Effective date: 5/1/2026
Standard payment terms are Net 30 days from the date of invoice, unless otherwise agreed in writing. Clearway reserves the right to require payment in advance or alternative terms for new customers, high-value orders, or customers with a history of late payment.
Overdue balances may result in suspension of future orders until the account is brought current. Clearway reserves the right to refer overdue accounts to a collections agency and to recover reasonable costs of collection, including attorney’s fees, where permitted by law.
All prices are quoted in US dollars. Clearway reserves the right to adjust pricing prior to order confirmation to reflect changes in manufacturer pricing, currency fluctuations, or market conditions. Confirmed order pricing is binding.
Clearway will consider cancellation requests on a case-by-case basis at its sole discretion. Customers should contact their Clearway representative as soon as possible to discuss options. Fees may apply depending on the stage of fulfillment at the time the request is received.
Orders for custom-configured or staged systems may not be cancelled once configuration or integration work has commenced, as materials and labor will have been committed specifically for that order.
All cancellation requests must be submitted in writing to your Clearway representative.
All shipments are made FOB Origin (Clearway’s facility in Ada, Michigan). Title and risk of loss transfer to Customer upon handoff of the shipment to the carrier. Clearway’s responsibility for the goods ends at the point of carrier pickup.
Clearway will make reasonable efforts to meet quoted delivery timelines, but delivery dates are estimates and are not guaranteed unless expressly agreed to in writing. Clearway shall not be liable for delays caused by carrier issues, manufacturer constraints, force majeure events, or circumstances outside Clearway’s reasonable control.
Customer is responsible for inspecting all shipments upon delivery and reporting any visible shipping damage or discrepancies to Clearway within five (5) business days of receipt. Failure to report within this window may limit Clearway’s ability to pursue a claim on Customer’s behalf.
Shipping costs, insurance, and applicable taxes are the responsibility of the Customer unless otherwise agreed in writing.
All sales are final after the 90-day warranty period. Returns are not accepted outside the warranty window. Customers with surplus or unwanted inventory are encouraged to contact Clearway to discuss potential buyback options.
All returns require a Return Material Authorization (RMA) number issued by Clearway prior to shipment. Unauthorized returns will be refused. Product must be returned in original or equivalent packaging. Customer is responsible for return shipping costs unless the return is the result of a Clearway error or confirmed defect.
5A. Dell service-tagged systems
Systems sold with a valid Dell service tag are covered exclusively by Dell’s manufacturer warranty to the extent remaining. Clearway provides no additional warranty beyond facilitating support coordination during the first 30 days post-delivery.
5B. Dell-branded components (non-service-tagged)
Dell-branded components sold separately from a service-tagged system are covered by Clearway’s 90-Day Limited Hardware Warranty as described in Section 5D below.
5C. Refurbished, surplus, and third-party components
Refurbished or surplus components not covered by an OEM warranty are covered by Clearway’s 90-Day Limited Hardware Warranty as described in Section 5D below, unless otherwise stated in writing at the time of sale.
5D. 90-day limited hardware warranty
Clearway warrants that covered hardware will be free from material defects in workmanship and functionality under normal use for ninety (90) days from the date of delivery. This warranty is limited to repair, replacement with equivalent product, or refund at Clearway’s sole discretion. Clearway’s maximum liability shall not exceed the original purchase price of the affected item.
5E. Advance replacement policy (first 90 days)
For approved warranty claims within the first 90 days, Clearway may provide advance replacement at its discretion. A valid credit card authorization may be required. Defective product must be returned within ten (10) business days of receiving the replacement. Failure to return the defective product within this window will result in full invoicing of the replacement unit. Advance replacement is contingent upon serial number verification, absence of misuse or physical damage, and confirmation that the product has not been altered or modified.
5F. Warranty exclusions
This warranty does not cover:
Memory, CPUs, and storage devices must pass manufacturer diagnostic tools to qualify for warranty replacement.
5G. Dead on arrival (DOA)
Products reported as non-functional within five (5) business days of delivery may qualify for expedited replacement subject to validation by Clearway. Customer must report DOA products in writing to their Clearway representative within this window.
5H. Return material authorization (RMA)
All warranty returns require an RMA number issued by Clearway. Unauthorized returns will be rejected. Customer is responsible for proper packaging and inbound shipping costs unless the product is confirmed defective. Clearway reserves the right to test all returned items. Units returned with no defect found (NDF) may be returned to Customer at Customer’s expense.
5I. Warranty transferability
Clearway’s limited warranty applies only to the original purchasing entity and is non-transferable unless otherwise agreed to in writing.
For Dell factory refurbished systems carrying an active OEM service tag, any remaining manufacturer warranty may be transferable to the end customer in accordance with Dell’s published warranty transfer policies. Clearway will reasonably assist in facilitating such transfer but does not guarantee approval by the manufacturer.
For refurbished systems not originating from Dell’s factory refurbishment program, Clearway does not provide or represent any manufacturer warranty coverage. Such systems are covered solely under Clearway’s stated limited warranty, unless otherwise agreed in writing.
To the fullest extent permitted by applicable law, Clearway shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of data, loss of revenue, loss of business, or system downtime, arising out of or related to any transaction governed by these Terms, regardless of whether Clearway has been advised of the possibility of such damages.
Customer is solely responsible for data backup, system redundancy, and ensuring that appropriate safeguards are in place prior to installation or use of any product purchased from Clearway.
Clearway’s total cumulative liability in connection with any order shall not exceed the original purchase price paid by Customer for the product or service giving rise to the claim.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Kent County, Michigan.
Clearway reserves the right to update or modify these Terms at any time. The most current version will be posted on our website at clearwaytd.com. Continued use of Clearway’s services following any update constitutes acceptance of the revised Terms.
For questions regarding these Terms & Conditions, please contact us through the contact form at clearwaytd.com/contact or reach us at:
Clearway Technology Distribution
390 Spaulding Ave SE, Ada, MI 49301
info@clearwaytd.com