1. ACTIVATION & 181-DAY COMMITMENT

Subsidized Device. Hardware Netcom provided below MSRP — discounted or free — in exchange for activating a carrier line and keeping it active for 181 days on the plan tier it was activated on — a Qualifying Plan or a Lower-Tier Plan. The commitment and charges in §2 apply to Subsidized Devices. Hardware paid in full at MSRP is not subsidized and carries only the standard return policy in §3.

Payment & Activation. All hardware must be paid in full and activated on the requested carrier lines before shipment, unless covered by approved Net Terms or an executed Statement of Work.

“Activated.” A device is “activated” once the carrier line associated with it has been activated — whether by Netcom, the carrier, or Customer, and regardless of whether the device has been powered on or unboxed. Because activation occurs before shipment, subsidized devices arrive with their lines already activated.

Qualifying Plan. A carrier plan with a base monthly recurring charge of $69 or higher per line, measured before taxes, surcharges, promotional credits, and autopay discounts.

Lower-Tier Plan. A carrier plan with a base monthly recurring charge below $69 per line, measured the same way. Hardware discounted for activation on a Lower-Tier Plan is a Subsidized Device: the discount is smaller than on a Qualifying Plan, but the line carries the same 181-day commitment and Early-Termination Charge (§2). A line's tier is set by the plan it is activated on. Because a Lower-Tier line was never priced for a Qualifying Plan, the plan-downgrade fee does not apply to it; it only has to stay active, on any plan, through Day 181.

The 181-Day Rule. Every line tied to subsidized hardware must remain active for 181 days from the Activation Date — on a Qualifying Plan if it was activated on one, or on any plan if it was activated on a Lower-Tier Plan. Carrier-standard suspension is permitted — it keeps the line and plan of record intact — but does not pause the 181-day count. Plan downgrades, line cancellations, ports, or carrier swaps before Day 181 trigger fees per §2; the downgrade fee applies only where a line activated on a Qualifying Plan remains active on a plan below it. Carrier-initiated repricing or plan migration does not trigger fees if the line returns to a Qualifying Plan within 30 days of Netcom's written notice, and a documented fraudulent port-out (carrier fraud ticket required) is excused. Charges may be invoiced up to 12 months after the triggering event (delay is not a waiver); payment and resolution options are in §2. Restoration resolves a charge only if the line returns to its required plan tier and stays on it through the later of Day 181 from original activation or 60 days from restoration — a subsequent break reinstates the full charge.

3. RETURNS & DOA

Defects are always covered. Everything else follows the return reasons in 3.2. Every return requires an approved RMA from Netcom or its distributor (distributor RMAs are valid only for distributor-fulfilled orders); items shipped back without one are refused. Return and DOA windows run from delivery, not deployment. Fees for breaking a line commitment are in §2 — this section covers hardware returns.

“Delivery.” The first carrier-confirmed delivery scan to any address designated by Customer or its agent — including a 3PL, integrator, or branch location. On multi-shipment orders, each shipment's windows run independently, per unit.

“Defect” / “DOA” / “verified.” A “defect” is a failure to power on or the failure of a core hardware function — cellular radio, display, touch, charging, audio, camera — measured against the OEM's published specification for that model. It does not include performance relative to newer models, battery wear (see 3.3), cosmetic condition consistent with the sold grade, or software and app issues. “DOA” is a defect present at first power-on. A defect is “verified” on Netcom's or its distributor's diagnostic triage, whose determination is final; RMA requests must include the IMEI or serial, order number, a description, and photo or video evidence.

“Resalable.” Factory reset, unenrolled from all MDM and cloud locks, cosmetically new, with complete original packaging and accessories, as determined by Netcom's inspection. Netcom may decline or downgrade credit on any returned unit that fails inspection.

“Opened.” Used, deployed, registered or enrolled in a cloud/MDM account, configured, or missing packaging or accessories. Opening the box to inspect and power-test does not by itself forfeit the full-refund tier, provided the device is factory-reset, unregistered, undamaged, and returned with all packaging.

Inspect every device on arrival. The defect window is 30 days from delivery, so power-test and inspect every unit — new and Used — when it arrives. Opening the box to inspect does not forfeit the full-refund tier (see “Opened,” 3.1).

What we stand behind. Every Used device Netcom ships is tested, verified carrier-ready, factory reset, and data-wiped — and covered by the same 30-day free-replacement defect remedy as new hardware. Here is what that covers and what it doesn't.

One label, one set of rules. “Used” means any device that is not factory-new — including devices marketed as pre-owned, certified pre-owned, refurbished, A-Stock, or Grade A. One set of rules applies to all Used devices. A grade shown on your quote (e.g., Grade A) describes cosmetic condition at shipment only; it is not a warranty of future performance, battery life, or service life, and creates no warranty beyond the 30-day defect-replacement remedy in this section.

