§ 1. GENERAL PROVISIONS
1. These REGULATIONS define the general principles of the implementation of orders of the service of electronics assembly, according to which the person ordering the services, hereinafter referred to as the “CUSTOMER” will present the orders of the electronics assembly, hereinafter referred to as the “ORDERS”, and AssemTec Europe sp. z o.o., hereinafter referred to as ASSEMTEC will perform these orders, executing electrical devices or components, hereinafter referred to as the PRODUCTS/GOODS.
3. QUESTIONS ABOUT THE SERVICE PRICING should include:
A/ The information specifying:
• the size of the order.
• the scope of the order:
- designing/ assembly/ application of protective coatings/ programming/ testing/ packaging;
- electronic components supplied by the CUSTOMER or by ASSEMTEC;
- PCB supplied by the CUSTOMER or by ASSEMTEC.
• type of assembly: SMD/SMT / THT / mixed assembly (SMD/SMT and THT).
B/ a full list of electronic components for assembly.
The ORDERS presented by the CUSTOMER must additionally include the complete PRODUCTION DOCUMENTATION / technological files. The way of preparing the PRODUCTION DOCUMENTATION preferred by ASSEMTEC has been accurately characterised in the article KNOWLEDGE BASE.
The ORDER should also provide:
– the CUSTOMER’S data necessary to issue an invoice (name, NIP, contact information) and the information about the shipping method (post/courier) and the address, to which the invoice should be sent;
– information on the planned method of receipt from ASSEMTEC of the finished PRODUCT, constituting the implementation of the ORDER (personal receipt by the CUSTOMER or a person authorised by him/sending the PRODUCT by ASSEMTEC to the indicated address via mail or courier).
4. The products manufactured by ASSEMTEC as a standard are made in the lead-free technology, and the electronic components used are adapted to work in the basic temperature range (i.e. 0 - 50°C). If the CUSTOMER has different requirements, he should also include this in the QUESTIONS ABOUT THE PRICING OF THE SERVICE and in the ORDERS.
5. The AGREEMENT OF THE ORDER IMPLEMENTATION is concluded upon the CONFIRMATION by ASSEMTEC that the ORDER placed by the Customer has been accepted. In the event of discrepancies between the ORDER and the CONFIRMATION, the content of the CONFIRMATION is binding, which determines the order as agreed by the Parties.
6. ASSEMTEC will implement the ORDER according to the PRODUCTION DOCUMENTATION provided by the CUSTOMER. The assembly of components will take place according to standard IPC-A-610D PL class II.
§ 2. SUPPLYING THE ELECTRONIC COMPONENTS
1. The implementation of the ORDER takes place using the electronic components supplied by the CUSTOMER or purchased by ASSEMTEC. It is also possible to perform the ORDER using the components partially conferred by the CUSTOMER and partially completed by ASSEMTEC.
2. In the event of execution of the ORDER using the electronic components supplied by the CUSTOMER, these elements should be transferred in their original packaging and in the number taking into account the so-called technological supply:
- in the case of components supplied in tapes, the technological supply should amount to 2%. Moreover, these tapes should have a tape leader with the length of at least 30 cm;
- in the case of components supplied in sticks, the technological supply should amount to 1,5%;
- in the case of components supplied in trays, the technological supply should amount to 0,5%.
3. In the case of the purchase of electronic components by ASSEMTEC, these components will be purchased only in packages, tailored optimally due to the costs to the order’s size, and at the same time taking into account the technological supply indicated in § 3.2.
4. The pricing of the electronic components, developed by ASSEMTEC, used in the implementation of the ORDER must be presented to the CUSTOMER for approval. In the absence of this type of approval, the obligation to deliver the indicated components rests on the CUSTOMER.
5. ASSEMTEC may withdraw from the execution of the order in the case when the CUSTOMER delivers the components older than one year or inconsistent with the MSL level given by the manufacturer.
§ 3. ISSUING AND ACCEPTING ORDERS
1. ASSEMTEC reserves the right to accept ORDERS issued only by people, who have the written authorisation to issue them.
2. The production ORDERS will be provided by ASSEMTEC electronically (in a manner specified in §1.2) on weekdays to 4pm. The orders sent after 4pm or on non-working days are deemed as issued on the next working day.
