Terms and Conditions

Revised 10/07/2025
Download PDF of our Terms and Conditions

Streakwave Wireless, Inc., (“Streakwave”) makes all sales of products and services (“Products”) to customer (“Customer”) subject to the following Terms and Conditions, (“Terms and Conditions of Sale Agreement”):

1. Acceptance

Streakwave’s acceptance of all orders, however made, is expressly conditioned upon Customer’s consent, either expressed or implied, to the Terms and Conditions. Streakwave’s sales of Products to Customer are made on an all-sales final basis. Streakwave will not accept and expressly objects to and rejects, any other terms and conditions (whether written or oral) originating from Customer that purport to modify, add to, or otherwise vary the terms and conditions stated herein. Customer will have deemed to accept these Terms and Conditions of Sale Agreement by any of the following: a) placing an order for Products via approved method which includes telephone, online, written acknowledgment or other act or expression of acceptance, b) Customers offer to purchase Products from Streakwave, c) Customer’s acceptance of shipment from Streakwave and d) Customer’s payment for any Products. Customer expressly agrees that Streakwave will not be bound by any terms and conditions set forth by Customer unless agreed to by Streakwave’s authorized officer, in writing. Streakwave may require Customer to notate on the face of each submitted purchase order that the Terms and Conditions of Sale Agreement control; provided, however, that if Customer fails to include any such notation, Streakwave and Customer agree that the Terms and Conditions of Sale Agreement shall control.

2. Pricing

Pricing for all Products are displayed online, and applicable discounts are shown after logging into Customer’s account or set by agreed upon pricing arrangement. Pricing for Products does not include applicable, duties, taxes, freight, shipping costs and other special handling charges or fees. Additional fees may apply for special packaging, requested labeling, permits, certificates, customs and export documents and other special requests. Streakwave may charge a handling fee for orders where additional packaging or services are required. Quotations generated online or by Streakwave sale(s) personnel are generally valid for 2 days unless otherwise specified in writing. Quotations may include shipping estimates; however actual shipping charges may vary. In such cases actual shipping charges may be billed. Streakwave is not responsible for discrepancies / typographical errors, made by Streakwave, online, or those listed on product specification sheets created by the manufacturers represented. Pricing is subject to change at any time without notice.

3. Inventory / Back Orders / Special Orders / Advance Orders

Streakwave makes best efforts to maintain stock levels on most items offered. If an item is out of stock or on backorder Streakwave will notify Customer and make best efforts to provide of an estimated ship date based on the delivery schedule provided by the manufacturer. Streakwave will make best efforts to inform of manufacture delays that it is made aware of, but will not be held liable for late delivery, missed shipments, installation delays or dates or other related deadlines out of its control. Streakwave will use best efforts to fulfill orders and backorders as soon as possible. Customers desiring to purchase Products not normally stocked, or Products not listed on the website may place special orders. Unless otherwise mutually agreed in writing by the parties, Special orders are non-cancelable and non-refundable and may require pre-payment in full. Streakwave accepts (and in some cases requires) prepaid advance orders to guarantee future stock for specific items.

4. Shipment / Title / Risk of Loss / Shortages

4.1 Shipments and Risk of LossUnless otherwise agreed in writing, delivery will be made in accordance with Streakwave’s standard shipping practices. Risk of loss Title to the Products shall pass to Customer upon delivery or release of the Products to a) common carrier or b) Customer’s representative. Subject to Section 3, Streakwave will deliver the Products in accordance with the delivery date agreed by the parties. Streakwave’s delivery of the Products shall be Ex Works (Incoterms 2020) Streakwave’s shipping point unless otherwise indicated in writing, with all risk of loss, damage, theft, or destruction passing to Customer at such point, subject to Streakwave’s rights under applicable law. No such loss, damage, theft, or destruction to the Products, in whole or in part, shall impair the obligations of Customer under the Terms and Conditions of Sale Agreement, all of which shall continue in full force and effect. Streakwave shall not be liable for any shipping delays unless otherwise agreed in writing by the parties. Customer shall bear all applicable federal, state, municipal or other governmental tax, as well as any applicable import or customs duties, licensing, fees, and similar charges, however designated or levied on the sale of Products (or delivery thereof) or measured by the purchase price paid for the Products.

