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Terms & Conditions

Applicability of Terms and Conditions
The Terms and Conditions on this page will govern all sales by GEM Microwave unless otherwise agreed to in writing, signed by an authorized agent of GEM Microwave. Terms and Conditions contained in Buyer’s purchase order or any other document that are different from or in addition to these Terms and Conditions are objected to, are rejected, and will not be binding on us. Buyer will be deemed to have agreed to these Terms and Conditions by issuing a purchase order number and upon receipt from us of a written acknowledgment of Buyer’s placement of an order. Not-withstanding the foregoing, if we at Buyer’s request, commence performance in any way prior to receipt by Buyer of our written acknowledgment, Buyer’s acceptance of these Terms and Conditions will be deemed to have occurred on the date such performance commences. If for any reason, our Quotation is deemed an acceptance of an offer made by Buyer, such acceptance is expressly conditioned on Buyer’s assent to these Terms and Conditions, which assent will be evidenced by the earlier of Buyer’s acceptance of items delivered by us or any other performance by Buyer or by us. We will proceed to sell items only if Buyer assents to these Terms and Conditions.

Product Warranty
For product warranty terms please see our warranty page. Warranty services are provided as indicated in our warranty section which are incorporated herein by reference as if fully set forth below, and govern the products and services specified. Products that are distributed or resold by GEM Microwave are covered by the original manufacturer's warranty only.

Order Acceptance, Changes, or Cancellations
Your receipt of an email or other form of order confirmation does not constitute our acceptance of your order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. All orders are subject to review and acceptance by us. Verification of information may be required prior to the acceptance of any order. You may request that we change or cancel your order as long as your order has not been processed. For orders placed directly with our sales team please email change requests for orders to sales@gemmicrowave.com. Once an order has been processed it cannot be canceled. Pre-ordered product will be billed when the order is placed and shipped when available. Pre-ordered items are considered non-cancellable and non-returnable with warranty service only as applicable.

International Orders
International orders may be subject to any applicable customs duties, VAT, and taxes in the country of destination, all of which are the responsibility of the customer. If this transaction involves an export under Export Regulations, the products exported by us are exported in accordance with the current Export Regulations. Diversion, use, export or re-export contrary to Hungary law is prohibited. Duties, taxes, and all other fees are the sole responsibility of the Buyer.

Shipments & Risk of Loss
All shipments will be F.O.B. Origin, freight prepaid and charged back unless otherwise agreed upon and approved in writing by an authorized agent of  GEM Microwave. All purchases from GEM Microwave are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our release of goods to the carrier. GEM Microwave uses UPS as our primary carrier. GEM Microwave may use different carriers based upon the requirements of the shipment at our sole discretion. GEM Microwave does not guarantee the shipment or delivery date of any product order or the speed or accuracy of any shipment method or carrier. Items returned to GEM Microwave by the shipping carrier as a result of customer error, refusal, or inability for the carrier to make delivery to the address provided will be the responsibility of the customer. Such costs will be charged to your on file credit card or account. If such option is not available the customer will be billed for such charges.

Shipment Shortages or Discrepancies
Any shipment discrepancies or damage must be reported in writing within five (5) business days of delivery otherwise they will be deemed complete. Send email to sales@gemmicrowave.com. Notification of discrepancies or damages after this period can not be acted upon and will be considered voided. Please retain all original packaging to protect your ability to make a damage during shipment claim.

Pricing and Specifications
All prices and specifications are subject to change without notice. We reserve the right to change pricing, products and specifications, or discontinue items at our sole discretion for any reason whatsoever including, but not limited to changing market conditions, product discontinuation, component unavailability, manufacturing cost changes and errors in advertisements.

Sales Taxes
Any orders shipped to or picked up in Szeged must have current sales tax added. Buyer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Resale shipments inside Hungary will be charged Sales Tax.

Currency
GEM Microwave lists all prices and transacts all business using Euros. It is the responsibility of the customer to convert these prices into their local currency as necessary.

NHH Notice
Customer acknowledges that any GEM Microwave amplification device it purchases is intended for use only in a transmission system certified by NHH. This condition applies only to customers who fall under the regulatory authority of the NHH.

Stock Item Returns
GEM Microwave does not accept stock item refund returns. All stock products will be sold as all sales final. Stock products may be returned for in warranty or out of warranty repair services where applicable.

Custom Product and Tool Returns
Custom Products and tools are not returnable for any reason unless they are found to be defective or for warranty service as applicable. Defective Item Returns must have a Return Material Authorization (RMA) number assigned prior to shipping.

Service Charges & Fees
GEM Microwave will provide service for out of warranty units as well as custom services. The standard bench fee and no problem found upon inspection fee is €40.00 per item. Technical service that can be performed in 30 minutes or less will be charged the bench fee of €40.00 plus parts. Technical service that extends beyond 30 minutes will be charged €80.00 per hour billed in 1/4 hour increments plus parts. All shipping to and from GEM Microwave is the responsibility of the customer. Engineering services are not included in this fee schedule and will be determined on a case by case basis. Repair services, engineering fees, NRE, materials fees, and custom work are non-refundable all sales final services.

