Customer Terms & Conditions
- Acceptance of Terms: By accepting this quote, placing a purchase order, or accepting delivery of any product manufactured by Accurate Engineering, Inc. ("AEI"), the customer agrees to be bound by these Terms & Conditions. These Terms & Conditions supersede any conflicting terms provided by the customer, unless explicitly agreed to in writing by AEI.
- Indemnification: The customer shall indemnify, defend, and hold AEI harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to the use, misuse, or inability to use the product supplied, except to the extent caused by AEI's gross negligence or willful misconduct.
- Product Conformity and Returns: If the product supplied does not meet the customer's specifications as agreed upon in writing, the customer must notify AEI in writing within 20 business days of receipt and return the product within 30 business days of receipt. Upon timely notification and return, AEI shall, at its sole discretion, either: (1) Repair the product, (2) Replace the product at no cost to the customer, or (3) Refund the payment made by the customer for the non-conforming products. This remedy shall be the customer's sole and exclusive remedy for non-conforming products.
- Order Acceptance and Cancellation: AEI reserves the right, at its sole discretion, to decline a customer's purchase order based on this quote or cancel the purchase order within 7 business days of acceptance. In case of cancellation by AEI, AEI's sole liability shall be to refund any payments made by the customer for the cancelled order
- Limitation of Liability: To the maximum extent permitted by applicable law, AEI shall not be liable for any direct or indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits or revenue, loss of data, loss of use, rework, manufacturing expense, injury to reputation, or loss of customers, even if AEI has been advised of the possibility of such damages. AEI's total liability under this agreement shall not exceed the amount paid by the customer for the products giving rise to the claim.
- Quotation Validity: Quotes are valid for 30 days only and are subject to revision based on existing market conditions, component availability, and tariffs at the time of order. Design, specification, or turn time changes may affect pricing. Any price reductions are at AEI's sole discretion and must be agreed to in writing. Annual reductions are excluded unless mutually agreed to in writing in advance of the project award date. Failure to achieve annual project sales projections negates any annual reduction commitment for the life of the program.
- Intellectual Property: All intellectual property rights in the products, including any custom designs or specifications provided by the customer, shall remain the property of their respective owners. The customer warrants that any designs or specifications it provides do not infringe on any third-party intellectual property rights and shall indemnify AEI against any claims of such infringement. The customer grants AEI a non-exclusive, royalty-free license to use any customer-provided designs or specifications solely for the purpose of fulfilling the customer's orders
- Force Majeure: AEI shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, supply chain disruptions, or government actions.
- Governing Law and Jurisdiction: These Terms & Conditions shall be governed by and construed in accordance with the laws of [California], without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of Los Angeles County, California.
- Severability: If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.