TERMS AND CONDITIONS
This writing constitutes an offer by Plastics Design and Manufacturing (“Seller”) to sell products or services described herein. Acceptance of this offer is limited to the terms and conditions hereof.
- ACCEPTANCE AND GOVERNING PROVISIONS.
These terms and conditions shall supersede any provisions, terms and conditions contained in any quotation, order, confirmation, acknowledgement or other writing the “Buyer may give or receive; and the rights of the parties shall be governed exclusively by the provision,terms and conditions hereof.
Buyer shall indemnify and hold harmless the Seller, it officers, agents, successors, and assigns against all liability of loss arising out of the incident to the actual or alleged infringement of any United states patents.
Risk of loss or damage in transit passes to Buyer upon delivery of carrier, F.O.B. Seller’s plant; and Buyer shall bear all costs of freight and insurance in connection with delivery. At its option, however, Seller may prepay freight and insurance charges and bill such charges separately or as part of the invoice for goods or services sold hereunder.
No order may be cancelled without prior written consent of Seller.
- WARRANTY AND RETURNS
Seller warrants the material sold hereunder to conform under its drawing and specifications therefore. Seller’s sole obligation hereunder shall be strictly limited to, at Seller’s option, replacing, free of charge, F.O.B. its plant or refunding the purchase price of any material mutually agreed to be defective, provided such material is reported in writing within 45 days of date of shipment and seller is given the opportunity to inspect such material. No material shall be returned without prior written consent of seller. Seller shall not be liable for any incidental or consequential damages, losses or expenses for breach of warranty or negligence. Buyer shall indemnify Seller against any and all losses, damages and expenses (including attorney’s fees and the costs of defending any action) which Seller may incur as a result of any claim, by Buyer or others, based on product defects not proven to have been caused by Seller’s negligence, or based upon infringement of patents owned by others, arising out of or in connection with Seller’s manufacture or sale of goods hereunder. Seller makes no other warranty, express or implied, written or oral, including hat of merchantability or fitness for any particular purpose.
Seller shall not be liable for failure to deliver or delays in delivery occasioned by strikes, lockouts, fires, inability to obtain materials or shipping space, breakdowns, delays of carriers or suppliers, governmental acts and regulations, and other causes beyond the Seller’s control. Under any such circumstances Seller shall have an additional time to perform as may be reasonably necessary. Seller shall not be liable in any event for any
incidental or consequential damages for failure or delay in performance or delivery due to any cause whatsoever.
Sales, use, excise, property or similar taxes arising out of or relating to this order or the goods delivered hereunder are not included in the price. All such taxes are the responsibility of the Buyer. The Seller shall have the right at any time to separately bill the Buyer for any present or future tax which the Seller may be called upon to pay.
- FLSA COMPLIANCE
Seller certifies that the goods covered hereby were produced in compliance with all applicable requirements of Sections 6, 7, and 12, of the Fair Labor Standards Act, as amended; and of regulations and order of the United States Department of Labor issued under Section 14 hereof.
Tooling ordered by the Buyer shall remain property of the Buyer and shall be properly identified and stored by the Seller. Normal maintenance to tooling such as sharpening or adjusting shall be done at Seller’s expense. Design changes which necessitate modification or replacement of existing tooling shall be done at the Buyer’s expense. Any tooling requiring replacement due to ordinary wear and tear shall be rebuilt at the
Buyer’s expense with the mutual agreement of Buyer and Seller. Seller shall not be liable for any loss or damage to any tools, patterns, or other equipment in their care, custom, or control.
- STENOGRAPHIC ERRORS
Seller reserves the right to correct any stenographic errors, whenever they may occur
- TERMS OR CREDIT
Payment of all invoices within 30 days of receipt of goods. In the event that payment is not made in this time period, a 2% per month service charge will be added to any unpaid balance.
- CREDIT CARD TERMS
Payments by either Visa or Mastercard are subject to a 5% processing fee on total invoice amount.