Exhibit 10.11
Memorandum of Understanding and Agreement
Between
Malsha Imports, Inc.
and
Authorized Dealer
This Memorandum of Understanding is entered into as of this date, the 28TH day
of February,2003, between Malsha Imports, Inc., (hereinafter "Two Step
Distributor") with Offices at 80 Suffolk Court, Hauppauge, NY, 11788 and FTS
Apparel, Inc. DBA FTS Wireless (hereinafter "Dealer") to memorialize the
responsibilities and agreement between the undersigned parties. Dealer
represents that it has its principal Offices/Location at 12014 Anderson Rd.,
Tampa, Florida. Dealer also has additional locations which are set forth in the
Addendum annexed hereto, entitled "Locations" and made a part hereof, and Dealer
agrees that all locations including the above mentioned location and those
listed in the Addendum entitled "Locations" will comply with all aspects of this
agreement.
A. Dealer shall use commercially reasonable efforts to promote and sell
Sprint Spectrum L.P., a Delaware limited partnership (doing business and
referred to as "Sprint PCS") products and services to consumer or small
business endusers, Sprint PCS phones in the Sprint PCS Territory.
B. Dealer shall provide mutually acceptable reasonable display space,
subject to space limitations for
the Sprint PCS products and descriptions of the services within the
Dealer's retail location, and
(i) use its best efforts to promote the sale of the
products in the Territory;
(ii) permit Two Step Distributor to review all of Dealer's
promotion and advertising
material for the products prior to use;
(iii) not use and shall withdraw and retract any promotion
or advertising that Two
Step Distributor finds unsuitable, or is in breach of
the terms of this Agreement;
and
(iv) Execute Exhibit "A" hereto, the Sprint Trademark
License Agreement.
C. Dealer shall maintain a marketing function that is fully informed on
all products and services information that may be issued by Sprint PCS from time
to time and that disseminates such information accurately and adequately to
prospective end-user customers in the Territory.
D. Dealer shall use commercially reasonable efforts to ensure that all
end-user customer questions are answered appropriately or that the respective
end-user customer is provided the toll-free number of the Sprint PCS customer
service department.
E. Dealer shall abide by all the rules and regulations issued by Sprint
PCS and/or provided by Two Step Distributor to Dealer from time to time
regarding promotion or sales activities with regard to the Products or the
Service.
F. Dealer shall comply with all federal, state and local laws, rules,
regulations and ordinances applicable to Dealer's business and Dealer's
performance of its obligations hereunder.
G. Dealer shall perform all its obligations under this Agreement in a
professional manner and in conformity with customary practices in the industry.
Dealer further agrees to adhere to the highest standards of honesty, integrity,
fair dealing and ethical conduct in all dealings with its customers, Sprint PCS,
government officials, Two Step Distributor and the public in connection with
this Agreement. Dealer agrees to refrain from any business or advertising
practice which may be injurious to the business of Sprint PCS and/or Two Step
Distributor and the goodwill associated therewith.
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H. Dealer acknowledges that the manufacturers of the products may give
certain warranties regarding the merchantability of the products or their
fitness for a particular purpose or some similar warranty. Sprint PCS and/or Two
Step Distributor make no warranties regarding the products and disclaim any
implied warranties, including warranties of merchantability or fitness for a
particular purpose or use or non-infringement. nothing in this agreement will be
construed as or is intended to be a warranty by Sprint PCS and/or Two Step
Distributor. Dealer agrees it will seek relief under any warranty provisions
from the manufacturers and not Sprint PCS or Two Step Distributor.
I. All Products offered hereunder are warranted by manufacturer and all
warranties for such Products shall be assigned to Dealer to the extent
permissible under the terms of such manufacturers warranty.
J. The agents of the Two Step Distributor are not authorized to make
warranties binding upon Sprint PCS. Accordingly, any statements of such persons,
whether oral or written, do not constitute warranties and should not be relied
upon by Dealer.
