COMSYSTEMS® Solutions terms and conditions of sales

Definitions

“COMSYSTEMS Solutions” shall mean COMSYSTEMS LLC , 3888 Mannix Dr. #318, Naples,FL,34114-USA.
“Customer” shall mean the individual, company and/or entity purchasing products from COMSYSTEMS .
“Products” shall collectively mean the physical products and / or services provided by COMSYSTEMS.

General

A. By placing an order at COMSYSTEMS, customer acknowledges that customer has read and understands the terms and conditions herein and agrees to be bound by them, that it is the complete and conclusive statement of the parties and understanding between the parties relating to the subject matter hereof and all understanding and agreements, oral and written, heretofore made COMSYSTEMS and Customer, are merged in this agreement which alone fully and completely expresses their agreement.
B. Customer’s objections, if any, to COMSYSTEMS terms and conditions of sale shall be made in writing prior to submission of order by the customer to COMSYSTEMS. Such objections shall be addressed to COMSYSTEMS in USA.
C. No Modification of or additions to these terms and conditions shall be binding upon COMSYSTEMS unless such modification is in writing and signed by an officer of COMSYSTEMS.
D. Section and paragraph headings used herein are for convenience only and are not to be deemed or construed to be a part of these terms and conditions.
E. The failure of COMSYSTEMS to insist, in any or more instances, upon the performance of any of the terms, covenant or conditions of these terms and conditions, or to exercise any right herein, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of the Customer with respect to such future performance will continue in full force and effect.
F. These terms and conditions and the rights and duties of the parties will be governed and interpreted in accordance with the Florida Law in USA.
G. By placing an order, the person placing the order is representing that he or she has the requisite to place the order, and has made an affirmative determination that the order can be properly placed in accordance with the terms and conditions set forth herein.
H. If this is an order covered by an existing contract, basic ordering agreement, or basic purchase agreement between Customer and COMSYSTEMS, then only the terms, conditions, and prices of that contract or agreement apply to the order, and Customer is solely responsible for verifying that the applicable price is reflected in this order.
I. Supply of equipment is subject to end-user approval.

Prices and taxes

Prices are subject to change based on supplier pricing.
Unless otherwise agreed all prices are ExWorks COMSYSTEMS warehouse (Naples,FL). Unless instructed otherwise, COMSYSTEMS will arrange for freight insurance and standard commercial shipping.

All prices are exclusive of shipping and insurance charges. COMSYSTEMS can offer to arrange shipment and insurance on request. The cost shipment and insurance shall be billed separately and specified on a separate line on the invoice. Installation, engineering and related charges are only included if stated on the face of the order or quotation. Installation, engineering and related charges are subject to change due to customer failure to complete site readiness as stated, non-standard site conditions, force majeure events or customer caused delays. Customer agrees to pay all such additional charges as invoiced by COMSYSTEMS.

All prices are exclusive of all sales, use, excise and other taxes, duties or charges. Unless evidence of tax exempt status is provided by customer, customer shall pay, or upon receipt of invoice from COMSYSTEMS, shall reimburse COMSYSTEMS for all such taxes or charges levied or imposed of Customer, or required to be collected by COMSYSTEMS, resulting from this transaction or any part thereof.
COMSYSTEMS has no obligation for payments of any applicable foreign import duties.

Order handling fees

When handling orders,COMSYSTEMS offers a range of services. While some are mandatory and others optional, their common purpose is to ensure a fast, safe and efficient flow of goods from the COMSYSTEMS warehouse to customers’ destinations..

Payment

The customer shall make net payment in such way as COMSYSTEMS may designate in writing or as reflected on a Proforma invoice. The customer shall pay COMSYSTEMS on or before the due date. COMSYSTEMS reserves the right to apply service charges and interests for overdue payments. In case of late payment of any amount payable by the customer to COMSYSTEMS, interest shall accrue on late payments at a default interest rate of 1.5% (one and a half percentage) per month, calculated from the due date.

Export and re-export restrictions

Performance and delivery of the equipment, documents, services and software sold and delivered here under are subject to export control laws and regulations of the manufacturer’s country and approvals by COMSYSTEMS The customer shall not re-export the products and technical data delivered here under from the country of delivery without fully complying with the regulations set up by the manufacturer.

Export documents

Customer shall be responsible for obtaining any necessary import licenses into the country of delivery. COMSYSTEMS shall provide certificates of delivery, affidavits of origin, and other information under its control which is necessary for customer to import products.

Installation and engineering

A. Engineer, furnish and install services
COMSYSTEMS does not accept responsibility for the integrity of any existing equipment unless otherwise specified.
It is the responsibility of the customer to ensure the job site is free of hazardous materials prior to mobilization of field crews.
COMSYSTEMS shall complete the installation services in accordance with COMSYSTEMS normal installation practices. COMSYSTEMS shall perform its standard acceptance testing in the installed products and the customer may monitor said testing. Upon completion thereof, as described above,COMSYSTEMS shall notify customer that the product(s) has been installed and operates in accordance with specifications. The date of such notification shall be the installation date. COMSYSTEMS may at its sole discretion use subcontractors to provide installation services. The customer shall, at its expense, on the signing of this agreement, and at all times thereafter during the period of providing services here under be responsible for the following, including site preparation and clean-up,test equipment,tools must be on site furnished by the customer.
  a. Allow employees or agents of COMSYSTEMS free access to premises and facilities where the services are to be provided at all hours consistent with the requirements of the activity.
  b. Obtain all necessary local, state and federal construction and work permits as required to do the work, unless otherwise specified.
  c. Obtain and secure pre-construction, conditional use documentation and environmental impact study approvals, unless otherwise specified.
  d. Provide secure and appropriate storage for all equipment at warehouse and construction site.
  e. Provide insurance for equipment until on customer site.

