Terms & Conditions

Definitions

• Lessor refers to uWave Monitoring Systems, LLC.

• Leasee refers to the customer leasing the equipment.

• 3rd-Party refers to the anyone outside the direct employment of the Leasee.

• Manufacturer refers to Instantel, Inc.

• Lease Rate(s) refers to the rate(s) charged by the Lessor to the Leasee for the Lease Equipment during the Lease Term.

• Damage refers to Damage to the Lease Equipment, not applying to Normal Wear and Tear, in which the Leasee would be financially responsible for repairs to the Lease Equipment.

• Loss refers to Damage to the Lease Equipment, not applying to Normal Wear and Tear, in which the Leasee would be financially responsible for the Replacement Cost of the Lease Equipment.

• Normal Wear and Tear refers to but not limited to cosmetic marks, scrapes, scratches or similar obtained during standard use recommended by the Manufacturer.

• Replacement Cost refers to the financial replacment cost of the Lease Equipment due to the Lessor from the Leasee in the event of damage to or loss of the Lease Equipment.

• Packing List refers to the list of Lease Equipment provided by the Lessor to the Leasee whichs describes the Lease Equpiment and shows the Replacement Cost.

• Lease Term refers to the dates where liability for Damage to or Loss of the Lease Equipment is transferred to the Leasee.

• Lease Equipment refers to all equipment transferred from the Lessor to the Leasee during the Lease Term.

• Lessor Carrier refers to shipping or freight company contracted by the Lessor to transport the Lease Equipment to the Leasee.

• Leasee Carrier refers to shipping or freight company contracted by the Leasee to transport the Lease Equipment to the Lessor.

By leasing any equipment from uWave Monitoring Systems, LLC you agree to the terms and conditions stated herein.

The Lease Term begins the day the Leasee receives the Lease Equipment from the Lessor Carrier. The Lease Term ends the day the Lease Equipment is received by the Lessor at 2801 Youngfield Street, Suite 171, Golden, Colorado from the Leasee Carrier.

The Lessor will insure against Loss or Damage to the Lease Equipment while the Lease Equipment is in transit to the Leasee via the Lessor Carrier. During the Lease Term, any Damage or Loss to the Lease Equpiment is the responsibility of the Leasee.

In the event of Damage or Loss to the Lease Equipment during the Lease Term, the Leasee is responsible for continuing to pay all Lease Rates until Lease Equipment has been returned to the Lessor OR the Leasee has paid the Replacment Cost to the Lessor. The Replacement Cost of each piece of Lease Equipment is included on the Packing List.

In the event that the Lease Equipment is returned to the Lessor with Damage, the Lessor or the Manufacturer will evaluate and determine the cost of repairs which will be billed to the Leasee. The cost of repairs shall be no more than the Replacement Cost listed on the Packing List.

uWave Monitoring Systems, LLC utilizes the following Common Carriers:

• UPS
• FedEx
• USPS

uWave Monitoring Systems, LLC will bill the customers preferred carrier account upon request or utilize an authorized third party account upon request.

Definitions

• Lessor refers to uWave Monitoring Systems, LLC.

• Leasee refers to the customer leasing the equipment.

• Manufacturer refers to Instantel, Inc.

• Shipping Charges refers to the rate(s) charged by the Lessor Carrier when Lease Equipment is shipped to the Leasee. Refers to the rate(s) charged by the Leasee Carrier when Lease Equipment is shipped to the Lessor.

• Damage refers to Damage to the Lease Equipment, not applying to Normal Wear and Tear, in which the Leasee would be financially responsible for repairs to the Lease Equipment.

• Loss refers to Damage to the Lease Equipment, not applying to Normal Wear and Tear, in which the Leasee would be financially responsible for the Replacement Cost of the Lease Equipment.

• Normal Wear and Tear refers to but not limited to cosmetic marks, scrapes, scratches or similar obtained during standard use recommended by the Manufacturer.

• Replacement Cost refers to the financial replacment cost of the Lease Equipment due to the Lessor from the Leasee in the event of damage to or loss of the Lease Equipment.

• Packing List refers to the list of Lease Equipment provided by the Lessor to the Leasee whichs describes the Lease Equpiment and shows the Replacement Cost.

• Lease Term refers to the dates where liability for Damage to or Loss of the Lease Equipment is transferred to the Leasee.

• Lease Equipment refers to all equipment transferred from the Lessor to the Leasee during the Lease Term.

• Lessor Carrier refers to shipping or freight company contracted by the Lessor to transport the Lease Equipment to the Leasee.

• Leasee Carrier refers to shipping or freight company contracted by the Leasee to transport the Lease Equipment to the Lessor.

All Shipping Charges are the responsbility of the Leasee unless prior authorization has been obtained from the Lessor

The Lessor agress to prepay and allow Shipping Charges in the following cases:

• Replace faulty or failed Lease Equipment or accessories used in standard methods recommended by the Manufacturer or by the Lessor.
• Replace Lease Equipment that is out of calibration. Lease Equipment will be replaced with similar Lease Equipment that is within calibration.
• Replace or return incorrect Lease Equipment that was sent to the customer by fault of the Lessor.
• Replace or return Lease Equipment subject to Damage or Loss by the Lessor Carrier due to faulty or incorrect packing of the Lease Equipment by the Lessor.

When the Leasee returns Lease Equipment to the Lessor, the Leasee agrees to reference the Packing List to ensure that all the correct Lease Equipment is returned. The Leasee also agrees to pack the Lease Equipment in a manner as to prevent Damage or Loss while in transit by the Leasee Carrier.

3rd-party use of equipment. The lease agreement does not cover any 3rd-party use of the equipment. Any technical support for 3rd-part use of leased equipment shall be billed at uWave Monitoring Systems,LLC standard hourly rate. Any loss or damage to the equipment by a 3rd-party shall be the responsiblity of the leasee.

All Instantel products come with a one-year warranty. Micromate monitors and sensors will have the warranty extended for a second year if they are returned to the Instantel factory for service and calibration within 30 days of the ‘Next Calibration’ date printed on the calibration label located on the product. If within a period of one year from the date of shipment to a customer the instrument fails to perform in accordance with Instantel’s published specifications and the operator’s manual, due to a defect in materials or workmanship, it will be repaired or replaced at Instantel’s option, free of charge. This warranty is void if the equipment has been dismantled, altered or abused in any way. This warranty is nontransferable. The above warranty does not include any implied warranty of functionality for a particular purpose. Instantel assumes no responsibility for damages of any description resulting from the operation or use of its products. Since it is impossible to anticipate all of the conditions under which its products will be used either by themselves or in conjunction with other products, Instantel cannot accept responsibility for the results unless it has entered into a contract for services which clearly define such an extension of responsibility and liability. Any shipments returned directly to Instantel must have our prior approval and all packages must display the Return of Material Authorization (RMA) Number issued by Instantel. Shipping charges to Instantel’s factory will be paid by the customer and those for return to the customer will be paid by Instantel. To protect your warranty, you must complete and return a Warranty Registration Certificate, or complete the online Warranty Registration Form, within ten days of purchase. Units will be assumed out of warranty if there is no warranty card on file at Instantel.

All refunds shall be issued in the form of a credit.