K. The remedies of Dealer set forth herein are exclusive, and the liability
of Two Step Distributor and/or Sprint PCS with respect to any of the Products
covered by or furnished under this Agreement, shall not, except as expressly
provided herein, exceed the return of monies paid for Products on which such
liability is based, provided, that, this limitation of liability will not apply
to death or injury of persons or damage to tangible property caused by the
negligence or willful misconduct of Two Step Distributor and/or Sprint PCS. In
no event shall Sprint PCS and/or Two Step Distributor be liable to Dealer or
anyone else for special, collateral, exemplary, punitive, indirect, incidental,
or consequential damages (including, without limitation, loss of goodwill, loss
of profits of revenues, loss of savings, loss of use, interruption of business,
and claims of customers) in connection with this agreement, whether such damages
occur prior or subsequent to, or are alleged as a result of, tortuous conduct or
breach of any of the provisions of this agreement, even if Sprint PCS has been
advised of the possibility of such damages.
L. Dealer shall only sell equipment provided by Two Step Distributor to
subscribers for end use and shall not sell or otherwise provide such Equipment
to other distributors, re-sellers, or other non-Subscribers. Dealer shall not
employ or enter any agreement to use sub-dealers. Dealer shall not sell any
restricted promotions or plans. Sprint PCS and Two Step Distributor shall have
the right, in their sole discretion, to approve or disapprove Dealer's retail
locations.
M. i. Dealer shall permit any enduser customer to return Products (with
proper proof of purchase) in accordance with Sprint PCS' and Two Step
Distributor's standard return policy as designated in this paragraph M. i.
Dealer shall return those products to Two Step Distributor. Dealer will receive
a credit equal to the current dealer pricing for each Product returned, provided
that (i) the Product is returned with all accessories that came with it, and
(ii) Dealer has furnished such information as Sprint PCS and Two Step
Distributor reasonably request to verify the timeliness of the return. No credit
will be given if the Product (a) has been abused by Dealer or an enduser
customer including, without limitation, physical damage or unauthorized
alteration or programming, (b) is not returned to Two Step Distributor in
accordance with the Malsha Return Policy (attached herewith), (c) is not
returned to Two Step Distributor with all accessories that came with it, or (d)
if the Dealer has not refunded the sales price of the Product to the enduser
customer. Notwithstanding the foregoing, before being entitled to a credit,
Dealer must provide to the Two Step Distributor a copy of the original sales
receipt and credit receipt for the Product being returned and maintain a record
of customer satisfaction returns which Two Step Distributor may audit. Two Step
Distributor will verify Customer Satisfaction Returned Phones have not been
activated for more than 14 days. The record will identify the enduser customer
by name and address, the reason for the return, the date of the return, and such
other information that Two Step Distributor may reasonably request that Dealer
will maintain in order to authenticate the customer satisfaction return.
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ii. All returns of phones and accessories, whether defective or
otherwise, are to be shipped at Dealer's expense. Two Step Distributor reserves
the right to use any credit due to Dealer for said defective returns towards
future purchases. Any defective returns requiring cash refunds will be subject
to a 25% re-stocking fee, up to a maximum of $50.00.
iii. Two Step Distributor shall not be responsible for any damages or
shortfalls in merchandise reported after 48 hours of delivery.
(a) Dealer must notify Two Step Distributor immediately, and in any event
within 24 hours, of Dealer's learning of the loss or theft of any Sprint PCS
Phones. Dealer will not sell any devices that are designed, advertised, or
capable of being used by the enduser, or is reasonable likely to be used by the
enduser, to alter the programming of a Sprint PCS Phone or which Sprint PCS or
Two Step Distributor has designated as reasonably likely to be used by the
enduser to alter or modify the Sprint PCS Phone in an unlawful manner
(including changing any coding sequences in the handset). Dealer will comply
with practices and procedures adopted by Sprint PCS and/or Two Step Distributor
intended to counter fraudulent activities involving the Products.