Returned Checks 
Returned checks that have not been honored by the customer's bank are the responsibility of the customer. All returned checks will be assessed a €25.00 or 5% service fee whichever is the higher of the two euros amounts and any and all additional charges or expenses related to the collection of this debt allowable by law. GEM Microwave will take any and all measures to ensure returned checks are paid. This includes but is not limited to charging previously used charge cards, legal action civil and criminal as well as liens. Use of a check to pay for services constitutes your agreement to these terms.

Call Monitoring
As part of a commitment to continuous improvement, we utilize systems to monitor incoming and outgoing telephone calls with customers to ensure quality of service.

Privacy Policy
We collect the mail address, e-mail address, and phone information of those who communicate with us via written correspondence, e-mail, phone calls, and information volunteered by the customer such as survey information and/or site registration. The information that you give us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information may be used by GEM Microwave and provided to it's agents. This information will not be sold or provided to a third party not acting as an agent of GEM Microwave.

Confidentiality
Buyer agrees that all information furnished by or obtained from us in connection with the sale of items hereunder will be confidential, and Buyer agrees not to disclose any such information to any other person, or use such information for any purpose, other than performing this contract.

Application Disclaimer
Products sold by us are not intended for use in life support or other medical devices or systems, life-critical applications, emergency response or safety related systems, or in connection with any product using nuclear power, or in the aircraft, aviation, aeronautical, aerospace, defense or related industries or for uses or in industries not otherwise provided in the product description. Any such use of products sold by us is at Customer’s sole risk, and Customer agrees to indemnify and hold us harmless from and against any loss, claims, damages, liability, or cost (including court costs and attorney’s fees) resulting from such use or sale by our Customer or any customer of our Customer. Due to the numerous factors affecting the operating range of radio frequency systems we specifically do not guarantee operating range. Customers are urged to contact a local Professional Installer for assistance in designing and installing any Products. Any assistance or advice provided by one of our employees or representatives in selecting equipment is given on a best-effort basis, and should not be relied upon for final decision of product selection by Customer.

Tolerances and Variations
Except in the particulars specified by Buyer and agreed to in writing by us, the goods being sold to Buyer will be produced in accordance with our standard practices. All goods, however, including those produced to meet an exact specification, will be subject to tolerance and variations consistent with good manufacturing practices in regard to dimension, weight, section, composition, mechanical and electrical properties; to normal variations in surface and internal conditions and in quality; and to deviations from tolerances and variations consistent with practical testing and inspection methods.

Website & Publication Accuracy
GEM Microwave attempts to be as accurate as possible. However, GEM Microwave does not warrant that product descriptions, prices, or other content of our website or publications is accurate, complete, reliable, current, or error-free. If a product offered by GEM Microwave itself is not as described, your sole remedy is to return it in new and unused condition. Some product may be returnable while other are offered as all sales final. Please carefully review your order prior to submission. 

Policies, Modifications, & Serverability
Please review our other policies. We reserve the right to make changes to our site, prices, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We reserve the right to deny any sale at our sole discretion.

Disclaimer of Warranties and Limitation of Liability
This site is provided by GEM Microwave on an "as is" and "as available" basis. GEM Microwave makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. In no event shall we, our Directors, Officers, Employees and Representatives be liable for indirect, special, incidental, consequential, punitive or other damages including but not limited to loss of use, loss of data, loss of business income or profits or breach of implied warranties of any kind arising out of the purchase, use or performance of the Products, whether or not it has been advised of the possibility of such damages. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the full extent permissible by applicable law, GEM Microwave disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. GEM Microwave does not warrant that this site, its servers, or e-mail sent from GEM Microwave are free of viruses or other harmful components. GEM Microwave will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Remedies and Limitations on Remedies
In the event of any material breach of the warranty, we will, at our sole option, credit Buyer’s account or repair any defective goods or furnish a replacement part or goods, all subject to Buyer providing written notice of the alleged breach within the time required. The remedies set forth herein shall be the sole and exclusive remedies available to buyer so that our credit of Buyer’s account or repair or replacement is a fulfillment of all our obligations. We shall not be liable for any special, consequential, incidental or punitive damages of any kind, nor under any circumstance shall we be liable for damages beyond the price of the goods purchased by Buyer, whether in contract, in tort or under any warranty or other use. Notices any notice to us required or permitted hereunder will be deemed to have been effectively delivered if in writing and served by personal delivery to us or sent by registered or certified mail with return receipt requested, postage prepaid, to us at the address specified.

Other Terms
GEM Microwave accepts no other terms or conditions than otherwise specified herein by GEM Microwave. Customer acknowledges that no other terms shall be binding upon GEM Microwave, it's agents or assigns other than those posted herein. Customer indemnifies GEM Microwave from any and all harm, damage, or loss other than those losses or responsibilities accepted herein.