3. The ORDER is deemed as accepted by ASSEMTEC for the implementation only when its acceptance is certified by the order CONFIRMATION. ASSEMTEC obliges to provide information whether the ORDER is accepted or not no later than within 15 working days from its receipt. This information will be transferred electronically to the CUSTOMER’S e-mail address.
4. The date, manner and place of delivery of the electronic components for the assembly should be agreed with the representative of the ASSEMTEC company.
5. Due to changes in exchange rates and prices of electronic components, the offer of the comprehensive assembly is valid only for 14 days.
6. In the event when /a/ the errors in documentation, /b/ occurance of significant differences in relation to the documentation previously submitted for valuation, /c/ incomplete or defective assembling of electronic components or the /d/ supply of these components without the so-called tape leaders or the appropriate arrangement on the trays and reels prevent the efficient realization of the ORDER, the CUSTOMER is obliged to cover the costs resulting from additional activities, needed to implement the ORDER.
§ 4. DEADLINE OF THE ORDER IMPLEMENTATION
1. In the event when the assembly service is performed using the electronic components provided by the CUSTOMER, the deadline of the ORDER implementation is typically up to 10 working days. Depending on the size of the order, there is a possibility to reduce the term to implement the ORDER to 4-5 working days for a fee increased by 50% or even during 2-3 working days for a fee increased by 100% in relation to the prices estimated taking into account the standard term.
2. In the case of larger orders (over 1000 pieces) and when the orders also include the delivery by ASSEMTEC of the printed circuit boards and/or electronic components, the deadline of the order implementation may be extended. The implementation of this type of ORDERS is possible in a reduced time for the individually determined fee.
§ 5. RECEIPT OF THE PRODUCTS
1. The place of receipt of the GOODS made by ASSEMTEC is the company’s office in Zielona Góra at ul. Kożuchowska 20C/l.1.8.
2. The CUSTOMER is obliged to collect the GOODS within 3 working days from the moment of being informed by ASSEMTEC about the completion of the ORDER implementation. If this deadline exceed this date, ASSEMTEC has the right to send, At the CUSTOMER’S cost and responsibility, the part of the order reported for receipt.
3. The collection of the GOODS should be confirmed by the CUSTOMER in the ACCEPTANCE PROTOCOL.
§ 6. PACKAGING AND SENDING GOODS
1. The GOODS are typically secured with a stretch foil, bubble wrap and placed in cardboard boxes. For an additional fee, they can be furthermore secured with ESD bags.
2. ASSEMTEC sends the GOODS through a courier company at the recipient’s expense. For larger ORDERS, ASSEMTEC provides a free delivery.
§ 7. COMPLAINTS
1. Upon receipt of the GOODS, the CUSTOMER is obliged to check their number and quality of execution, before these PRODUCTS will be ultimately used or resold.
2. All reservations about the quality of the GOODS made by ASSEMTEC or their compliance with the ORDER, should be reported via e-mail within 7 days from the receipt. The application should include a detailed description of reservations regarding the received PRODUCT. All activities related to the complaint procedure should be made in consultation with the ASSEMTEC employees.
3. Upon receipt of the shipment damaged during transport, it is necessary to open it in the presence of the courier and draw up a protocol defining and size and nature of the damage. The protocol confirmed in writing by the courier is the basis of the complaint.
§ 8. TERMS OF PAYMENT
1. Prices of the ASSEMTEC services are net prices, plus a VAT tax, in accordance with the current rates. The valuation of these services does not include shipping costs.
2. In case of CUSTOMERS from abroad, who are VAT-UE tax payers, the VAT rate amounts to 0%. In this case, the CUSTOMERS should provide their European number of tax records.
3. ASSEMTEC provides its prices in PLN, however, at the CUSTOMERS’ request they can be calculated in a different currency.
4. Payment for the provision of services of the electronic assembly shall be made on the basis of a VAT invoice to the bank account of ASSEMTEC indicated in the invoice and in the date specified in this invoice. The cash payment is also accepted (confirmed by ASSEMTEC in the acceptance protocol).
5. The basis for issuing the VAT invoice for the implementation of the ORDER is the receipt of PRODUCTS signed by the CUSTOMER, e.g., the acceptance protocol, the delivery note or the forwarding letter.
6. Payments for the performance of service of electronic assembly will be made based on the VAT invoice to the bank account of ASSEMTEC indicated in the invoice and in the date specified in the invoice.
