User's Manual

INSTALLATION AND MAINTENANCE MANUAL
LYNX.sc E1 FAMILY
SPREAD SPECTRUM RADIOS
NOVEMBER 1999
vii W/CS97-1
DEFINITIONS
1.1 In these Conditions, unless there is something in the subject
matter or context necessarily inconsistent:
(a) "Western Multiplex" means Western Multiplex (d.b.a. Western
Multiplex), Sunnyvale, CA;
(b) "Equipment" means the equipment itemized on the
Quotation/Order Acknowledgment;
(c) "International" means any location other than United States of
America and Canada, including their territories and possessions;
(d) "North America" means any location in the United States of
America and Canada, including their territories and possessions;
(e) "Order Acknowledgment" means the sales order acknowledgment
provided by Western Multiplex to the Customer;
(f) "Payment Instructions" means Western Multiplex's payment
instructions, (Western Multiplex document P197-1);
(g) "Quotation" means the quotation signed by an authorized
representative of Western Multiplex and provided to the
Customer;
(h) "Shipping Date" means the actual date on which the Equipment
left Western Multiplex's factory at Sunnyvale, CA, U.S.A.;
(i) "Warranty" means Western Multiplex's warranty, document W97-
1;
(j) "Invoice" means the bill of goods prepared by Western Multiplex
for the equipment with the shipping and any insurance costs.
1.2 Headings have been inserted in these Conditions for
convenience of reference only and will not effect their
construction.
ENTIRE AGREEMENT
2.1 The Quotation, these Conditions of Sale, the Order
Acknowledgment, the Payment Instructions and the Warranty
shall apply to all sales made by Western Multiplex and shall
constitute the entire agreement by Western Multiplex and the
Customer (the "Agreement ").
2.2 Any terms and/or conditions of sale, which may be included on
the Customer's purchase order form or any communication from
the Customer, that are not identical with the terms and conditions
steed in this document shall NOT become a part of the
agreement of sale unless expressly agreed to in writing in the
Quotation.
2.3 Western Multiplex's failure to object to any terms and/or
conditions of sale contained in any communication from the
Customer shall not be considered as acceptance of such terms
and/or conditions or as a waiver of the terms and conditions of
sale contained herein.
2.4 Western Multiplex shall sell to the Customer, and the Customer
shall purchase from Western Multiplex, the Equipment in
accordance with the Agreement. Western Multiplex accepts the
Customer's purchase orders for Equipment and agrees to deliver
the Equipment to the Customer only on the terms of the
Agreement.
2.5 No variation of the Agreement shall be binding unless agreed to
in writing by authorized representatives of Western Multiplex and
the Customer.
PRICING
3.1 All prices in the Quotation are exclusive of all shipping charges
and all applicable taxes including but not limited to, federal, state,
local, excise, sales and use taxes.
3.2 All prices in the Quotation unless otherwise stated:
(a) for North American customers are FOB Sunnyvale, CA,
USA. (New York Uniform Commercial Code); or
(b) for international customers are Ex-Works, Sunnyvale, CA,
U.S.A. (Incoterms 1990).
3.3 All prices in the Quotation include standard domestic packing,
unless a separate line item is provided detailing export or special
packing charges.
SHIPPING AND INSURANCE
4.1 Western Multiplex shall arrange shipping and insurance when
requested by the Customer, and shall bill the Customer for the
Equipment with the shipping and any insurance costs as separate
items, on an invoice (the "Invoice").
4.2 Delivery dates quoted by Western Multiplex are to be considered
estimates only. In no event will Western Multiplex be liable for
any loss or damage resulting from its failure to deliver products
within
a specified time.
TERMS OF PAYMENT
5.1 The Customer shall pay for all Equipment, including shipping and
insurance in accordance with the terms of the Invoice.
5.2 All Invoices for North American Customers are due and payable
in thirty (30) days from the date of the Invoice.
5.3 International Customers shall make payments in accordance with
Western Multiplex's Payment Instructions by either:
(a) providing a wire transfer (telegraphic transfer) for the full amount
of the Equipment, shipping and insurance charges contained in
the Quotation or the pro-forma Invoice sent to the Customer,
prior to the Shipping Date; or
(b) establishing an acceptable Letter of Credit (LC) for the full
amount of the Equipment, shipping and insurance charges
contained in the Quotation prior to the order being booked and
accepted by Western Multiplex.
5.4 If a Customer fails to pay an Invoice when due, Western
Multiplex may, without prejudice to am other remedy, postpone
shipments, alter payment terms, terminate the Agreement and
charge interest on all overdue amounts the rate of 1.5% per
month compounded monthly (or if less, the maximum allowed by
law). Upon demand, the Customer shall pay all such interest
charges and all reasonable collection fees, including reasonable
legal expenses.
SECURITY FOR PAYMENT
6.1 If the Customer is located in North America, the Customer
grants to Western Multiplex a purchase money security interest
in the Equipment to secure the payment of the purchase price of
the Equipment and all other amounts due from the Customer.
6.2 If the Customer is not located in North America:
(a) despite delivery and passing of risk in the Equipment and any
other provision of these Conditions, the title in the Equipment
shall not pass to the Customer until Western Multiplex has
received payment in full of the purchase price of the Equipment
and all other amounts then due from the Customer, and
(b) until the title in the Equipment passes to the Customer:
(i) the Customer shall hold the equipment as Western Multiplex 's
fiduciary agent and bailee, and shall properly store, protect and
insure the Equipment and shall identify the Equipment as
Western Multiplex property;
(ii) if the Customer fails to pay Western Multiplex in accordance with
the agreed payment terms, Western Multiplex may require the
Customer to deliver up the Equipment to Western Multiplex, and,
if the Customer does not, Western Multiplex may enter on the
premises where the Equipment is stored and repossess the
Equipment; and
(iii) the Customer shall not pledge the Equipment by way of security
for any, indebtedness of the Customer, but if the Customer
does so all moneys owed by the Customer to Western Multiplex
shall, without prejudice to any other remedy of Western
Multiplex, immediately become due.
CHANGES TO PRODUCT SPECIFICATIONS
7.1 Western Multiplex may, without notice to the Customer, make
changes to the specifications of Equipment which do not
materially affect the quality or performance of the Equipment.
EQUIPMENT CONFIGURATION AND EXPEDITING CHARGES
CONDITIONS OF SALE