What arrives in the box. Used devices ship as the device only, in plain protective packaging — standard for business-volume pre-owned hardware. No OEM cables, charging blocks, earbuds, or retail boxes are included unless your quote states otherwise. A SIM card is included when the device ships with a carrier line Netcom activated. Accessories are neither included nor warranted.

Tested before shipment. Every device is tested for connectivity and verified carrier-ready prior to shipping, and is factory reset and data-wiped before it ships. Netcom is not responsible for carrier-side activation failures, or for a line the carrier suspends before shipment; these are resolved with your carrier representative and are not device defects or grounds for return.

Batteries. Batteries are consumable parts. Used devices ship with a working battery; capacity loss versus new is normal for a pre-owned device and is not a defect. A battery that fails outright — won't charge or won't hold a charge — within the 30-day window is covered like any other functional defect.

Our commitment. Netcom's obligation is to ship the make, model, and grade quoted, verified carrier-ready on the network specified (or unlocked, if specified). OS update eligibility, continued OEM/carrier software support, and third-party app compatibility are outside Netcom's control and this remedy.

Final sale. Used devices are sold FINAL SALE, “AS IS” and “WITH ALL FAULTS,” except only the 30-day defect-replacement remedy in this section. Change-of-mind and over-order returns are not accepted.

Not covered: cosmetic wear consistent with the stated grade; normal battery capacity loss; physical or liquid damage after delivery (a triggered liquid indicator voids coverage); units opened, repaired, or modified by anyone other than Netcom; software, apps, OS update eligibility/availability, third-party app compatibility, or data loss; carrier, network, coverage, or account issues; accessories.

Prior-owner MDM locks. Devices ship factory reset with no known residual MDM/carrier enrollment. If a prior-owner lock surfaces after delivery (e.g., blocks an OS update or reports to a former org's MDM), report the IMEI/serial and Netcom will work in good faith with the OEM/carrier or initiate a vendor RMA. This is a goodwill accommodation, not a warranty — it doesn't extend the 30-day window, doesn't guarantee a fix or timeline, and doesn't obligate a direct replacement.

Performance. Used devices perform to the OEM's published specification for that model and generation. An older-generation device running at its designed speed is not a defect.

Sizing an order. We're glad to help size an order before you place it — ask before you buy.

OEM (manufacturer) warranty — when it applies. Netcom handles defects in-house for 30 days from delivery. After that, hardware defects are covered under the manufacturer's warranty for its stated term — contact the OEM directly, and Netcom can point you to the right channel. The OEM warranty covers manufacturing defects only; it does not cover accidental or physical damage or normal wear. Some OEM warranties are conditional on an active OEM subscription (for example: Ericsson Cradlepoint NetCloud; Peplink PrimeCare on -PRM models; Digi 360; Semtech AirLink) — if the subscription lapses, the OEM warranty may lapse with it. Apple, Samsung, and opened Microsoft Surface devices are serviced through the manufacturer's own warranty channels, not exchanged by Netcom. OEM warranties apply to the original purchase only and do not transfer to Used devices — coverage on Used devices is exclusively Netcom's 30-day remedy above.

Restricted OEM brands (Final Sale): Apple, Samsung, Ericsson Cradlepoint, Cisco Meraki, Palo Alto, Peplink, Juniper, ATEL, Teltonika, DIGI, Inseego, Microsoft (open box — factory-sealed Microsoft follows the standard return row) — not returnable unless verified defective within 30 days. Report suspected DOA immediately on arrival — OEM DOA windows are as short as 7–14 days, and late reports can limit the remedy to the OEM's repair channel. Non-refundable: special orders, configured-to-order builds, freight, and software licenses and OEM subscriptions (NetCloud, PrimeCare, AirLink, Digi 360, and similar are non-cancellable and non-refundable once activated, per the OEM's terms).

Our commitments. Complete RMA requests get an answer within 5 business days, and refunds are processed within 10 business days of receipt and passed inspection.

RMA — required, from Netcom or its distributor. Email support@networksandcommunications.com or call (855) 963-8266 before shipping anything back. Return and defect requests must be received in writing by Day 30 from delivery — the request date controls, not the ship date. Approved units must be received within 15 days of RMA issuance or the RMA expires. Returning a device to a carrier store does not count as a return to Netcom — it won't stop charges or start a refund. Units may be triaged before a return is approved; hardware shipped without an approved RMA will be refused. Before return, factory-reset each device and remove all activation locks (iCloud / Google / Samsung), MDM enrollment, and SIMs — a locked or enrolled device fails inspection and receives no credit. Customer pays return freight unless the return is for a defect or DOA.

