Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Aleev dba C5. The collective work includes works that are licensed to Aleev dba C5. Copyright 2003, Aleev dba C5 ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Aleev dba C5 or purchasing Aleev dba C5 products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Aleev dba C5 or to purchase Aleev dba C5 products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Aleev dba C5. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Aleev dba C5 used in the site are trademarks or registered trademarks of Aleev dba C5


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Aleev dba C5 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Aleev dba C5 does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Aleev dba C5 does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Aleev dba C5 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Aleev dba C5 has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Aleev dba C5 product is mistakenly listed at an incorrect price, Aleev dba C5 reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Aleev dba C5 reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Aleev dba C5 shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Aleev dba C5 without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Aleev dba C5 may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Aleev dba C5.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Aleev dba C5 products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Aleev dba C5 products) must be commenced within one (1) year after the claim or cause of action arises. Aleev dba C5's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Aleev dba C5 may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Aleev dba C5 or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Aleev dba C5 does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Aleev dba C5 is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Aleev dba C5 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Aleev dba C5 in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Aleev dba C5, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Aleev dba C5 may link to sites operated by third parties. However, even if the third party is affiliated with Aleev dba C5, Aleev dba C5 has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Aleev dba C5. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Aleev dba C5 seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Your (the Buyer) purchases from Aleev dba C5 are made subject to these Terms and Conditions. Please review them carefully before placing your order. These Terms and Conditions are subject to change at any time without notice.

This document supersedes any other agreement, written or implied, including, but not limited to, terms specified on a purchase order or other document, unless specifically consented by Aleev dba C5 in a written confirmation sent to the Buyer and signed by an authorized representative of Aleev dba C5.


Our Guarantee
Aleev dba C5 will guarantee the following: Your order will be delivered on time, error free, and in good condition. Your charge for shipping and handling (if applicable) will be refunded in the event we do not meet an agreed delivery date. We cannot guarantee on-time delivery for an order involving hazardous materials, drop shipments, third party billing, customer pickups, shipments outside of the continental U.S., extreme weather conditions, or acts of God. Condition of goods guarantee is only valid when damages are reported on the same day as delivery with supported documentation acceptable to Aleev dba C5. Error free guarantee is only valid when errors are reported within three (3) business days of product receipt and supported by documentation acceptable to Aleev dba C5. Aleev dba C5will not be responsible for shipping discrepancies, loss, damage or non-conformities reported beyond the specified period.


Representation of Buyer’s Solvency
Your order to Aleev dba C5 shall constitute your written representation to Aleev dba C5 of your solvency at any time to cover the financial responsibility of your purchase. If your credit risk becomes unsatisfactory to Aleev dba C5, Aleev dba C5 may require cash or satisfactory security prior to subsequent shipments or delivery; hereunder, the election by Aleev dba C5 to require such cash or security shall not affect the obligation of Buyer to take and pay for the contracted goods.


Returns
Aleev dba C5 does not accept buyer’s remorse returns. Aleev dba C5 does, however, accept returns for stock rotation and warranty purposes as outlined below. All returns must receive a Return Merchandise Authorization (RMA) number prior to shipping to Aleev dba C5. All returns must be accompanied by a completed RMA form with freight prepaid by the Buyer. If any returned items are received at Aleev dba C5 without an approved RMA number then the items are forfeited to Aleev dba C5. Products purchased from Aleev dba C5 may not be returned for credit or refund without the approval of Aleev dba C5. Fraight on product(s) returned due to an error by the Buyer shall be paid by the Buyer. Freight on product(s) returned due to an error by Aleev dba C5 shall be paid by Aleev dba C5. All orders refused by Buyer and returned to Aleev dba C5 without prior approval of Aleev dba C5 will result in Buyer being billed a 30% restocking fee and for all shipping charges if applicable.


RMA Procedure
For items eligible for return, please submit a completed RMA from (this form can be found at www.c5.com or be provided by your account manager along with instructions). All RMA numbers are valid for fourteen (14) business days after issuance. Only products purchased from Aleev dba C5 are eligible for return. All credits must be used within one year of the date they were issued. Account credit will be applied within two (2) weeks of Aleev dba C5 receiving the return, and is valid only toward payment of future purchases approved by your Aleev dba C5 account representative. Credits will only be issued to accounts in good standing. All returns transactions are subject to a $125 minimum. Transactions below $125 will be assessed a $20.00 processing fee.


