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Policies



Credit Policy | Return Policy | Terms and Conditions | Warranty Policy


Terms and Conditions

1. DEFINITIONS.

“CHICOMM” shall mean Chicago Communications, LLC. “Customer” shall mean the customer named herein, and “Products” shall collectively mean the Equipment, Software and Services referred to in the Agreement.

 

2. AGREEMENT.

The terms and conditions set forth and hereby furnished to Customer and incorporated herein by reference constitute an offer to purchase by Customer which will become a contract ("Sales Agreement” or “Agreement") when acknowledged and accepted in writing by CHICOMM. Any banking, negotiation or other use of any payment shall not constitute an acceptance hereof by CHICOMM. In the absence of written acceptance from CHICOMM, commencement of shipment of Products by CHICOMM hereunder shall constitute an acceptance of the terms and conditions described herein. It is agreed that sales hereunder are made only on the terms and conditions set forth in the Agreement and CHICOMM shall not be bound by terms and conditions contained in the Customer's purchase order to the extent the terms and conditions in the Customer’s purchase order conflict with the terms and conditions contained in this Agreement.

 

3. SHIPPING.

Shipping and handling charges shall be paid by Customer. Customer agrees to pay such amount quoted without regard to the actual charges applicable at the time of shipment.

 

4. DELIVERY, TITLE AND SECURITY.

Unless otherwise stated in the Agreement, all deliveries are FOB CHICOMM's shipping facility (ies) and title and risk of loss to Products sold shall pass to Customer at the FOB point. Shipping or delivery dates are best estimates only, CHICOMM reserves the right to make deliveries in installments and the Agreement shall be severable as to such installments. Delivery delay or default of any installment shall not relieve Customer of its obligation to accept and pay for remaining deliveries. Claims for shipment shortage shall be deemed waived unless presented to CHICOMM in writing within forty-five (45) days of delivery of each shipment. CHICOMM shall retain and Customer hereby grants CHICOMM a security interest and right of possession in the Products until Customer makes full payment. Customer agrees to cooperate in whatever manner necessary to assist CHICOMM in perfection of said security interest upon request.

 

5. PAYMENT.

Chicago Communications LLC accepts Visa, MasterCard, and American Express as payment for on-line purchases. All transactions are processed after the credit card authorization has been accepted by the credit card processor.

 

6. TAXES.

Except for the amount, if any, of State and Local tax stated in the Agreement, the prices set forth in the Agreement are exclusive of any amount for Federal, State and/or Local excise, sales, use, property, retailer's occupation or similar taxes. If any such excluded tax is determined to be applicable to this transaction or CHICOMM is required to pay or bear the burden thereof, the prices set forth herein shall be increased by the amount of such tax and any interest or penalty thereon, and Customer shall pay to CHICOMM the full amount of any such increase no later than twenty (20) days after receipt of an invoice therefore.

 

7. SOFTWARE.

Any software owned by a third party (“Non-Chicago Communications LLC Software”) is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner unless the owner has granted to Seller the right to sublicense such software. Seller makes no representations or warranties of any kind regarding such Software.

 

8. Express Limited Warranty and Warranty Disclaimer.  

All Third Party Equipment is warranted under the manufacturers warranty. 

 

9. Delays and Disputes. 

Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond a party’s reasonable control (a “Force Majeure”).  Each party will notify the other if it becomes aware of a Force Majeure that will significantly delay performance. The parties will try to settle any dispute arising from this Agreement (except for a claim relating to intellectual property or breach of confidentiality provisions) through good faith negotiations.  If necessary, the parties will escalate the dispute to their appropriate higher-level managers.  If negotiations fail, the parties will jointly select a mediator to mediate the dispute and will share equally the mediation costs.  Neither party will assert a breach of this Agreement without first giving the other party written notice and a thirty (30) day period to cure the alleged breach.

 

10. Limitations:

A. Limitation of Liability.  Except for personal injury or death, Seller's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the purchase price of the products or services for which losses or damages are claimed.   SELLER WILL NOT be liable for any commercial loss; inconvenience; loss of use, Time, DATA, GOOD WILL, REVENUEs, profits or savings; or other SPECIAL, incidental, INDIRECT, OR consequential damages IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE PRODUCTS, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT.  No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one year after the accrual of such cause of action.  This limitation of liability will survive the expiration or termination of this Agreement.

B. Insurance. It is further understood that CHICOMM is not an insurer and that Customer shall obtain all insurance, if any, that is desired and that CHICOMM does not represent or warrant that the products will avert or prevent occurrences, or the consequences there from, which are monitored, detected or controlled with use of the products.

C. No Representations. CHICOMM sales representatives are only authorized to fill in the blanks on this sales order with the information requested. Any and all representations, promises or statements by CHICOMM representatives that differ in any way from the Terms and Conditions on the front and reverse of this sales order and any applicable warranties and licenses incorporated herein shall be given no force or effect. The issuance of information, advice, approvals, instructions or cost projections by CHICOMM's sales personnel or other representatives shall be deemed expressions of personal opinion only and shall not affect CHICOMM's and Customer's rights and obligations hereunder, unless the same is in writing and signed by an officer of CHICOMM with the explicit statement that it constitutes an amendment to this Agreement.

 

11. Confidential Information and Preservation of Proprietary Rights. 

If any information marked “Confidential” is provided by one party to the other, the receiving party will maintain the confidentiality of such information and not disclose it to any third party; take necessary and appropriate precautions to protect such information; and use such information only to further the performance of this Agreement.  Confidential information is and shall remain the property of the disclosing party, and no grant of proprietary rights as it relates to the confidential information is given or intended to be given to the Customer by the Seller. Any copyright owner of Software, and any third party manufacturer own and retain all of their respective proprietary rights in the equipment, parts and software, and nothing herein is intended to restrict their proprietary rights.  This Agreement does not grant any right, title or interest in Seller’s or Third Party proprietary rights, or a license under any patent or patent application.

 

12. CANCELLATION.

Once the credit card authorization has been accepted and the customer submits the order, the transaction cannot be cancelled on-line. If for any reason the order needs to be cancelled after submittal, customer must contact CHICOMM before shipment has occurred; at which time Customer shall pay CHICOMM twenty (20%) percent of the total price for all Products listed in the Agreement as a restocking and administrative charge and not as a penalty.

 

13. FCC AND OTHER GOVERNMENT MATTERS.

Although CHICOMM may assist in preparation of the FCC license application, Customer is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission ("FCC') or any other Federal, State or Local governmental agency. Customer is solely responsible or complying with applicable FCC rules and regulations and the applicable rules and regulations of any other Federal, State or Local governmental agency. Neither CHICOMM nor any of its employees is an agent of Customer in FCC or other governmental matters.

 

14. General.

(A) Customer acknowledges that it has read and understands the terms and conditions of this Agreement and agrees to be bound by them, that it is the complete and conclusive statement of the agreement between the parties and that this Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understanding and agreement, oral and written, heretofore made between CHICOMM and Customer, are merged in this Agreement which alone fairy and completely expresses their agreement. (B) No modification of or additions to this Agreement shall be binding upon CHICOMM unless such modification is in writing and signed by an officer of CHICOMM. (C) If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforceable, then that term or provision shall be inoperative and void insofar as it is in conflict with law, but the remaining terms and provisions shall nevertheless continue in full force and effect and the rights and obligations of the parties shall to construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid, void or unenforceable. (D) Section and paragraph headings used herein are for convenience only and are not to be deemed or construed to be part of this Agreement (E) The failure of CHICOMM to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any right herein, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of the Customer with respect to such future performance shall continue in full force and effect. (F) THIS AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS.