TERMS AND CONDITIONS / LIMITATIONS OF LIABILITY
Once the specifications and a quotation have been agreed we require a non-refundable deposit of at 30%, this is to cover the initial costs and materials of the build including administration and the time involved in building your quotation. Sending the deposit constitutes an agreement to these terms and conditions and to the specifications finalized up to the date of the transfer. Acacia Guitars reserves the right to cancel an order at any stage prior to actually beginning construction of the project if the luthier believes that the project has developed into something he is not able or willing to build, of course if we cancel a build then the deposit will be refunded to the client.
The build process and timetable
During the consultation process we will try as far as possible to estimate a date to start the instrument build and also a projected completion date, this has to stay an estimate though. Every single guitar or bass we build is entirely unique and it is incredibly difficult to be accurate when considering the complexities involved.
During the build we photograph the process and publish these through various social media sites, we strongly advise our customers to follow these photos as closely as possible; this is one way in which we guarantee perfection. We welcome any comments throughout the build and the smallest change can make a great instrument into the perfect instrument for you. Once the specifications of a custom build have been finalized and work on the actual instrument has commenced there will be a 15% surcharge plus material and time costs on any substantial changes to those specifications, I,e any changes which mean a change in the machining required, woodwork or changes to hardware or pickups. We don’t like having to do this but in the past instruments have gone so far off track that the original specs were unrecognizable and we ended up making a loss on the projects, this also has a direct impact on the build schedule on guitars behind yours in the list. Any changes to the build process have to be confirmed in email.
Once the instrument is complete we will let you know that it is ready for delivery and that the balance is due. Sending the balance, plus shipping costs, signifies that you have seen the photographs through the various social feeds, emails, texts and that you agree there are no cosmetic issues with the build and that it was built to meet your specifications. Once the balance and shipping charges have cleared into our account we will arrange the shipping/delivery of your custom guitar or bass, liaising to find the best method and date of delivery. All Acacia Guitars instruments are covered by the Limited Warranty as detailed below. If full payment of the balance owing is not paid within 3 months of notification of completion then the instrument will be sold to cover costs and the client will lose all rights to it.
One Year Original Owner Warranty
1) Warranty Terms and Conditions. ACACIA GUITARS warrants solely to the original purchaser of this ACACIA GUITARS musical instrument that the instrument purchased shall be free from defects in materials and workmanship under normal use for as long as the instrument is owned by the original purchaser, and until the ownership of the instrument is transferred to another (unless otherwise noted by ACACIA GUITARS). This Limited Warranty does not apply: (a) to wear or breakage of frets or strings, or other normal wear and tear of the instrument or its parts; (b) to asserted defects caused by modification, misuse or abuse or improper maintenance of the instrument; (c) to asserted defects involving subjective personal likes or judgments; (d) to asserted defects caused by accident or exposure to extremes of temperature or humidity which cause harm to the instrument; (e) to defects asserted by any purchaser who did not purchase the instrument from an authorized Acacia Guitars dealer or Direct,.
2) Limitation on Obligations. The obligations of ACACIA GUITARS hereunder are limited to repair or replacement of parts of the instrument found to be defective under this Limited Warranty. In no event shall ACACIA GUITARS be liable for any indirect, incidental or consequential damages, including but not limited to time, wages or lost profits, of any nature or kind or for damages to or loss of property.
3) No Other Warranties. The Limited Warranty set forth herein constitutes the entire warranty and representation Acacia Guitars. This Limited Warranty shall be controlling over any conflicting terms and conditions of any purchase orders, contracts or invoices which may be executed in connection with the purchase of the ACACIA GUITARS musical instrument. NO representation or warranty made by any ACACIA GUITARS salesperson, dealer, agent, representative or employee shall be binding upon ACACIA GUITARS other than as set forth herein.
The really, really boring stuff..
Acacia Guitars does not accept responsibilities beyond those set forth here, including any liability for products not being available for use, or for the provision of services and support. Acacia Guitars shall not be liable for loss of profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services, Acacia Guitars is not liable or responsible for any amount of damages above the amount paid by the customer for the purchase of products or services. Under no circumstances, including, but not limited to, negligence, shall Acacia Guitars be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of profit arising out of the use, or the inability to use, the materials on this site, even if Acacia Guitars has been advised of the possibility of such damages. If your use of the materials or information on this site results in the need for servicing or repair, Acacia Guitars shall not be liable for any costs incurred. Acacia Guitars continually upgrades, improves, and revises its products and services to provide customers with new products and services. Acacia Guitars may revise or discontinue products at any time without prior notice to customers. Natural oil and finishes with stains are liable to fading during the first year and stains on lacquered instruments will fade through exposure to natural light. Acacia Guitars will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. * “All shipping costs” refers to both the shipping and handling costs from us to the customer, as well as the cost of returning the item by the customer to us. These terms are subject to change without notice.