Stock Rotation
Aleev dba C5 allows for a maximum of 5% of your average monthly purchases to be returned for stock rotation purposes. Your return credit is accrued quarterly and available for use the following quarter. Goods eligible for stock rotation must be in new and sellable condition, free of any damage, stickers, and writing on package. Goods must be current items, and not marked “end of life” or “discontinued” at Aleev dba C5. All stock rotation requests must be submitted on the approved Aleev dba C5 RMA request form. Account credit will be applied within two (2) weeks of Aleev dba C5 receiving the return, and is good only toward payment of future purchases approved by your Aleev dba C5 account representative. Special stock rotation programs are available to pre-approved accounts. An auxiliary agreement of terms and conditions will be required. Please contact your Aleev dba C5 account representative to discuss your organization’s program options.


Warranty Returns
Aleev dba C5 will honor all manufacturers’ warranties where applicable. All warranty claim requests must be submitted on the approved Aleev dba C5 RMA form. Damaged, abused, or misused items are ineligible for warranty claims. Warranty replacement will be issued within four (4) weeks of Aleev dba C5 receiving the product; Aleev dba C5 reserves the right to issue account credit in lieu of replacement. Final decisions on accepting warranty claims are bound to the original manufacturer’s warranty acceptance policy with Aleev dba C5. (see Name Branded and Original Equipment Manufacturer (OEM) Warranty Terms)


Terms
The Buyer will be invoiced on the day of shipment and invoices will arrive by email (email delivery of invoices is also available). Aleev dba C5 accepts applications for net term accounts, credit card payment accounts, pre-approved company check accounts, cash-on-delivery (COD) accounts, and wire-transfer accounts. Please contact your account representative for the set-up forms for your chosen account type.
  • All new accounts are set up as COD Certified Funds until the chosen account type is approved.
  • Net terms require prompt payment by company check within predetermined net days from the shipment date unless otherwise stated in the invoice. If payment of net terms invoices is made by credit card, then a credit card processing fee will be charged.
  • A 3% credit card processing fee is applied to all invoices, including shipping and handling fees, on all credit card payment accounts.
  • There is a $35.00 charge for returned checks and EFT rejections for any reason.
  • A late payment charge of 1.5% per month (18% APR) will be charged on all invoices not paid within the defined terms.
  • In the event Aleev dba C5 retains a collections agency to enforce any of your payment obligations, you agree to pay any and all costs and expenses associated with such enforcement (including, but not limited to, collection, attorney, and litigation fees).
  • You agree to pay or reimburse Aleev dba C5 for any and all sales, use, and excise taxes that may be imposed on you or Aleev dba C5 by any government entity as a result of any sales to you, regardless of timeframe.
  • Account reconciliations assistance sessions are available from our account receivables department at any time, however any account reconciliations sessions in excess of four (4) per year will require the Buyer to pay $30 for each additional session.


Fees
Aleev dba C5 will impose the following fees unless specifically waived by Aleev dba C5 in a written confirmation sent to the Buyer and signed by an authorized representative of Aleev dba C5.
  • Minimum Order Fee – for all orders of less than $50.00, a $5.00 minimum handling fee will apply
  • Credit Card Transaction Fee – all invoices that are paid by credit card will incur a 3% transaction fee based on the total amount due on the invoice including shipping and handling fees. If a credit card payment is applied to an invoice on a net terms account, the 3% transaction fee will be either applied to the payment of the invoice.
  • Shipping Fees – shipping fees are based on the current shipping price schedule of the shipping company used at the time of delivery. Aleev dba C5 offers a variety of shipping companies and methods. Please contact your account representative to discuss shipping options and prices that are available for your account. Any orders of $350 or greater that are shipped to one location (not drop shipped to multiple locations) are eligible for free shipping within the continental United States, certain restrictions apply, please see your Aleev dba C5 account representative for details.
  • Restocking Fees – any shipment refused by the buyer and without an approved RMA form are subject to a 30% restocking fee.
  • Handling Fees – Aleev dba C5 does not normally apply any handling fees, although there are exceptions based on product type, shipping terms, and/or account type or status. If any handling fees are applicable, your Aleev dba C5 account representative will notify you in advance of any order being processed.



