Sales Policies

Hours

Excepting holidays, representatives are available 8:00 AM to 4:00 PM Pacific Time to assist you with your order, technical, or account questions.

Payment Terms

Customer shall pay Antenna Factor in advance for all evaluation kits and orders for less than 1000 pieces of Product. Customer shall pay all other orders for Product without setoff or deduction upon receipt of Antenna Factor's invoice, unless prior credit approval has been granted. Antenna Factor may extend NET 30 terms on approved accounts. Please complete Antenna Factor's credit application for consideration of NET 30 terms. All prices quoted or charged shall be EXW Antenna Factor. Prices do not include sales, excise, use, or other taxes measured by the sales price of Product sold. Customer shall pay any and all such taxes.

Sponsorship/Donations

The primary market focus of Antenna Factor is volume OEM manufacturers. We recognize, however, that our products have broad application outside this target market. On occasion, Antenna Factor may receive requests for donations from charitable, scientific, or educational institutions. While Antenna Factor finds it appropriate to honor only a small percentage of these requests, each request is fairly considered in light of its scope and merit. If you have such a request please state in writing the institution you represent, the nature of your project, and the merit or value to Antenna Factor of participation. Address your correspondence to: Antenna Factor, Attention: Director of Marketing, 159 Ort Lane, Merlin, OR 97532.

Quantity Discounts

Antenna Factor may, in its discretion, extend quantity pricing discounts to Customers with accounts in good standing based on the amount of Product purchased in a six-month period with up to four Product release dates. In the event of rescheduling or partial cancellations, Antenna Factor will retroactively invoice Customer to reflect the discount attributable for the actual amount of Product accepted.

Delinquent Accounts

Any account more than 20 days in arrears will be placed on credit hold, and your accounting department contacted. Interest shall accrue on all past due amounts at the rate of 1.5% per month or the maximum allowed by law, whichever is less. Billing is a courtesy and we ask you to render payment promptly.

Lead Times

Antenna Factor attempts to maintain a shelf stock to buffer urgent small-quantity requirements; however, due to the popularity of the product and rapid stock fluctuations it is best to allow 8-10 weeks for volume deliveries. Actual lead times will be quoted at the time of sale. More urgent requirements are accommodated whenever possible.

Order Cancellations

Customer may cancel an order for standard Product at any time prior to shipment by Antenna Factor. If the cancellation affects a quantity discount extended for a blanket order, Customer will be billed retroactively for the difference between the quantity of Product ordered and quantity accepted. Cancellation of an order for custom Product at any time or standard Product after shipment is not permitted.

Changes

Antenna Factor realizes Customer's needs change rapidly and will attempt to accommodate requested changes to Customer's orders. Additional charges for requested changes may apply.

Delivery

Antenna Factor will deliver the Products by placing them with a carrier for delivery to Customer. Delivery dates are estimated only. In no event shall Antenna Factor be liable to Customer or any third parties for any damages of any kind, direct or indirect, in the event of delay of delivery.

Inspection and Acceptance

Customer shall promptly inspect and test all Products upon receipt. Customer shall be deemed to have accepted all Products unless Customer gives written notice of defective or non-conforming Products within 15 days after receipt. Customer's notice shall describe the defect or non-conformity of the Products. Repair or replacement of any Products Antenna Factor determines to be defective or non-conforming shall be in accordance with Antenna Factor's Limited Warranty and Exclusions and Customer's Remedies as provided for below.

Returns

All Product returned to Antenna Factor must be accompanied by a valid Return Merchandise Authorization Number ("RMA#"), which may be obtained by calling our Customer Service Department at (541) 471-6256. Products not bearing an RMA# will be returned at Customer's expense. Customer may return for refund or credit new, unused, non-defective, or conforming Products that were shipped within the prior 120 days subject to the following conditions:

1. a 15% restocking charge or
2. no restocking charge when the return is accompanied by a new order for Product that is at least twice the invoice amount (freight, insurance, and taxes excluded) of the returned Product.

Limited Warranty and Exclusions

Antenna Factor warrants that its Products will conform to Antenna Factor's current published specifications and be free of defects in materials and workmanship for 90 days from the date of purchase when used in accordance with the guidelines and parameters specified by Antenna Factor's documentation. Antenna Factor does not warrant against defects arising from improper design, application, or assembly practices, rework damage, exposure to moisture, impacts, excessive heat or cold, ESD, or overvoltage, or any other condition resulting from other than ordinary and appropriate usage. Antenna Factor does not warrant the suitability of its Products for any specific application by Customer. NONE OF ANTENNA FACTOR'S PRODUCTS ARE INTENDED FOR USE IN APPLICATIONS IN WHICH THE SAFETY OF LIFE OR PROPERTY IS AT RISK. Antenna Factor does not warrant any of its Products used in any application in which life or property is at risk.