(b) Dealer will not and will not permit its agents, employees or
representatives to engage in fraudulent activities. Two Step Distributor will
not pay Dealer credits or compensation for any Sprint PCS Phones for which
fraudulent accounts have been established or which have been used for any
fraudulent activities. Two Step Distributor will have the right to charge back
to Dealer's account any amounts paid to Dealer, including, but not limited to if
it is determined that the Sprint PCS Phones for which such amounts were paid
were used in any fraudulent activity
O. This agreement will have a term length of three years.
P. Two Step Distributor may at any time immediately terminate this agreement
by providing written notice of Default (such termination to be effective upon
delivery of such notice). For purposes of this Agreement, Default means the
occurrence of any of the following:
(i) Dealer, or any of its officers, is convicted of a
felony or commits an act of moral turpitude;
(ii) Any material breach by Dealer of any of Dealer's
obligations under this Agreement;
(iii) Dealer repeatedly performs Dealer's duties hereunder
with gross negligence;
(iv) Dealer engages in gross misconduct that materially
injures Sprint PCS and/or Two Step Distributor;
(v) If Dealer shall be declared insolvent or bankrupt;
(vi) If a petition is filed in any court to declare Dealer
bankrupt or for a reorganization under the Bankruptcy Law or any similar statute
and such petition is not dismissed in ninety (90) days or if a Trustee in
Bankruptcy or a Receiver or similar entity is appointed for Dealer; and
(vii) Any material breach by Dealer of its fiduciary duties.
Q. (a) During the Term of this Agreement and for a period of six months
after termination of this agreement, the undersigned Dealer agrees that it
shall: (1) not enter into or seek to do business with Sprint PCS, its agents,
servants or other "Two Step Distributor(s)" or any of its subsidiaries for any
reason, whether directly or indirectly, or by any other means; (2) that
circumvention of this agreement, through such actions in any manner will cause
the undersigned to be personally liable to Two Step Distributor for damages.
(b) Dealer also recognizes that in understanding the above agreement,
failure to adhere may result in breach of this Agreement and termination.
Furthermore, the Dealer is prohibited to request a direct agreement with Sprint
PCS. The Dealer understands, that upon entering this agreement, it will conduct
all of its Sprint PCS activations only through Malsha's Two Step Distributor
program.
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R. It is agreed that violation of clause "Q" will cause severe and
irreparable damage to Two Step Distributor. In the event of any violation,
Dealer agrees that Two Step Distributor shall be authorized and entitled to
obtain from any court of competent jurisdiction preliminary and/or permanent
injunctive relief, as well as any other relief permitted by applicable law
including the payment of Two Step Distributor's reasonable attorney's fees, and
costs and expenses of suit. Dealer agrees to waive any requirement that Two
Step Distributor post bond as a condition for obtaining any such relief.
S. Dealer agrees to indemnify Two Step Distributor and/or Sprint PCS and
hold Two Step Distributor and/or Sprint PCS harmless from any liability, loss or
expense, including reasonable attorneys fees and costs of suit with respect to
any claim asserted by a third party against Dealer, Sprint PCS and/or Two Step
Distributor that arises out of negligent acts or misrepresentations of the
Dealer.
T. Dealer must, during the term of this Agreement and at its sole expense,
obtain and keep in force, the following insurance: Commercial General Liability
Coverage, including personal injury, bodily injury, property damage, operations
hazard, independent contractor coverage, contractual liability, and products and
completed operations liability, in limits not less than $2,000,000 for each
occurrence (combined single limit). Said required insurance policy must be
underwritten by a reputable national insurer that is licensed to do business in
the jurisdiction where Dealer is doing business. Dealer agrees to name Sprint
PCS and Two Step Distributor as additional insureds and that, upon request of
either Sprint PCS or Two Step Distributor, certificates of insurance will be
delivered as soon as practicable.
U. (1) Two Step Distributor shall pay all sums due less any chargebacks,
etc., to dealer within sixty (60) days following the end of the month in which
said sum was earned or within forty-five (45) days of receipt of payment from
Sprint PCS, whichever is later.
(2) Two Step Distributor shall make payments to Dealer as set forth in
the schedule annexed hereto as Exhibit "B".
(3) Two Step Distributor reserves the right, and may in its sole
discretion evaluate the dealer's monthly performance and place the dealer on a
probationary period, for any of the following reasons:
i. Failure to achieve the monthly minimum quota of (10)
new Sprint PCS
activations;
ii. Sub-Dealing activities;
iii. Improper representation of Sprint PCS products and
services;
iv. Demo Line abuse;
v. Excessive Churn; and/or
vi. Failure to attend required trainings; and/or
vii. Failure to purchase a minimum of six (6) phones or 50%
of the last month's
average activations within forty-five (45) days
preceding the date of processing
commissions.
(4) Dealer will be given a period of 3 months to attain monthly
goals, following which a minimum monthly quota of ten (10) new Sprint PCS
activations must be maintained. Failure to achieve a minimum monthly quota of
ten (10) activations will result in the dealer being placed on probation for
thirty (30) days. Consequent failure to improve may result in final termination.
In the event a dealer is placed on thirty (30) days probation or has not
purchased/activated phones for the previous commissionable period - Sprint
commissions for that duration will be held back for the charge-back period
unless a satisfactory effort, as determined by Two Step Distributor, has
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been made in reaching the minimum required level of activations for
maintaining approved Sprint PCS retailer status.
Up to 50% of commissions being held due to dealer being placed on
probation may be used by dealers towards phone purchases, subject to a minimum
of 6 phones. Two Step Distributor reserves the right to hold ALL commissions
against past dues, charge backs, etc., whether from this or other carriers.
(5) Two Step Distributor reserves the right, and may in its sole
discretion hold back making payments to Dealer for the charge-back period.
(6) Two Step Distributor reserves the right to change Dealer's terms,
including, credit terms, etc., due to repeated COD returns, returned checks
and/or delays in payment by Dealer. Please note any Dealer issuing a check that
is not honored for any reason will be charged a returned check fee of fifty
($50.00) per check, and any Dealer issuing checks that are not honored more than
one time in any twelve (12) month period would be required to pay by Money Order
or Certified Bank Check only.
(7) Two Step Distributor shall apply commissions towards returned checks,
returned check fees, reshipping charges, return to stock fees or past due sums
on the Dealer's account.
(8) Two Step Distributor shall charge a restocking fee of $100 per
shipment to any Dealer refusing more than one shipment within any sixty (60)
day period.
(9) Two Step Distributor shall charge a relocation charge of twenty-five
($25.00) dollars to Dealer redirecting its packages to other locations
during/trans shipment.
(10) Any order(s) to be charged to credit card(s) will require the
cardholder's signature within twenty-four (24) hours. Only after receipt of the
cardholder's signature in said twenty-four (24) hour period shall the order be
shipped. Failure to provide said signature in a timely manner will result in the
order being returned to stock and a re-stocking fee of 25% up to a maximum of
$50.00 being charged to Dealer's account. In addition, no further credit card
orders shall be accepted and future orders shall only be on COD-money terms.
(11) Two Step Distributor reserves the right, to place Dealer on
probation, and/or hold back commissions, and only release commission payments
for a given month if the dealer has purchased a minimum of six (6) phones
activated or no less than 50% of Dealer's past three months' average
activations, whichever maybe higher within forty-five (45) days preceding the
date of processing commissions.
(12) Commission payments will be released only after the aggregate sum
due reaches in excess of two hundred and fifty ($250.00) dollars. However,
Dealer may utilize the sums held in any given month for purchases subject to Two
Step Distributor's charge-back guidelines.
V. Two Step Distributor reserves the right to supplement and/or amend this
agreement as needed.
