Terms & Conditions

For the purposes of these Terms and Conditions, 'Accelerated' refers to Accelerated Plastics LLC, a Wisconsin corporation, or any of its affiliated entity identified in any quotation, purchase order, agreement, or related documentation.

The purchaser (referred to herein as the "Customer"), as identified in the Accelerated's Quotation or in the related Purchase Order, is interested in purchasing the products ("Products") and/or services ("Services") from Accelerated to the extent described in the Customer's Purchase Order or Accelerated's Quote, as applicable. These Terms and Conditions are an integral part of Accelerated's Quote and shall be deemed incorporated into Customer's Purchase Order whether or not specifically referenced therein.

Customer's acceptance of Accelerated's Quote and/or Accelerated's acceptance of Customer's Purchase Order are limited to acceptance of the express terms and conditions contained herein. Once accepted, Accelerated's Quote or Customer's Purchase Order, as the case may be, together with these Terms and Conditions, and any supplementary written information incorporated by reference herein, shall be the complete and exclusive statement of the parties' agreement and supersedes any prior discussions, negotiations, agreements, and understandings.

Any modifications proposed by Customer are not part of the parties' agreement in the absence of Accelerated's written acceptance thereof in a separate writing. Any terms or provisions in the Customer's Purchase Order which are in any way inconsistent with the Quote or those contained herein shall be null and void and the Terms and Conditions herein and those set forth in the Quote shall control.

Amounts stated are exclusive of any taxes, freight, duty, and custom's charges. All payments must be made in U.S. Dollars. The purchase price for the Products and/or Services shall be paid in accordance with the terms set forth in the Quotation. In the absence of such terms, the payment terms for Products shall be thirty (30) days from invoice date or sooner, and for Tooling and NRE, 50% down payment with final 50% payment due upon delivery of FOT.

Accelerated reserves the right to change these terms or to require full payment or partial payment in advance. All sales are subject to the approval of Accelerated's management. Pricing may be changed at any time to reflect current market conditions.

All orders that have been accepted by Accelerated are considered final and binding and may not be cancelled, altered or terminated by Customer except upon terms and conditions acceptable to Accelerated, in its sole discretion. Any deposit or advance payment made by Customer in connection with a cancelled purchase order may be applied by Accelerated to its contractual damages resulting from such cancellation.

All Products that are the subject of a cancelled purchase order shall remain the sole and exclusive property of Accelerated. Customer will be responsible for payment of all material Accelerated purchases based on customer's firm PO release related to cancellation.

Delivery shall be EXW (per Incoterms 2020) Accelerated's facility, and all title and risk of loss shall be transferred to Customer when Products are moved to the carrier or forwarder approved by Customer. Accelerated shall not be liable to Customer for any loss or damage as a result of its failure to deliver timely.

Customer may not cancel, suspend or reschedule production or delivery of any Products ordered pursuant to the quotation without Accelerated's prior written consent, which may be withheld in its sole discretion. Accelerated may, however, suspend performance at any time Accelerated reasonably believes that Customer may default on any of its material obligations and Customer fails promptly to furnish to Accelerated upon request adequate assurances of performance.

The Parties represent and warrant to one another as follows:

This warranty shall extend for six (6) months from date of delivery to the original Customer, and shall apply only to those Products and Services which upon Accelerated's examination discloses to its satisfaction that the Product or Service in question was in fact defective.

Customer will be deemed to have accepted Product unless, within thirty (30) days following Accelerated's delivery thereof, Customer provides a detailed written notice setting forth the manner in which such Product fails to conform to Specifications.

Customer grants Accelerated a license to use its intellectual property to the extent necessary for Accelerated to perform hereunder. Except as expressly otherwise provided herein each party retains all right, title and interest in and to its intellectual property.

Customer will indemnify, defend and hold Accelerated and its employees, affiliates, successors and assigns harmless from and against all claims, damages, losses, costs and expenses, including attorneys' fees.

Neither party shall be liable for any delay or failure to perform its obligations hereunder due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, natural disasters, government actions, labor disputes, or other similar events.

These Terms and Conditions and any action related hereto shall be governed, controlled, interpreted, and defined by and under the laws of the State of Wisconsin, USA, without regard to the conflict of laws provisions thereof.