Prices
Please contact your account representative for pricing. Please note that price quotes do not include shipping or credit card transaction fees. Where applicable, sales tax will be added to your order unless a valid tax exemption certificate is provided. Customer may also be charged customs duties when applicable. Special pricing programs are available to pre-approved accounts. An auxiliary agreement of terms and conditions will be required. Please contact your Aleev dba C5 account representative to discuss your organization’s program options.


Minimum Advertised Pricing Policy (MAP)
Aleev dba C5 , as a valued partner of many of the wireless industry’s most admired brands in accessories, recognizes and respects the Minimum Advertised Pricing (MAP) and Approved Retail Partner (ARP) programs that have been and will continue to be established by our various brands.  Therefore, Aleev dba C5 strictly adheres to our name brand manufactures’ MAP and ARP policies, and as part of the terms and conditions of purchasing from Aleev dba C5, the Buyer must adhere to all MAP and ARP policies prescribed by manufacture(s) of the name brand(s) that the Buyer is purchasing from Aleev dba C5. If a specific brand that we distribute has an established Minimum Advertised Pricing or Approved Retail Partner program in place, Aleev dba C5 will require the Buyer to agree and to adhere to these established policies.  In the event that the Buyer either does not agree to the policy or is found to be in non-compliance of the policy, Aleev dba C5 will not be able to continue supplying such products that are covered under these agreements until the Buyer is either approved by the brand or come back in compliance with the terms and conditions of the MAP and/or ARP policies.  Continued violations of MAP and/or ARP policies, whether intentional of not, will result in the immediate termination of Aleev dba C5’s business relationship with the Buyer at Aleev dba C5’s discretion. Depending on the name brand manufacture’s terms, the Buyer may be restricted from reselling/retailing their Aleev dba C5 product purchases online (internet / web sales). The Buyer is required to provide full-disclosure of any online, internet, and web based businesses in which product purchased from Aleev dba C5 will be sold through channels. In some cases, name brand manufactures require pre-approval of the Buyer (ARP terms) before Aleev dba C5 has the right to fulfill the order request for the Buyer. Your Aleev dba C5 account representative will gladly assist you with the pre-approve process if required for a specific brand or item. For more information regarding name brand manufactures’ MAP and ARP policies, please contact your Aleev dba C5 account representative.


Damages in Shipment
Aleev dba C5 does not accept responsibility for missing or damaged products during shipping after they leave Aleev dba C5’s premises. Aleev dba C5 will, however, will assist in recovery of losses or damages associated with shipping once verified that event occurred during transit.
    Do not accept any damaged packaged unless the freight carrier has acknowledged the damage on the air bill or bill of lading statement.
  • If damaged material is inside the package, not visible from the outside, please thoroughly document the damage and retain all parts. Damage must be reported to Aleev dba C5 same day.

Aleev dba C5, depending on the shipping company chosen by the Buyer, offers shipping insurance options. Any costs from shipping insurance options that are chosen by the buyer will be added to as part of the shipping fees of the final invoice. Aleev dba C5 is not responsible for any policies, discrepancies, or issues with claims to the shipping insurance provided by the shipping company. Aleev dba C5 will gladly assist with investigation of any insurance claim, however, final decision of any insurance claim rests with the shipping company that was chosen. Please contact your Aleev dba C5 account representative for information and options regarding shipping insurance.


Limited Warranty on C5 Branded Products
C5 brand accessory products are exclusively offered by C5. In lieu of all other warranties either expressed or implied, all C5 brand accessory products include a one (1) year warranty against defects in materials and workmanship. C5 makes no other warranty either expresses or implied in regard to C5 products.


