Standard terms of contract acceptance
Quotations – Stenographic and clerical errors are subject to correction. Orders/contracts are subject to acceptance at the Machining Technologies LLC corporate office. Performance of our part of the quotation is expressly conditional on the customers’ acceptance of the terms and conditions linked to the quotation. We reject any other terms and conditions.
Prices – Prices are based on our costs of raw material at the time the order is entered. Orders that are delivered over 3 months are subject to price increases due to raw material increases or surcharges placed over the life of the order. The quoted price is good for 30 days. Part production delayed by the customer more than six months from the Purchase Order acknowledgement date are subject to re-quotation based on current material and production costs (See samples clause). Price quoted is best price based on submitted requirements. Undocumented requirements not submitted and acknowledged at time of initial contract review will be charged as cost plus unless expressly waived by the President.
Cancellations – Orders may be cancelled by the buyer only upon condition that the buyer assumes immediate liability and makes payment for all work completed and in process. Such charges shall include raw material, unamortized tooling, engineering, handling, overhead, and production costs. Such charges to be determined at time of cancellation or deferment.
Delivery/Shipments – Machining Technologies LLC shall not be liable for damages for default or delay in production or delivery for causes beyond its control including (but not limited to) catastrophic loss or breakdown of equipment, labor disputes, embargoes, acts of God, supplier delays, government restrictions, riots, or carrier delays. Bulk packaging is standard unless otherwise specified in writing during the quoting process. Any release delayed more than 90 days from the original release date is subject to a 1.5 % monthly carrying charge. Total shipments may vary +/- 5% from total order quantity. Machining Technologies LLC reserves the right to hold shipment to any customer that has open past due invoices until payment is received.
Taxes – All sale and/or use taxes and Custom duties imposed by Federal, State, County or municipal authority upon seller’s transfer and delivery of merchandise hereunder shall be paid by the buyer.
Samples – If requested, Machining Technologies LLC. will submit samples for approval when commencing production upon any order. These samples will be sent overnight to the Buyer. The Buyer shall have 5 business days to review samples and submit verbal acceptance or rejection of samples, followed by written confirmation within 10 business days of receipt of samples. Failure of the buyer to contact Machining Technologies LLC within 5 business days will be interpreted as acceptance of samples as is. It is understood that machines are to be run immediately upon acceptance of samples unless otherwise specified in the Purchase Order. Any changes in original specifications will be made only at buyer’s direction and expense.
Claims – In all claims for weight discrepancies, buyer must notify seller within 2 business days of receipt of shipment.
- Any claim that product is defective must be made within 60 days of receipt of shipment, or it will not be honored.
- Charges for inspection, repair, or replacement of parts by buyer without prior authorization by Machining Technologies LLC will not be honored.
- Claims will not be honored on those parts further processed by buyer resulting in change of dimensions or characteristics from parts ordered. Machining Technologies LLC liability in any claim resulting from the use or incorporation into buyer’s product shall be limited to the value of the Machining Technologies LLC product used therein.
- Parts that are subcontracted to an external operation (such as plating, heat treating, or passivation) will be warranted under the specifications of the subcontractors terms and conditions. These will be included in the package with the purchase order when accepted at Machining Technologies LLC.
Tools, Dies – Tools, dies, gages, and fixtures are part of the manufacturing process. As a proprietary item, payment by the buyer, whether separately quoted or not, does not convey ownership or the right of removal from the seller’s plant.
Patents – The products hereunder are manufactured in accordance with the buyer’s specifications and design. Accordingly, buyer shall defend and save harmless Machining Technologies LLC from all damages, claims, actions or suits based upon actual or alleged infringement of any patent registered in the U.S. or elsewhere. Indemnity shall include attorney’s fees and any other costs tied to defending such a claim.
Warranty – Machining Technologies LLC warrants that goods manufactured by Machining Technologies LLC will conform to the drawings and specifications furnished by buyer. Where products are used and combined with other equipment or components not furnished by Machining Technologies LLC, buyer agrees to indemnify Machining Technologies LLC for all claims and expenses resulting from the use or incorporation into buyer’s products. No express or implied warranty of merchantability or fitness for use is made except as provided herein.
Limited Liability – Machining Technologies LLC liability shall be limited to the amount of the purchase price of the part for any defective parts. The foregoing states seller’s entire and exclusive liability. In no event will seller be liable for consequential or special damages arising from any defect or use of his products.