Terms of Sale
These Terms of Sale (“Agreement”) apply to all purchases of Specter Wireless, LLC (“Specter”) products, services, or support (together, “Product”). By placing an order, you agree to be bound by the following terms and conditions for your purchase from Specter of Products sold in the United States through this website. You agree and represent that you are buying for your own internal use and not for resale. If you have already placed your order and no longer want to be bound to this Agreement then you must either promptly cancel your order or return your purchase in accordance with Specter’s Return Policy. Please act promptly and note that these options may carry restocking or other fees.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
This is a binding agreement. As an Agreement between Specter and yourself, it may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and Specter. In addition to this document, the terms contained within the other documents referenced in this Agreement may apply to your purchase.
Orders, Pricing and Payments. Specter will use its best efforts to communicate accurate pricing and Product information but will not be held responsible for any pricing, typographical, or other errors in such communications. No order is binding unless accepted by Specter. Your order is subject to cancellation by Specter, in Specter’s sole discretion. Prices do not include charges for shipping and handling, for sales/use taxes, and for other government required fees, such as for recycling; any such charges are in addition to stated prices and are your responsibility. Taxes will be charged for orders shipped to states in which Specter is obligated to collect and report such sales. Specter may process payment for and ship parts of an order separately, but generally Specter will process payment when your order is shipped. You may cancel your order at any time prior to shipment.
Shipping and Return Policy. Title to Products ordered passes to you when the Product is shipped. Product availability may be limited, and Products may not be available for immediate shipment. In the event that Products ordered become unavailable, Specter may cancel the order. If for any reason, you are not happy with your purchase, you may return it for a replacement or full refund of the purchase price (excluding shipping and handling charges) within fourteen (14) days from the date of shipment. All such returns require a Return Authorization (RA) number. To obtain an RA number and information on our RA process, please call (817) 560-7300. An RA must be requested within fourteen (14) days of Product shipment and all Products and accessories must be returned to Specter within ten (10) days of receipt of the RA number. You must follow the return procedures provided to you Specter, you must return the Product in original or equivalent packaging, you are responsible for risk of loss and damage during return and you must pay return shipping charges. Returns made without an RA number will be refused. Custom-configured products, close-out products, and refurbished products may NOT be returned; all sales are final.
Warranties. Specter offers a 1 year, non-transferable limited warranty from date of purchase against defects in Product manufacture. For the avoidance of doubt, such limited warranty does not cover ordinary wear and tear or damage caused by improper or negligent use or abuse of the Products. EXCEPT AS EXPRESSLY STATED IN THIS PARAGRAPH, SPECTER MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND MAKES NO WARRANTIES WHATSOEVER FOR SERVICES, MAINTENANCE OR SUPPORT. SUCH SERVICES, MAINTENANCE AND SUPPORT IS PROVIDED BY SPECTER “AS IS”. TO THE EXTENT THAT IMPLIED WARRANTIES MAY NOT BE EXCLUDED, WARRANTIES OF TITLE AND NON-INFRINGEMENT ARE LIMITED TO THE EFFECTIVE PERIOD OF THE APPLICABLE LIMITED WARRANTY FOR THE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SUCH LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SPECTER’S ENTIRE LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT.
Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
Limitation of Liability. SPECTER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. SPECTER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, SPECTER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE AMOUNT INVOICED FOR THE PURCHASE OF THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND SPECTER arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, Specter’s advertising, the Products or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.
Dispute Resolution and Binding Arbitration. YOU AND SPECTER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SPECTER, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), Specter’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SPECTER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration.
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Specter will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.