Terms & Conditions

By accessing and using the ACP Photonics website, you agree to comply with and be bound by these Terms and Conditions. All content on this site, including text, images, technical information, and product descriptions, is provided for general informational purposes only and may be updated or modified at any time without notice. ACP Photonics makes reasonable efforts to ensure accuracy but does not guarantee that the information is complete, current, or error-free. Unauthorized use, reproduction, or distribution of any materials on this website is prohibited without prior written consent.

ACP Photonics is not responsible for any direct or indirect damages resulting from the use or inability to use this website or its content. Any links to third-party websites are provided for convenience only and do not constitute endorsement. Use of this website is at your own risk, and you agree to indemnify and hold harmless ACP Photonics from any claims arising from misuse of the site or violation of these Terms and Conditions. Continued use of the website constitutes acceptance of any updates to these terms.

AC Photonics, Inc. Sales Terms and Conditions

 

Effective Date: 01/01/26

These Sales Terms and Conditions ("Agreement") govern the sale of fiber optic components and related products and services ("Goods") by AC Photonics, Inc. ("Supplier") to the purchaser ("Buyer"). By placing an order, the Buyer agrees to be bound by the following terms and conditions.

1. Definitions

• "Goods" refers to all fiber optic components, modules, optics, parts, and/or related products or services offered for sale by Supplier.
• "Buyer" refers to the entity or individual purchasing Goods from Supplier.
• "Supplier" refers to AC Photonics, Inc., a company based in the United States.

2. Orders and Acceptance

• All orders placed by the Buyer are subject to acceptance by the Supplier. Supplier reserves the right to refuse any order at its discretion.
• An order is deemed accepted only when Supplier issues a written order acknowledgment or ships the Goods.
• Any modifications to an order must be agreed to in writing by both Supplier and Buyer.

3. Pricing and Payment Terms

• Prices for Goods and Services are as specified in Supplier’s current price list or as quoted at the time of order confirmation and are subject to change without notice.
• Prices exclude applicable taxes (sales tax, VAT, etc.), shipping costs, and handling charges, unless otherwise specified.
• Payment is due according to the terms outlined in the invoice, which may include Net 30 or due upon receipt (or other specified terms). Payment can be made by check, wire transfer, credit card, or other mutually agreed methods.
• Late payments may be subject to interest charges of 1.5% per month or the maximum rate allowed by law, whichever is less.

4. Delivery and Shipping

• Delivery dates are estimates and not guaranteed. Supplier will use reasonable efforts to meet delivery schedules, but Supplier is not liable for delays caused by circumstances beyond its control, including natural disasters, supply chain disruptions, or labor disputes.
• All Goods are shipped F.O.B. (Freight on Board), or Ex Works, and the risk of loss or damage passes to Buyer upon delivery to the carrier.
• Shipping charges are the responsibility of the Buyer unless otherwise agreed in writing.
• Title to Goods passes to Buyer upon full payment.

5. Inspection and Acceptance

• Upon receipt of the Goods, Buyer must inspect them for defects, damage, or discrepancies within 7 days. Any claims for defects or damage must be reported to Supplier within this inspection period.
• Failure to notify Supplier within the specified period constitutes acceptance of the Goods as conforming to the order.

6. Returns and Cancellations

• Returns: Goods may only be returned with prior written authorization from Supplier. Authorized returns must be made within 30 days of receipt and must be in original, unopened packaging. A restocking fee of up to 15% may apply, and Buyer is responsible for return shipping.
• Custom Orders: Custom or specially configured Goods are non-returnable and non-refundable.
• Order Cancellations: Orders may be canceled prior to shipment with Supplier’s approval. A cancellation fee may apply depending on the status of the order.

 

7. Warranty

• Supplier warrants that the Goods will conform to the specifications provided by Supplier and be free from defects in material and workmanship for a period of one year from the date of delivery.
• This warranty does not cover defects resulting from misuse, improper handling, installation, alteration, or wear and tear.
• The sole remedy for a defective Good is limited to either repair, replacement, or a refund of the purchase price, at Supplier's discretion.
• No other warranties, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, are made by Supplier.

8. Limitation of Liability

• The supplier’s liability for any claim arising from or related to the Goods is limited to the purchase price of the Goods in question.
• In no event shall Supplier be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, business interruption, or loss of data.

9. Force Majeure

• Suppliers are not liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, labor strikes, civil unrest, fire, flood, government actions, or supplier failures.

10. Intellectual Property

• All intellectual property rights, including patents, trademarks, and copyrights, related to the Goods remain the property of Supplier or its licensors.
• Buyer agrees not to reverse-engineer, disassemble, or otherwise misuse Supplier’s intellectual property.

11. Confidentiality

• Buyer agrees to keep confidential any proprietary or confidential information disclosed by Supplier, including product designs, pricing, and business plans. This confidentiality obligation survives the termination of this Agreement.

 

 

12. Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
• Any disputes arising from or related to this Agreement shall be resolved through binding arbitration under the rules of the American Arbitration Association in San Fracisco, CA.

13. Severability

• If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14. Entire Agreement

• This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior discussions or agreements.
• Any amendments to this Agreement must be in writing and signed by both parties.

15. Assignment

• Buyer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Supplier.

16. Indemnification

• Buyer agrees to indemnify and hold Supplier harmless from any claims, damages, losses, or expenses arising from Buyer’s use, installation, or resale of the Goods, including but not limited to any claims of infringement of intellectual property rights.

Buyer’s Acknowledgment
By placing an order with Supplier, Buyer acknowledges that they have read, understood, and agree to be bound by these Sales Terms and Conditions.

AC Photonics, Inc.
2701 Northwestern Parkway
Santa Clara, CA 95051
Phone: 408-986-9838
Email: [email protected]
Website: https://www.acphotonics.com/