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TERMS & CONDITIONS

By accessing this website, you agree to the Terms and Conditions set forth below. We reserve the right to change this policy at any time. If for any reason you do not agree with the Terms and Conditions set forth below, please do not use this site.

No terms and conditions other than these Terms and Conditions shall be binding upon ACP Composites unless accepted by ACP Composites in writing. For all purposes, “Seller” refers to ACP Composites Inc, (hereafter noted as ACP), “Buyer” or “Customer” refers to the purchaser, both are each a “Party” and collectively the “Parties”, and “Site” refers to our website.


Ordering & Payments

QUOTATIONS:Upon request, ACP will deliver a quotation to Buyer specifying products and services to be sold and the order details for such offerings. Quotations are valid for thirty (30) days unless otherwise indicated or extended by ACP. Seller reserves the right to withdraw any quotation prior to its expiration. Buyer agrees to Seller’s Quote by returning the quote, signed by an authorized representative of Buyer, or by submitting a purchase order.

PRICING & TAXES: ACP prices and discounts are subject to change without notice and do not include any state or local taxes. Prices are quoted and payable in US Dollars. All orders are subject to applicable shipping, freight, taxes, and handling charges.ACP collects sales tax for deliveries to all states in which we are legally obliged. Buyer shall pay all applicable taxes and excises unless Buyer furnishes ACP with a valid Reseller Certificate or tax exemption certificates prior to order.

TERMS: Buyer agrees to pay for the products and all applicable taxes, freight and fees according to the Seller's payment terms. All orders are subject to credit approval. Orders requiring immediate shipment (prior to credit approval) or orders placed on our Site are payable by Visa, MasterCard, Discover or American Express.

Unless otherwise agreed to by both Parties in advance, ACP’s standard credit terms are NET 30 DAYS FROM DATE OF INVOICE. ACP may require full or partial payment in advance of shipment whenever, in its opinion, the financial condition of the Buyer so warrants. Net invoices are payable by ACH, personal or business checks (USD only), and domestic wire transfers. Net Invoices paid by Credit Card will be assessed a 3% Credit Card Surcharge. Until your application is approved, orders can be prepaid by Credit Card at time of shipment or HELD pending approval.

In the event Buyer fails to make timely payment, Buyer's account(s) with Seller shall become due. ACP reserves the right to assess a charged of 1.5% per month on overdue accounts. Buyer shall be liable for all costs and expenses, including attorney’s fees, related to the collection of past due accounts. ACP reserves the right to withhold shipment of materials on past due accounts.

PAYMENT: Net invoices are payable by ACH, personal or business checks (USD only), and domestic wire transfers. Net Invoices paid by Credit Card will be assessed a 3% Credit Card Surcharge. To pay invoices by ACH, please contact ACP or see invoice footer for payment information. Foreign bank or currency payments will incur a $15.00 processing fee. Domestic wire transfers will incur a fee of $50.00. Fees charged by the sender’s bank are the responsibility of the payor. International Orders are payable by Credit Card only; ACP does not accept international wire transfers.

PRODUCT CERTIFICATIONS: Standard Quality Certifications can be provided at no charge if requested at the time of order. A $25.00 fee per line item will apply if certifications are requested after shipment. ACP may not be able to provide certifications detailing lot number, traceability, D.O.M. or other material specifications for stock products. This information can only be provided on a custom order basis. Please contact an ACP associate for more information.

CHANGES & CANCELLATION: The Buyer may cancel a stock product order within 24 hours from the time the order was placed. Changes or cancellations to custom orders can only be authorized in writing by Buyer’s and Seller’s authorized representatives and must be confirmed by a revised purchase order from Buyer. If any change requested by Buyer causes an increase or decrease to the cost, delivery schedule or other terms, Seller shall notify Buyer of the change in cost, delivery or other terms. An adjustment to cost, delivery schedule or other terms shall be mutually agreed upon in writing by the Parties. The Seller reserves the right to cancel any order at any time for any reason seen as appropriate.


Shipping

SHIPPING QUOTATIONS: Upon request, freight can be quoted prior to shipment. ACP requires a valid ship-to address, an exact order and 1-2 business days for quotes to be provided. Shipping quotations are valid for two (2) weeks and the quotation number must be referenced when ordering to be honored.

BACKORDERS: If an out of stock product is estimated to be available within 2 weeks of order date, ACP will hold the order and ship complete, unless otherwise requested by Buyer. If the. order is expected to ship later than 2 weeks from order date, available items will be shipped and out of stock items backordered, unless otherwise requested by Buyer. Applicable shipping and handling charges will apply for each shipment.

DELIVERY: ACP will ship orders placed on the Site within 2 business days (see backorder policy above). Shipping transit times are in addition to this processing time.

If your order is for a custom product, Seller will make all attempts to complete delivery of the product(s) in the time frame quoted to the Buyer on the Sales Order confirmation. If a delivery should be delayed, the Seller will make a good faith effort to contact the Buyer. In no event will ACP be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. The products may be delivered in advance upon giving reasonable notice to the Buyer.

If the scheduled delivery of the products is delayed by Buyer, or other reason outside of ACP’s reasonable control, ACP may deliver the products by moving them to storage and at the risk of Buyer. Shipment will be billed at time of delivery and storage fees will apply. Deliveries, either to Buyer or to ACP storage, may not be extended past six (6) months from original delivery date.

ACP has the right to delay or suspend shipment of the products if Buyer fails to make payments in accordance with established terms or fails to meet ACP’s credit or financial requirements.

When requested, orders may be picked up, CUSTOMER PICKUP, in our office. ACP will contact the Buyer once a customer pickup order is ready. If the order is not picked up within two (2) business days of contact date, the order will be cancelled, and items returned to stock.

Any complaint of delivery discrepancy or damage to product(s) must be notified to the Seller within three (3) business days of receipt. All damaged product and shipping materials must be retained until resolution of carrier claims.

EXPEDITE: If you require expedited processing, please contact us prior to 12pm PST to determine whether we can fulfill your request. Expedite fees will apply. Custom orders may incur expedite fees as agreed upon by both Parties and noted on the Quotation or Sales Order Confirmation.

  • $75.00 for any stock product order $500.00 or less
  • 25% of order total for any stock product order over $500.00
  • Custom order expedite fees will be noted on the Quotation or Sales Order Confirmation

SHIPPING: All orders are shipped F.O.B., point of shipment in accordance with the Ex Works (EXW) terms. Certain products may require additional handling charges or fees which will be noted on the product page or Sales Order Confirmation. Displayed shipping charges on orders placed on our Site are estimated and are subject to change based current rates, surcharge and fees. The cost of any special packing or special handling caused by Buyer's requirements or requests shall be added to the amount of the order. Blind shipments can be request and may incur an additional fee for processing.

ACP ships orders via UPS, FedEx, USPS or common carrier. ACP will ship via a specific shipping carrier at the Buyer’s request. ACP can bill shipping charges to the Buyer’s shipping account upon request. Orders that do not specify a shipment method will be shipping via most economical.

Hazardous packages can only ship via ground transport within the contiguous US; no International Shipments.

All orders are shipped insured for the full order value at carrier rates. Shipping costs are not covered by insurance. Insurance cannot cover lost packages due to an incorrect address provided by a customer at checkout. ACP is not responsible for the loss of these packages.

International delivery or brokerage fees, customs and import/export tariffs, duties, taxes and similar charges, and compliance with all import procedures, documentation and legal requirements are the sole responsibility of the Buyer.

FREIGHT SHIPMENTS: Packages that exceed standard weight and size limits will require Freight shipment. Allow extra processing time. International Freight shipments must be arranged by the customer and must ship collect on the customer’s account. Additional charges will apply for residential freight delivery, extending delivery areas and for deliveries require lift gate services.

FREIGHT FORWARDERS: Seller will not be responsible for damage or loss that occurs to shipments after they have delivered to a freight forwarder. Any complaint of delivery discrepancy or damage to product(s) must be notified to the Seller within three (3) business days of receipt. All damaged product and shipping materials must be retained until resolution of carrier claims.

Buyer or the freight forwarder become the exporter of the shipment and are solely responsible for compliance with all export and import regulations, including all U.S. export regulations and the import regulations of the destination country.

CARBON FIBER MATERIAL TERMS OF SALE AND EXPORT: ACP Carbon fiber products may have special export and sale regulations. Buyer may be required to provide End Use/End User Certifications, apply for an Export Licenses or provide other documentation as needed prior to sale. Processing fees apply for Export Licenses. If Buyer intends to resale or export any purchased materials, or product produced with purchased materials, Buyer must export in accordance with all US Export Regulations including, but not limited to, FTR, EAR NRC and ITAR. Compliance to all applicable export regulations is the Buyer’s sole responsibility. Buyer agrees that purchased materials or product produced with purchased materials will not be sold or transferred at any time or in any manner to Cuba, Iran, North Korea, Sudan, or Syria, their governments, companies owned or controlled by their governments, or any national entity.