4.2 ShortagesCustomer must notify Streakwave of any claims regarding shortages or other nonconforming deliveries within three (3) business days after the receipt of the Products. In the event of such short shipments or nonconforming deliveries duly notified by Customer, Streakwave will provide the missing items or issue a credit memo at its sole discretion.

4.3 Export ControlsItems provided to Customer are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user for the identified end use. They may not be exported, re-exported, transferred, shipped to, sold in, or otherwise used in or sent to countries, end-users, or end-uses either in their original form or after being incorporated into other items, absent written approval by the U.S. government or as otherwise authorized by U.S. law and regulations. Customer shall not export or re-export Products in violation of applicable U.S. export control laws and shall be solely responsible for all licensing and regulatory compliance relating to subsequent transfers.

5. Payment / Title

5.1 Payment – Prepaid MethodsStreakwave may accept payment via wire transfer, PayPal, draft, or major credit card (Visa, MasterCard, Discover and American Express). Streakwave may require identity verification by Customer using various methods. If Streakwave is unable to verify the authenticity of the Customer, order details, or payment method, the order may be cancelled. International orders require payment in advance via wire transfer including all applicable fees. All transactions will be in US Dollars.

5.2 Net-TermsUnless otherwise agreed in writing, payment is due upon receipt of invoice, not receipt of product(s). All payments will be made in US Dollars. Customer will be required to pay a late fee of 1.5% per month of any outstanding balance owed. All drafts dishonored for any reason shall be assessed a $35.00 US Dollar service charge. In the event Customer stops payment on any drafts issued to Streakwave, for any reason, Customer hereby recognizes that Streakwave would suffer damage, the exact amount of which cannot be determined with certainty, and Customer shall pay Streakwave liquidated damages in the amount of $500.00 US Dollars for each such draft in addition to the outstanding balance. If Customer elects to pay any term invoice with credit card, a 3% convenience fee may be charged.

Customer may not use anticipated credits before Streakwave issues the credit memo to the Customer’s account. Payment using an anticipated credit(s) for purchases before Streakwave issues the credit memo will be considered a short payment and may result in the account being placed on temporary hold. Credit Memos must be used on current outstanding balances or future purchases. All returns for warranty or defect must first be approved under the manufacturer's return policy. Streakwave is not liable for return acceptance beyond the scope of the manufacturer's stated policy.

Streakwave reserves the right to withhold shipment of any part of an order or to require pre-payment of any given shipment if Customer does not make timely payment(s) the customer’s account may be placed on probation or suspended.

5.3 TitleTitle to Products shall remain with Streakwave until full payment is received. Until such time, Customer shall hold the Products as bailee only and shall keep them separate and identifiable from other goods. Streakwave reserves the right to reclaim goods not paid for in full and may enter Customer premises to do so without breach of peace or court order.

6. Past Due Payments

Streakwave reserves the right to withhold shipment of any part of an order or to require pre-payment of any given shipment if Customer does not make timely payment(s). If an account goes past due more than 3 times over a 9-month period, the customer’s account may be placed on probation, or suspended. Customer will pay and is responsible for all applicable taxes, duties, licenses, excises, and tariffs (taxes) levied upon the sale, purchase, or delivery of the Products. Streakwave may require a valid major credit card to be kept on file, reserving the right to charge the credit card(s) on file including applicable finance charges of 1.5% per month, if payment is not received by the date due.

7. Returns

Product returns or exchanges may be approved on a case-by-case basis at Streakwave’s sole discretion and are subject to Streakwave’s Return Merchandise Authorization (RMA) policies and procedures available on its website. These policies may be updated at any time without notice.

All returns must include a valid RMA issued by Streakwave. Unless otherwise agreed in writing, all approved returns will be issued as in-house credit only.

8. Warranty

Streakwave does not provide warranties on products it does not manufacture and will pass through any applicable manufacturer warranties.

For select items, Streakwave may offer a limited extended warranty of up to two (2) years from the purchase date. This extended warranty applies only to end-users and is not available to resellers. Refer to your sales order or invoice for applicable warranty details.

All other warranty claims are subject to the individual manufacturer’s policies. Customers are responsible for reviewing manufacturer warranty terms prior to contacting Streakwave. If a product qualifies under manufacturer warranty, Streakwave may assist in facilitating the claim process.

Streakwave is not liable for consequential, incidental, special, indirect, or punitive damages resulting from any warranty breach. No implied warranties, including merchantability or fitness for a particular purpose, are provided. Liability shall not exceed the purchase price of the product.

9. Events of Default

The following constitute events of default: failure to pay any amounts owed; failure to perform contractual obligations; inaccurate representations; insolvency or business failure; legal actions such as bankruptcy or asset seizure; or changes in ownership/control without prior written consent from Streakwave.

10. Remedies of Streakwave

10.1 GeneralUpon default, Streakwave may, without notice, declare all balances due, suspend deliveries, repossess products, require product return, resell products, or exercise rights under applicable law.

10.2 Mitigation of DamagesStreakwave may attempt to resell repossessed products at a reasonable price but is not obligated to actively seek buyers.

10.3 Collection CostsCustomer is responsible for all collection costs, including reasonable attorney fees.

10.4 Non-Exclusive RemediesAll remedies are cumulative and not exclusive of any rights available under law.

11. Time of the Essence

Time is a material element of all provisions within the Terms and Conditions of Sale Agreement.

12. Indemnification

Customer agrees to indemnify and hold harmless Streakwave and its representatives from any claims, damages, or liabilities arising from third-party claims related to legal violations, IP infringement, injury, death, or property damage caused by Customer’s actions or negligence.

This includes claims arising from third-party use of the Products. Legal defense will be conducted by counsel selected by Streakwave.

13. Limitation of Liability

Streakwave is not liable for damages or injuries resulting from product malfunction, including impacts to business operations, equipment, or individuals.

If liability is established, it is limited to the purchase price of the product. Streakwave is not responsible for loss of revenue, profit, data, business interruption, or any indirect or punitive damages, regardless of cause.

14. Assignment

Customer may not assign rights or obligations under this agreement without prior written consent from Streakwave.

15. Waiver

Failure by Streakwave to enforce any provision does not constitute a waiver. Any waiver must be in writing and signed by an authorized representative.

16. Severability

If any provision is found invalid or unenforceable, it will be removed while the remaining provisions remain in effect.

17. Governing Law / Venue / Jurisdiction

This agreement is governed by the laws of the State of California. All disputes shall be resolved exclusively in courts located in Santa Clara County, California.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. Customers outside the U.S. appoint the California Secretary of State as agent for service of process.

18. Entire Agreement / Modification

This document represents the complete agreement between the parties and supersedes all prior agreements. Modifications must be in writing and signed by both parties.

19. Non-Solicitation

Customer agrees not to solicit or hire Streakwave employees for 18 months following the last transaction without prior written consent.

20. Compliance with Laws

Customer agrees to comply with all applicable U.S. laws, including export controls, sanctions, and anti-bribery regulations such as the Foreign Corrupt Practices Act.

Products may require export authorization. Customer also agrees to comply with Equal Credit Opportunity Act provisions prohibiting discrimination in credit applications.

21. No Agent

Neither party acts as an agent of the other and may not use the other’s name without written consent.

22. Notices

All notices must be sent via certified mail or overnight courier to Streakwave Wireless, Inc., 840 Jury Ct., San Jose, CA 95112.

Notices are deemed received two (2) days after mailing or upon confirmed delivery. Fax notices are considered received upon confirmation, with timing adjusted for non-business hours.

23. Accept

Customer acknowledges and accepts these Terms and Conditions as the sole governing agreement for all product purchases.