMMUNICATIONS. All references to Customer, he/she or they shall mean or apply to the person or entity specifically listed as the “Customer” within this purchase agreement.

2) Commitment to purchase: The Customer agrees to buy and Company agrees to sell, assign and transfer all rights, title and interest in the goods and services contained herein upon payment in full by Customer of the amount stated as “grand total”. By Customer signing the front side of this agreement, Customer acknowledges that this agreement is executed and Customer is now bound by all the terms and conditions and timely payment obligations contained herein. Customer acknowledges that once executed this agreement is non-cancelable and has no “cooling off period” or right of refusal. ALL SALES ARE FINAL.

3) Payment terms: Only Company's accounting department shall grant and approve credit and payment terms. For customers with established credit, the maximum extensions of payment terms are net thirty (30) days from date of shipment. Customers with payment terms must supply a purchase order number with their order. Failure to provide a purchase order number with an executed purchase agreement does not invalidate agreement nor release Customer for obligations under this agreement. If Customer fails to make payment within thirty (30) days, Company may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order. If credit is not established with Company., please include payment with order or purchase through Company's current accepted credit card payment options. All payments must be in U.S. dollars.

4) Authority to Sign; Joint and several liability: If Customer is a representative of a public or business entity or corporation (collectively “entity”), the person signing this agreement on behalf of such entity hereby warrants that he/she has full authority from such entity to enter into this agreement and obligate the entity. Said person and entity shall be jointly and severally liable for all payments and other obligations imposed upon Customer under the terms of this agreement.

5) Financial or Leasing Arrangement: Nothing contained in this agreement shall prohibit the Customer from financing the specified equipment through a bank, grant funds, industrial leasing company or finance company, however, any such outside financing, if desired by Customer, shall be the responsibility of the Customer, and Customer’s obligations under this agreement shall not be affected by the granting or refusal or delay of any such financing.

6) Credit Card Transactions: NO REFUNDS All payments made by credit card or debit card are non-refundable.

7) Special Equipment: Customer represents that the equipment supplied by Company will be used as business equipment, and Customer agrees and understands that the equipment is obtained for Customer especially for their own use and that equipment is not readily resalable to the general public and therefore notwithstanding delivery or installation of the equipment, Customer agrees to pay Company for the full amount stated herein. Company shall not be obligated to accept equipment returns. Should Company accept equipment return, Customer acknowledges and agrees that a 25% equipment re-stocking fee will apply and that all other payment obligations of Customer for unperformed services are due at 50% of the agreed rate, and all services that are performed shall be the Customers obligation to pay in full.

8) Acceptance: Customer agrees to sign the usual documentation and acceptance notice of Company, freight or delivery provider, or leasing, finance or credit company upon delivery of equipment and presentation of such notice. Customer agrees to notify Company by certified mail, return receipt requested, in the event any goods delivered or installed is not satisfactory in any manner and if no such notice is so mailed, as evidenced by U.S. Postal Service postmark, within five (5) days from the receipt of said goods/services, the equipment shall be conclusively deemed accepted by Customer.

9) Delivery and installation: Company agrees to perform its obligation to customer under the terms of this agreement as soon as possible. Unless otherwise specified, Customer understands and agrees to bring his vehicle(s) to Company’s designated service and installation shop so that Company may perform the installation of the equipment. Installation(s) are to be made at a prearranged time mutually agreeable to Company and Customer. Company shall not be liable for delays in delivery or installation due to: a) causes beyond its reasonable control, or b) Acts of God, acts of Customer, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or c) inability shall be extended for a period equal to the time lost by reason of the delay. Customer shall be solely responsible for the care and custody of all equipment during and after installation or delivery. Notwithstanding the foregoing, if for any reason Customer does not allow Company to deliver and/or install all or any portion of the within specified equipment and/ or services as per the specifics of this agreement (or any other agreement, oral or written, made between Company and Customer) then Company may deliver said equipment to customer at a late date without penalty or reduction of payment amount due. Customer agrees that said later delivery in lieu of installation shall constitute completion of Company’s obligations to Customer under the terms of this agreement.

10) Damage, Destruction, Theft or Loss: Customer agrees to bear all risk of damage, theft, or destruction, partial or complete, of the equipment from whatsoever cause, and further agrees that all replacements, repairs or substitution of parts or equipment shall be at Customer’s expense except as otherwise expressly warranted herein. Customer further understands and agrees that damage, destruction, theft or loss of the equipment does not receive Customer of any of this obligation hereunder.

11) Failures and Maintenance: Customer is hereby notified and understands that the equipment will not be operational 100% of the time and will, by its very nature, fail and require maintenance from time to time. Customer prior to the execution of this agreement has taken such facts into consideration and such failures shall not constitute non-performance or negligence on the part of company.

12) Permits, Licenses and Regulations: Customer agrees and understands that it is customer’s responsibility to abide by all Federal, State and local regulations and landlord restrictions pertaining to the installation and operation of Customer’s equipment. Customer agrees to secure at his own expense all licenses and permits required by law or ordinance and any needed permission by landlord. Customer agrees and understands that changes in rules and policies or persons other than company that affect the operation or use of Customer’s equipment are not the Company’s responsibility and Customer acknowledges that Company has no duty to inform Customer of any such changes. Customer hereby represents that they have obtained the necessary licenses and permits required or that they will obtain said licenses and permits prior to any such use.

