AUSTIN CIRCUIT DESIGN, INC.
EXTENDED TERMS & CONDITIONS
ACCEPTANCE AND USE OF THE PRODUCTS DELIVERED IS CONSIDERED ACCEPTANCE OF THESE TERMS AND CONDITIONS
1. F.O.B. shipping point is Austin, TX unless otherwise indicated.
2. Prices and deliveries quoted are valid for 30 days.
3. Any order, or any portion of an order that is canceled may be subject to a cancellation charge to be determined solely at the discretion of ACDI.
4. The customer must obtain a Return Material Authorization (RMA) from ACDI prior to the return of any product. Such RMA must be applied for within 30 days of customer’s receipt of items. ACDI reserves the right to verify the discrepancy prior to return of any material.
5. Quotations are based on the information provided to us and is contingent upon our review. In the event of differences or previously unknown features or items missed/misinterpreted in the information that affects manufacturability, we will advise of required changes in pricing and/or delivery as soon as possible.
6. ACDI will not be responsible for any direct or indirect losses a customer may claim related to shipment delays and in any circumstance ACDI’s total liability is capped at the $ amount ACDI receives to manufacture the product.
7. ACDI warranties the products it buys the material for and manufactures for one year for components for everyday usage and 90 days for manufacturing defects. Electrical spikes are not covered. Consigned materials products are warranted for 90 days for manufacturing defects, only.
8. In the event that a product manufactured at ACDI has a high percentage of warranty work; ACDI will hire a design engineer to determine whether the defects are the result of materials and workmanship or are the result of useage issues or a misapplication of technology within the circuit.
9. Assembly work is quoted, built and inspected to IPC-A610-Rev. D, Class 2 unless specifically stated differently in the quote, the contract, the PO, and on assembly drawings.
10. EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THESE TERMS AND CONDITIONS, ACDI MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. IN NO EVENT WILL ACDI’S LIABILITY ARISING OUT OF OR RELATED TO THE PROVISION OF THESE PRODUCTS EXCEED THE AMOUNT PAID BY RECIPIENT TO ACDI FOR THE CIRCUIT BOARDS; AND IN NO EVENT WILL ACDI BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF RECEIPIENT IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF RECIPIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this section ACDI’S liability will be limited to the maximum extent permissible.
12. Recipient will indemnify, defend, and hold ACDI harmless against any third party claim, suit, or proceeding against ACDI arising out of or related to use of the circuit boards, provided ACDI gives Recipient prompt notice of such claim. Recipient’s obligations set forth in the preceding sentence include, without limitation, retention and payment of attorneys and payment of court costs, as well as settlement at Recipient’s expense, payment of judgments, or both. Recipient will control the defense of any indemnified claim, including appeals, negotiations, and any settlement or compromise thereof; provided ACDI will have the right to approve the terms of any settlement or compromise that restricts its rights or subjects it to any ongoing obligations
13. ACDI incorporates the use of an Email Approval Form for all design work. The text follows. This form must be returned by the customer upon completion of their final review to release the job.
The purpose of this Email Approval Form (EAF) is to register your approval of the design layout provided to you by Austin Circuit Design Inc. When you are ready to give your approval to the design layout; please reply to this email. This reply will register your approval as an authorized customer in accordance with the following statements: By this reply, I understand my obligation for review and approval of the supplied check plots, data, or gerber files with respect to quality and accuracy of the printed circuit board (PCB) design work performed by Austin Circuit Design. Where applicable; this EAF releases the board to fabrication.
1) NETLIST: This is to acknowledge that a board file or extracted netlist was provided for review, and that responsibility for the accuracy of the net list is accepted.
2) PLACEMENT: This is to acknowledge that the hole size, pad size, spacing and pin out of all part footprints have been reviewed and approved. This also approves the location of all parts on the board.
3) ROUTING: This is to acknowledge that all electrical connections, including internal planar connections, have been reviewed and approved.
4) BILL OF MATERIAL (IF APPLICABLE): This is to acknowledge that a BOM (Bill of Material) was provided for review, and that responsibility for the accuracy of the BOM is accepted.