TERMS: F.O.B. shipping point. Payment 30 days net unless otherwise specified be Seller.
QUOTATIONS: Clerical errors subject to correction. Until Seller accepts an order, quoted prices are subject to change without notice. All quotations unless otherwise stated are for immediate acceptance. Unless called for by customer’s specifications, prices quoted do not include burring. All order and contracts subject to acceptance at Seller’s home office.
CREDIT: All sales are subject to the approval of the Seller’s credit department. Seller may suspend performance, or require cash payment of adequate security when, in Seller’s sole judgement, Purchaser’s financial conditions or other reasonable grounds for insecurity on the part of the Seller warrant such action. A finance charge equal to the highest amount allowed by law shall be added to the amount due on all invoices which are not timely paid.
CANCELLATION / TERMINATION: Purchaser may terminate the agreement only upon submitting to Seller a written request for termination, such request must be considered by Seller. Any such cancellation request shall be subject to Seller’s cancellation charges and reimbursement by Purchaser to Seller of any costs incurred by Seller pursuant to the performance of the agreement. All cancellation charges to be determined at the time of cancellation o deferment.
QUANTITIES: All quotations are based on Buyer accepting over-runs or under-runs. Each individual item not to exceed 10% of quantities ordered. When closer control of quantity is required special arrangements must be made.
DELIVERIES: Every effort will be made to fill orders within the time promised. The Seller assumes no liability for loss or damage of consequential damages due to any delays in delivery. Unless specifically stated to the contrary, quotations are made and orders are accepted for delivery as fast as manufactured by partial shipment packed in bulk.
SHIPMENT: In ordering, the Buyer should state explicitly the method of shipment preferred and in the absence of shipping directions the Seller will use discretion, forwarding by UPS or parcel post when packages are small and therefore liable to be lost in transit by motor freight. All shipments will be insured at Buyer’s expense unless otherwise specified.
CLAIMS / LIABILITY: No claim for damage, defects, shortages, or otherwise shall be valid unless made in writing and delivered to us within (30) days of delivery of goods to you. In the event any of the goods hereunder are defective, Seller shall be allowed to inspect such goods or upon request be furnished a sample of goods. Seller is only liable to repair, replace, credit or repay the Purchaser (at Seller’s option) for any such defective goods. In no event shall our responsibility (Seller) to you (Purchaser) for damages exceed the purchase price of our manufacture goods involved. Seller shall have no liability, whether in contract or tort (including but not limited to negligence and strict liability) for any injury, loss, damage, direct or consequential (as defined in UCC2-715) or otherwise arising out of the sale of the goods hereunder or arising out of the use of the goods. Purchaser released Seller from and all liability for negligence with respect to any activity engaged in by the Seller with respect to the goods sold hereunder and from all liability imposed on Seller under Section 402A of the Restatements of Torts or any similar theory. Purchaser acknowledges that it has determined that the goods purchased hereunder will suitably meet the requirements for their intended us. No goods shall be returned to Seller without prior written approval.
SPECIAL ORDERS: Orders for goods that we do not regularly stock may not be cancelled for any reason after we have purchased the raw material.
INSPECTION: Inspection by the Seller is made on a percentage basis only. If 100% inspection is required it is at the Buyer’s expense, and only such parts proved not as ordered by Buyer’s inspection may be returned with a claim for repair, credit or replacement. DIES, TOOLS: The screw machine products industry considers tools, dies, jigs, fixtures, gages, and their engineering and design, an integral part of its manufacturing processes. Therefore, separate quotation to or payment by the Buyer for these items, supplied by the Seller, conveys neither ownership nor the right of removal from the Seller’s factory.
PATENTS: It is not the intention of the Seller to manufacture any product that is an infringement of a patented article. The Seller makes parts strictly to dimensional specifications furnished by the Buyer. It is agreed that the buyer will defend and save harmless the Seller from any and all expense involved in any claims for damages from infringements of letters patent by the use or sale of parts made by the Seller, either as such of as parts or units of complete entities
TAXES AND EXTRAS: Any tax imposed by any present or future law of federal, state or municipal authority on the manufacture or sale of the articles purchased hereunder, and required to be paid by the Seller, shall be added to the amount to be paid by the Buyer.
GOVERNING TERM – THE ABOVE TERMS AND CONDITIONS SHALL GOVERN THIS SALE TRANSACTION AND SHALL SUPERCEDE ANY INCONSISTENT TERMS CONTAINED IN YOUR PURCHASE ORDER, IF ANY.