Terms of Business

These General Conditions of Sale define the sales and guarantee conditions of new ACOM products. Our post-guarantee service conditions are described in the ACOM General Service Conditions.

Summary

General Sales Conditions
All deliveries made by ACOM, as well as any related services, shall be governed solely by these General Conditions of Sale. Any general terms and conditions of the Customer (End User or Dealer) will not apply.
Unless otherwise agreed, offers and cost estimates made by ACOM are non-binding. When the customer orders a product, this is regarded as a binding contractual offer. If ACOM accepts the customer's order (offer) through confirmation of the order (acceptance), then a contract is formed. This contract becomes binding for both contracting parties upon confirmation of the order by ACOM.

Prices

• All prices are ex-works (in EUR, or USD), including single product packaging cost.
• Value-added tax shall be added at the then-applicable rate.
• Shipping, transport, and insurance costs are invoiced separately.
• Unless otherwise agreed, the purchase price must be paid in advance when ordering or before shipping/delivery.

Delivery Dates and Shipping
ACOM ships the ordered goods from stock if the products are available, or according to agreed with the customer delivery time.
The transport/logistic time is out of ACOM control and is not included in the delivery time.

Quality / Warranty

• The product is free from defects if it exhibits the agreed quality (subjective requirement). This agreed quality is based on all product descriptions, technical specifications and other information provided by the manufacturer that are subject-matter of the individual contract or that were made public by ACOM at the time the contract was concluded (particularly in catalogs or on our Internet home page).
• Under no circumstances is ACOM obligated to warrant or support the functionality of the whole customer's radio system, which the ACOM products are parts of.

Guarantee

• Within the scope of the ACOM warranty period of 24 months, ACOM guarantees that the product will be free of defects with regard to functionality if the product is used properly.
• Exceptions to the warranty terms written above are as follows for amplifier components:
• Tubes: 12 months warranty;
• Power LDMOS transistors: 12 months warranty, but not more than one replacement/fault within the warranty period.
• In the presence of a defect that falls under the ACOM guarantee, ACOM will remedy the defect (cure). In the event of cure, the defective product shall, at the sole discretion of ACOM, either be repaired by ACOM or, if possible and reasonable for ACOM, replaced.
• In the interest of the Customer, ACOM reserves the right to forward the service order to an appropriately qualified local Service & Repair Partner who is part of the worldwide ACOM service network. In such a case, ACOM will forward the service order to the service partner. The Customer agrees to this forwarding in advance. The service partner will then implement the agreement.
• The ACOM Service & Repair Partners are independent companies or private persons and have the right to rule their servicing policy, but without violating the policy of ACOM.
• As these companies or private persons are authorized by ACOM as a Service & Repair Partner for ACOM products, they follow the ACOM general servicing rules.
• Any claims against ACOM arising from the ACOM guarantee are also excluded if the defect arose from any of the following:
• Rules regarding the installation, operation, or maintenance of the product (e.g. User's Manuals, accompanying documentation, etc.) were not complied with;
• The product was damaged through human agency or external influences (e.g. transport damages, weather conditions, bolts of lightning, etc.);
• The product was, without the express approval of ACOM, repaired, upgraded, or modified in any way by the customer himself or by a third party;
• The product is being used for a purpose other than the contractually agreed and defined purpose (particularly in the User's Manuals, accompanying documentation, etc.);
• The customer did not promptly announce the defect;
• The customer did not promptly provide an opportunity for a cure despite being requested to do so.
• The cost of transporting the product to the ACOM service/repair site and back to the customer is at the customer's expense. Transportation risks must be covered by the customer too.



Exclusion of Warranty


• Claims for defects are excluded in case of insignificant deviations from the agreed quality, for insignificant limitation of usability, for damage arising from incorrect or negligible action after the passing of risk, for natural wear or damage, or for damage arising from unusual external factors.
• Claims for defects do not exist if damage occurred because the customer failed to follow the operating instructions or other instructions from ACOM, did not utilize qualified operating and/or monitoring personnel, did not perform regular maintenance and upkeep, did not perform the necessary software updates and/or did not comply with other instructions from ACOM. For all work regarding service and delivery, the customer must comply with all manuals and instructions from ACOM.
• If changes are made to the products, especially removal of the serial number, ID label, or similar marking, or if parts are changed or materials are used that do not correspond to the original specification, then all warranties become void.










End of Summary

These General Service Conditions define the post-guarantee service conditions of the ACOM products. Our sales and guarantee conditions for new products are described in the ACOM General Conditions of Sale.

Summary

Product Support
It doesn't matter how old your product is - ACOM will support and help you. ACOM supports all of its products without limitation of when they were manufactured.
ACOM strives to provide the know-how required for repair services for at least 20 years upon delivery of the relevant products.
All that makes ACOM a unique company, right?

Deliveries of Replacement Components
ACOM does its best to deliver replacement components for all its products (from the current product program and discontinued products) without quantity or time limitations.
However, this can not be accepted as the producer's obligation and can not be against local rules and laws. As it is understandable, the delivery of many spare parts depends on our sub-contractors, and this process is out of our control.

Product Repairs at the ACOM Factory

• General Rules

• Repairs at the ACOM factory in Bulgaria will be offered and charged on the basis of repair packages, which settle the working hours as well as the required replacement components as a lump sum. The lump sum does not include the cost of tubes, LDMOS transistors, or HV transformers. If these parts are necessary, their price will be added to the lump sum.
• The repair procedure starts only after price acceptance confirmation by the customer (usually by e-mail, or other written means).
• If it is clear that the offered price as a lump sum is far away from the real repair expense, ACOM keeps the right to stop the repair, inform the customer, and wait for confirmation. In such case, servicing shall be invoiced on the basis of service work performed by ACOM plus any replacement components and material used by ACOM (other parts needed for repairs, etc.).
• If the customer rejects (cancels) the repair procedure, ACOM will invoice 1 (one) hour of working time.
• In any case, the transport costs from the customer to the ACOM factory and back are for the customer's account. ACOM offers to its customers so-called "Collection Request" shipping services. These services provides flexible and economical transport virtually all over the world.
• For problem-free transportation of the product to the service center it is strongly recommended that you use the original packaging (cartons and the accompanying accessories) in which the newly purchased product was packaged and delivered. Please read the product User's Manual for packaging instructions. It is the customer's responsibility to ensure the product and all accessories are properly packaged.
• The Customer's replacement components that are exchanged during the repair become the property of ACOM upon completion of the repair.

• Repair Procedure Duration

The repairs at the ACOM factory are made based on similar procedures as serial production. ACOM does its best to shorten the repair time but this can not be done in the opposite of repair procedures and against quality control policy.

• 15 - 30 (fifteen - thirty) work days or less;

The repair time doesn't include the transport/transit time, etc.

• Hourly Rates and Flat Rates for Servicing and Repair

The ACOM Service Price List includes the repair packages and hourly rate prices. These prices are offered case by case only.

• Invoicing and Payment

• The servicing rendered shall be invoiced after its completion. Payment will be claimed upon completion of the servicing action, and is independent of any success thereof.
• All prices are ex-works (in EUR, or USD), including single product packaging cost.
• Value-added tax shall be added at the then-applicable rate.
• Shipping, transport, and insurance costs are invoiced separately.
• The repair/servicing price must be paid before shipping/delivery to customer.

Product Repairs at ACOM Service & Repair Partners

• Forwarding the service order

• Rules

• The ACOM Service & Repair Partners are independent companies or private persons and have the right to rule their servicing policy, but without violating the policy of ACOM.
• As these companies or private persons are authorized by ACOM as a Service & Repair Partner for ACOM products, they follow the ACOM general servicing rules.
• When the customer plans to use these services, it is mandatory to contact in advance ACOM Service & Repair Partner to clear all questions (technical and financial).

Liability / Warranty

• Repairs:  3 (three) months;
• Spare parts available/sold as separate replacement components:  12 (twelve) months;
  These parts include - tubes and HV transformers;
• All other spare parts:  No guarantee;
  E.g. electronics and electrical components, mechanical parts, etc.

The ACOM warranty period starts at the date of invoicing to the customer.

End of Summary

Summary of our Software License Agreement