13) Radio and Telephone Channels: Customer understands that any radio channels or telephone channels used in connection with the equipment are of his own choosing and responsibility, although Company may, at Customer’s request, assist with the selection of radio and/or telephone channels and assist Customer with the filling out of application forms necessary to obtain the used of such channels. Company does not guarantee that the channels will be obtained or continued, or that the channels will be adequate to satisfy Customer’s requirements. Further more, Customer understands that Company has no control or responsibility as to the charges levied for the channels or as to the users sharing channels with customer or as to the amount of airtime available.

14) Coverage and Interference: Representation concerning the distance at which usable radio signals may be transmitted and received by the equipment or location thereof shall not be binding upon Company unless reduced to writing and made part of this agreement. Customer is hereby notified that the equipment is subject to degradation of performance from, but not limited to, natural and man-made phenomena such as so-called “skip” interference, power line and ignition/alternator noise, intermodulation, or co-channel interference from users of the same or other radio frequencies. Company is not responsible for loss of use or failure of equipment due to interference of the above or other causes.

15) Equipment and services warranty: A manufacturers warranty, if any, for any equipment or goods contained in this purchase agreement are the sole responsibility and at the sole discretion of the manufacturer and Company is in no way obligated to the terms or of said warranty or to inform Customer of any changes thereto. New equipment sold, which is deemed by company as defective within thirty calendar days from original sale date, will be subject to repair or replacement, at the sole discretion of company. Any warranty or extension of warranty for any equipment, goods or services that obligate Company must be specifically contained herein.

16) Default: If Customer refuses to allow Company to perform, or through any act or failure to act causes Company to be unable to perform, or fails to make payment when due, or makes an assignment for the benefit of creditors, becomes insolvent, becomes involuntarily bankrupt or is otherwise in default or in violation of any term or provision of this agreement and fails to correct such default within five (5) days of written notice by Company, Company may declare any and all outstanding sums immediately due and payable with interest and penalties thereon at the maximum legal rate. In the event suit is brought to enforce any of terms or provisions hereof, Company shall be entitled to such court awarded costs and attorneys fees.

17) Security Title: Security title and right of repossession (without legal process) of the equipment by Company shall remain with Company until all payments hereunder (including deferred payments whether evidence by notes or otherwise) shall have been made in full and Customer agrees to do all acts necessary to protect and maintain such right and security title in Company. It is the intention of the parties that the equipment delivered hereunder shall remain personal property until all payments have been made in full.

18) Electronic document delivery: Should this agreement be sent or received by means of fax, email or other form of electronic delivery, Customer is responsible to inform Company if received in an incomplete manner or if such electronic delivery is unacceptable. Should Customer fail to inform Company of such, an executed agreement shall be binding. Font size regulations shall not be binding on purchase agreements delivered by electronic means.

19) Liability and Indemnification: Customer agrees and warrants that he will defend, indemnify, and hold harmless Company from any liability arising from or in connection with customer’s use or lack of use of the equipment. Customer will, upon notice, appear and defend any action brought against Company by any party arising from or in connection with Customer’s use of the equipment and Customer will pay all of Company’s costs and legal fees in connection therewith. Company shall have no liability to Customer or other parties for failure of equipment to operate.

20) Misc. Provisions: Time is of the essence in this agreement. The waiver of any term, provision or any default shall not constitute the waiver of any other term, provision or default. This contract is made, and is to be deemed performed at the offices of Company at Irvine, California. The laws of the State of California shall govern this agreement. If any part of this agreement shall be adjudged contrary to law, the remaining provision hereof shall remain in full force and effect. The masculine gender as used herein shall include the feminine and neuter. This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof. Any disputes arising under this agreement shall be heard in court of competent jurisdiction in the County of Orange, State of California. If any Customer under this agreement is a foreign corporation, individual or other form of business entity, or if any Customer hereunder is located out of the State of California, or if Company is unable to locate Customer within the State of California, Customer hereby agrees and consents that Company may serve the Secretary of State of the State of California as a duly authorized agent of Customer to Customer to accept any such process. Customer hereby specifically appoints the Secretary of State of the States of California as his duly authorized agent to accept service of process in any action arising out of this agreement.

21) Customer Agreement: Customer certifies that he has read and understands and agrees to be bound by all the terms and conditions on the front and back of this agreement, and each party acknowledges receipt of a true copy hereof at the time of execution. Customer further understands that this agreement is a legal contract, that in executing this agreement, the terms and obligations contained herein may be enforced by in a court of law. All of the terms and conditions on the front and back sides hereof are part of this agreement, and there are no other express or implied warranties, modifications, or performance guarantees other than those expressly stated herein. The parties hereto agree that no subsequent modification, warranty, or waiver shall become valid until and unless it is reduced to writing and signed by both parties hereto.

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