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General conditions

I. General

These General Terms and Conditions for the provision of service work (hereinafter referred to as the ‘General Terms and Conditions’) shall regulate the relations between ACM2 EOOD (hereinafter referred to as ACM2) and the Client assigning the service work, in cases when there is no previous agreement or the object of the service is not under warranty.
The warranty service work shall be provided for the user according to the equipment manufacturer’s standard conditions, and the warranty period shall be stated in the delivery contract for the equipment.
Post-warranty service work shall be carried out at the Client’s request, following a service contract or a call.
For the purposes of these General Terms and Conditions, ‘Service work’ shall be any activity in which labour is invested, and diagnostics and/or replacement is performed of spare parts, components, assemblies, units, materials and/or consumables, and/or maintenance of a system, property of the Client, as well as any activities related to training of ACM2 clients, development of analytical methods and qualification and, respectively, requalification of equipment.
For the purposes of these General Terms and Conditions, ‘System, property of the Client’ shall be any instrument, unit, apparatus, software system or a combination of the above, owned by the Client or provided to them for use on another contractual or legal basis.
ACM2 shall provide publicity, accessibility and timeliness of the current General Terms and Conditions for Service Work on their website: https://www.acm2.com, a copy of the General Terms and Conditions shall be provided in each of their sales or service offices, as well as through each of their service engineers.

ІІ. Acceptance and assignment of the service work

The request for service shall be made through an irrevocable written service request, only by a person authorised by the Client.
The service centre shall accept requests for repair, diagnostics, verification and/or qualification of the analytical systems, as well as the provision of methodological assistance to their users, every working day from 9.00 am to 5.30 pm. Requests which are submitted online after the end of the working day shall be processed on the following working day.
ACM2 shall guarantee assistance for their Client within 8 hours of the receipt of their request by phone, fax, e-mail or other electronic channel and a visit by a service engineer within 48 hours after the call, for the territory of the city of Sofia. For service visits up to 150 km from the service centre, the minimum response time shall be 48 hours after the receipt of the request, and the maximum - 72 hours. For visits to premises located more than 150 km away from the service base, ACM2 response time shall be between 48 (forty-eight) hours and 5 (five) working days after the receipt of the request.
Upon submitting a service request, the Client should indicate the exact name and serial number of the instrument, as well as a description of the problem. During the service visit, ACM2 engineers should be given the passwords for administrator access to the systems and the technical documentation accompanying the system.

ІІІ. Provision of service work. Additionally-assigned work. Need for additional service work.

The necessary spare parts, details, units, assemblies, consumables and materials for the performance of the assigned service work shall be delivered by ACM2 at the expense of the Client in the cases when the device is out of warranty.
In case that, as of the date of assignment of service, ACM2 do not have the specific spare parts necessary for the provision of the relevant service, the estimated period for the performance of the service work shall be extended by a reasonable term, to reflect the delivery of the respective parts to the Client’s location.
For the duration of the service work, ACM2 shall not be obliged to provide the Client with a replacement system for temporary use. The Client shall have no grounds to make any claims against ACM2 for reimbursement of costs for renting a replacement system for the duration of the service work and in connection with the above-mentioned service work.
In the cases of out-of-warranty service, if, in the process of performing the assigned repair, ACM2 finds the need for additional service work and/or replacement of damaged parts that were not reflected in the relevant signed service request, ACM2 shall notify the Client about the type and estimated value of the additional service required. In this case, the Client may refuse the additional service work, at their own risk, which they shall personally certify with their signature in the service request, but no later than 3 (three) days from the notification. In case the Client confirms their consent for the additional service work (their confirmation shall be deemed valid when it is done orally (by phone) and is reflected in the service request) the additional work reflected in the service request shall be paid for by the Client, according to the ACM2 pricelist valid at the time of the relevant work, unless otherwise agreed.
Upon ACM2 invitation, the Client shall respond for direct communication (meeting - conversation or telephone conversation with an authorised person) as soon as possible, but not longer than 5 (five) working days for coordination of additional issues related to the planned service work.

ІV. Price. Payment methods.