7. The CUSTOMER declares that he authorises ASSEMTEC to issue VAT invoices without the CUSTOMER’S signature, as well as to issue electronic invoices (e-invoices).
8. In the event that the implementation of ORDERS requires incurring the initial costs (e.g. purchase of electronic components or printed circuits), ASSEMTEC gets a down payment in the amount of 50-100% of the purchase price. The remaining amount due is paid within 7-14 days from the purchase.
9. ASSEMTEC takes a pre-payment from new CUSTOMERS in the amount of 50-100% the value of the entire ORDER.
10. In case when the CUSTOMER cancels the order, for the implementation of which ASSEMTEC has incurred specific costs and/or in the implementation of which he has invested a certain amount of work, the CUSTOMER is obliged to immediately cover these expenses and working costs. In the event of the CUSTOMER’S pre-payment, this pre-payment will be used to cover the indicated costs and expenses.
11. In the event of untimely payment of the due amounts by the CUSTOMER, ASSEMTEC reserves the right to charge penalty interest of 0,05% the order’s value for each day of delay. He also reserves the possibility to refuse to accept the ORDERS or to withhold the implementation of orders placed by the CUSTOMERS with arrears.
§ 9. SCOPE OF RESPONSIBILITIES
1. The warranty period of ASSEMTEC for the produced GOODS is 12 months, from the receipt date by the CUSTOMER.
2. ASSEMTEC is not liable for:
- structural defects of the PRODUCTS (if he was not the manufacturer of the projects of the assembled devices);
- defects of the PRODUCTS resulting from the use of the defective electronic components, which were supplied by the CUSTOMER;
- damages resulting from the use of PRODUCTS in a manner inconsistent with the principles of their use or incompatible with their intended purpose.
3. ASSEMTEC is not liable for:
- all types of legal defects of the PRODUCTS made for the ORDER, and in particular for legal defects related to the way the CUSTOMER came into possession of the project or resulting from his breach of other people’s intellectual property rights;
- the subsequent use of the PRODUCTS in a manner inconsistent with the law.
4. In the case of defects of these PRODUCTS, which are the result of errors in the assembly process, ASSEMTEC is obliged to repair, and when this is not possible – to replace the goods or return the amount paid, while the liability of ASSEMTEC is limited to the value of the executed delivery subject to the complaint.
5. ASSEMTEC is not liable for:
- delays in delivery of the ordered components and elements;
- delays resulting from the causes beyond his control (failure of the assembly line, failure of the power network, etc.);
- defects of PRODUCTS due to causes beyond his control (e.g. manufacturing defects of the purchased electronic components);
- delays and/or irregularities resulting from the inadequate implementation by the CUSTOMER of his obligations.
6. Each time, ASSEMTEC is obliged to immediately notify the CUSTOMER about the occurrence of circumstances, which hinder or impede the timely implementation of the ORDERS and/or in accordance with his requirements, in order to temporarily agree upon different conditions of the PRODUCT implementation.
7. The CUSTOMER is not entitled to claim damages for delay in the implementation of the ORDERS by ASSEMTEC and for damages resulting from failure to meet the delivery time. Nevertheless, ASSEMTEC is obliged to make every effort to live up to the arrangements for the dates of the ORDER implementation.
1. ASSEMTEC is obliged to maintain strict confidentiality of the received PRODUCTION DOCUMENTATION. ASSEMTEC also undertakes not to disclose this DOCUMENTATION to third parties without the prior consent of the CUSTOMER, while this obligation does not apply to the ASSEMTEC co-workers, who perform activities related to the implementation of the ORDER (e.g. performance of the SMT stencils, PCB production).
2. Both ASSEMTEC, and the CUSTOMER are obliged to maintain the confidentiality of information concerning the financial terms of the implementation of the ORDER.
3. The obligations concerning the confidentiality indicated in point 1 and 2 of this paragraph, normally relate to the period of 3 years from the adoption of the ORDER by ASSEMTEC, unless a separate agreement decides otherwise.
4. On the request of the CUSTOMER, ASSEMTEC can write down a separate confidentiality agreement.
§ 11. FINAL PROVISIONS
In the event of disputes, the parties should strive for amicable settlements, and if that proves impossible, these disputes will be resolved under the Polish law, in the court competent to the location of the headquarters of the ASSEMTEC company.