B. Surveys and calculations
When COMSYSTEMS performs reliability calculations or paper studies based solely on information supplied by or on behalf of the customer, it is understood that these are done for budgetary purposes only and are not to be construed as an install able design.
COMSYSTEMS performs frequency planning based on the provided data at the time of the study. COMSYSTEMS shall not be responsible for any interference cases that arise due to errors or omissions in such data.
COMSYSTEMS shall not be responsible for any installations if COMSYSTEMS has not performed a site survey or for changes in system design after the field survey is completed, such as:
  a. Any changes in system design
  b. Any movement in site locations
  c. Buildings or other structures that can affect the system performance
  d. Any disturbance of the terrain which may cause blockage or reflections
  e. Additional frequency interference sources
  f. Installation of non-COMSYSTEMS radio equipment

Excusable delay

COMSYSTEMS shall be excused from performance under the purchase order and not be liable to customer for delay in performance attributable in whole or in part to any cause beyond its reasonable control, including but not limited to, actions or inaction of government whether in its sovereign or contractual capacity, judicial action, war, civil disturbance, insurrection, sabotage, act of a public enemy, labor difficulties or disputes, failure or delay in delivery COMSYSTEMS suppliers or subcontractors, transportation difficulties, shortage of energy, materials, labor or equipment, accident, fire, flood, storm or other act of God, or customer’s fault or negligence.
In the event of an excusable delay, COMSYSTEMS shall make reasonable efforts to notify customer of the nature and extent of such a delay and COMSYSTEMS will be entitled to a schedule extension on at least a day-for-day basis. In the event of customer’s fault or negligence COMSYSTEMS will also be entitled to an equitable adjustment in the price of this contract.

Cancellation and termination

Cancellation of the purchase order will be accepted only with the specific written approval of COMSYSTEMS and shall be subject to cancellation charges.Customer is to reimburse COMSYSTEMS with any cost affected with returning goods, both freight and manufacturers reimbursement.Returned goods will only be accepted if returned in unused condition, in original, undamaged packaging and the minimum charge will be 25%.

The COMSYSTEMS logo and Registed trademark

The COMSYSTEMS name and logo are proprietary trademarks of COMSYSTEMS and its associated companies. Customer shall have no right, without the express written consent of COMSYSTEMS, to use any marks, names, slogans or designations of COMSYSTEMS in the sale, lease or advertising of any products or services purchased at COMSYSTEMS.

Limitation of liability

In the event or breach of contract, the injured party shall be entitled to claim compensation from the guilty party for any loss suffered as a direct consequence of the breach to the extent that the guilty party could reasonable be expected to have foreseen this loss when the contract was entered into and bearing in mind the circumstances he knew or should have known could result from the breach.
However, neither party shall be entitled to claim compensation if the breach is caused by circumstances beyond the other party’s control pursuant to section “Circumstances beyond the parties’ control” below.
COMSYSTEMS cannot be held liable for any consequential loss, loss of profits or any other indirect loss suffered by the Customer as a result of delayed delivery or defects in the subject of sale. Nor can COMSYSTEMS be held liable for other losses over and above the invoice amount exclusive of value-added tax.The Customer cannot be held liable for any loss suffered by COMSYSTEMS as a result of him being unable to use the liquidity which COMSYSTEMS was expecting to receive on payment of the purchase price, except for interest as mentioned in section “Payment” above.

Circumstances beyond the parties’ control

Circumstances which preclude any claim for compensation and postpone the delivery date and/or payment date exist when breach of contract is caused by an obstacle beyond the control of the party in question which he could not reasonable be expected to have taken into consideration or avoided at the time of entering into the contract, nor could reasonable be expected to have overcome.
The party whose ability to perform the contract is affected by an obstacle as set out above shall inform the other party in writing thereof without undue delay, specifying the consequences of the obstacle in relation to his ability to perform the contract. Failure to do so shall oblige him to compensate the other party for the loss resulting from the other party not receiving such timely notification.

WARRANTY/RETURNS

COMSYSTEMS Products warrants your product 1 year against manufacturing defects in material and workmanship in accordance with the following terms and conditions. This warranty applies to the original purchaser only and is not transferable.

  1. During the warranty period, COMSYSTEMS will repair or replace without charge valid defects in materials and workmanship. Warranty does not apply to products as like radios, accessories, antennas etc… that have been damaged through accident, misuse, negligence, modification, alteration, abuse, strong weather conditions or normal expected wear. Damage that is determined to be of this nature will be repaired at the consumer’s expense.
  2. Repairs or adjustments covered under this warranty are to be determined by COMSYSTEMS LLC USA.
  3. For your protection, we require proof of original purchase date for warranty determination – a copy of the sales invoice or cancelled check is satisfactory evidence. This procedure insures that you receive full-term warranty from the date of original purchase so that the time the unit remains in dealer stock is not deducted.
  4. All packing and shipping charges to return products for repair are the responsibility of the customer. Please pack product carefully to eliminate shipping damage. It is wise to insure shipments against loss or damage. Return product to COMSYSTEMS @ 5680 Napa Woods Way Naples, FL, 34114.USA. Attn. to repair Dept. with RMA number. ASK FOR RMA NUMBER & SPECIFY THE PROBLEM (Please include a detailed description of the problem you are experiencing along with your proof of purchase.) Send by email to sales@comsystems.com
  5. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
  6. The Consumer Service Department is also available for out of warranty service.

Warranty and Policy are Subject to Change without Prior Notice.

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(Last revision: 16/Dec/ 2016)