Our Terms and Conditions

Our Terms and Conditions are designed to provide helpful information about how we do business so customers and prospects can make informed decisions about working with us and what to expect. If you have questions or concerns about any of the information provided here, please contact us.

When you place an order with Acorn Assembly, these are the Terms and Conditions that will govern that order and our working relationship with you, even if you have your own company Terms and Conditions and those are listed on Purchase Orders, your website or anywhere else.

Our acceptance of a customer’s order is subject to and made conditional upon these Terms and Conditions. Acorn Assembly objects to any customer’s terms in addition or different from these terms. In any event, a customer’s acceptance of our quote or services constitutes a customer’s acceptance of these terms. Unless we expressly agree in a signed document, these terms, including all documents specified by us as part of these terms, constitute the entire agreement between Acorn Assembly and our customers and supersedes all other agreements and understandings regarding the subject matter hereof. These terms shall not in any way be changed by any oral statements or provisions of any of customer’s forms or documents.

Quotes

• Quotes are created based on customer supplied files and information. The acceptance of an order is subject to the verification of information in customer files, emails and any other form of communication. Inaccuracies or changes to the information in the supplied files and/or other information will result in additional charges.
• Quotes are valid for 30 days only. We are happy to requote a prospective order if that time-period has passed.

Payments

• Credit Cards. We accept Visa, MasterCard and American Express for payment.
• Charges. Credit cards are charged at the time the order is placed.
• Canceled orders. Customers are liable for the cost, including any third-party cancellation charges, for parts and boards that have been purchased or any other expenses, including but not limited to labor costs, that have been incurred prior to canceling an order.
• Credit Terms. Applications for credit terms are subject to approval and will be considered based on order history and an evaluation of your credit application. The application process typically takes between a few days and a few weeks, depending on the accessibility of your references and financial information. All invoices are due Net 30 unless agreed to in writing at the time of Credit Approval.
• Taxes. Prices for goods and services will include appropriate taxes, duties and other charges, including but not limited to, sales or use taxes, imposed on or with respect to the sale or use of the goods, or arising by reason of the sale by the Seller. Customer shall pay promptly all such taxes, duties and other charges, and upon request shall give Seller a receipt showing such payments.

Large Component Procurement Invoicing

• If you place a large component order valued at more than $20,000, we require 50% of the cost of the component order be paid at the time of booking.

Shipping

• We use FedEx and UPS as our standard carriers for quick-turn orders. All quick-turn orders are shipped priority overnight unless otherwise requested at the time of order. Shipping methods other than overnight will impact delivery dates.
• We will ship on a customer shipping account if requested at the time of order.
• Production orders are shipped via freight unless otherwise agreed upon.
• International destinations will incur additional shipping and handling fees based on the size of the order. We will not guarantee delivery dates for any international shipments due to the inconsistencies with shipping and international customs processes.

Warranties and Liabilities

• We warrant each assembly for workmanship for up to 30 days after delivery.
• For manufacturing problems caused by us, we will, at our discretion, repair the problems, replace the order or refund the price of the assembly labor.
• Any modifications done to the assembly after you’ve received it nullifies this warranty.
• We are not responsible for any damage or lack of functionality caused by defective design, components or PCBs provided by you or as a result of problems in the electronic materials provided by you.
• In no event shall Acorn Assembly be liable to the customer for any indirect, consequential, incidental or special damages, or any damages whatsoever resulting from loss of use, data or profits (however caused and under any theory of liability), even if Acorn has been advised of the possibility of such damages.
• In no event will Acorn be liable for costs of procurement of substitute goods or material by customer.
• Under no circumstances shall Acorn’s liability exceed the amount of the amount paid to Acorn under an order placed.

Customer Obligations

• Questions and issues do arise in the assembly of circuit boards. To keep orders on schedule, we rely on customers to be readily available to answer questions and help us work through issues in a mutually agreeable manner.
• To accomplish this, it is imperative we have multiple methods to contact customers, including email and cell phones that are monitored every day for calls and text messages. We understand how busy schedules can get and we will always focus on getting orders done right the first time and out the door on time. We ask that customers respond as quickly as possible to questions. Delays of even an hour can delay the shipping of an order an entire day.

Components

• The customer shall be responsible for all component parts not used in products 30 days after the last scheduled shipment on the purchase order.
• The customer is responsible for any and all non-cancelable, non-returnable components that are not consumed.
• The customer is responsible for any and all excel material caused by minimum purchase requirements from suppliers.

Returns

• Goods may not be returned to us for warranty claims without our prior authorization and then only in accordance with our Return Material Authorization (RMA) procedures. As noted above in our Warranty and Liabilities section, we consider orders acceptable if we haven’t heard from you of a problem within 30 days of delivery.

Indemnification

• As our customer, you will warrant that the designs, specifications, and other materials you provided do not violate or infringe upon any third party rights, including without limitation, any intellectual property, copyright, patent, trademark, proprietary, or non-disclosure, rights (collectively, “IP Rights”). You will defend, indemnify and hold harmless Acorn Assembly, its officers, directors, managers, employees, agents, sub-contractors and affiliates from and against any and all liabilities, damages, losses, costs, and expenses, including attorney’s fees and expenses, arising from a claim or action that any goods infringe any IP Rights.

Force Majeure Event

• Neither part shall be responsible for any failure to perform due to a Force Majeure Event provided that such party gives notice to the other part of the Force Majeure Event as soon as reasonably practicable, specifying the nature and particulars thereof and the expected duration thereof. A “Force Majeure Event” shall mean the occurrence of unforeseen circumstances beyond a party’s control and without such party’s negligence or intentional misconduct, including, but not limited to, any act by any governmental authority, act of war, natural disaster, strike, boycott, embargo, shortage, supplier delay, riot, lockout, labor dispute or civil commotion.

Governing Law

• This document is made under and shall be interpreted and enforced in accordance with the laws of the State of Wisconsin without giving effect to those principles of conflict of laws which might otherwise require the application of the law of another jurisdiction. The United Nations Convention of Contracts for the International Sale of Goods does not apply. Any legal action shall be filed only in the state or Federal courts located in Colorado. In the event any legal action is filed with respect to a claim or controversy arising out of or relating to these Terms, the prevailing part therein shall be entitled to an award of expenses in the litigation and in collecting any judgment, including reasonable attorneys’ fees and expenses.

Exports

• Customers shall comply with all applicable federal and foreign export and import control laws and regulations, including the Export Administrations Regulations and the International Traffic in Arms Regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval) for the goods shipped to Customer. Customer shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release any goods to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any goods or information is prohibited by applicable federal or foreign law or regulation. Customer shall provide prior written notice of the need to comply with such laws and regulations to any person, firm or entity which it has reason to believe is obtaining any such goods of information from Seller of Customer with the intent to export.