1. Definitions

  • “Triad” refers to Triad Electronic Technologies, an Arizona-based electronics manufacturing services (EMS) provider.
  • “Customer” refers to the entity or individual contracting Triad’s services.
  • “Services” refers to the electronics manufacturing services provided by Triad, including but not limited to printed circuit board (PCB) assembly, testing, prototyping, box build, and related services.
  • “Deliverables” refers to the finished products, assemblies, or components resulting from the Services.
  • “Specifications” refers to the Customer-provided documentation detailing the requirements for the Deliverables, including drawings, schematics, bills of materials (BOMs), assembly instructions, and any other relevant technical documentation.

2. Acceptance of Orders

Triad’s acceptance of a Customer’s order is expressly limited to these Terms and Conditions. Any additional or different terms proposed by the Customer are hereby rejected.

3. Pricing and Payment

  • Prices for Services are as quoted by Triad and are valid for 30 days from the date of quotation, unless otherwise stated.
  • Payment terms are net 30 days from the date of invoice, unless otherwise agreed in writing.
  • Late payments are subject to a late payment fee of 1.5% per month or the maximum rate allowed by law, whichever is lower.
  • Triad reserves the right to suspend or terminate Services for non-payment.

4. Delivery and Acceptance

  • Delivery dates are estimates and not guaranteed. Triad shall not be liable for any delay or failure to deliver caused by circumstances beyond its reasonable control, including but not limited to component shortages, supplier delays, or force majeure events.
  • The Customer shall inspect the Deliverables upon receipt and notify Triad of any non-conformities within 10 business days. Failure to do so constitutes acceptance.

5. Warranty

  • Triad warrants that the Services will be performed in a professional and workmanlike manner and that the Deliverables will conform to the Specifications and be free from defects in materials and workmanship for 60 days from the date of delivery.
  • This warranty is limited to the repair or replacement of non-conforming Deliverables, at Triad’s sole discretion.
  • This warranty does not cover defects caused by misuse, abuse, neglect, alteration, unauthorized repair, or failure to follow Triad’s instructions.

6. Limitation of Liability

  • Triad’s liability for any claim arising out of or related to these Terms and Conditions, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Customer for the Services giving rise to the claim.
  • Triad shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or business interruption.

7. Intellectual Property

  • The Customer retains ownership of all Intellectual Property rights in the Specifications.
  • Triad shall not use the Specifications for any purpose other than providing the Services.
  • Triad may use generic process knowledge gained during the provision of Services for other customers, provided that it does not disclose any confidential information of the Customer.

8. Confidentiality

  • Triad shall keep confidential any information disclosed by the Customer that is designated as confidential or that, by its nature, should reasonably be considered confidential. This obligation shall survive termination of this agreement.

9. Termination

  • Either party may terminate this agreement for cause upon written notice if the other party materially breaches these Terms and Conditions and fails to cure the breach within 30 days of notice.
  • Upon termination, the Customer shall pay for all Services rendered up to the date of termination.

10. Compliance with Industry Standards

  • Triad shall perform the Services in accordance with industry best practices and relevant standards, including IPC-A-610 Class 2 (or as specified by the Customer) for Acceptability of Electronic Assemblies.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms and Conditions shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

13. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede any prior or contemporaneous communications or agreements, whether oral or written.

14. Modification

These Terms and Conditions may only be modified by a written agreement signed by both parties.

By placing an order with Triad, the Customer acknowledges that it has read, understood, and agreed to these Terms and Conditions.