Name Branded and Original Equipment Manufacturer (OEM) Warranty Terms
Name branded and OEM warranty terms are determined by the respective manufacturer upon delivery. If the product fails to confirm to their limited warranty, Buyer shall notify Aleev dba C5 of such nonconformity in writing within five (5) business days after delivery, accompanied by documentation supporting the existence of a nonconformity that is acceptable for Aleev dba C5’s sole remedy. Aleev dba C5 may, at its discretion, replace the nonconforming goods, rescind the underlying contract so far as the goods are concerned, or refund any purchase price paid by Buyer. Aleev dba C5, having no control over the use of the goods, does not guarantee finished work nor shall Aleev dba C5 be responsible for the condition of the goods after title passes to Buyer with respect to any goods not manufactured by Aleev dba C5. Aleev dba C5 warrants such goods only to the extent that C5 can enforce liability against the manufacturer there of and the manufacturer’s warranty is assignable to Buyer. This limited warranty is in lieu of all OTHER warranties, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES of merchantability AND fitness for purpose.


Limitation of Liability
The remedies set forth here in are exclusive and the liability of Aleev dba C5 with respect to any contract of sale or anything done in connection with the same, whether in contract, under any warranty in tort (including negligence), in strict liability or otherwise shall not exceed a refund of the purchase price paid by the Buyer. Under no circumstance shall Aleev dba C5 be liable for any punitively, indirect, special, incidental or consequential injury or damage, property damage, damage to or loss of equipment, profits or revenue, cost of renting replacement, and any other additional expenses, even if Aleev dba C5 has been advised of the possibility of such damages. The purchase price stated for the goods is consideration for the foregoing limitation on Aleev dba C5’s liability and Buyer’s remedies.


Force Majeure
Aleev dba C5 shall not be liable for any expenses or damages resulting from any delays in manufacturer, shipping or delivering goods in whole or in parts by acts of the government, acts of God, acts of war, strikes, failure of utilities, delays in transportation, or omissions of the Buyer or any other occurrence or event beyond Aleev dba C5’s reasonable control. The failure or delay on the part of Aleev dba C5 to exercise any right shall not constitute a waiver of any of Aleev dba C5’s rights.


Special Order Packaging
If Buyer has requested and Aleev dba C5 has provided special order packaging, Aleev dba C5 represents warrants and covenants with the Buyer that (a) Aleev dba C5 is authorized to order, review, and approve such order packaging; (b) Aleev dba C5 has reviewed and approved proof of such special order packaging; and (c) such special order packaging is in conformity with the standards and specifications of the party for who the buyer is an authorized distributor. Buyer agrees to indemnify and connection with any third party claim or action with respect to any special order packaging.


Events of Default
In addition to the provisions relating to default within this agreement, any of the following shall be a default here under: (a) failure of the Buyer to perform any of its obligations; (b) death of the Buyer (if not a representative for another entity); (c) institution of any proceedings in bankruptcy or receivership or insolvency or against the Buyer; (d) issuance of any execution of process against any property of the Buyer; (e) any warranty or statement of the Buyer proving to be materially incorrect and the event of any under the Uniform Commercial Code of Texas including but not limited to the rights of sets of remedies of Aleev dba C5 shall be cumulative and no waiver of any default shall be deemed a waiver of any subsequent defiant of the event that Aleev dba C5 is required to maintain legal proceedings to exercise its remedy. The Buyer agrees to pay a reason attorney fee and court costs.


Taxes
All taxes, duties or fees payable with respect to the purchase and sale of Aleev dba C5’s goods shall be the responsibility of the Buyer.


Assignment, Successors, & Enforcement
This agreement may not be assigned by the Buyer without the prior written consent of Aleev dba C5. This agreement shall be binding upon the parties and their permitted successors and assigns. In the event, any provisions of these terms and conditions is held unenforceable in any respect, unenforceability shall not affect any other provisions which shall be constructed as if such unenforceable provision had not been a part hereof.


Governing Law, Jurisdiction & Venue
The purchase and sale of Aleev dba C5’s goods shall be governed by the Laws of the State of Texas, jurisdiction and venue for any dispute between Aleev dba C5 and Buyer with respect to the purchase and sale of C5’s goods shall be in Tarrant County, Texas. Each party here to waives the right to change of venue and submits to the jurisdiction of such Courts.