Ace RF Comm Terms and Conditions

Terms and Conditions

1. Acceptance of Order

Orders received by email ( ) or fax (+82-2-6008-7430) will be accepted only. Receipt of confirming purchase order is required no later than 48 hours from initial authorization to proceed. This acceptance is expressly conditional on customer’s assent to the terms set out here in lieu of those in customer’s purchase order. Orders accepted and processed by Ace RF Comm may not be cancelled by Customer. Ace RF Comm’s failure to object to provisions contained in any communication from buyer shall not be deemed a waiver of the provisions of this acceptance.

2. Prices

All prices are based in United States dollars and are subject to change without notice prior to acceptance. Prices do no include any sales, use, excise, property or any other taxes imposed by any government. Such taxes will be added when applicable. The prices quoted do not include export or special packing or any compliance testing such as special environmental, vibration, life cycle, extreme temperature test, etc. unless otherwise specified. Prices do not include inspection charges relating to inspection by outside individuals, entries or agents performed at the request of Customer, unless otherwise specified herein.

3. Terms of payment

Unless credit has already been established, all orders and shipments are based on Ex Work., Ace AF Comm, Seoul, South Korea upon receipt of payment in advance. Each shipment shall be considered a separate and independent transaction, and payment therefore shall be made accordingly. Payment from outside of South Korea will be made against an irrevocable letter of credit, confirmed by a bank or Advanced Wire Transfer. If shipments are delayed by the Buyer, payments shall become due on the date when the Seller is prepared to make shipment. If the work covered by the purchase order is delayed by the Buyer, payments shall be made based on the purchase price and the percentage of completion. Products held for the Buyer shall be at the risk and expense of the Buyer. The Seller reserves the right to ship to its order and make collection by sight draft with bill of lading attached. Ace RF Comm may elect to make partial shipments and bill Buyer upon delivery of each shipment


4. Shipment point and Delivery

All quotations are made EXW (Incoterms ICC 2000), Ace AF Comm, Seoul, South Korea. Shipping or freight charges, insurance and any taxes will be paid by the Customer. All risks of loss and damage to the Products shall pass from Ace RF Comm to Customer when the Products are shipped in accordance with EXW (Incoterms ICC 2000) trade terms. Delivery time is estimated ship date, instead of receiving date of the goods. All shipments will normally be made by UPS, Federal Express, DHL, and EMS

5Change Order and Cancellations

Change orders are considered to be in effect after both the Buyer and Seller have reached a mutual agreement as to the effect of the change on price, delivery, or other conditions of the order. Cancellation of any accepted orders can be made only with the Seller’s written consent thereto and upon such terms as will satisfy all costs incurred by the Seller and its proportionate profit on work completed. The Seller will attempt to progress any cancellation promptly. Items scheduled for shipment within thirty (30) days of the receipt of Buyer’s notice of cancellation or rescheduling may not be terminated or rescheduled and must be accepted and paid for at the agreed upon prices.

6. Warranty and RMA

All Ace RF Comm products are warranted for a limited period of one year from date of shipment against defects in workmanship or materials or failure to operate as described in product data sheets under normal use. Alteration of the products, cases of misuse, acts of God, or damage will invalidate the warranty.

Ace RF Comm does not warrant the products against normal wear and tear or normal environmental degradation. The warranty is limited to repair, replace or refund any products that are returned under warranty. This warranty does not cover damage incurred during shipment which is the responsibility of the freight shipping company. If the product is found to be covered under warranty, Ace RF Comm will bear the shipping costs of returning the repaired product and sending replacement product to Customer.

This limited warranty is expressly conditioned upon: (1) Customer’s payment of the purchase price in full, (2) customer giving written notice of the defect, reasonably described, to Ace RF Comm within ten (10) days of the time when Ace RF Comm discovers or ought to have discovered the defect, (3) the storage, installation, operation, use, and maintenance of the products in compliance with product instructions, (4) customer providing seller with a reasonable opportunity to examine the products, and (5) the absence of any unauthorized modification or repair of the products, including without limitation the removal or alternation of any serial numbers or product identifications.

7. Product Changes

Ace RF Comm reserves all rights of manufacture under its patents, copyrights, and trade secrets, including the right to make modifications to existing components and equipment specifications without prior notice.

8. Termination

In the event either party defaults in the performance of any material obligation and fails to cure such default within sixty days after receipt of written notice from the other party, then the non-defaulting party may terminate its performance and cancel this Agreement. Upon such termination, the terminating party may terminate any outstanding orders placed hereunder and cease all performance.

9. Assignment

Customer may not assign this Agreement or any interest or right herein without the prior written consent of Ace RF Comm.

10. Entire agreement

This agreement is entered into in Seoul, South Korea and constitutes the entire understanding between the parties relating to the sale of the products and services described on the face hereof and supersedes all previous communications. Representations or agreements, either oral or written, with respect to the subject matter hereof and no representations or statements of any kind made by any representative of Ace RF Comm which are not stated herein, shall be binding on Ace RF Comm.

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