Terms and Conditions

By ordering the services and/or products, covered by this Invoice (“Purchases”), Customer agrees with U.S. Satellite Corporation (“USSC”) and Customer accepts and is bound by the following terms and conditions:

1. USSC sells equipment and provides the service while the customer subscribes to the service and purchases the equipment.

2. Notwithstanding anything to the contrary contained herein, the provisions of any written agreement executed by USSC and Customer shall supercede and control the provisions of this invoice to the extent they are inconsistent. Any purchase orders, acceptance or other purchasing or payment forms or documents are used by Customer in connection with the purchase or payment of the Purchases, the terms of all such documents shall be governed by the provisions of this Invoice. Any terms of such documents, which are inconsistent with, different from, or in addition to the provisions of this Invoice (or such other mutually executed written agreement) shall be null and void. The terms and conditions of all forms or documents promulgated by USSC shall control any inconsistent form used by Customer.

3. Customer shall be responsible for payment of all taxes, levies, duties, fees of any kind, nature, or description (e.g., excise, franchise, sales, use, etc.) associated with or applicable to the Purchases or the performance or delivery thereof. Customer shall indemnify and hold USSC harmless from all such taxes, levies, duties and fees.

4. USSC warrants it has and will convey good and marketable title to the purchases, BUT NO OTHER WARRANTY, EXPRESS OR IMPLIED IS MADE WITH RESPECT TO THE PURCHASES. IF ANY EXAMPLE WAS SHOWN CUSTOMER, SUCH EXAMPLE WAS USED MERELY TO ILLUSTRATE THE GENERAL TYPE OR QUALITY OF THE PURCHASES AND NOT TO REPRESENT THAT THE PURCHASES WOULD NECESSARILY CONFORM TO THE EXAMPLE. USSC is not a manufacturer. USSC will pass through to Customer any applicable warranties of the manufacturer to the extent permissible. THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. USSC DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. USSC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIONAL DAMAGES AND IN NO EVENT SHALL THE AMOUNT OF DAMAGES EXCEED WHAT CUSTOMER HAS PAID FOR THE PURCHASES.

5. The Purchases are conclusively deemed complete and acceptable unless USSC has received written notification from Customer within ten (10) days from the date of performance of the Purchases that the Purchases or any portion thereof are incomplete or unacceptable and stating the specific reasons thereof.

6. USSC hereby maintains and Customer assigns a security interest to USSC under the Uniform Commercial Code (“UCC”) as adopted and effective in the State of Utah as of the date of this Invoice, in Purchases and Customer’s equipment located at USSC as collateral (including but not limited to goods and general intangibles) to the fullest extent permitted by law in an amount equal to the total amount due and becoming due under this Invoice. Such security interest shall result in a lien on the collateral and shall remain in effect until the total amount due and becoming due under this Invoice is paid in full. This Invoice shall constitute a security agreement for the purpose of Article 9 of the UCC and may be filed pursuant thereto. Customer hereby appoints USSC as Customer’s attorney-in-fact, to execute any financing statements or other documents as may be appropriate to perfect such security interest.

7. No agent, employee or representative of USSC has any authority to bind USSC to any affirmation, representation, or warranty concerning the Purchases, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this Invoice, it has not formed a part of the basis of this bargain and shall not in any way be enforceable.

8. Neither party shall be deemed to be in default of its obligations hereunder (other than the obligation to make payments) to the extent any delay in its performance is caused by or is the result of factors beyond its reasonable control, including, without limitation, fire, explosion, accident, riot, flood, drought, storm, earthquake, lightning, frost, civil commotion, sabotage, vandalism, smoke, hail, embargo, act of God or of a public enemy, other casualty, strike or lockout.

9. This Invoice shall be governed by and construed according to the laws of the State of Utah. Customer consents to the jurisdiction of the courts of the State of Utah, and to venue in Salt Lake County, to adjudicate any controversies arising out of this invoice or the Purchases provided pursuant hereto.

10. Invalidation of any of the covenants, conditions, restrictions or other provisions contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions or provisions hereof or the application thereof to any other person or entity and the same shall remain in full force and effect.

11. Customer agrees to pay all costs, including reasonable attorneys’ fees (with or without suit), incurred by USSC in enforcing the provisions of this Invoice, including collection of amounts due hereunder.

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U.S. Satellite Corporation does not actively market any products or services directly to the consumer. If you have ever received any solicitations for products or services by a company representing itself as "U.S. Satellite Corporation" please contact us immediately to inform us of such unauthorized use of our trademark.