Replacements & risk of loss. Replacement and warranty-exchange units inherit the original unit's delivery date, activation date, and all windows and commitments — no new periods begin; the 181-day commitment follows the line, not the device. Risk of loss passes on delivery to Customer's designated address. Visible transit damage must be noted with the carrier and reported to Netcom within 2 business days of delivery, with photos. Defect remedies exclude damage from impact, liquid, mishandling, or improper installation, as determined by triage.

5. LEGAL & ACCEPTANCE

Netcom means Networks & Communications LLC, doing business as Netcom. By accepting a Netcom estimate — whether by signed approval (including electronic signature), written email confirmation, payment of an invoice or deposit, or written authorization to ship — Customer agrees to all terms of this Agreement, including the 181-Day Commitment, the chargeback formula (MSRP minus amount paid), the 25% restock fee on opened or $0 subsidized devices, the Restricted OEM final-sale list, and the 30-day defect window (including Used devices). The version in effect at acceptance applies to that order; subsequent estimates are governed by the version then published at networksandcommunications.com/terms. This version is permanently at networksandcommunications.com/terms/v2026.

Business customers

This Agreement is for business and commercial customers; it is not a consumer transaction.

Network performance & specifications

Carrier network performance, coverage, and congestion are the carrier's responsibility, not Netcom's — slow speeds, dropped attaches, coverage gaps, and tower congestion are not grounds for a return or charge waiver. Hardware is warranted only to perform materially to the OEM's published specifications. Specifications, dimensions, images, and compatibility statements on quotes, spec sheets, and portals are OEM-provided approximations, not warranties; Customer is responsible for verifying physical fit, mounting, and compatibility before ordering. Check coverage with your carrier rep before activation — and if you're unsure about a site, ask us.

DISCLAIMER OF WARRANTIES

Hardware is covered solely by the OEM manufacturer's warranty under the OEM's terms; Netcom acts as facilitator only. EXCEPT FOR NETCOM'S EXPRESS 30-DAY DEFECT-REPLACEMENT REMEDY IN §3, NETCOM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. All Used devices are sold “AS IS” and “WITH ALL FAULTS,” except only the 30-day defect-replacement remedy in §3. Where applicable law limits the exclusion of implied warranties, any implied warranties are limited in duration to thirty (30) days from delivery; some jurisdictions do not allow such limitations, so this may not apply.

Exclusive remedy

Replacement of a verified defective unit under §3 (or, at Netcom's election, refund of the price paid for that unit) is Customer's SOLE AND EXCLUSIVE REMEDY for any defect, non-conformity, or breach of warranty, in lieu of all other remedies, including rejection or revocation of acceptance, to the maximum extent permitted by law. Customer shall inspect all hardware within 30 days of delivery; failure to notify Netcom of a claimed defect or non-conformity within that period constitutes acceptance of the goods and waiver of the claim — the parties agree 30 days is a reasonable time for inspection and notice.

Software & cloud licenses

NetCloud, PrimeCare, and similar vendor software are sold pass-through. Vendor outages, dashboard issues, and firmware bugs are not Netcom's liability. Subscriptions and licenses are non-cancellable and non-refundable once activated, per the vendor's terms.

Liability, force majeure, governing law

Netcom is not liable for delays from carrier backorders, chipset shortages, or freight disruptions, or for indirect, incidental, special, or consequential damages such as lost profits, downtime, or business interruption, even if advised of their possibility. Total liability is capped at the greater of (a) amounts paid for the affected hardware or (b) the MSRP of the affected hardware. These exclusions and caps are independent of, and survive, any failure of the essential purpose of any limited remedy. Colorado law applies; venue Arapahoe County, CO. If a clause is unenforceable, the rest still applies.

Order documents & precedence

This Agreement, plus any signed SOW or quote, is the entire agreement. A SOW or MSA executed by an officer of Netcom that expressly states its intent to amend this Agreement controls where it conflicts; vendor-registration forms, supplier codes of conduct, portal click-throughs, and purchase-order terms do not amend this Agreement. Customer purchase orders are for administrative convenience only — Netcom objects to and rejects any terms on a Customer PO that add to or differ from this Agreement, and fulfillment of a PO is not acceptance of its terms; the signed quote controls quantities, pricing, and terms.

Modifications & waiver

No modification, waiver, or exception to this Agreement is effective unless in a writing signed by an officer of Netcom. No Netcom sales representative, support agent, distributor, or carrier representative has authority to modify these terms, promise returns, or waive charges. Netcom's failure to enforce, or waiver of, any provision on one occasion is not a waiver on any other occasion.

Payment & collections

Past-due amounts accrue interest at 1.5% per month or the maximum lawful rate, whichever is less. Customer may not set off or withhold disputed amounts from other invoices. Netcom may suspend support, shipments, RMA processing, and Net Terms while any invoice is past due. In any action to collect amounts due, the prevailing party recovers reasonable attorney fees and collection costs.

Questions about anything in this Agreement? Call us before you sign — we'd rather explain a term than enforce one.