Disclaimer of other Warranties

LINX TECHNOLOGIES AND ITS ANTENNA FACTOR DIVISION DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LINX TECHNOLOGIES OR ANTENNA FACTOR BE LIABLE FOR ANY OF CUSTOMER'S INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOST REVENUES, ARISING IN ANY WAY FROM ANY DEFECTIVE OR NON-CONFORMING PRODUCTS OR FOR ANY OTHER BREACH OF CONTRACT BY LINX TECHNOLOGIES OR ANTENNA FACTOR. The limitations on Antenna Factor's liability is applicable to any and all claims or theories of recovery asserted by Customer, including, without limitation, breach of contract, breach of warranty, strict liability, or negligence. Customer assumes all liability (including, without limitation, liability for injury to person or property, economic loss, or business interruption) for all claims, including claims from third parties, arising from the use of the Products.

Customer's Remedies

In the event warranty service is required, an RMA# must be obtained from Antenna Factor prior to return. Antenna Factor will carefully assess Customer's returned Product. If it is found to qualify for warranty status, Antenna Factor will, at its election, repair or replace the Product without charge (excluding inbound shipping), or refund the original purchase price paid.

Limitations on Customer Remedies

IN NO EVENT SHALL LINX TECHNOLOGIES OR ANTENNA FACTOR BE LIABLE FOR ANY OF CUSTOMER'S INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOST REVENUES, ARISING IN ANY WAY FROM ANY DEFECTIVE OR NON-CONFORMING PRODUCTS OR FOR ANY OTHER BREACH OF CONTRACT BY LINX TECHNOLOGIES OR ANTENNA FACTOR. The limitations on Linx Technologies and Antenna Factor's liability is applicable to any and all claims or theories of recovery asserted by Customer, including, without limitation, breach of contract, breach of warranty, strict liability, or negligence. Customer assumes all liability (including, without limitation, liability for injury to person or property, economic loss, or business interruption) for all claims, including claims from third parties, arising from the use of the Products.

Limitations on Time to Bring Action

Any action by Customer against Linx Technologies and/or Antenna Factor must be commenced by the Customer within one year after the cause of action has accrued.

Antenna Factor's Remedies

Upon default by Customer, Linx Technologies and Antenna Factor shall have all the remedies afforded a seller of goods at law or in equity, including, without limitation, the right to (a) immediately accelerate all amounts due from Customer, (b) suspend shipment of all Products ordered, and (c) cancel all orders for Products.

Indemnity

Customer will indemnify, defend, protect, and hold harmless Linx Technologies and Antenna Factor from and against all claims, damages, actions, suits, proceedings, demands, assessments, adjustments, costs, and expenses incurred by Linx Technologies or Antenna Factor as a result of or arising from any Products sold by Linx Technologies or Antenna Factor to Customer.

Agency Approval/Certification

The purchaser understands that approvals may be required by the FCC or other agencies worldwide. IT IS THE SOLE RESPONSIBILITY OF CUSTOMER TO VERIFY THE APPROPRIATENESS OF THE PRODUCTS FOR EACH INDIVIDUAL APPLICATION AND OBTAIN ANY REQUIRED PERMIT, CERTIFICATION, OR OTHER NECESSARY APPROVAL.

Proprietary Information

Antenna Factor's Products may contain proprietary, patented, or copyrighted techniques, components, or materials. Under no circumstances shall any Customer have any right, title, or interest in any of Linx Technologies or Antenna Factor's proprietary information.

Delays and Force Majeure

Linx Technologies or Antenna Factor shall not be in default for any delay in performance or delivery caused by circumstances beyond its reasonable control, including, but not limited to, an act of God, fires, floods, wars, terror, government actions, accidents, labor troubles, labor shortages, unavailability of materials, unavailability of equipment, or unavailability of transportation ("Force Majeure Event"). Linx Technologies and Antenna Factor may, without liability to Customer, suspend or cancel its performance upon the occurrence of any Force Majeure Event without liability to Customer.

Complete Agreement

These Terms and Conditions may be changed only by a written document executed by a duly authorized officer of Antenna Factor and the Customer. Any order, acknowledgment, or other form of acceptance issued by Customer that modifies, conflicts with, or contradicts any provision of these Terms and Conditions is objected to and rejected by Antenna Factor.

Choice of Law

The parties' agreement shall be governed by the laws of the State of Oregon. For international sales, the laws of the State of Oregon, and not the United Nations Convention on Contracts for the International Sales of Goods, shall apply.

Arbitration and Attorney Fees

Any and all claims arising under these Terms and Conditions, or arising in any way from the sale or use of the Products, or otherwise, shall be resolved by binding, mandatory arbitration under the authority of the Arbitration Service of Portland before a panel of three arbitrators. The arbitration shall be conducted in Portland, OR. The prevailing party in the arbitration shall be entitled to an award of attorney fees and all other costs of arbitration against the non-prevailing party.