W. Upon termination of this Agreement, Dealer shall immediately return to
Two Step Distributor all Confidential Information in written form, including
without limitation all brochures, advertising or promotional materials, company
reports, client lists, forms, instructional manual, and the like.
X. This Agreement shall be governed and construed in accordance with the
laws of the State of New York. All parties hereby irrevocably consent to the
personal jurisdiction of the courts of the State of New York and of the United
States of America sitting in Nassau County. All parties waive any defense of
improper venue or forum non conveniens.
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Y. No delay or omission by either party hereto to exercise any right of
power occurring upon any noncompliance or default by the other party with
respect to any of the terms of this Agreement shall impair any such right or
power or be construed to be a waiver thereof. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be performed by the
other shall not be construed to be a waiver of any succeeding breach thereof of
any covenant, condition, or agreement herein contained. Unless stated otherwise,
all remedies provided for in this Agreement shall be cumulative and in addition
to and not in lieu of any other remedies available to either party at law, in
equity, or otherwise.
Z. This Agreement constitutes the entire Agreement of the parties and
supersedes all previous agreements by and between Two Step Distributor and
Dealer as well as all proposals, oral or written, and all negotiations,
conversations or discussions heretofore had between the parties. Dealer
represents that it has not been induced to enter into this Agreement by any
representations or statements, oral or written, not expressly contained herein.
AA. This agreement is intended to be enforced in accordance with its terms
but such terms shall be deemed modified as necessary so as to render them valid
and enforceable to the fullest extent possible under New York law. In the event
any part of this Agreement is found to be void or invalid, the remaining
provisions of this Agreement shall nevertheless remain in full force and effect
as though the void and invalid parts were deleted.
BB. Dealer warrants and states that execution, delivery and performance of
this Agreement by Dealer does not violate the terms of any other agreement to
which Dealer is a party, and that Dealer is not a party to any agreements that
may prevent Dealer from entering into this Agreement. Dealer further states that
execution of this Agreement has been duly authorized by all requisite action of
Dealer's directors and shareholders, if necessary.
Dealer: FTS APPATREL,
INC. DBA FTS WIRELESS
Malsha Imports, Inc. Signature: /s/ Scott Gallagher
80 Suffolk Court
Hauppauge, NY 11788 Name: Scott Gallagher
Title: CEO
Date: 2/28/2003
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Locations (Mandatory Signature)
Name: FTS Wireless Name:
Address:12014 Anderson Rd. Address:
Tampa, Florida 33625
Contact: Scott Gallagher Contact:
Phone: 813-964-5420 Phone:
Fax: Fax:
Name: Name:
Address: Address:
Contact: Contact:
Phone: Phone:
Fax: Fax:
Name: Name:
Address: Address:
Contact: Contact:
Phone: Phone:
Fax: Fax:
Name: Name:
Address: Address:
Contact: Contact:
Phone: Phone:
Fax: Fax:
Dealer and Malsha hereby agree that all of the locations listed on this
page will comply in total with the Memorandum of Understanding and Agreement
between Malsha Imports, Inc., and Dealer dated the 28th day of February, 2003,
and the Sprint Trademark License Agreement. (It is mandatory to sign this even
if dealer has only one location).
Dealer: FTS Wireless
Signature:/s/ Scott Gallagher
-------------------
Scott Gallagher
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Initials:SG
EXHIBIT A
TRADEMARK LICENSE AGREEMENT
This Trademark License Agreement (the "License Agreement") made as of February
28th, 2003 ("Effective Date") is between Sprint Spectrum L.P., a Delaware
limited partnership (doing business and referred to as "Sprint PCS"), and FTS
Apparel, Inc DBA FTS Wireless ("Dealer") with offices at
12014 Anderson Rd., Tampa, Florida, 33625
Background
A. Dealer has entered into an agreement ("Distribution Agreement") with MALSHA
PRODUCTS ("Wholesaler") under which Dealer may sell, to consumer or small
business endusers, Sprint PCS phones and related accessories (the "Products")
that Wholesaler purchases from Sprint PCS. Dealer may sell the Products in
Dealer's listed retail outlets in Sprint PCS' Florida Gulf Coast market service
area (the "Market").
