Terms and Conditions

The use of this site is governed by the TERMS AND CONDITIONS of the AGREEMENT OF SALE set forth below. Please read them very carefully. Your use of this site indicates your acceptance of these terms and conditions. acmemicro.com is DBA Acme Micro Systems Inc. Acme reserves the right, at its sole discretion, to change, add or remove portions of this agreement and this site at any time without prior notice. It is your responsibility to check this Terms of Use each time before using the site. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes; you agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms and Conditions Agreement.

Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Acme reserves the right at any time after receipt of your order to accept or decline your order for any reason. Acme also reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2,000.00 (U.S.) must obtain approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting an order.

Pricing and Availability Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability and price stability, we reserve the right to withdraw any product we advertise and change prices without notice. Listings on this website are not an offer to sell goods; rather, they are advertisements to receive offers. The price is for online purchases only.

We may offer a 2% discount for purchase payment by cash.

Typographical Errors
The information shown at this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein. Any technical assistance or advice offered on this website in regard to use of the products, setup, configuration, and compatibility is given as an accommodation to customers. Acme will not be held liable for the content or the customer's use of such technical assistance or advice, nor will any statement made by any sales representative in connection with the products or services constitute a representation or warranty, express or implied. Acme offers a wide selection of server components and great flexibility in build-to-order server products. You determine, at your sole discretion, product and component selection. We are not responsible for any incompatibility issues. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information received from our suppliers, Acme has the right to refuse or cancel any orders placed for products listed at the incorrect price. Acme has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Acme will immediately issue credit to your credit card account in the amount of the charge.

Acme warrants that the products we sell are free from defects in material and workmanship and, subject to the conditions set forth herein, agree to repair or replace products in accordance with the manufacturer's warranties from the date of the original retail purchase without charge for parts and labor.

Every third party product you buy from acmemicro.com is backed first by the product manufacturer's warranty. This warranty is limited to the original purchaser and is not transferable to anyone else. Acme's limited two-day warranty against defects also applies within two calendar days from the date the product was delivered and is a defective exchange policy that provides for either repair or replacement (at our sole discretion) of merchandise that has been confirmed as defective by either the manufacturer or Acme.

Due to licensing and copyright laws, we do not accept returns or exchanges on any software products. Terms and conditions may vary by product or manufacturer. Acme will assist customers whenever possible in gaining satisfaction from product manufacturers. For assistance in exchanging a defective product, please contact our RMA department.

Acme offers a one-year reseller warranty for most products we sell – parts and labor . Customers can do RMA via Acme or by themselves. If customers want to do RMA via Acme, customers must go through Acme’s RMA department to get exchange or return services. However, it is recommended for customers to contact manufacturers who provide RMA for end users to get faster service.

Warranties do not apply to any failure or defect caused during shipping or by misuse, mishandling, abnormal or unusually heavy use, neglect, abuse, alteration, improper installation or maintenance, unauthorized repair or modification, improper resting, or external accidents of the product, such as, but not limited to, excessive heat or humidity, power failure, power surges, or acts of god/nature. All Acme warranties will be void if the serial number and/or date code on the product is broken or removed. Acme provides no guarantee, expressed or implied, that all goods are delivered free from any infringement claims of any third party.

FOB and Risk of Loss
All shipments covered by this acceptance are FOB (free on board) Acme's facility. Acme's liability for delivery terminates upon delivery to the carrier; at that time, the buyer assumes all responsibility for damage to or loss of products.

Shipping and Cancellation Policy
We generally do not ship to PO Boxes, APO/AFO and places outside the United States. Please contact our sales department for more shipping information. We do not ship to third party addresses unless that address is known and can be verified by the credit card issuing bank. We are not responsible for any goods damaged during the time of transit. Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. Acme will make every effort to deliver on time. However, we will not be held liable for delays or lost shipments. The applicable state tax will be added to the purchase. All hard copies of purchase orders must be received and verified before shipping. Provided all purchased items on the order are in stock, orders placed before 12:00pm PST will usually be shipped the same day. Orders placed after 12:00pm PST or on weekends and holidays will usually be shipped the next business day. If our stock becomes depleted during the course of processing the order, the shipping will be delayed. Please email or call our sales department with your order number to track your shipment.
Any attempt to cancel an order must be made within two hours after the order is placed. Cancellations attempted after the two-hour limitation may result in the customer paying both the shipping and handling charges on the package and the cost of shipping the package back. Cancellations may be communicated by telephone, email or fax on weekdays; by email or fax on Saturdays, Sundays and holidays.

Return, Repair, Exchange and Credit Policy

Due to the manufacturer’s return policy, products from Supermicro, Adaptec, Tyan, and Mellanox can NOT be returned. There are no refunds on shipping fee, labor fees, sealed package products that have been opened and software regardless of whether it has been opened or not. All returned goods must be factory sealed.

If the item(s) received is not what the customer ordered, please do not open the sealed package. Any attempt to use the incorrect item will be considered acceptance by the customer of the item(s) as a satisfactory substitute for the one(s) that was ordered, and no further claim can be raised thereafter.

Based on Acme’s policy, we will accept the returned products within seven days from the invoice date (with a restocking fee of 25% of invoice price). If it is after seven days, then the customer needs to go through the RMA process (an RMA number is necessary) to repair or replace the product.

When approved items are received and checked in at our warehouse, we issue store credit to the customer equal to the amount the customer paid minus $10 or the restocking fee of 25% of the invoice price, whichever is higher, to be used for future purchases at Acme; A store credit memo will be issued by email or fax at the customer’s request.

Past Due Payment Policy
10% APR for past due account balance

Limitation of Liability
In no event shall Acme or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages, including but not limited to: loss of use, loss of data, and loss of business or profits.

Applicable Law
All sales, transactions, and/or disputes between Acme and the buyer shall be governed by and construed in accordance with laws of the state of California, U.S.A.

Export Regulation
The commodities listed herein may be subject to U.S. export control laws and regulations, including, without limitation, the Export Administration Regulations. Any export, re-export, or transfer of these commodities must be conducted in compliance with such applicable laws and regulations.