INSTALLATION AND MAINTENANCE MANUAL
LYNX DS-3 (45Mbps)
LICENSE-FREE (U-NII, LE-LAN) RADIOS
MARCH 2000
vii W/CS97-1
DEFINITIONS
1.1 In these Conditions, unless there is something in the subject
matter or context necessarily inconsistent:
(a) "Western" means Western Multiplex Corporation (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 to the Customer;
(f) "Payment Instructions" means Western's payment
instructions, (Western document P197-1);
(g) "Quotation" means the quotation signed by an authorized
representative of Western and provided to the Customer;
(h) "Shipping Date" means the actual date on which the
Equipment left Western's factory at Sunnyvale, CA, U.S.A.;
(i) "Warranty" means Western's warranty, document W97-1;
(j) "Invoice" means the bill of goods prepared by Western 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 and shall constitute the entire
agreement by Western 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'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 shall sell to the Customer, and the Customer shall
purchase from Western, the Equipment in accordance with the
Agreement. Western 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 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 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 are to be considered estimates
only. In no event will Western 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'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.
5.4 If a Customer fails to pay an Invoice when due, Western 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 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 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 's
fiduciary agent and bailee, and shall properly store,
protect and insure the Equipment and shall identify the
Equipment as Western property;
(ii) if the Customer fails to pay Western in accordance with
the agreed payment terms, Western may require the
Customer to deliver up the Equipment to Western,
and, if the Customer does not, Western 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 shall, without prejudice to any
other remedy of Western, immediately become due.
CHANGES TO PRODUCT SPECIFICATIONS
7.1 Western 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
8.1 At the Customer's request, Western may, for a fee agreed in
advance:
(a) reconfigure the Equipment; or
(b) expedite the Customer's order.
CONDITIONS OF SALE