ACM2 shall perform the assigned service work (incl. the additionally-assigned work according to Item 11) against payment by the Client. Prices for the invested labour shall be determined according to the ACM2 hourly tariffs at the time of the service work. Prices for spare parts (units and details) and materials (consumables) shall be determined according to the ACM2 pricelist valid at the time of completion of the service work/the date of issuance of the invoice.
The Client shall pay ACM2 the cost of the service work within 10 (ten) days from the date of the invoice issued by ACM2, unless otherwise agreed.
In case of delay in payment within the terms of Item 14, the Client shall owe ACM2 a penalty of 0.5% (nought point five percent) on the amount due for each overdue day until the final payment of the amount.
The Client shall observe the payment terms and conditions strictly, and the parties shall agree that all payments of the Client to ACM2 under the terms of the signed service request and these General Terms and Conditions shall be unconditional and shall not be subject to set-off, cancellation, deferral or rescheduling for any reason, unless the parties have expressly signed a written agreement about it.

V. Completion of the service work. Handing over of the system.

ACM2 shall notify the Client, in advance, about the scheduled date of the beginning of the service work on their system.

After the completion of the assigned service work, the representatives of the two parties shall state their observations in the service protocol, concerning the performance of the service work. If there are no complaints from the Client, the service work shall be considered accepted by the Client without objections, which shall be certified by their signature.

VІ. Guarantees. Terms of warranty liability for the service work provided.

ACM2 shall guarantee the quality of the service work provided (invested labour, materials and parts) for a period of 3 (three) months, starting from the date of acceptance of the service work by the Client. During this period, if damage occurs which is the result of poor service work and/or low-quality or unsuitable spare parts, their replacement shall be borne by ACM2. In all cases other than those specified in the previous sentence, ACM2 shall not be liable for lost profit and/or damage suffered by the Client. The warranty provided by ACM2 regarding the service work shall not be valid under the following conditions:

The system’s operation does not comply with the requirements explicitly indicated in the user and/or service manuals provided at the time of purchase and/or with ACM2 written recommendations made upon previous service activities or on another occasion.
A modification or transformation, other than the original one of the manufacturer, has been carried out in non-compliance with the technical terms and procedures required for this, or has been performed by persons not authorised for this activity.
Previous service work, performed in services not authorised by the manufacturer, which leads to termination of the warranty liability of ACM2.
The Client’s system has been used for purposes for which it is not specially equipped or intended.

The manufacturer shall provide their clients with spare parts for a period of at least 8 (eight) years after the removal of the relevant model of equipment from serial production.
ACM2 guarantee the high qualification of their service engineers and other employees. Each of them has a degree in the field of organic, inorganic or analytical chemistry and/or other natural sciences, experience in a research or control laboratory and personal experience in chromatographic, mass spectrometric and spectral techniques. The service engineers have been trained in the respective service centres of the manufacturing companies to perform service work according to the regulatory requirements of the manufacturer, the rules of the Good Laboratory Practice (GLP) and ISO 9001:2015 quality standard.

VІІ. Other terms and conditions.

All notifications between ACM2 and the Client shall be considered duly served and valid if sent by post, courier, fax, e-mail or, in certain cases and in accordance with these General Terms and Conditions, by telephone, at the addresses and contact details specified in the relevant request. Each of the parties shall notify, in due time (but not later than 3 (three) days), the other party of any changes in the specified contact details; otherwise the sent notifications shall be considered received by the party to which they are addressed and shall give rise to the legal consequences of receipt.
Any disputes between the parties, related to the relevant service request or these General Terms and Conditions for Service Work, incl. disputes arising out of or relating to the interpretation, invalidity, performance or non-performance, as well as disputes for filling in gaps or adapting individual clauses or conditions as a whole to new circumstances, should be resolved through direct negotiations and agreement. Otherwise, in case of disagreement, all disputes should be referred for resolution by the Arbitration Court at the Bulgarian Chamber of Commerce and Industry, in accordance with its Rules for accelerated proceedings.

Service Centre:	Contact person: Aneliya Kirkova - Service coordinator
Tel. +359 2 859 21 03 +359 2 859 21 30 Fax: +359 2 958 28 18 e-mail: service@acm2.com	Service centre: 152 Cherni Vrah Blvd. Sofia 1407

These General Terms and Conditions have been approved by the Manager of ACM2 EOOD and shall be effective from 01 January 2019.