B. Dealer desires to use the Authorized Marks, as defined below, under this
License Agreement.
C. Sprint PCS desires to grant to Dealer a limited, non-transferable license,
with no right to sub-license, to use the Authorized Marks under this License
Agreement.
NOW, THEREFORE, in consideration of the representations, warranties, covenants,
and agreements contained herein, the parties agree as follows:
Operative Terms
1. Use of Trademarks
1.1 General
Sprint PCS, under a license from Sprint Communications Company L.P. ("Sprint"),
has been authorized to use certain trade names, service marks, brands and
trademarks identified in the Sprint PCS Branding Guidelines and Sprint PCS
Retailer Advertising Starter Guide (the "Authorized Marks") of which Sprint is
the owner. Under this License Agreement, Sprint PCS grants to Dealer a limited,
non-transferable license, with no right to sub-license, to use the Authorized
Marks in the Market.
Dealer is permitted to use the Authorized Marks to sell, distribute for sale,
and promote the Products to the extent any of the Authorized Marks appear on the
Products and on promotional materials of the Products produced by Sprint PCS and
supplied to Dealer by Wholesaler ("Marketing Materials"). Dealer is also
permitted to use the Authorized Marks in modifications to the Marketing
Materials and to create new Marketing Materials subject to Sections 1.2 and 1.3
below. Dealer is not permitted to use any of the Authorized Marks outside of the
Market or in any manner not specifically permitted in this License Agreement
without the prior written consent of Sprint PCS.
Dealer must use the Authorized Marks only in compliance with this License
Agreement, the Distribution Agreement, the Sprint Branding Guidelines and the
Sprint PCS Retailer Advertising Starter Guide. Dealer may not combine any other
mark, logo or trade name with the Authorized Marks without the prior written
approval of Sprint PCS.
Dealer agrees that the Authorized Marks and the Marketing Materials are
proprietary to Sprint PCS and nothing in this License Agreement constitutes the
grant of a general license for their use. Dealer acquires no right, title, or
interest in the Marketing Materials or the Authorized Marks or the goodwill
associated with the Authorized Marks due to its use of the Authorized Marks,
other than the right to use the Authorized Marks in accordance with this License
Agreement. In accepting this License Agreement, Dealer acknowledges Sprint's and
Sprint PCS' rights to the Authorized Marks, the goodwill connected therewith,
and the validity of the Authorized Marks. Dealer agrees not to attack the
Authorized Marks, nor assist anyone in attacking them. Dealer further agrees not
to make any application to register the Authorized Marks, nor to use any
confusingly similar trademark, service mark, trade name or derivation during the
term of this License Agreement and thereafter. This paragraph shall survive the
termination of
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his License Agreement. Upon termination of this License Agreement, all rights of
Dealer to use the Marketing Materials and Authorized Marks shall expire, Dealer
shall discontinue use of the Authorized Marks, and all Marketing Materials shall
be destroyed by Dealer or returned to Sprint PCS by Dealer, at the discretion of
Sprint PCS.
1.2 Modification of Marketing Materials
Dealer agrees that any modification or alteration to any of the Marketing
Materials, or creation of new marketing materials containing the Authorized
Marks, must adhere to the Distribution Agreement, the Sprint Trademark Usage
Guidelines and the Sprint PCS Retailer Advertising Starter Guide. Prior approval
is required for any promotional activity or materials other than Marketing
Materials. Dealer must direct requests for approval to Wholesaler, not Sprint
PCS. Dealer must amend any proposed newly created marketing materials and any
proposed modifications to the Marketing Materials, Products, or packaging, as
directed by Sprint PCS through Wholesaler.
1.3 Approvals
Following Sprint PCS' receipt of Dealer proposed newly created marketing
materials or proposed modification to Marketing Materials, Sprint PCS will use
reasonable efforts to respond to materials submitted for approval within 1
business day of receipt. Sprint PCS will respond to Wholesaler not Dealer. Prior
approval of any other materials does not imply or suggest that the
advertising/materials have been reviewed and approved for compliance with
applicable state or federal laws or regulations.
1.4 Extensions to Third Parties Prohibited
Dealer is prohibited from extending permission to use any of the Marketing
Materials or any of the Authorized Marks to any third party without the prior
written approval of Sprint PCS
2. Termination
This License Agreement terminates upon the first to occur of the following
events: (1) the giving of written notice to Dealer of Sprint PCS' termination of
this License Agreement; (2) the expiration or early termination of the agreement
between Sprint PCS and Wholesaler; and (3) the expiration or early termination
of the Distribution Agreement.
3. General Provisions
The laws of the State of Missouri (without regard to principles of conflict of
law) shall govern the validity of this Trademark License Agreement, the
construction of its terms, and the interpretation of the rights and duties of
the parties. Dealer shall not assign or otherwise transfer this License
Agreement without the prior written consent of Sprint PCS, which consent may be
withheld in Sprint PCS' sole discretion. Any such purported assignment,
including by operation of law, shall be null, void and of no effect. Neither the
existence of this Agreement nor any term(s) hereof may be disclosed by Dealer to
any third party without Sprint PCS' prior written approval.
SPRINT SPECTRUM L.P.
By:
[DEALER'S NAME]
/s/ Scott Gallagher By: Scott Gallagher
(sign)
Name: ______________________________ Name: Scott Gallagher
(print)
Its: ______________________________ Its: CEO (title)
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MALSHA IMPORTS, INC
RETURN POLICY
The following is our RETURN POLICY. Please read it carefully. If there is
anything that you do not understand, please contact your Sales Rep for
clarification.
WE WILL NOT ACCEPT ANY RETURNS WITHOUT A RETURN AUTHORIZATION AND A COPY OF THE
ORIGINAL INVOICE .
RETURNS WILL BE SUBJECT TO THE FOLLOWING RESTRICTIONS:
- No Returns after 1 year for Digital 2000 Accessories. All other accessories
are subject to 180 days.
- No Returns on Close Out or Final Sale Items
- Phone Returns will be subject to the Restrictions imposed by the Individual
Carrier in addition to the policies listed below. If you do not have a copy of
the Carrier Return Policy, please contact your Sales Rep.
o VOICESTREAM
o SPRINT
o NEXTEL
No returns will be accepted without the proper paperwork.
PROCEDURE FOR RETURNS:
1. Customer will contact their Sales Rep to request a RETURN AUTHORIZATION.
The following information must be provided:
a. The Invoice Number (a copy is requested for accessories, and is
required for phones)
Having a copy of your original invoice available will make the
process of issuing you a credit much faster.
b. Date of purchase
c. Description or Part Number
d. The IMEI, OP or ESN number for Phone Return
e. The activation date for Phone Return
f. Reason for the return for all Returns
g. Weight of the box if a call tag is being issued
1. Sales Rep will process the request and fax a copy of the approved RETURN
AUTHORIZATION to the customer. If customer does not have access to a Fax
Machine, the Sales Rep will call with a RA number.
2. Customer will include the following with the shipment:
a. The copy of the RETURN AUTHORIZATION or the RA Number
b. A COPY OF THE ORIGINAL INVOICE (requested for Accessory
returns, required for Phone Returns)
c. The RA number must be written on the outside of the shipping
box.
AGAIN, NO RETURN WILL BE ACCEPTED WITHOUT THE PROPER PAPER WORK OR WITHOUT AN RA
NUMBER
4. Customers can only utilize the credit once it is in the system. This
means that the goods have been returned, checked for returnability and a credit
has been issued.
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