Returns

RETURNS: Any complaint of short delivery or damage to product(s) must be notified to the Seller within three (3) business days of receipt. All damaged product and shipping materials must be retained until resolution of carrier claims. Returns are acceptable within thirty (30) days of invoice date if: (i) it is in new condition, suitable for resale and with all its original parts and (ii) it has not been used, altered or damaged. ACP offers free returns for all items except those considered to be custom orders, clearance items, cut yardage, prepregs, and/or any products cut at customer request. These types of items are non-refundable and non-returnable. Orders shipped internationally or via freight do not qualify for free return shipping.

ACP will not accept any materials for return without a Return Materials Authorization (RMA). For orders placed online, Buyer may enter a return request on our Site. For other orders, Buyer must contact Seller to request a Return Materials Authorization (RMA). RMA requests must include the reason for return, product and quantity to be returned, and the purchase order number or invoice number. RMA numbers must be clearly marked on all returned shipments. RMA’s expire thirty (30) days after date of issuance.

REFUSED OR REJECTED SHIPMENTS: Shipments that are refused, rejected or abandoned by the consignee or Buyer at destination will be returned to the shipper. Return freight charges and fees will be the responsibility of the consignee or Buyer. These fees, including outbound shipping charges, will be deducted from the available product refund and credited to the original form of payment within 1-2 weeks of receipt of return.


INDEMNIFICATION:Buyer agree to indemnify, defend, and hold harmless ACP Composites Inc. and its owners, employees and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violations of these terms and conditions or any activity related to Buyer’s account (including negligent or wrongful conduct) by Buyer or any other person accessing the site using their internet account.

WARRANTY DISCLAIMER AND LIMITATION LIABILITY: ACP sells goods that have been packaged or repackaged by ACP using an ACP label, or is within original manufacturer packaging. The site as well as the materials and products on this site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, ACP disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. ACP does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or server that makes the site available are free of viruses or other harmful components. ACP does not make any warranties or representations regarding the use of the material in this site in terms of their correctness accuracy, adequacy, usefulness, timeliness, and reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply.

Seller cannot anticipate all conditions under which Seller’s products may be used. Seller accepts no responsibility for results obtained by the application of Seller’s products or the safety and suitability of Seller’s products.

Buyers are advised to make their own test to determine the safety and suitability of each such product for their own purposes. Unless otherwise agreed in writing, Seller delivers the products without warranty on any nature, stated or implied, and Buyers and users assume all responsibility and liability for the loss or damage arising from the handling and use of said products. Purchaser waives any claim against Seller for direct, indirect, consequential or exemplary damages against Seller, including without limitation, damage which may incur as a result of Buyer’s use or misuse of the product or the products failure to conform to any specifications.

In the case of a custom product, Buyer assumes responsibility for the design and Seller’s sole responsibility is to manufacture the product according to the design and specifications approved by the Buyer and it is agreed that, to the fullest extent permitted by law, the Buyer shall indemnify, hold harmless and defend Seller from and against any and all claims, demands, suits or causes of action for any liability whatsoever that arises out of defects, latent or otherwise, from the design and use of the product.

While defective products will be replaced without charge if promptly returned, no liability is assumed beyond such replacement. Seller’s obligations under this limited warranty are limited to repairing or replacing any defective product sold by Seller. Seller shall have no obligation under this limited warranty unless such product is promptly returned to Seller, transportation charges prepaid by Buyer, providing that Buyer has a preauthorized return number (RMA) from Seller prior to return, and examination of such product shall disclose to Seller’s reasonable satisfaction that such product is defective, in which event Seller shall repair or replace the defective product within a reasonable time after such return of the product to Seller. The Buyer shall bear the cost of reshipment of the product to Buyer if Seller determines the product is beyond the warranty period or otherwise not entitled to the benefits of this limited warranty. The provisions of this limited warranty shall not apply to any product sold by Seller which has been subject to misuse, negligence, alteration, conversion, accident or improper installation, application or storage.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS SOLD BY SELLER AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES